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A Lettres Promesse D'Embauche is a formal job offer letter that creates binding legal obligations between you as an employer and your prospective employee under French law. Unlike informal job discussions, this document establishes a firm commitment to employment when it contains the essential elements required by the Code du travail. Once signed and accepted, it becomes legally enforceable and can expose you to liability if breached without valid justification.

When do you need this document?

You need a Lettres Promesse D'Embauche when making a definitive job offer to a candidate you intend to hire. This applies whether you're recruiting for permanent positions, fixed-term contracts, or specialized roles requiring specific notice periods. The document is particularly crucial when there's a gap between your hiring decision and the actual start date, as it secures the candidate's commitment while protecting both parties' interests. You should also use this document when offering positions that require the candidate to relocate, resign from current employment, or make other significant life changes based on your offer.

Key legal considerations

Your promesse d'embauche must include specific mandatory elements to be legally valid under Article L1242-12 of the Code du travail. These include complete identification of both parties, precise job title and main duties, exact start date, workplace location, gross salary and payment frequency, working hours, and applicable collective bargaining agreement. The document must clearly state the essential terms that will govern the future employment relationship. You should be aware that once validly formed and accepted, breaching this promise can result in damages equivalent to the salary the employee would have earned during the notice period. The promise also binds you to honor the terms exactly as stated, preventing you from unilaterally modifying conditions before the employment begins.

Legal requirements in France

Under French law, your Lettres Promesse D'Embauche must be written in French as mandated by Article L1221-3 of the Code du travail. The document gains binding force under Article 1134 of the Code civil once it contains the essential elements of the future employment contract and is accepted by the candidate. You must ensure the promise includes all mandatory information required for the type of contract you're offering, whether permanent (CDI) or fixed-term (CDD). The promise must also comply with the relevant collective bargaining agreement (convention collective) applicable to your industry or company. French courts have established that a valid promise creates a presumption of bad faith if you subsequently withdraw the offer without legitimate reason, making you liable for damages under general contract law principles.