The full-time CDI (permanent contract) still does not require a written contract under French law. However, this freedom of form no longer exempts anything since Ordinance No. 2023-388 of May 24, 2023, and its implementing decree No. 2023-1307 of December 28, 2023. A broader base of information must now be provided in writing to the employee, either in the contract itself or in an annexed document, within strict deadlines.
Drafting a CDI employment contract model without incorporating these new obligations exposes the employer to avoidable disputes.
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Post-2023 Information Obligations and Impact on CDI Drafting
The transposition of the European directive on transparent working conditions has profoundly changed the minimum expected content of a written CDI. Before 2023, a contract could be limited to the classic mentions (identity of the parties, position, remuneration, working hours). Now, the employer must provide in writing information such as the procedure for terminating the contract, applicable collective agreements and accords, or the social protection organizations collecting contributions.
We recommend integrating these elements directly into the body of the contract rather than in a separate document. An autonomous contract reduces the risk of loss or non-delivery of the supplementary document. It also simplifies proof in case of labor disputes.
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The deadlines for providing information vary depending on the nature of the information: some must be communicated on the first day of work, others within seven days or one month. A well-designed model covers everything from the signature, which avoids managing a staggered delivery schedule. Download a structured CDI employment contract model that already meets these requirements to save real time on compliance.
Telework Clauses in the CDI: What Jurisprudence Expects
The mention of the workplace has always been included in contract models. It is no longer sufficient. Since the generalization of remote work, doctrine and jurisprudence expect specific clauses when the employee performs all or part of their activity outside the company’s premises.
A CDI that merely states “workplace: Paris” while the employee teleworks three days a week creates ambiguity on several points:
- The coverage of professional expenses related to telework (internet subscription, electricity, furniture) – in the absence of a clause, the employee may claim reimbursement on an unregulated basis
- The conditions for returning to the office at the employer’s initiative, which require a notice period if telework is contractualized and not simply granted by charter
- The monitoring of remote working hours, which must respect the right to disconnect and the rules on maximum daily duration
- The authorized execution locations (main residence, secondary residence, third places, coworking), which determine in particular the coverage for work-related accidents
Contractualizing telework in the CDI rather than in a unilateral charter protects both parties. The employee has a guarantee that the organization will not be changed without an amendment. The employer secures the terms of control and reversibility.
High-Stakes Optional Clauses: Non-Competition, Exclusivity, Mobility
The mandatory mentions form the foundation. The optional clauses determine the strength of the contract in the face of conflicting situations. Three of them deserve particularly careful drafting.
Non-Competition Clause
To be valid, it must meet four conditions: be limited in time, in space, to a specific activity, and provide for a financial compensation paid after the termination of the contract. The absence of compensation renders the clause null. We still regularly observe models that fail to specify the amount or the terms of payment for this compensatory indemnity.
Exclusivity Clause
This prohibits the employee from engaging in another professional activity, whether salaried or not. Its validity requires that it be justified by the nature of the task to be performed and proportionate to the intended purpose. A standard CDI for an administrative position generally does not justify such a restriction. Moreover, the clause is unenforceable during the first year for employees who are business creators or acquirers.
Mobility Clause
This allows the employer to change the workplace without an amendment. Its drafting must precisely define the geographical area concerned. A vague clause (“throughout the national territory”) risks being deemed disproportionate by the courts.
Collective Agreement and Interaction with the CDI
The employment contract is not written in isolation. The applicable collective agreement takes precedence over the contract for any provision more favorable to the employee. Ignoring this principle leads to unenforceable clauses or, worse, to unintentional commitments by the employer.
Some agreements impose additional mandatory mentions: classification, coefficient, minimum wage scale, duration of the probationary period capped below the legal maximum. Using a generic model without checking the applicable branch agreement is a common mistake. The contract must mention the exact title of the collective agreement and its IDCC number.
When an agreement provides for a probationary period shorter than the legal ceiling, it is the contractual duration that applies, even if the contract stipulates the legal duration. The contractual clause will simply be deemed unwritten on this point.
Probationary Period and Renewal: Recurring Pitfalls of the CDI
The maximum legal duration of the probationary period varies according to the professional category of the employee. Renewal is only possible if an extended branch agreement expressly provides for it and if the employment contract mentions it. Without these two cumulative conditions, any extension is null.
We recommend never drafting the probationary period clause without checking three points: the maximum duration provided by the applicable collective agreement, the existence or not of a branch agreement allowing renewal, and the notice period in case of termination during the probation (which varies according to the employee’s length of service).
An effective CDI contract model is not the one that piles on the most clauses. It is the one that correctly articulates the legal, conventional, and contractual sources while covering the concrete situations of the employment relationship, including telework and mobility. Compliance with the information obligations arising from the 2023 ordinance is no longer optional, even for a full-time CDI concluded verbally.