Conversión religiosa

See also: TDCI

In France, in Law the labor, a permanent contract (or TDCI ) is the normal form of the Work contract signed between two people: the employer (a Moral person or a tradesman exerting in proper name or a craftsman or a " private individual-employeur") and the employee, without time limit.

Form TDCI

This work contract can be concluded in writing, but can also result from a verbal agreement between the employer and the employee (except contrary provisions legal or conventional). However, the employer must inform in writing the employee of the essential components to the employment relationship. Any employee can ask for a translation of the contract written in his native language. (L121-1 Article of the labor regulation)

As from on July 1st, 1993, pursuant to an European directive of October 14th, 1991, the employer must deliver with the employee, in the two months of the beginning of the employment relationship, a written document, informal agreement or letter of commitment; however, in France, it is considered that the delivery of the pay slips is equivalent to the transposition of the European directive since the materiality of this document contains, necessarily, by obligation of the national legislation, the indications evoked above.

The essential components which compose the work contract are:

- identity of the two parts,

- the employment occupied and defined by reference to a possibly applicable collective agreement,

- the trial period,

- time or contractual remuneration (with mention of the amplitude clarifies fixed price),

and, possibly: - the work place, which can thus not be " substantiel" a fortiori when it is governed by a clause of mobility,

- an commercial objective for certain professional categories,

- a non-competition clause with methods of compensation, lifting, etc,

- a clause of withdrawal-formation;

moreover, even not-written, the obligation of honesty is inherent in any work contract!

Contents

Subject to the penalty clauses or regulated, the TDCI can comprise one or more clauses.

The Trial period, often laid down in the collective agreement, must be inserted in the contract by an explicit clause or a mention returning with the collective agreement, but then it must be established that the employee could take note of the collective protocolar text. Indeed, the trial period exists it only if it is written and known of the employee. It is not supposed and must in its principle and its being duration fixed dice the engagement of the employee.

Moreover, one renewal cannot exist that if it is not contrary with the possible collective agreement and this novation cannot result from a simple unilateral notification of the employer.

The parts are free to make appear in the contract all clauses of which they agreed, except for those which derogate from the provisions of law and order of the laws and payments and from those of the “ collective agreement” applicable to the company, except in a direction more favorable to paid and allowed like such by this one.

Other types of work contract

Contract of mandate NOT a Work contract-->

See too

External bonds

A model of TDCI (full-time) on AVIS-DROIT-SOCIAL.net

the work contract: form, test, CDD, etc, on site JURIST' Prudence

Internal bond

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