French Employment Law 2026: Essential Guide for Expats and Workers

Overview of French Employment Law

France has one of the most protective labour law systems in Europe. The Code du travail (Labour Code) governs nearly every aspect of the employer-employee relationship, from hiring to termination. Whether you are an expat starting a new role or an international worker relocating to France, understanding these rules is essential to protect your rights and avoid legal pitfalls.

French employment law applies to all workers on French territory, regardless of nationality, as established by Article L.1221-1 of the Code du travail. This means that even if your employer is a foreign company, French labour protections apply if you work in France.

Types of Employment Contracts: CDI vs CDD

CDI — Contrat à Durée Indéterminée (Permanent Contract)

The CDI is the default and most common form of employment contract in France. Under Article L.1221-2 of the Code du travail, a CDI is presumed unless the employer can justify using a fixed-term contract. It provides the highest level of job security: the employer must follow strict procedures and demonstrate a valid reason (cause réelle et sérieuse) to terminate the contract.

Key features of a CDI include:

• No predetermined end date
• Full access to social security benefits, unemployment insurance, and retirement contributions
• A trial period (période d'essai) of up to 2 months for workers, 3 months for supervisors, and 4 months for executives, renewable once (Article L.1221-19)
• Eligibility for severance pay (indemnité de licenciement) after 8 months of service

CDD — Contrat à Durée Déterminée (Fixed-Term Contract)

A CDD is strictly regulated under Articles L.1242-1 to L.1242-4. An employer can only use a CDD for specific, temporary reasons:

• Replacing an absent employee
• Temporary increase in activity
• Seasonal work
• Specific projects with a defined end

A CDD can last a maximum of 18 months (including renewals), and an employee on a CDD receives a 10% end-of-contract bonus (prime de précarité) as compensation for job insecurity (Article L.1243-8).

Working Hours: The 35-Hour Week and RTT

France is famous for its 35-hour workweek, established by the Loi Aubry of 2000 and codified in Article L.3121-27 of the Code du travail. This is the legal threshold beyond which hours are considered overtime.

Key rules about working time:

• Maximum daily hours: 10 hours (Article L.3121-18), extendable to 12 by collective agreement
• Maximum weekly hours: 48 hours in any single week, and 44 hours averaged over 12 weeks (Articles L.3121-20 and L.3121-22)
• Overtime pay: 25% premium for the first 8 hours above 35, then 50% for subsequent hours (Article L.3121-36)
• Annual overtime cap: 220 hours per year by default

RTT — Réduction du Temps de Travail

RTT days are additional days off granted to employees who work more than 35 hours per week under a forfait (lump-sum hours) arrangement. If your contract specifies 39 hours per week, for example, you typically receive around 20-23 RTT days per year to compensate for the extra hours. The exact number depends on your company's collective agreement (convention collective).

Paid Leave: 5 Weeks Minimum

Under Article L.3141-3 of the Code du travail, every employee accrues 2.5 working days of paid leave per month, totalling 30 working days (5 weeks) per year. This is a legal minimum — many collective agreements grant additional days.

Important rules about congés payés:

• The main holiday must include at least 12 consecutive working days taken between 1 May and 31 October (Article L.3141-13)
• The employer cannot refuse leave but can determine the scheduling period
• Unused leave does not automatically carry over — check your collective agreement for carry-over provisions
• Public holidays (jours fériés): France has 11 public holidays per year; only 1 May is a mandatory paid day off (Article L.3133-4)

Dismissal Protections

French law provides strong protections against unfair dismissal. Under Article L.1232-1, any dismissal must be based on a cause réelle et sérieuse (genuine and serious reason). There are two main categories:

Personal Dismissal (Licenciement pour motif personnel)

This relates to the employee's conduct or capacity, including:

• Serious misconduct (faute grave): theft, harassment, insubordination — no notice period or severance
• Gross misconduct (faute lourde): intentional harm to the employer — no severance, no notice
• Insufficient performance: must be objectively documented over a reasonable period

Economic Dismissal (Licenciement économique)

Governed by Articles L.1233-1 to L.1233-91, economic dismissal requires proof of genuine economic difficulties, technological changes, or business reorganisation. Additional safeguards apply:

• Employer must attempt reclassification within the company or group
• For 10+ dismissals within 30 days, a Plan de Sauvegarde de l'Emploi (PSE) is mandatory
• The CSE (works council) must be consulted

Mandatory Dismissal Procedure

Regardless of the reason, the employer must follow a strict procedure (Articles L.1232-2 to L.1232-6):

• Send a convocation letter for a preliminary meeting (entretien préalable), with at least 5 working days notice
• Hold the meeting, during which the employee may be assisted
• Wait at least 2 working days after the meeting before sending the dismissal letter
• Send the dismissal letter by registered mail with acknowledgement of receipt

Minimum Wage: The SMIC

The SMIC (Salaire Minimum Interprofessionnel de Croissance) is revised annually. As of 2026, the gross SMIC is approximately EUR 1,801 per month for a full-time position (35 hours/week). Employers paying below the SMIC face criminal penalties under Article R.3233-1.

How DroitAI Can Help

DroitAI's AI legal assistant can help you understand your employment contract, calculate your severance pay using our dedicated calculator, and assess whether a dismissal is lawful under French law. Simply describe your work situation and get guidance grounded in the Code du travail.