Published on July 30, 2014 – Updated on December 03, 2015
All about cdi
The open-ended contract is the generic employment contract. It is concluded between two people, the employer and the employee, for an indefinite period of time. It obeys a certain formalism, both in its conclusion and in its termination, in order to best guarantee the rights of the employee.
What does the employment contract contain?
Although no writing is required by law, in practice the employer almost always sign an employment contract to his employee. In the contract are the mentions following:
- function that the employee will occupy in the company;
- workplace ;
- working time ;
- remuneration ;
- paid vacation ;
- duration of the trial period;
- notice period in the event of breach of contract;
- various clauses can be added: non-competition, non-disclosure of working methods, prohibition to mention details related to the company’s activity on social networks, etc.
In the absence of a contract, the employee is entitled to ask his employer for a copy of the pre-employment statement.
Can the CDI be changed?
At the end of the trial period, the contract becomes final. The starting conditions agreed to by both parties are subject to change. We distinguish three types of changes :
- the change of working conditions : new distribution of working hours, new task assigned to the employee, transfer of the head office, etc. The employee cannot in principle oppose it, under penalty of risking dismissal;
- the personal motives : working time, remuneration, nature of the position, etc. The employee must give his express consent in writing. He cannot be forced to do so by his employer;
- the economic reasons, when the company encounters financial difficulties. The employee can refuse changes to his working conditions. In this case, he is exposed to economic dismissal.
Under what conditions does the CDI end?
The CDI is broken in the following cases:
- contractual rupture: the two parties separate amicably;
- resignation of the employee;
- voluntary retirement decided by the employee;
- dismissal for personal reasons: the employee has committed a fault;
- dismissal for economic reasons: the company is in serious difficulty;
- compulsory retirement by the employer;
- force majeure: fire, flood, etc.
The termination of the contract is accompanied by the handing over to the employee of three documents: a work certificate, a received for final settlement and a certificate for Pôle emploi.
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