Welcome to Omnipresent’s guide on customizing employment contracts in France. This article outlines which elements you can tailor during onboarding and which ones are fixed, so you can align your contract with your business needs—while staying fully compliant with French labor law and the portage salarial model.
Customizable elements
Contract terms
Contract duration: Omnipresent supports both fixed-term and indefinite-term contracts. Under the portage salarial, assignments should not exceed 36 months for indefinite contracts. Fixed-term contracts are limited to 18 months with a maximum of 2 renewals.
Seniority recognition: Previous service with your company can be recognized for indefinite contracts. However, this cannot be applied to contractors or to fixed-term contracts. Recognition of seniority will affect notice period and severance pay.
Notice period (resignation): Clients can customize the resignation notice period, usually between 1 and 3 months. The termination notice period, however, is fixed by law.
Place of work: You can specify whether the employee works remotely, from an office, or in a hybrid arrangement.
Assignment agreement only
The following items cannot be added to the employment contract, but can be addressed through the Assignment Agreement (which outlines assignment-specific details and conditions between the client and the employee):
Additional allowances: Omnipresent offers a remote work allowance. Other benefits (e.g., wellness stipends) can be included in the Assignment Agreement.
Joining bonus: A sign-on bonus can be added via the Assignment Agreement.
Annual leave: The statutory 25 days plus RTT days apply. Unlimited leave or additional time off can be captured in the Assignment Agreement.
Sick leave enhancements: Clients may top up statutory sick pay and document this in the Assignment Agreement.
Equipment: Clients are responsible for providing equipment. Any specifications can be detailed in the Assignment Agreement.
Side agreement required
The following elements cannot be included in the employment contract but can be handled through a side agreement between you and the employee:
Parental leave enhancements
Variable compensation (bonuses, commissions)
Equity or stock options
Business travel outside of France (requires Omnipresent’s approval)
Additional IP/confidentiality terms
Non-customizable elements
To ensure legal compliance and operational consistency, the following are strictly not customizable:
Backdating the employment start date
Paying salary in foreign currency (EUR only)
Overtime pay (does not apply to forfait jours contracts)
Hourly wage structures (only supported on exception for Platinum clients)
Reimbursement of expenses
Stylistic changes to the contract
Any changes that contradict local law or adapt the contract to other jurisdictions
💡 Important notes on the Portage Salarial model
RTT days: In addition to the 25 statutory days off, employees are entitled to RTT days to comply with the annual workday cap.
Autonomy: Employees under portage must remain autonomous. This means exclusivity clauses or rigid schedules cannot be enforced.
Conclusion
At Omnipresent, we aim to provide a flexible, client-friendly experience when customizing employment contracts—while remaining fully compliant with the complex French employment framework. Use this guide to confidently personalize your French employee contracts and understand where flexibility ends and compliance begins.