In general, the employment contract can be concluded in writing or verbally, but the employer must provide the employee with a written statement of the essential terms governing the employment relationship. However, a written contract of employment is required:

where provided for by the applicable collective bargaining agreement (CBA);

for fixed-term contracts;

for part-time contracts; and

for apprenticeship employment contracts.

The employment can be on a full- or part-time basis and for an indefinite period. Fixed-term contracts are only permitted in a limited number of cases (such as to replace a temporarily absent employee or to meet a temporary increase in the company's activity).

Implied terms. In addition to the employment contract, the legal relationship between employer and employee in France is governed by a hierarchy of collective sources of law, including:

European legal instruments;

the French Constitution;

the French Labour Code;

case law;

CBAs;

company collective agreements;

internal rules and regulations; and

company practices.

The employment contract can only derogate from collective sources of law to the employee's advantage.

Collective agreements. A CBA (collective bargaining agreement) is a written agreement, entered into between one or more employee-representative trade union(s) and one or more employer-representative trade union(s) in a specific sector (and sometimes, a specific location), governing:

individual and collective labour relations;

working conditions; and

employee benefits.

Whether a CBA applies depends on the company's main business activity, not the company's headcount or the existence of union representatives within the company. In most cases, a CBA is mandatory if the employer's activity falls within the CBA's scope.