Hiring guide in France

What should I know about hiring in France?

Legal framework

Types of employment contracts

In France, employment contracts primarily fall into two categories: indefinite-term contracts (CDI) and fixed-term contracts (CDD). The CDI, the standard and most common form of employment, has no specified end date and can be full-time or part-time. It may be terminated unilaterally by either party, through mutual agreement, or under exceptional circumstances like force majeure.

The CDD, on the other hand, is used only in specific cases defined by law, such as replacing an absent employee or managing temporary work surges. It must specify a clear duration and objective justification, with a maximum total length, including renewals, of three years. If renewed a third time, it automatically converts into a CDI. Early termination is limited to situations like mutual agreement, gross misconduct, or the employee securing a CDI.

Other employment options include integration contracts, offering financial incentives for hiring disadvantaged job seekers, and apprenticeship and professionalisation contracts, which combine work and training for professional certification. For engineers and managers, the CDD à objet défini is a sector-specific contract lasting 18 to 36 months, ending upon task completion with at least two months’ notice.

Content of an employment contract

In France, employment contracts must include essential details such as the identities of both parties, the employee’s role and qualifications, work location, working hours, compensation, start date, and notice periods. For indefinite-term contracts (CDI), these details ensure clarity, with any special clauses, like non-competition or mobility, explicitly stated. Contracts must be in French, with translations for foreign employees.

Fixed-term contracts (CDD) require additional information, including the end date, renewal terms, and details of the pension fund. Defined-purpose contracts (CDD à objet défini) must outline the project’s description, expected duration, tasks, and conditions for termination. These provisions ensure legal compliance and protect both employer and employee rights.

Download a free employment contract for France through Native Teams.

Oral, written or electronic employment contracts

In France, indefinite-term contracts (CDIs) do not legally require a written form unless they are part-time, but undocumented contracts are automatically treated as full-time CDIs. Although oral agreements are permissible, written or electronic contracts are common to avoid disputes. Written contracts must be in French, with translations provided for foreign employees, and electronic contracts must use a reliable electronic signature process.

Fixed-term contracts (CDDs) and defined-purpose contracts (CDD à objet défini) must be documented in writing to be valid. Failure to do so results in automatic conversion to a full-time CDI. Employers must provide employees with a signed copy of fixed-term contracts within two days to ensure legality and clarity.

Probationary period

In France, a probationary period allows employers to assess an employee’s suitability for the position and gives employees the chance to evaluate their role and work environment. While not mandatory, it is common practice, and specific rules apply under the French Labour Code and applicable collective agreements. 

The probationary period must be explicitly stated in the employment contract to be enforceable. For indefinite-term contracts (CDIs), the standard probationary period is two months for non-managerial staff, three months for supervisors and technical staff, and four months for managerial roles. Fixed-term contracts (CDDs) may also include a probationary period, generally not exceeding one day per week of the total contract duration, capped at two weeks for contracts under six months and one month for longer contracts.

Working hours

In France, the standard full-time workweek is 35 hours, typically spanning Monday at 00:00 to Sunday at 24:00. This standard, established by the French Labor Code, can be adjusted through sector-specific collective agreements or company-specific arrangements. Such agreements may set working durations above or below the 35-hour standard while maintaining compliance with applicable laws.

Work schedules can be evenly or unevenly distributed across days, weeks, or months. The law also limits daily working hours to 10 hours, which may be extended to 12 hours under exceptional circumstances, such as urgent business needs or provisions outlined in collective agreements.

Breaks and night work

In France, employees working at least six hours per day are entitled to a 20-minute paid break, which is considered part of their daily working time. A standard workday typically lasts seven hours. Additionally, workers are guaranteed a minimum daily rest period of 11 uninterrupted hours within a 24-hour period. For minors, this rest period is extended to 12 or 14 hours, depending on their age.

Employees must not work more than six days a week and are entitled to a weekly rest period of at least 24 continuous hours, commonly observed on Sundays, which is added to their daily rest period.

Night work is defined as work performed between 9:00 p.m. and 7:00 a.m., though the specific hours may be modified by law, collective agreements, or company-specific arrangements. Employees are considered night workers if they work at least three hours during this period for two days a week or a total of 270 hours over 12 consecutive months.

Annual leave

Employees in France are entitled to paid annual leave, fully covered by the employer. For every month of actual work, employees accrue 2.5 working days of leave, based on a five-day workweek. Fractions of leave days are rounded up to the nearest whole day. Leave is available from the start of employment, and employees may take it on any working day with prior employer approval.

The maximum duration of leave taken at once is 24 working days, unless specific family or geographical circumstances justify an exception. If leave is split, employees must take at least 12 consecutive days between May 1 and October 31, unless a collective or company agreement specifies otherwise or the employer agrees to a different arrangement.

Employers cannot deduct absences such as sick leave, maternity, paternity, or adoption leave from annual leave entitlement. Additionally, if an employee falls ill during their annual leave, they may request to postpone the affected days.

Holidays

In France, public holidays are generally not automatically paid days off unless specified in the employment contract or collective agreements. There are 11 statutory public holidays, which include well-known dates such as New Year’s Day (January 1), Bastille Day (July 14), and Christmas Day (December 25). However, the specific treatment of these holidays depends on whether they fall on a workday or not and the terms outlined in the employee’s contract or collective agreements.

Wages and contributions

In France, salary negotiations between employers and employees are free, but certain legal and contractual provisions must be followed. The employment contract must outline all components of compensation, including salary, paid leave allowances, bonuses, gratuities, commissions, and in-kind benefits. The salary cannot be reduced without the employee’s consent. If the employee refuses a salary reduction, it is not considered a fault.

The minimum gross salary (SMIC) for full-time work is set annually by decree. As of November 1, 2024, the SMIC is €11.88 per hour. If a collective agreement specifies a minimum wage lower than the SMIC, the employer must supplement the salary to meet the minimum. If the collective agreement’s wage exceeds the SMIC, the employer must pay the higher amount.

To calculate the salary and taxes in France, click here.

Sick leave

In France, employees are entitled to sick leave benefits if they are unable to work due to illness or injury. To qualify for paid sick leave, the employee must provide a medical certificate and notify their employer promptly. The duration of paid sick leave depends on the employee’s length of service and the terms of their collective agreement.

During sick leave, employees receive daily compensation, which is typically paid by the Social Security system (Sécurité Sociale) and, in some cases, supplemented by the employer. The employer’s contribution is subject to specific conditions outlined in the employment contract or collective agreements.

Parental and maternity leave

In France, maternity and parental leave rights are well-defined, providing employees with time off to care for their child while ensuring financial support during this period.

Maternity leave in France is mandatory and provides female employees with protection before and after childbirth. The standard duration is 16 weeks, with six weeks taken before the expected delivery date and ten weeks after. For multiple births, this period extends to 34 weeks.

Paternity leave in France allows fathers to take time off after the birth of their child. As of July 2021, the standard duration is 28 days, with 7 days of mandatory leave and 21 days of optional leave that can be taken consecutively or intermittently.

Like maternity leave, paternity leave is paid, and employees receive compensation from the Social Security system, which is typically around 100% of their salary for a certain period, subject to the limits set by the system.

Termination of the employment relationship

In France, employment contracts can end through various methods:

1. Resignation: Employee initiates, with required notice as per the contract or collective agreement.
2. Constructive Dismissal: Employee resigns due to employer breaches, with potential compensation after tribunal review.
3. Judicial Termination: Employee requests court intervention due to employer misconduct, leading to possible compensation and unemployment benefits.
4. Mutual Termination: Both parties agree to terminate the contract, with severance and administrative approval.
5. Dismissal: Employer terminates for valid reasons, subject to tribunal review and potential compensation.
6. Retirement: Voluntary or employer-initiated, with required notice.
7. Fixed-Term Contract: Ends automatically at the specified date, with early termination allowed under certain conditions.

Each method involves specific rules on notice periods and compensation.

Ordinary dismissal by employer

In France, an employer can terminate an employment contract with or without notice for valid reasons, including personal, misconduct, or economic grounds. Personal reasons may include professional inadequacy, illness, unfitness for the position, or harassment. Misconduct can range from simple violations to serious or gross misconduct, with the severity determining whether dismissal occurs with or without notice. Economic reasons allow dismissal when a position is no longer necessary, but only if the employee cannot be reassigned to another role.

Notice period and challenging the dismissal

Under French law, the notice period begins when the termination of the contract is notified and lasts until the end of the contract. The notice period varies depending on the employee’s length of service: no notice for less than 6 months, one month for 6 months to 2 years, and two months for more than 2 years. Collective agreements may specify longer notice periods. During this period, if the employee works, they continue to receive their usual pay, but the employer may waive this period with compensation.

Employees have 12 months from the notification of termination to challenge a dismissal. If they believe the dismissal is unjustified or procedurally flawed, they can file a claim with the labor tribunal. If the tribunal rules the dismissal lacks just cause, the employer must compensate the employee. In cases of procedural irregularities, the tribunal may order reinstatement with compensation.

Rights and obligations of unemployed individuals

In France, unemployed individuals who are actively seeking work and have lost their job involuntarily may qualify for unemployment benefits. To be eligible, they must have worked at least 910 hours over 6 months and provide documents like ID, social security number, and employment history.

To retain benefits, they must actively search for work, accept reasonable job offers, and renew registration with France Travail. Unemployment benefits are calculated based on past earnings, with allowances ranging from €30.42 to €256.96 per day. The duration of benefits varies by age, from 182 to 1,095 days.

Additional assistance, like solidarity or mobility allowances, may be available under specific conditions.

Severance pay

In France, severance pay is required when an employee is dismissed without serious cause. The amount is based on the employee’s length of service: ¼ month’s salary per year of service for up to 10 years, and ⅓ month’s salary per year for service beyond 10 years. This calculation also applies to mutual termination agreements. Severance pay is not owed in cases of gross misconduct.

Prohibition of competition

In France, a non-compete clause is included in the employment contract to prevent the employee from joining a competitor or working independently after the contract ends. For the clause to be valid, it must be reasonable in duration (not exceeding 2 years), limited geographically, related to a specific activity, and accompanied by financial compensation. If these conditions are not met, the clause is invalid. 

The compensation must be specified in the contract and is required as soon as the clause takes effect. The employer may waive the clause, but this must be clear. If the employer fails to pay the compensation, the employee is no longer bound by the clause. Violating the clause can result in damages to the employer.

Remote working policy

Under French law, remote work involves performing tasks outside the company’s premises using communication technologies, such as from home, coworking spaces, or alternately with office work. It differs from home-based work, where employees receive lump-sum payments based on task completion and are not always considered employees.

Employers must provide the necessary equipment for remote work and cover certain costs like rent and utilities. Health and safety obligations for remote workers are more comprehensive than for home-based workers, who receive limited assistance and are subject to fewer employer responsibilities.

Health and safety at home

Under French law, remote workers have the same health and safety rights as on-site employees. Employers must take necessary measures to safeguard employees’ health and safety, including consulting with occupational health doctors and implementing preventive programs. They must ensure remote work environments meet safety standards, with access to remote work locations allowed with prior consent.

Accidents during remote work are considered work-related, and employers must organize annual meetings to discuss working conditions, workload, and work-life balance, ensuring compliance with working hours and respect for personal life.

What are the advantages of hiring employees from France vs other countries?

Hiring employees from France offers several advantages, particularly for businesses looking to expand or operate within the European market. France is home to a highly skilled workforce, with a strong emphasis on education and professional training, particularly in sectors such as technology, engineering, finance, and healthcare. This provides businesses with access to qualified professionals who can meet diverse business needs.

France’s stable legal and regulatory framework is another key advantage. The country’s well-established labour laws provide clear guidelines for both employers and employees, offering a predictable and fair work environment. Although the regulations may be more stringent compared to other countries, they ensure the protection of workers’ rights, which can enhance overall workplace morale.

Furthermore, as a member of the European Union, France provides businesses with easy access to the broader EU market. Hiring French employees helps businesses tap into this market, while also benefiting from the cultural and business similarities shared across EU countries.

The French social security system is another benefit, offering comprehensive health coverage, retirement pensions, and unemployment insurance. This system can enhance employee satisfaction and retention, although it may result in higher employer costs.

Lastly, France places a strong emphasis on work-life balance, with regulated working hours and generous holiday allowances. This can improve employee productivity and loyalty, contributing to long-term retention and satisfaction. However, businesses must also consider challenges such as high employment taxes and the complexity of administrative procedures.

Why use Native Teams for hiring in France?

Native Teams lets you employ team members “like a local”, meaning you get all the benefits of a global team wherever you are based. Here are the reasons why you should use Native Teams for hiring:

• No paperwork: We will handle all the necessary paperwork for you.
• Save on taxes: We help you handle your taxes.
• No company set up: You can expand your business using our company entitles.
• Online onboarding: We’re here to ensure your onboarding process is trouble-free.
• No accounting: We will handle all of your accounting needs, including invoicing, payroll, and more.
• Increase your profit: We assist you in growing your business and maximising your profits.
• Compliance expertise: we can assist your company in navigating the regulatory environments and ensure you meet all relevant requirements.
• Local support: We can assist you in understanding and complying with the relevant local laws.