Can an employment contract be modified after signing?

Published on
November 24, 2023
Can an employment contract be modified after signing?

The employment contract is a written or digital document outlining the terms of an employee’s professional engagement with a company. Once signed, the contract acquires legal value and officially marks the start of the collaboration between both parties. However, exceptional circumstances—such as company restructuring, economic difficulties, or personal reasons—may lead the employer and employee to review the contract’s terms. In such cases, several legal obligations must be respected. Using a digital contract signing tool helps optimize contract management and reduce the risk of non-compliance.

What is an employment contract?

Definition of the employment contract

An employment contract is a written agreement between an employer and an employee. It defines the working conditions, as well as the rights and responsibilities of both parties. Once signed, the document holds legal value and serves as a basis for resolving disputes. The contract can be issued in paper or digital format; in the latter case, both the employee and employer affix a digital signature. The contract must be prepared, reviewed, and signed by the employee before the professional activity begins, although in some cases a 48‑hour delay is permitted.

Types and essential elements

There are various types of employment contracts, including:

  • permanent contracts (CDI)
  • fixed-term contracts (CDD)
  • temporary work or agency contracts (CTT)
  • work-study contracts
  • apprenticeship contracts
  • professionalization contracts
  • single insertion contracts (CUI) or future contracts
  • seasonal contracts

The role of the employment contract is to define the scope and nature of the professional relationship between an employer and an employee. Therefore, it must include several mandatory details such as:

  • the nature of the work
  • the location where the activity is performed
  • the working conditions
  • the remuneration
  • the working hours
  • the effective start date of the contract
  • the contact details of both the employee and the company
  • the trial period and conditions for renewal
  • leave regulations
  • a confidentiality clause (depending on the sector)

These elements may vary according to the type of contract.

The signing of the employment contract

Signing obligations

The employment contract outlines the employee’s duties within a company and protects both parties in the event of a dispute. Its signature serves as an expression of consent, which is why signing is mandatory in the vast majority of cases. Only full‑time permanent contracts are an exception; in that particular case, the Labor Code does not require a signature. Nonetheless, it is strongly advised to sign the document to avoid potential legal complications. For other types of contracts—such as fixed‑term, temporary, or apprenticeship contracts—the signature is compulsory as it confers legal validity on the agreement. Failure to comply with this obligation may result in administrative sanctions for the company and difficulties for the employee in asserting their rights.

Legal deadlines for signing

Ideally, the contract should be signed before the commencement of professional activity. The signing deadline varies by contract type:

  • Full‑time permanent contracts: Although no specific deadline is imposed by law, the employer should adhere to a reasonable timeframe of at least 2 days before the start date.
  • Fixed‑term and temporary contracts: The company is obliged to provide the contract to the employee no later than 2 days after hiring.
  • Apprenticeship contracts: The contract must be signed by both the apprentice and the company before the professional activity begins.

Consequences of an unsigned employment contract

The absence of a signature on an employment contract can have repercussions for both parties:

  • For the employee: In cases of disputes or non‑compliance with the agreed remuneration, working hours, or job responsibilities, the employee may struggle to prove any abuse by the company. The contract, which typically serves as the legal basis for resolving conflicts, becomes obsolete and cannot be used to settle disputes.
  • For the employer: The company may face administrative sanctions, fines, or other disciplinary measures that could damage its reputation and operational efficiency.

Modifying the employment contract after signing

Mutual modifications

Once signed, the employment contract is considered an immutable agreement between the employer and the employee, with its terms defining the legal framework of the professional relationship. However, exceptions exist. The contract can be modified if both parties mutually agree to the changes. Such modifications—whether adjustments to remuneration, working hours, or responsibilities—must be clearly documented in writing and signed by both parties to prevent any future disputes.

Employer-initiated modifications

In certain cases, the employer may attempt to modify the contract without the employee’s formal consent. These changes must be justified by objective reasons, such as economic issues, organizational restructuring, or production requirements. The employer is required to follow a strict procedure, including consulting and informing the employee. Under no circumstances should these changes be abusive; for example, a significant reduction in remuneration or a major alteration in working conditions without valid justification can be contested before the appropriate authorities.

Consequences of unauthorized modifications

If the employer modifies the contract without obtaining prior agreement from the employee, several consequences may follow:

  • The employee has the right to challenge any significant modification in court if the change is deemed unjustified or abusive.
  • The employee may refuse to comply with the new clause, such as a change in working hours or location, which can lead to operational difficulties for the employer.

Cancellation of the employment contract

Ways to cancel the contract

It is also possible to cancel an employment contract, provided that certain rules are followed:

  • Conventional termination: In a mutually agreed termination, both the employer and the employee consent to ending the contract.
  • During the trial period: Either party may terminate the contract without providing a reason, as specified in the contract’s conditions and duration.
  • Serious misconduct: The contract may be canceled if the employee commits a grave offense. However, the nature of the misconduct must be clearly established, as it can significantly impact the employee’s rights and compensation.
  • Dismissal: The employer may dismiss an employee for various reasons, provided that legal procedures are followed and there is a valid, serious cause to justify the decision.

Conclusion

The employment contract structures the collaboration between an employee and a company by defining the nature of the work, remuneration, and working hours. It is possible to modify the terms of the contract provided that all legal requirements are observed. Any change must be approved by the employee—except in exceptional circumstances such as economic difficulties faced by the company. Failure to adhere to the prescribed modification procedures may expose the employer to financial sanctions.