The signing of an employment contract that meets legal standards is essential for starting a new professional collaboration. Beyond establishing an agreement and practical measures—such as using digital tools for signing—there are 4 conditions that must be met to ensure a contract’s validity and avoid legal issues.
For a contract to be concluded, both the employer and the future employee must give their free and informed consent. This means each party must willingly agree to the terms without coercion or deception.
There are different defects in consent:
To obtain valid consent, it is important to discuss and document details such as:
Both parties must have the legal capacity to contract. The employer may be a natural or legal person, while the employee must be an individual capable of contracting.
Minors (under 18) generally cannot sign a contract unless they are legally emancipated. In France, employment is permitted from age 16, but a legal guardian’s authorization is required, and many risky professions remain prohibited for minors.
The contract must have a definite object. For the employer, this is the employee’s remuneration; for the employee, it is the performance of the agreed work. The object must be determined at the time of contracting or be determinable through clear, objective criteria set out in the contract.
The reason for establishing the contract must be lawful and conform to legal standards. The work expected and the agreed remuneration must not conflict with public order, good morals, or mandatory legal provisions.
Since 2016, the 3rd and 4th conditions have been combined into a single requirement—“lawful and certain content”—as stated in Article 1128 of the Civil Code. This does not alter the substance of the conditions, which remain essential.
An employment contract is only valid if all four conditions are met. If any condition is lacking, the contract is deemed null and void. In such cases, the contract may be annulled in whole or in part, with each party required to return what was received, restoring the pre-contractual state.
If declared null, the employment relationship ends immediately, with the employer liable for due wages and benefits. Labor courts may also award damages, and the employer must provide all work-related documents (work certificate, final settlement receipt, pay slips) for the period worked.
