Open-ended employment contract (CDI) template: clauses and management
The CDI is the standard form of employment contract in France. A written contract is not always mandatory, but it is in practice as soon as you want a probation period, a non-compete or a mobility clause. A template approved by legal or HR limits the risk of void clauses and contracts that differ from one employee to another for no reason.
When to use it
- For every open-ended hire, full-time or part-time.
- As the basis for later amendments: change of position, pay, place, working time.
- In an adapted version for executives on an annual days-based schedule (forfait jours), part-time work or regular remote work.
What the template covers
- Identification and position
- Parties, start date, job title, classification under the collective agreement, place of work and reporting line.
- Probation period
- Its length, within the limits of the law and the collective agreement, its possible renewal and the conditions for ending it during probation.
- Working time and pay
- Weekly hours or days-based schedule, schedules or autonomy, base salary, bonuses, benefits in kind, payment terms.
- Specific clauses
- Mobility, exclusivity, non-compete with its financial consideration, confidentiality, ownership of creations, remote work. Each has its validity conditions.
- Collective agreement and internal rules
- The applicable collective agreement, which prevails over the contract for more favorable provisions, and the reference to internal rules.
- Termination
- The notice period in case of resignation or dismissal, often referred to the collective agreement, and the documents to hand over.
Common mistakes
- A non-compete clause without financial consideration, without limitation in time and area or not justified by a legitimate interest of the company: it is void.
- A probation period longer than the statutory or collective maxima: two months for employees, three for supervisors and technicians, four for executives, renewable once if an extended branch agreement provides for it (articles L. 1221-19 to L. 1221-21 of the French Labor Code).
- Contracts drafted from the previous employee’s, with clauses that no longer match the position.
- Contracts signed but not filed: at the first request from the labor inspectorate or the employee, nobody finds the original.
In Docform
In Docform, the CDI is an HR template with its variants (executive, non-executive, days-based schedule, part-time), generated from a hiring questionnaire, approved by legal or HR, signed electronically by the employee, then filed in their record with access rights reserved to HR. Amendments are generated from the original contract.
Frequently asked questions
- Can an employment contract be signed electronically?
- Yes. Employment contracts are commonly signed electronically, with an evidence file. Docform’s built-in signature, compliant with the eIDAS framework, is suited to it.
- Which clauses need particular attention?
- Non-compete, mobility and exclusivity clauses, whose validity depends on precise conditions, and the probation period, framed by law and the collective agreement. An approved template avoids reinventing them at every hire.
- Does the template take my collective agreement into account?
- The Docform template is structured to refer to your collective agreement on the points it governs: classification, probation, notice. It is configured with your own provisions, approved by your legal team or counsel.
This guide describes what a document of this type usually contains. It is not legal advice: the content of your contracts is a matter for your legal department or counsel.
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