2.1Employment contracts (CDI, CDD, apprenticeships…)
The essentials in 30 seconds
- Permanent contract (CDI) = the standard, lasting form; fixed-term contract (CDD) = a temporary, precise need (replacement, extra workload), strictly regulated.
- Apprenticeship = employment + qualifying training (apprenticeship, professionalization) to train and hire.
- Reflex: explicit grounds and regime, proportionate clauses, a written, signed contract — diverted use invites reclassification.
Threaded mini-case — Amira secures a replacement
Amira, HR assistant in a services SME, must replace an employee on maternity leave: her manager suggests chaining short fixed-term contracts “to stay flexible”. Amira checks the grounds, the fixed-term regime and the required contents, then has a written contract signed before the start date. This same case runs through the lesson, the diagram, the script and the challenge — and continues in 2.2, 2.3, 2.4 and 2.5.
This same case runs through the lesson, the diagram, the script and the 48h challenge — and continues in 2.2, 2.3, 2.4 and 2.5.
1. Permanent, fixed-term, apprenticeship: choose with full knowledge
The permanent contract (CDI) is the standard, lasting form of employment contract, with no fixed end: it ends through the legal channels. The fixed-term contract (CDD) covers a temporary, precise need (replacement, one-off extra workload, seasonal work) and stays strictly regulated (grounds for use, required contents, renewal rules). Apprenticeship (apprenticeship, professionalization) combines employment and qualifying training: you train and prepare a hire.
Amira rules out “comfort” fixed-term contracts for a lasting need: if the need is permanent, a permanent contract is what is needed. Outside France, names change but the logic stays the same — check locally for the applicable regime.
2. The clauses that matter
The foundation: duties, place, working time, pay, with the collective agreement cited. The probation period lets each side validate fit, with easier termination that is never abusive or discriminatory. A non-compete clause must be limited and compensated, otherwise it is void; mobility and confidentiality must stay proportionate.
An unfair clause (unbalanced against the employee) falls before the court: Amira has every sensitive clause re-read before signing.
3. Writing protects both sides
The contract is handed over in writing, signed by both parties, with a copy for the employee — the fixed-term contract imperatively requires a written document. The purely verbal contract has only a very narrow place: always put it in writing.
Without writing, a fixed-term contract risks reclassification as a permanent contract: Amira never lets a fixed-term contract start without a signed written document and a prior declaration.
🔎 Concrete example — 🔎 Hands-on example — A compliant fixed-term contract
What Amira checks before signing.
Grounds: identified replacement (name + position concerned).
Regime: required contents, renewal under the applicable rules.
Clauses: duties, place, hours, pay, agreement cited.
→ written document signed before the start date, employee copy, declaration filed.Reading: grounds + regime + writing = valid fixed-term contract.
Lesson: a fixed-term contract without writing means a major risk of reclassification as permanent.
Section vocabulary
- CDI (permanent contract)
- Open-ended contract: the standard, lasting form of employment contract, with no fixed end.
Simple example: Amira suggests a permanent contract for the lasting reception position.
What it is not: a fixed-term contract renewed to durably fill a permanent job.
Reflex: lasting need = permanent contract.
- CDD (fixed-term contract)
- Fixed-term contract: for a temporary, precise need, with an end date; strictly regulated.
Simple example: Replacing maternity leave, with grounds and required contents.
What it is not: a contract with no grounds or written document used as an extended probation.
Reflex: grounds + regime + writing, always.
- Apprenticeship
- A contract combining employment and training (apprenticeship, professionalization) to gain a qualification.
Simple example: Amira prepares an apprenticeship contract with a training provider.
What it is not: an internship or a standard fixed-term contract with no training component.
Reflex: train + hire, with a qualifying path.
- Probation period
- The initial phase letting each side end the relationship more easily to validate fit.
Simple example: Amira follows probation with milestones and a written review.
What it is not: a law-free zone where anything goes.
Reflex: follow it and document it, never endure it.
- Reclassification
- A court's reclassification of a misused contract (e.g. an abusive fixed-term contract reclassified as permanent), with consequences for the employer.
Simple example: Chained fixed-term contracts on a permanent position, reclassified by the court.
What it is not: a simple administrative fix with no effect.
Reflex: any diverted use of fixed-term contracts invites reclassification.
In practice — Hands on — Choose and frame the right contract
- Identify the nature of the need: lasting (permanent), temporary and precise (fixed-term), qualifying training (apprenticeship).
- Check the rules of the chosen contract: grounds for use, required contents, probation period, renewal regime.
- Avoid abusive uses (repeated fixed-term contracts for a permanent need) that invite reclassification.
- Refer to local law and the collective agreement for the exact terms.
Ready-to-say script — framing the contract with the manager (1 min)
“For this replacement, we go for a fixed-term contract with precise grounds and required contents, signed before the start date. If the need becomes lasting, we will switch to a permanent contract rather than chain fixed-term contracts: that is what protects us from reclassification. I will show you the draft before sending.”
To say to the requesting manager: qualified need, announced regime, promised writing.
Copy-paste template — contract sheet before signing
NEED (lasting / temporary and precise / qualifying): _______________
CONTRACT CHOSEN (permanent / fixed-term / apprenticeship): _______________
GROUNDS (if fixed-term): _______________
CONTENTS (duties, place, hours, pay, agreement): _______________
PROBATION AND FOLLOW-UP: _______________
WRITTEN DOCUMENT SIGNED BEFORE START (yes / no): _______________SME / small budget
With no in-house lawyer: one template re-read once by a professional, then a grounds + contents + signature checklist reused at every hire.
Urgent replacement
Urgency never excuses writing: precise grounds, complete contents and signature before the start date, even under pressure.
Apprenticeship
Coordinate company, employee and training provider: schedule, duties and follow-up written from the start.
Group / multi-site
Harmonize templates by country and agreement, with central HR control before any local signature.
✓ Best practices
- Qualify the need before choosing permanent, fixed-term or apprenticeship.
- Keep proportionate, re-read clauses (non-compete limited and compensated).
- Have the written document signed before the start date, with an employee copy.
✗ Common pitfalls
- Using fixed-term contracts for a permanent need (reclassification).
- Letting a fixed-term contract start with no signed writing.
- Copying a contract from another country or agreement without checking.
Key takeaways
- The permanent contract is the standard, lasting form; the fixed-term contract covers a precise temporary need, within a regulated framework.
- Apprenticeship combines employment and qualifying training.
- Each contract has its rules: probation period, required contents, renewal and termination regime.
- Misuse invites reclassification; terms depend on local law.
48h Challenge — apply tomorrow
Take one recent contract and check grounds + contents + signature with the template above. Note one correction to apply at the next hire.
- I can tell permanent, fixed-term and apprenticeship apart in one sentence each.
- I can quote a fixed-term contract's checkpoints (grounds, contents, signed writing).
- I have checked a real contract with the template sheet.
Frequently asked questions
Can you chain fixed-term contracts with the same person?
This is strictly regulated and often risky. The fixed-term contract is reserved for temporary, precise needs (replacement, one-off extra workload, seasonal work); it must not be used to durably fill a job tied to the company's normal activity. Chaining fixed-term contracts on the same position invites reclassification as a permanent contract by the courts, with financial consequences. Exact rules depend on each country's law and sometimes on the collective agreement: if the need is lasting, a permanent contract is what is needed.
What exactly is the probation period for?
It lets the employer check that the employee fits the role, and the employee check that the role suits them — a mutual validation. During this period, each side can end the contract more easily, but not without rules: termination must be neither discriminatory nor abusive. Length and terms depend on the contract, local law and the agreement. Well used, with milestone reviews, it is a genuine tool to secure hiring.
Amira must fill a lasting need at reception. Which contract should she suggest first?