The rules governing notice periods in France are precise and directly tied to contract type, seniority, and sector. For foreign companies employing staff in France, getting these rules right from day one avoids unnecessary complications when a working relationship comes to an end, whether by resignation, dismissal, or expiry of a fixed-term contract.
This guide covers the full picture: standard durations for permanent and fixed-term contracts, reduced notice during probation, garden leave arrangements, and the obligations that apply to both parties throughout the notice period.
What is a notice period (préavis) under French law?
In France, the notice period, called préavis, is the time between the formal notification of contract termination and the employee's last working day. It applies in most cases of contract termination, giving both the employer and the employee time to prepare for the transition.
French law distinguishes two main scenarios: dismissal (licenciement), initiated by the employer, and resignation (démission), initiated by the employee. The direction of the termination affects the duration of the notice period and the obligations that follow.
Legal basis: Labour Code and collective agreements
The Labour Code sets the minimum thresholds for notice periods. However, the applicable collective bargaining agreement (convention collective), determined by the company's sector of activity, can and often does provide for longer durations, particularly for managerial-level employees.
The contract of employment may also stipulate a longer notice period than the legal minimum, provided it is not less favourable to the employee. Understanding which collective agreement applies to your company is therefore a prerequisite for managing any termination correctly. This determination is made at the time of signing the CDI employment contract, and it remains relevant throughout the employment relationship.
Notice period for permanent contracts (CDI)
For open-ended employment contracts (CDI, contrat à durée indéterminée), the Labour Code sets minimum notice periods that increase with seniority (ancienneté). The applicable collective agreement frequently extends these durations, particularly for executive-level (cadre) employees.
Standard legal durations by length of service
The table below reflects the Labour Code's minimum thresholds. Exact durations vary depending on the applicable collective bargaining agreement (convention collective).
To illustrate: a US company employing a French marketing manager on a CDI, after three years of service, would generally need to provide three months' notice in the event of dismissal, or receive three months' notice in the event of resignation (a marketing manager is typically classified as cadre). If the applicable collective agreement provides for a longer period, that longer duration prevails.
Collective agreements: why durations vary
The collective bargaining agreement that applies to your company is determined by your sector of activity, identified through the NAF/APE code registered with French authorities. Each sector has its own agreement, which may define notice periods that go beyond the Labour Code's minimums, sometimes significantly so for managers and senior roles.
A company in the technology sector, for instance, will fall under a different collective agreement than one in retail or construction. Identifying the applicable collective agreement when drafting the employment contract in France is not optional, it is a legal requirement, and it shapes every subsequent HR decision, including notice periods.
Notice period during the probationary period (période d'essai)
The probationary period (période d'essai) operates under a separate regime. Both parties may terminate the contract during this period with a much shorter notice, which increases progressively depending on how long the employee has been in post.
Reduced notice periods during probation
The following durations apply during the probationary period itself, including any renewal agreed upon under the applicable collective agreement:
These shortened durations reflect the temporary and exploratory nature of the probationary period. Once the probationary period has ended, whether at its natural term or through formal confirmation of the employee, the standard notice rules described above apply in full.
It is worth noting that the probationary period may be renewed once, subject to conditions set by the applicable collective agreement and with the employee's written consent. During any renewal, the same notice table above continues to apply.
Fixed-term contracts (CDD): a different regime
Fixed-term contracts (CDD, contrat à durée déterminée) follow a fundamentally different logic. Because the end date is agreed upon at the outset, the general rule is that no notice period applies: the contract simply ends when the agreed term expires.
The general rule: no notice period for a CDD
When a CDD reaches its agreed end date, the employment relationship terminates automatically. Neither party is required to give formal notice for a standard end-of-term expiry.
Early termination of a CDD, however, is strictly limited. It is only possible in the following circumstances: mutual agreement between the parties, gross misconduct (faute grave) by either party, force majeure, or where the employee secures a permanent position elsewhere (CDI). Outside of these situations, unilateral early termination by the employer exposes the company to financial liability equivalent to the remaining salary that would have been owed until the contract's end date.
For a more detailed overview of the fixed-term contracts in France regime, including duration limits and renewal rules, refer to the dedicated employment contracts guide.
CDD termination by mutual agreement
When both parties wish to end a CDD before its term, they may do so through mutual agreement. This is documented in writing and releases both sides from their obligations under the contract. It is a relatively straightforward process when there is genuine agreement, and it avoids the restrictions associated with unilateral early termination.
Garden leave and waiver of notice (dispense de préavis)
Garden leave is one of the aspects of French employment law that surprises foreign employers most, not because it is unusual (the concept is well known from UK practice), but because its rules in France differ in important ways.
When the employer waives the notice period
An employer in France may decide to release an employee from the obligation to work during their notice period. This arrangement, known as a notice period waiver or dispense de préavis, allows the employment relationship to end earlier in practical terms while still protecting the employee financially.
When the employer grants a waiver, they are required to pay the employee an indemnité compensatrice de préavis: a compensatory payment equivalent to the gross salary the employee would have received had they worked the full notice period. This payment is made regardless of whether the employee finds another position immediately.
The operational benefit for foreign companies is significant: it allows the employer to clear the role promptly, limit the risk of sensitive information being accessed during a transition period, and bring in a replacement without overlap complications.
This arrangement is entirely distinct from termination for gross misconduct (faute grave) under the dismissal procedure. In cases of gross misconduct, neither the notice period nor the compensatory indemnity applies, the contract ends immediately without further payment obligation on this point.
When the employee requests a waiver
An employee who has resigned may also request to be released from their notice period, typically because they wish to start a new position sooner. This is not an automatic right: the employer must agree to waive the notice period.
If the employer agrees to dispense the employee from their notice obligations, no compensatory indemnity is due in either direction. The employment ends on the agreed early date, and both parties are released from their obligations.
If the employer refuses, the employee is expected to work the full notice period. Absent themselves without justification, and those days can be deducted from the duration of the notice period, though this does not resolve the situation cleanly and creates unnecessary complications for all parties.
Rights and obligations during the notice period
Regardless of who initiated the termination, the notice period is a full working period. Both parties retain their rights and obligations under the employment contract.
The employee's obligations
During the notice period, the employee is expected to continue performing their role normally, same hours, same responsibilities, same standards. A reduced level of engagement or selective cooperation is not acceptable and may give grounds for the employer to contest the notice period's validity.
Unjustified absences during the notice period do not automatically suspend it. In practice, this means the notice period continues to run, but those absent days may be deducted, extending the end date accordingly.
Paid leave during the notice period
Paid leave (congés payés) accumulated by the employee may be taken during the notice period, provided the employer agrees to the timing. The employee cannot unilaterally schedule their remaining leave during the notice period in order to shorten it, the employer retains the right to manage leave scheduling even at this stage.
If the employee has accrued paid leave that has not been taken by the end of the notice period, this is settled via an indemnité compensatrice de congés payés, included in the final pay statement (solde de tout compte).
What the employer must provide at the end of the notice period
At the conclusion of the notice period, or on the date agreed upon in the case of a waiver, the employer must provide three mandatory documents:
- Certificate of employment (certificat de travail): confirms the dates of employment and the position held. The employee must receive this regardless of the circumstances of the termination.
- France Travail attestation (formerly Pôle Emploi): enables the employee to claim unemployment benefits. Failure to issue this document on time creates real difficulties for the departing employee.
- Final pay statement (solde de tout compte): the complete settlement of all outstanding amounts, including remaining salary, any compensatory holiday pay, and the notice period indemnity where applicable. The employee has six months from the date of signature to contest its contents.
How HReact helps foreign employers manage notice periods
Managing notice periods in France requires a clear understanding of the applicable collective bargaining agreement, precise calculation of any compensatory indemnities, and reliable administration of end-of-contract documents, all under French labour law.
For foreign companies that do not have a dedicated HR or legal team in France, these requirements can be difficult to navigate with confidence. HReact supports companies at every stage of the employment lifecycle: from drafting compliant contracts to managing employee termination in France, including notice period calculations, garden leave arrangements, and the preparation of all mandatory end-of-contract documents.
Whether you are managing a single departure or scaling your French team, having a trusted HR partner with deep knowledge of French employment law means you can move forward with clarity rather than uncertainty.
