If the parties have not yet concluded the employment contract by the day of the employee’s entry into service, the employee will be regarded as recruited on the basis of a contract of indeterminate duration (CDI), without a probationary period. Proof to the contrary is not possible.
Similarly, in the absence of a written record specifying the working hours and their distribution when recruiting a part-time employee, the contract shall be deemed to have been entered into on a full-time basis.
Finally, where one or more items of essential information required to be included in the employment contract have not been communicated to the employee at the start of the contract, or within the maximum time limits specified in Article L. 121-4, paragraph 2, subparagraph 3, the employee may, within fifteen days following notification of a formal notice that has remained without response, apply by ordinary application to the president of the labour court, who shall adjudicate as a matter of urgency and by summary decision, after the parties have been heard or duly convened, to order the employer, including on pain of a periodic penalty payment, to provide the missing information (FAQ D1a8).
The order of the president of the labour court shall be enforceable on a provisional basis. It shall be amenable to appeal, brought by an ordinary application, within the forty days following its notification through the registry, before the judge presiding over the chamber of the Appeal Court to which are allocated appeals in matters of employment law. A decision will be given on an urgent basis, after the parties have been heard or duly convened.