L’exposé du droit du travail français à un non-francophone est un exercice délicat. Nous mettons à disposition une ressource qui offre une vue d’ensemble claire et exhaustive des concepts et normes essentiels de ce droit. Elle propose un aperçu pratique des droits et obligations des employeurs et des salariés en France, ce qui la rend accessible à un public plus large désireux de comprendre le système français du travail. Certains termes sont mis en évidence en gras, et une transposition de ces termes est fournie en fin d’article.
Like most countries, employment law in France, is there to safeguard both employees’ and employers’ rights and interests. The rights and responsibilities of individuals, trade unions, and companies are provided for in the French Labor Code. There are various legal frameworks that outline the minimum requirement for employment relationships, these include, The French Constitution, EU law and Collective Bargaining Agreements (CBAs). However, the French Labor Code is the main one.
To access the French Labor Code click on the following link https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006072050/
A person’s right to work in France is dependent on their citizenship. Due to the two-tier system in place, EU citizens may also work in France without much difficulty. Citizens from countries within the European Economic Area/European Free Trade Area (EEA/EFTA) may also be allowed to work in France. French Law requires nationals from other countries to get a work permit if they are to be allowed to work. This now also applies to UK citizens, subsequent to the UK leaving the EU in 2021, UK citizens now also require a work permit if they are allowed to lawfully work in France.
The different types of employment contracts offered in France
There is a variety of employment contracts available that meet a range of job requirements. These include:
Permanent Contract (Contrat à Durée Indéterminée – CDI): Out of all the employment contracts in France, this is the most popular contract form. A CDI contract provides indefinite employment with no set termination date. The terms of the contract are subject to applicable labour laws and CBAs. For full-time employment, this form of contract can either be verbal or written, however part-time contract must be written.
Fixed-Term Contract (Contract à Durée Déterminée- CDD): These type of contracts are tailored for particular temporary work activities, or unusual circumstances, such as seasonal work or personnel replacements. One key thing to note about this form of contract is that it must be written in French. It is also important to note that if you are under such a contract and want to leave, you must give adequate notice. On the flip-side, if an employer wants to let an employee go, they must have reasonable grounds for dismissal.
Here is a site where you can check employment termination procedures https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/france
Apprenticeship or Professionalisation Contract: These formal agreements outline both training and work arrangements, with the goal of assisting employees in obtaining a professional certification.
Single Integration Contract: These contracts are designed to provide financial assistance and job chances to people that are having difficulty obtaining work. They provide interim professional integration as well as future opportunities. Employers receive financial assistance to help them in the process.
The Employment Benefits that an employee is entitled to through French Law
French labour laws have made provisions for some entitlements readily available for employees these include:
National minimum wage
Maximum weekly working hours
National holidays and holiday leave
Safe and healthy workplaces
Freedom from discrimination and harassment
Termination rights and notice periods
In addition to this, through tax businesses, employees, and the French government all contribute to compulsory benefits such as sick leave, maternity and paternity leave, death insurance, unemployment insurance, health insurance, and pension funds.
French minimum wage
The national monthly minimum wage in France is €11.52, representing a monthly wage of €1,747.20 for a 35-hour workday as of January 2023. The minimum wage is reviewed 1st of January every year Collective bargaining agreements may establish higher minimum salaries in specific industries.
For more information concerning the Increase of the minimum wage in France – Welcome to France
Contributions to Pensions and Healthcare
Contributions to pensions and healthcare are essential elements of the French Social Security system, which is paid by the government, businesses, and employees. Employers pay 80% of the payroll tax, while employees pay the remaining 20%. Employees in France are required to pay minimum contributions to their pension fund, which is available after they reach the legal retirement age. Additional contribution plans are offered to supplement pensions.
If you have an queries or concerns, consider speaking with legal professionals that are experienced in French employment law for a more personalised approach. If you are interested in reading articles on this subject; click on the following links
Traduction des mots surlignés
Safeguard – Sauvegarder
Tailored – Sur mesure
Unusual – Inhabituel
Bargaining – Négociation