Subsection 3: Employment contract

Articles in this section · 2

Article L5134-115

French Labour CodeIn force

Updated 6 Nov 2023

The employment contract associated with a job with a future can be open-ended or fixed-term.

A fixed-term contract is concluded for a period of thirty-six months.

In the event of special circumstances relating either to the situation or career path of the beneficiary, or to the project associated with the job, it may initially be concluded for a shorter period, which may not be less than twelve months.

If it was initially concluded for a duration of less than thirty-six months, it may be extended up to this maximum duration.

Without prejudice to the provisions of article L. 1243-1, it may be terminated at the end of each of the annual periods during which it is in force at the initiative of the employee, subject to two weeks' notice, or of the employer, if there is real and serious cause, subject to one month's notice and compliance with the procedure laid down in article L. 1232-2.

In the case provided for in the last paragraph of article L. 5134-113, the persons mentioned in 1° and 2° of article L. 5134-19-1 may authorise an extension of the contract beyond the maximum duration of thirty-six months, without this extension exceeding the end of the training course concerned.

The beneficiary of a job with a future on a fixed-term contract has priority for recruitment for a period of one year from the end of the contract. The employer will inform the employee of any available jobs that are compatible with his or her qualifications or skills. The employee thus recruited is exempt from the trial period mentioned in article L. 1221-19.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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