2.3. The international employment contract under French law :
If you are already under contract in France and your company sends you abroad, the principle is the same as in the case of secondment: an "expatriation rider" must be added to your employment contract. If you have been recruited to be directly expatriated, you will need to sign an international employment contract, which may be for a fixed or indefinite period. In both cases, all the clauses of the amendment or contract are negotiable. This is what is traditionally called the "package".
The drafting of this text is therefore very important and you must be extremely vigilant. Be aware that several essential information must be included in your contract or in the amendment to your employment contract or the document will be null and void. This information was asked by European Directive No. 91-533 of 14 October 1991 (1) :
- The identity of the employee and the company
- The place of work
- The employee's title, position, job category
- The start date of the contract and its duration (fixed-term or permanent contract) (2)
- The duration of notice periods
- Paid holidays
- The amount and composition of the remuneration, as well as the frequency of payments
- The currency for payment of remuneration
- Working hours (daily or weekly)
- Repatriation conditions.
Notes
- Transposed into French law by Decree No. 94.761 of 31 August 1994, which amends Article R.320-5 of the French Work Code.
- If it is a fixed-term contract and the contract is governed by French law, all the rules in this area apply internationally: reason, duration, trial period, renewal, termination premium).
However, please note that a fixed-term contract abroad can last 24 months, with no possibility of renewal. In France, the plan is limited to 18 months.
