Step 1
The parties to the employment contract
The employment contract must make it possible to identify the employer. It should show:
- the business name of the employer;
- his address ;
- the name of his legal representative;
- their SIRET and URSSAF numbers.
With regard to the employee, he must mention:
- his first and last names;
- his nationality, and if he is not a national of the European Union, the title authorizing him to work;
- his social security number (if not available, his date and place of birth).
2nd step
The trial period
The employment contract must specify the duration of the trial period. Failing this, the employee is considered to be permanently hired from his 1st day of work.
The trial period :
- cannot exceed 1 month for a CDD;
- varies between 1 and 3 months depending on the qualification of the employee for a CDI. It is, for example, 3 months for a manager.
step 3
The qualification of the employee
The employment contract must include a clause describing the qualification of the employee. It makes it possible to determine the classification of the position according to the grid established by the applicable collective agreement and the minimum remuneration to which the employee is entitled.
The employment contract must mention the applicable collective agreement and its place of consultation.
step 4
Work place
Each model employment contract includes a clause indicating the place of performance of the work. This can be mobile or fixed.
step 5
Hours and duration of work
To draw up an employment contract, you must specify the daily working hours and the weekly or monthly duration of the work.
The method of calculating and invoicing overtime must also be indicated.
The employment contract must indicate the rest periods and the rights to paid leave.
Note: The modification of working hours must be the subject of an amendment to the employment contract.
step 6
Compensation
The employee’s remuneration must be indicated in the employment contract.
To draft an employment contract, you must mention all the elements of remuneration, that is to say:
- basic salary;
- bonuses and gratuities (seniority, exceptional, balance sheet, unsanitary, attendance, 13th month bonuses, etc.);
- benefits in kind, where applicable (the provision of a company car, company accommodation, the allocation of restaurant tickets, etc.).
Our tips:
In the absence of an employment contract, case law considers that the employee is permanently hired from the 1st day of work without a trial period and for an indefinite period. Don’t forget to look into the drafting of your employment contract!