Contrat de Sous-Traitance À Durée Indéterminée Template for France

A Contrat de Sous-Traitance À Durée Indéterminée is a French indefinite-term subcontracting agreement that establishes an ongoing business relationship between a main contractor and a subcontractor. This contract allows you to delegate specific tasks, services, or portions of work to an independent third party while maintaining control over the final deliverables and ensuring compliance with French commercial law.

When do you need this document?

You need this contract when establishing a long-term subcontracting relationship that doesn't have a predetermined end date. This is particularly useful for ongoing services like IT support, maintenance work, manufacturing components, or professional services where the business relationship is expected to continue indefinitely. Unlike fixed-term contracts, this agreement provides flexibility to adapt the scope of work while maintaining a stable legal framework. It's essential when you want to avoid the administrative burden of repeatedly renewing short-term contracts while ensuring both parties have clear termination rights.

Key legal considerations

Several critical clauses must be carefully structured to protect your interests. The identification of parties must include complete corporate details, SIRET numbers, and legal representatives to ensure enforceability. The scope of work description should be precise yet flexible enough to accommodate reasonable variations in services. Financial terms must clearly specify payment schedules, invoicing procedures, and any penalty clauses for late payments. Confidentiality and non-compete clauses require careful drafting to be enforceable under French law. Liability limitations and insurance requirements should be proportionate and legally compliant. The termination clause must respect notice periods and specify conditions for immediate termination, such as breach of contract or insolvency.

Legal requirements in France

French law imposes specific obligations under Loi n° 75-1334 du 31 décembre 1975 and the Code du travail. The contract must clearly distinguish the subcontractor as an independent entity, not an employee, to avoid reclassification issues. Payment terms must comply with French commercial law, typically requiring payment within 30 to 60 days unless otherwise agreed. The subcontractor must provide proof of professional insurance and social security compliance. Anti-corruption clauses may be required for certain sectors. The contract should specify applicable French jurisdiction and include dispute resolution mechanisms. If the subcontractor employs workers on your premises, additional safety and coordination obligations apply under the Code du travail. Termination procedures must respect the principle of reasonable notice unless justified by serious breach, and any restrictive covenants must be proportionate, limited in time and geography, and essential to protecting legitimate business interests.