Notice period in France

Q: How much notice must employees give before resigning in France?

For an Open-ended contract (CDI) : During the probation period the minimum notice period is: 24 hours’ notice, where the employee has worked less than 8 days of their probation period ; 48 hours’ notice, where the employee has worked more than 8 days of their probation period. After the probation period, the minimum notice period is 3 months However, the notice period may be stipulated in the collective bargaining agreement applicable to the company, or in the employment contract, and may provide for shorter notice than conventional notice, but not longer. For a fixed-term contract (CDD) : The standard notice is 1 day per week of the total duration of the employment agreement. However, it is not a resignation, but an authorized early termination of a CSD. In addition, an employee can terminate a fixed-term contract unilaterally if another employer offers that employee an indefinite-term employment contract. Please note: there are special rules for the Alsace-Moselle region – contact us for a free consultation for your hiring project.

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What is the minimum notice period when resigning in France?

For an Open-ended contract (CDI):

During the probation period the minimum notice period is:

24 hours’ notice, where the employee has worked less than 8 days of their probation period ;
48 hours’ notice, where the employee has worked more than 8 days of their probation period.

After the probation period, the minimum notice period is 3 months

However, the notice period may be stipulated in the collective bargaining agreement applicable to the company, or in the employment contract, and may provide for shorter notice than conventional notice, but not longer.

For a fixed-term contract (CDD):

The standard notice is 1 day per week of the total duration of the employment agreement. However, it is not a resignation, but an authorized early termination of a CSD.

Please note: there are special rules for the Alsace-Moselle region – contact us for a free consultation for your hiring project.

Video: Dismissing employees

What are the consequences of an insufficient notice period in France?

An employee may always request to be released from his/her notice period. If the employer agrees, the employee will no longer be an employee as of the employer’s consent. The employee will not be entitled to receive his/her salary for the portion of the notice period they have been released from working.

If upon the employer’s refusal of this request, the employee chooses not to work during the notice period or to work for only part of the notice period, the employer may sue the employee for compensatory damages.

For the employer, the notice period is set by the applicable collective bargaining agreement and the Labour Code, and generally lasts between one and three months. The contract may be terminated without notice in the event of gross misconduct or intentional misconduct. The consequences of not adhering to the required notice period or other termination requirements could result in damages being claimed by the employee.

Navigating employee terminations and handling severance packages can be complicated for companies expanding overseas for the first time. Horizons’ France PEO can mitigate risk for foreign companies and provide guidance through this process.

Is it possible to reduce the notice period in France under exceptional circumstances?

In some cases, the notice period does not have to be observed. For example:

If the employer voluntarily waives the notice period. In this case, the employee will receive a payment in lieu of notice equal to the salary they would have received had they worked through the notice period.
If the employee asks their employer to waive the notice period and the latter agrees. In this case, the employee will not receive a payment in lieu of notice.
If the collective agreement applicable to the company exempts resigning employees from observing the notice period.
In the event of resignation during pregnancy or for the purpose of raising a child.
In the event of resignation following business start-up leave.

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FAQs

How much notice must employees give before resigning in France?

For an Open-ended contract (CDI):

During the probation period the minimum notice period is:

24 hours’ notice, where the employee has worked less than 8 days of their probation period ;
48 hours’ notice, where the employee has worked more than 8 days of their probation period.

After the probation period, the minimum notice period is 3 months

For a fixed-term contract (CDD):

The standard notice is 1 day per week of the total duration of the employment agreement. However, it is not a resignation, but an authorized early termination of a CSD.

In addition, an employee can terminate a fixed-term contract unilaterally if another employer offers that employee an indefinite-term employment contract.

Please note: there are special rules for the Alsace-Moselle region – contact us for a free consultation for your hiring project.

How much notice must employers give before terminating employment in France?

For a Permanent Contract (CDI) the notice that must be given by employers during the probation period is:

Less than 8 days probation: 24 hours’ notice ;
8 days to 1 month: 48 hours’ notice ;
1- 3 months: 2 weeks’ notice ;
More than 3 months: 1 month notice ;

After the probation period, it is 3 months’ notice.

For a Fixed Term Contact (CDD), the notice that must be given by employers is 1 day per week of total duration of the employment contract

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