How to hire in France through an EOR

In France, you can't just hire someone on a handshake. The law is strict about what contracts must include, how long they can run, and what happens if you get it wrong. Most companies use permanent contracts (CDI), but fixed-term contracts (CDD) have their place if you follow the rules. Misclassify a worker or leave out required contract terms, and you're looking at significant fines, back taxes, and damages.

Contract types and when to use them

The permanent contract (CDI, or contrat de travail à durée indéterminée) is the default in France. About 75% of employees work under CDI contracts. It has no end date, and it can only be ended for genuine cause: dismissal, resignation, or mutual agreement. This is what you'll use for most hires.

Fixed-term contracts (CDD) are for specific, temporary needs. You can only use them in defined situations: covering for an absent employee, seasonal work, a temporary increase in activity, or bridging before a permanent position opens. The law limits how long they can last and how many times you can renew them.

One important rule: if you hire someone on a CDD and keep renewing it without a legitimate reason, French courts will convert it to a CDI. Don't use fixed-term contracts as a way to sidestep permanent employment obligations.

What the law requires in your contract

French law requires employment contracts to be in writing. Oral contracts are automatically treated as permanent, full-time CDIs, regardless of what you intended. You must give the employee their contract within two working days of their start date.

Your contract must include the job title, workplace location, salary, working hours (weekly or monthly), and the reason for a CDD if applicable. For fixed-term contracts, you also need start and end dates, any trial period length, the name of the person being replaced if relevant, and renewal clauses where applicable.

There's no legal requirement to write contracts in French, but in practice, use French or make sure the employee fully understands the language used. Courts will interpret any ambiguities against the employer.

Probation periods are allowed but they're not automatic. If you want one, it has to be written into the contract. Typical lengths are 2 to 3 months for standard roles. During probation, either party can end the contract with shorter notice, but you still need a valid reason to do so.

Contractor vs. employee and why it matters

France doesn't have a straightforward "independent contractor" category like some countries do. The legal test looks at control and subordination. If you direct someone's work, set their hours, provide their tools, and they work exclusively for you, they're an employee under French law, regardless of what the contract says. Misclassifying an employee as a contractor creates serious liability.

Penalties for misclassification include back taxes and social contributions (both employer and employee portions), fines of up to €5,000 per worker, and damages awarded to the worker. If the worker sues, you may also owe unpaid wages and benefits going back to the start of the relationship.

Non-compete clauses are enforceable in France but must be reasonable in scope, duration, and geography. Courts look at them closely. Intellectual property assignment clauses are standard and enforceable if clearly stated in the contract, but they only cover work created as part of the job, not any IP the employee brings with them.

France has some of the most generous statutory leave in Europe, but there's a real gap between what the law requires and what employees actually expect. If you want to attract strong candidates, you need to understand both.

Annual leave: the numbers

Every employee in France gets 30 working days of paid leave per year, which works out to 2.5 days per month of actual work. That's five weeks, more than most countries offer. The accrual period runs from June 1 to May 31, so leave earned during that window can be taken from June 1 of the following year.

Here's what trips people up: "actual work" doesn't include sick leave, strikes, parental leave, or other absences. If someone takes three months of parental leave, they only accrue leave for the nine months they actually worked. Fractional days round up, so 7 months of work equals 17.5 days, rounded to 18.

Employees must take a minimum of two weeks during the main leave period (May 1 to October 31), typically in July or August. If they take fewer than four weeks during this window, they get bonus days: one extra day if they take 3 to 5 days outside the period, two extra days if they take six or more.

Unused leave carries over automatically and must be paid out when someone leaves. That's non-negotiable.

Public holidays

Public holidays are separate from annual leave. Employees get both.

All leave types

RTT is worth explaining. If someone works more than 35 hours per week, they earn extra days off as compensation. The exact number depends on their contract and how many extra hours they work. It's not optional; it's legally required if they exceed the standard week.

Mandatory benefits

Employers must contribute to social security, which covers healthcare, disability, unemployment, and pensions. The employer's share is roughly 42% of gross salary, while employees pay about 8%. This is automatic and non-negotiable.

Health insurance is covered through the public system (Sécurité Sociale), but many employers also offer supplemental private health insurance. For professional roles, candidates increasingly expect it. Pension contributions are mandatory, and employers contribute to both the public system and often to additional occupational pensions.

Meal vouchers (tickets restaurant) are common in larger companies and are tax-advantaged for both sides. Transport allowances for commuting are also standard in many sectors. Neither is legally required, but they're widespread enough that candidates often factor them into their decision.

The expectation gap

The legal minimum, including 30 days of leave, statutory benefits, and RTT, is genuinely competitive. But local talent expects more. Remote work flexibility, even partial, is now standard for knowledge work. Private health insurance that covers dental and vision is close to expected. Some companies offer additional leave beyond the legal minimum, particularly for senior roles.

If you're hiring in France and only offering the statutory minimum, you'll find it harder to compete. Candidates compare offers against what their peers are getting, and the market has moved beyond what the law requires. Budget for supplemental benefits if you want your offer to hold up.

Letting someone go in France requires following the right steps and having solid documentation. Courts tend to side with employees, and damages for unfair dismissal typically run between 3 and 20 months' salary. It's one of the most employee-protective systems in Europe, so it pays to get this right.

Terminating employment

You need a genuine and serious reason to dismiss someone. Personal grounds include misconduct, poor performance, or professional inadequacy, and you'll need evidence like prior written warnings to back it up. Economic grounds require demonstrable company difficulties, technological changes, reorganisation, or closure, plus proof that redeployment isn't possible.

Unfair dismissal happens when there's no real cause, or when you make procedural mistakes like skipping required consultations or sending vague termination letters. Courts want written justification that's specific and provable. Employees with 8 or more months of service are entitled to legal severance even in valid dismissals, but unfair ones trigger additional damages on top of that.

Certain categories of employees have extra protection: pregnant workers, union representatives, whistleblowers, and those on sick leave. Dismissing anyone in these groups without additional justification carries real risk. Mutual consent terminations are increasingly common, but expect closer scrutiny and higher associated costs from 2026 onwards.

For collective redundancies of 10 or more in companies with 50 or more employees, you must consult the works council and put a job protection plan in place. Smaller companies need to inform staff representatives. Skip this step and courts can void the dismissal entirely.

Notice periods

Notice starts from the date of the dismissal letter. Employees also serve notice when they resign. The length depends on tenure and role, and white-collar employees often have notice periods double those of blue-collar workers.

Executives can have notice periods of up to 6 months. You can pay in lieu of notice rather than requiring the employee to work out the period.

Severance

Severance pay is mandatory for employees with 8 or more months of tenure, as long as the dismissal isn't for gross misconduct. What's listed here is the legal minimum; collective agreements often require more.

The standard calculation is 1/4 of monthly salary per year of service, rising to 1/3 per full year after 10 years in some cases. Partial years are prorated, and gross salary includes bonuses.

There's no cap on the legal severance amount, though courts do limit unfair dismissal damages based on tenure and company size. Mutual terminations follow the same formula. From January 2026, employer social contributions on severance payments increase from 30% to 40%, so factor that into your cost planning.

Work permits and visas

You can hire foreign nationals through an EOR, but they need valid work authorisation before they start. EORs don't sponsor visas directly; the employee applies, usually with your job offer as supporting documentation. EU, EEA, and Swiss citizens can work in France without a permit.

The main visa categories are: salaried employee visa for skilled roles (valid 1 to 4 years), talent passport for highly skilled workers and researchers (4 years, renewable), and intra-company transfer (up to 3 years). Key requirements include a job offer, a qualifications match, and a salary of at least 1.8 times the minimum wage.

Processing typically takes 1 to 3 months. The employee applies through the French consulate or online after arriving in France. There's no digital nomad visa yet, though short-stay options allow remote work for up to 90 days. If you're hiring highly skilled non-EU workers, check whether the role qualifies for the EU Blue Card, which has a simplified application process.

A few other things worth knowing

France follows GDPR and has additional local data protection rules on top of it. You'll need explicit consent for processing employee data, and you may need to appoint a Data Protection Officer depending on your organisation's size and activities. Fines for breaches can reach 4% of global annual turnover.

Trade unions carry real weight in France, with 5 major unions negotiating at a national level. Companies with 50 or more employees must have a works council (CSE), which has to be consulted on layoffs, pay changes, and working hours. Collective bargaining agreements apply in around 90% of sectors and typically set better terms than the legal minimums on pay, leave, and notice.

A few regulatory changes are coming that are worth planning for. From June 2026, penalties for undeclared work increase by 35%, which directly affects EOR users if compliance isn't airtight. From September 2026, medical leave stoppages are capped at one month or more. Platform worker rules expected by December 2026 could reclassify some gig workers as employees. If your company has more than 300 staff, you'll also need a senior employment strategy in place.