An employment contract is a legal agreement between an employee and an employer. It establishes the terms of employment, outlines the tasks to be performed, and details the compensation. The contract may be signed in person or remotely through electronic signature software, depending on the type of contract (fixed-term, permanent, etc.).
An employment contract formalizes the relationship between an employee and an employer. It specifies essential information such as:
This document is fundamental because it officially establishes the employer’s authority over the employee—a key principle in the employment relationship. Moreover, it must comply with current laws and respect workers' rights, ensuring that no clause contradicts public order (which would render it null and void).
For an employment contract to be legally valid, it must meet four essential criteria:
Only individuals who are legally competent can sign a contract. For example, a non-emancipated minor cannot sign without parental or guardian consent. Exceptions exist for minors over 14 during school holidays or for apprentices from the age of 15.
Both parties must agree to the contract voluntarily, without any coercion or undue pressure. If signed under duress or fraud, the contract becomes invalid.
The contract must precisely detail the tasks to be performed, working hours, compensation, and each party’s responsibilities. This clarity prevents any ambiguity in the employment relationship.
All terms of the contract must adhere to current legislation. Any clause that is illegal or contrary to public order will invalidate the contract—for instance, imposing excessively long working hours or discriminatory practices.
The contract can be signed by:
Non-emancipated minors under the age of 16 cannot sign, except in specific situations (for example, during school holidays or within an apprenticeship), in which case parental authorization is required.
To be valid, the contract must include key information such as:
For permanent contracts, additional details might include a notice period, methods for calculating paid leave, and any specific clauses such as non-compete or confidentiality agreements. Fixed-term contracts must clearly state the reason for the fixed duration, the start and end dates, and details about any trial period.
Once signed, the contract imposes obligations on both parties:
An employment contract may be modified only with the agreement of both parties. Any changes (such as adjustments to working hours, workplace location, or salary) must be formalized in an amendment, duly signed by both the employer and the employee. In the event of termination—whether through dismissal, resignation, or the end of a fixed-term contract—specific legal procedures must be followed to ensure compliance.
In summary, an employment contract is a vital document that structures the relationship between an employee and an employer. It protects the rights of both parties and ensures that expectations remain clear and respected throughout the collaboration.
