Avenant CDD En CDI Periode D'Essai Template for France

When transforming a fixed-term contract (CDD) into a permanent contract (CDI) in France, you need a formal amendment that establishes new employment terms while incorporating a probationary period. This legal document ensures compliance with French labor law while protecting both employer and employee interests during the transition to permanent employment.

When do you need this document?

You'll require this amendment when your employer wishes to convert your temporary contract into a permanent position. This commonly occurs when businesses want to retain valuable employees beyond their initial fixed-term period, when project-based work evolves into ongoing responsibilities, or when temporary staffing needs become permanent operational requirements. The document becomes essential when both parties agree to continue the employment relationship on a long-term basis but need to establish new contractual terms appropriate for permanent employment, including a fresh probationary period to evaluate performance in the new context.

Key legal considerations

The amendment must clearly specify the transformation date, new employment terms, and probationary period conditions. Under French law, the duration of any previous CDD cannot count toward reducing the new CDI probationary period, making this a fresh evaluation phase. You should ensure the document includes comprehensive job description details, updated salary and benefits information, and clear probationary period terms including duration and termination conditions. The amendment must reference the original CDD to establish continuity while distinguishing the new contractual relationship. Both parties retain rights to terminate during the probationary period with appropriate notice as defined by law, and any specific industry conventions or collective bargaining agreements must be incorporated into the new terms.

Legal requirements in France

French labor law under the Code du travail strictly regulates this type of contract transformation. Article L1243-11 governs CDD to CDI conversions, while Article L1221-19 defines probationary period regulations for permanent contracts. The probationary period duration cannot exceed legal maximums: two months for employees, three months for supervisors and technicians, and four months for executives. Article L1221-23 allows for one renewal of the probationary period under specific conditions. The document must comply with Article L1242-12 regarding mandatory contract content and modification procedures. Notice periods during probation are regulated by Article L1221-25, requiring 24 hours notice during the first eight days, then 48 hours notice thereafter for the first month, and two weeks notice after one month. All amendments must be written, signed by both parties, and may require works council consultation depending on company size and circumstances.