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Question:

Dear Patricia Moerland,
I recently changed from a CDD to a CDI (automatically thanks to french law) as my employment continued despite my CDD contract's end date.
My employer didn't provide me with a hard-copy of a CDI until my insisting one 4 months after the original CDD's end date. I now have a CDI in hard-copy and would like to know what the standard template or 'articles' points that should be on a CDI contract are? As there is no mention of my pay, nor 'primes'/bonuses, hours, statutory holidays, vacation, over time etc. There is also nothing stipulating my tenure/seniority.
On that note the company I am currently working for bought over another company's business (my original employer). Between the two companies (original and current employer) my seniority/tenure, should it not be based on my original entry date to the business (1st cdd contracts hire date?)? Especially since the new employer under french law is deemed to uphold the previous employers 'accords'/conventions?
I appreciate your assistance and responding to my inquiries,
E

by E on 17 Jan 2017
Patricia Moerland

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Answer:

Dear E,
A hard copy of a CDI is not compulsory, as this contract may be oral. But, of course this is not advisable moreover if you claim for it. The employer must provide it and you must both agree on its content. The following items are compulsory :
• identity and address of the parties
• position and status (employee, manager, supervisor)
• work place
• hours of work (you may work on a flat-rate basis or within 35 hours)
• remuneration (salary, bonuses)
• paid vacation
• the duration of the trial period
• the periods of notice in the event of breach of contract
• a possible non-competition clause
• possibly the collective/branch agreement of the branch (convention collective)

If those items do not appear in your written contrat, you can claim for it.

Concerning your seniority (ex : number of year of experience), there is no obligation to have it mentioned in your contract. You may ask for the “certificat de travail” of your previous CDD job and for an "attestation de travail" for your current job ; your seniority will be then mentioned.

For the rest, ask first directly to your HR department, quite sure they will help.
You can get assistance at the "Inspection du travail - DGT - DIRRECTE" of your area for free.
Otherwise there are very good lawyers if you would like to take further steps.
Best regards.
P

by Patricia Moerland on 23 Jan 2017

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