Amendment to the employment contract (avenant)
The avenant (amendment) to the employment contract is the document that formalises a change to one or more elements of an existing contract: pay, working time, duties, place of work or classification. Any change to an essential element of the contract requires the employee's express consent: it cannot be imposed on them. The avenant sets out the new terms, their effective date, and states that the other clauses of the original contract remain unchanged. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The employer
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Frequently asked questions
Is an avenant required to change the contract?
Yes, whenever an essential element of the contract is being changed (salary, working time, grade, sometimes place of work). This change requires the employee's written consent, evidenced by a signed avenant. A mere change to working conditions falling within the employer's managerial powers does not require an avenant.
Can the employee refuse an avenant?
Yes. The employee is not obliged to accept a change to an essential element of their contract. Their refusal does not constitute misconduct. The employer may then abandon the change or, if it can show grounds, start a dismissal procedure whose merits will be assessed.
When does the avenant take effect?
On the agreed date stated in the avenant, provided it has been signed by both parties. It is recommended to allow the employee time to reflect before signing, especially for significant changes.
Does the whole contract have to be redone?
No. The avenant only changes the points expressly referred to. All the other clauses of the original employment contract remain in force. The avenant should state this to avoid any ambiguity.
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