In the absence of a written record, the employment contract can only be of indeterminate duration (CDI) and without a probationary period. Proof to the contrary is not possible. The parties may therefore neither claim to prove that they have concluded a fixed-term contract (CDD) or that they provided for a probationary period.
If, by the day of commencement of work, no written record has been drawn up, a fixed-term contract will no longer be able to be validly concluded because, in such a case, a CDD would be reclassifiable, by the labour code, as a contract of indeterminate duration.