Standard and managerial indefinite-term contracts
Drafting of standard indefinite-term contracts (CDI) and senior-executive contracts, incorporating the essential clauses (duties, remuneration, probationary period, mobility, confidentiality).
→ Employment · Sub-expertise
The employment contract structures the employer-employee relationship and commits the company over the long term: choice of contract type, specific clauses, subsequent amendments. Loose drafting exposes the company to costly disputes. We design bespoke contracts for senior executives, strategic profiles, and specific populations, in line with your HR strategy.
→ What we cover
Drafting of standard indefinite-term contracts (CDI) and senior-executive contracts, incorporating the essential clauses (duties, remuneration, probationary period, mobility, confidentiality).
Implementation of the day-rate arrangement for autonomous executives: validity conditions, monitoring of workload, articulation with collective agreements.
Mobility, non-compete, exclusivity, confidentiality, training-reimbursement, and intellectual-property clauses. Calibration to ensure their validity and enforceability.
Structuring of variable remuneration packages: bonus, commission, profit-sharing (intéressement), statutory profit-sharing (participation), and articulation with shares and BSPCE (founder warrants).
Amendments to the contract (changes to duties, remuneration, place of work), distinction between a modification of the contract and a change in working conditions.
Fixed-term contracts (CDD), assignment contracts, umbrella employment (portage salarial), international contracts, contracts with directors treated as employees. Each case requires a specific analysis.
→ Our approach
01
Analysis of the position, the profile sought, the contractual environment (collective bargaining agreement, company agreements), and the specific features to be incorporated.
02
Drafting of the contract tailored to the situation, with calibrated clauses and articulation with the company's HR policies.
03
Discussions with HR management and the future employee, validation of any negotiated points, signature, and integration into the relevant processes.
04
Advice on subsequent amendments (promotion, mobility, change of remuneration), assistance in the event of difficulty or termination.
→ Who we help
Senior-executive contract incorporating a full remuneration package (fixed, variable, benefits, BSPCE), an indemnified non-compete clause, and a mobility clause.
Roll-out of the day-rate arrangement (forfait jours) for autonomous executives: collective bargaining agreement, company agreement, individual contracts, monitoring of workload.
Drafting of an employment contract for a French employee working abroad or a foreign national working in France: choice of governing law, social security, taxation.
Amendment formalising a change of duties and remuneration, articulated with a reinforced non-compete clause and an increase in variable pay.
→ Q&A
No, but strongly recommended. Its duration is governed by statute and the collective bargaining agreement (often 2 months for workers/employees, 3 months for supervisory staff, 4 months for executives), renewable if the agreement provides for it. Termination during the probationary period is free, subject to a notice period.
To be valid, it must cumulatively meet 5 conditions: protect a legitimate interest, be limited in time, in geographical scope, in the prohibited activity, and provide for financial consideration. A clause without financial consideration, or one that is too broad, is void.
The day-rate arrangement (forfait jours) presupposes genuine autonomy in organising working time (executives or non-executives). It must be provided for by a valid collective agreement, formalised in an amendment or individual contract, and accompanied by effective monitoring of workload. Failing this, it is void.
Any change to an essential element: remuneration, qualification, place of work (outside a valid mobility clause), working hours. It requires the employee's consent. Changes to working conditions (a non-essential sub-element) may be imposed by the employer.
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