French Labour Law

CDI, CDD & CSA Contracts in France: The Employer's Guide to French Employment Contracts

DAIRIA Law · 2026-08-17 · 8 min

CDI, CDD & CSA Contracts in France: The Employer’s Guide to French Employment Contracts

When international companies search for “CSA contracts,” they are almost always looking for the correct French employment contract to hire staff in France — and the default, open-ended contract is the CDI (contrat à durée indéterminée), while the fixed-term equivalent is the CDD (contrat à durée déterminée). Under Article L.1221-2 of the French Labour Code, the CDI is the standard form of the employment relationship, and any deviation (fixed-term, temporary, part-time) must be expressly justified and documented in writing.

This guide is written for HR directors and executives of US and international employers. It explains the main contract categories used in France, the mandatory clauses, and the compliance traps that most frequently expose foreign companies to reclassification and penalties. DAIRIA Law advises and represents international employers in structuring compliant French employment contracts.

What “CSA” Really Means in the French Hiring Context

There is no standalone contract legally called a “CSA contract” in the French Labour Code. The term is used loosely in global HR platforms and Employer-of-Record (EOR) documentation, and in France it is most often understood in one of three ways:

  • A local French employment contract (CDI or CDD) — what you actually need to employ someone in France.
  • A country-specific addendum or “country schedule” attached to a group employment agreement (sometimes abbreviated as a “CS” / “country schedule agreement”).
  • A service or contractor agreement — which is not an employment contract and carries a serious risk of misclassification.

The key takeaway for your company: if the person works under your direction, at your instructions, and within your organisation, French law will treat the relationship as salaried employment regardless of the label on the document. The written title of the agreement does not determine its legal nature — the actual working conditions do. This principle of the subordination link is decisive in every reclassification dispute.

So the practical question is not “which CSA template do I use?” but “which French employment contract applies to my situation, and is it drafted to survive a labour-court challenge?”

The Two Core French Employment Contracts: CDI and CDD

The CDI (open-ended contract)

The CDI is the baseline. It has no end date and continues until it is terminated through resignation, dismissal, mutual termination (rupture conventionnelle), or retirement. Advantages for the employer include flexibility on duration and lighter documentary constraints than the CDD. A CDI does not legally have to be in writing to exist, but written form is strongly recommended and, in practice, effectively required by most applicable collective bargaining agreements.

The CDD (fixed-term contract)

The CDD is the exception and is tightly regulated. Under Article L.1242-1 of the French Labour Code, a fixed-term contract may not have the object or effect of durably filling a job connected with the company’s normal and permanent activity. You may only use a CDD for defined lawful reasons, such as:

  • Replacement of an absent employee;
  • Temporary increase in business activity;
  • Seasonal work or jobs where fixed-term contracts are customary by nature.

A CDD must be in writing and must be delivered to the employee within two working days of hiring, per Article L.1242-13 of the French Labour Code. If you miss this deadline or fail to state a valid reason, the contract can be reclassified as a CDI — with back pay, damages, and a reclassification indemnity.

At the end of a CDD, an end-of-contract indemnity (prime de précarité) equal to 10% of total gross remuneration is generally due, subject to exceptions.

Mandatory Clauses and Compliance Points Every Contract Must Cover

Whether you use a CDI or CDD, your French employment contract — and the information you must give the employee — should address:

  • Identity of the parties and the workplace location;
  • Job title, classification and duties, aligned with the applicable convention collective (collective bargaining agreement);
  • Remuneration, including base salary, bonuses, and benefits, respecting the sector minimum and the national minimum wage (SMIC);
  • Working time — the full-time reference is 35 hours per week under the French Labour Code; any forfait-jours (day-rate) arrangement requires a specific written agreement and a supporting collective framework;
  • Trial period (période d’essai), whose maximum duration is capped by law depending on the employee category;
  • Paid leave, notice periods, and the applicable collective agreement.

Optional but strategic clauses — non-compete, mobility, confidentiality, intellectual property assignment — must be drafted carefully. A non-compete clause is only valid if it is limited in time and geography, justified by the company’s legitimate interests, and financially compensated; without paid consideration it is unenforceable.

The collective bargaining agreement is not optional

One of the biggest surprises for international employers: your company is bound by the sector-wide collective agreement covering your activity. It can impose higher minimum salaries, additional bonuses (e.g. 13th month), longer notice periods, and specific job classifications — on top of the Labour Code. Drafting a contract without checking the applicable convention collective is the most common and most expensive mistake.

Misclassification: Why a “Contractor” or Offshore “CSA” Is High-Risk

Many foreign companies try to engage French talent as independent contractors or through a foreign entity to avoid setting up a payroll. French authorities scrutinise this heavily. If the worker is economically dependent on your company, integrated into your team, and subject to your instructions, the relationship may be requalified as salaried employment.

The consequences are severe: payment of unpaid social security contributions (employer and employee shares), reclassification into a CDI, damages, and potential criminal exposure for concealed employment (travail dissimulé). Using an EOR can be a legitimate short-term solution, but it does not remove your obligation to respect French mandatory rules and does not shield you where you exercise direct managerial control.

DAIRIA Law assists international employers in choosing between direct hiring, EOR, and secondment, and in documenting the arrangement so it withstands a URSSAF or labour inspection audit.

Terminating a French Employment Contract

Ending a CDI is not “at will.” Dismissal requires a real and serious cause (cause réelle et sérieuse) and a strict procedure: invitation to a preliminary meeting, the meeting itself, then a notification letter stating the grounds. For an individual dismissal on personal grounds, the French Labour Code governs the notification requirements. Failure to follow the procedure or justify the grounds leads to damages assessed by the labour court (Conseil de prud’hommes).

Alternatives include the rupture conventionnelle (negotiated mutual termination with a mandatory administrative validation) — often the cleanest route for both parties. A CDD, by contrast, generally cannot be terminated early except in limited cases (serious misconduct, force majeure, mutual agreement, the employee obtaining a CDI elsewhere), failing which the employer may owe damages equal to the remaining salary.

FAQ

Is there really a contract called a “CSA contract” in France?

No. French law recognises the CDI, CDD, temporary/agency contracts, and part-time contracts, among others. “CSA” is a term used mainly on international HR platforms and usually refers to a local French employment contract or a country schedule attached to a group agreement. To employ in France, you need a compliant CDI or CDD.

Does a French employment contract have to be in writing?

A CDI in full-time form is not legally required to be in writing to exist, but written form is strongly advised and often imposed by the applicable collective agreement. A CDD and a part-time contract must be in writing, and a CDD must be provided within two working days under Article L.1242-13 of the French Labour Code.

Can I hire a French employee as an independent contractor instead?

You can, but only if the person is genuinely autonomous. If you direct their work and integrate them into your organisation, the relationship risks reclassification as salaried employment, with retroactive social contributions and penalties for concealed work. This is one of the highest-risk shortcuts for foreign employers.

What is the standard working time under a French contract?

The legal full-time reference is 35 hours per week under the French Labour Code. Hours worked beyond that are overtime with statutory increases, unless a valid day-rate (forfait-jours) agreement applies, which requires both an individual written agreement and a supporting collective framework.

How do I end a permanent (CDI) contract compliantly?

You need a real and serious cause and must follow the statutory dismissal procedure, including the preliminary meeting and a reasoned notification letter as required by the French Labour Code. A negotiated mutual termination (rupture conventionnelle) is often preferable and requires administrative validation.

Working with DAIRIA Law

DAIRIA Law advises, assists, and represents US and international employers in drafting compliant CDI and CDD contracts, checking the applicable collective agreement, managing trial periods, non-compete clauses, and dismissals, and avoiding misclassification exposure in France. Before you issue any “CSA” or offer letter to a French hire, have the contract reviewed against the French Labour Code and your sector agreement — it is far cheaper than a reclassification claim before the Conseil de prud’hommes.

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