The open-ended employment contract (or CDI) is the normal form of employment contract between an employer and an employee, and has no fixed term. Employers must therefore use this type of contract unless they can prove that they are in a situation allowing another type of contract (fixed term contract, interim employee supply contract).
The contract may be concluded in writing or it may be the result of a verbal agreement between the employer and the employee for full-time open-ended employment contracts (unless specified otherwise by the provisions of law or branch agreements). However, the employer must inform the employee in writing of the essential points of the employment relationship: the identity of the two parties, the place of work, the position to be taken up and the pay.
The probationary period that is often provided for by branch agreement is contained in a specific clause of the contract. It is only valid if it is put in writing, and if the principle and the duration of the said period are set as soon as the employee is recruited.
The parties are free to include any clauses on which they agree in the contract, except for those contrary to the mandatory provisions of the laws and regulations (discrimination clauses, for example) and to those of the branch agreement applicable to the company.
Characterised as they are by the fact that they do not have a defined term, an open-ended contract may be terminated either at the wish of one of the parties (redundancy, resignation, retirement...), by agreement between the parties or for reasons of force majeure.
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