A full-time permanent contract does not require any written document according to Article L1221-1 of the Labor Code. However, drafting a contract remains the norm in almost all companies, and collective agreements often impose mentions that the Code does not provide for. Writing a reliable model for a permanent employment contract requires mastering the interplay between the legal foundation, the conventional provisions, and the optional clauses that truly protect the employer.
Optional clauses of the permanent contract: those that really change the execution of the contract
General articles list the clauses without prioritizing their operational impact. We recommend focusing the drafting effort on three clauses whose poor formulation generates the most disputes.
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The non-competition clause must provide for financial compensation, a geographical limitation, and a duration. Without compensation, it is void. Jurisprudence also penalizes geographical scopes that are disproportionate to the employee’s actual activity.
The mobility clause deserves comparable attention. It must precisely define the geographical area concerned. A clause that is drafted too vaguely (for example, “throughout the national territory” without justification related to the position) may be deemed abusive.
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The confidentiality clause, often copied from a standard model, benefits from being adapted to the sector of activity. We observe that generic formulations such as “any information related to the company” do not always withstand judicial scrutiny. It is better to list the categories of protected information: client data, business methods, technical know-how.
To obtain a downloadable model of an employment contract that incorporates these clauses, ensure that the document offers variations according to the applicable collective agreement and not a single text meant to cover all cases.
Mandatory mentions of the permanent contract according to the applicable collective agreement
The Labor Code does not impose mandatory mentions for a written full-time permanent contract. It is the collective agreements that create this obligation. Confusing the two sources is the most common mistake in free models available online.
The mentions generally required by collective agreements cover:
- The position held and the corresponding classification in the conventional grid, with the hierarchical coefficient when the agreement provides for it.
- The detailed gross remuneration: base salary, any conventional bonuses, valued benefits in kind.
- The duration and conditions of the trial period, including any possible renewal. For a permanent contract, the legal duration varies: 2 months for workers and employees, 3 months for supervisors and technicians, 4 months for executives (art. L1221-19 C. trav.), renewable once if the collective agreement allows it.
- The workplace, the start date, and the applicable collective agreement.
The part-time permanent contract follows a distinct regime. The Labor Code here requires a written document that includes the weekly or monthly duration, the distribution of hours between the days of the week or the weeks of the month, the conditions for modifying this distribution, and the limits on additional hours.
Accrual of paid leave during sick leave: an update to be integrated into the permanent contract
The law of April 22, 2024, has modified the rules for accruing paid leave during sick leave. This change directly impacts the drafting of contract models and the attached internal policies.
An employee on leave for non-work-related illness now accrues 2 working days of leave per month, up to a maximum of 24 days per year. For leaves related to a work accident or occupational disease, the rule of 2.5 days per month remains in effect.
Downloadable permanent contract models almost never incorporate this distinction. We recommend adding a mention referring to the applicable legal provisions rather than fixing a calculation in the contract. A formulation such as “leave rights are accrued in accordance with applicable legal and conventional provisions” offers better legal security than a detailed paragraph that will become obsolete with the next reform.
European directive on pay transparency and drafting the permanent contract
The European directive on pay transparency will change how the remuneration clause must be drafted. The criteria for determining remuneration and the levels of progression must be objective and accessible to the employee.
In practice, the employee will be able to request in writing information about their individual remuneration and the average remuneration by gender for equivalent positions. The employer must respond within 2 months.
Any salary confidentiality clause that would prevent an employee from discussing their remuneration will be prohibited. If your permanent contract model contains a confidentiality clause covering “remuneration conditions,” it will need to be rewritten before the directive is transposed.
DPAE and preliminary formalities: what the contract does not replace
Drafting a permanent employment contract does not exempt from the Prior Declaration of Employment (DPAE) to URSSAF. This formality must be completed no later than the last working day before the start date. Its absence constitutes an offense of concealed work.
The contract itself does not need to mention the DPAE. However, providing a signed copy to the employee within a reasonable timeframe remains a practical obligation that most collective agreements regulate.
A well-constructed permanent contract model benefits from being accompanied by a checklist of hiring formalities: DPAE, information and prevention visit, registration in the single personnel register, provision of the information notice on guarantee and mutual insurance. The contract formalizes the employment relationship, but it only covers part of the employer’s obligations upon hiring.
Adapting a free model to one’s situation remains the most reasonable approach for a small or medium-sized enterprise. The condition: systematically verify the applicable collective agreement, update the clauses related to leave and remuneration, and never consider a downloaded document as final without reviewing it in light of current law.