Signed a CDI: can you still back out?
27 March 2026 · 5 min reading time
Join Staffmatch
See job offersSigning a permanent contract, or CDI, and then wanting to withdraw is more common than people might think. A better opportunity, doubts about the role, working hours that ultimately prove incompatible, or a gap between what was promised during the recruitment process and the reality on the ground can all lead an employee to hesitate after signing.
This kind of change of mind is far from unusual. What makes all the difference, however, is the legal framework. Many employees believe there is a deadline allowing them to reverse their decision after signing.
In reality, French employment law does not provide for an automatic right of withdrawal in the case of a CDI. The answer mainly depends on when the employee changes their mind and how they communicate that decision.
CDI: what the French Labour Code says
A permanent contract, or CDI, is the standard and general form of the employment relationship. This is what Article L1221-2 of the French Labour Code provides. In practice, this means that unless a particular situation justifies another type of contract, employment is intended to take the form of a CDI.
From the moment it is signed, the contract binds both parties. The employee undertakes to perform the agreed role, and the employer undertakes to provide work and remuneration. In other words, a CDI legally exists as soon as it is signed, even if the employee is due to start later. That is why, in employment law, the issue is framed less as a matter of withdrawal and more as a matter of terminating the contract, depending on when that happens.
Before the start date: going back is still possible, but not without consequences
When the employee changes their mind before their first working day, the situation remains delicate, but it is not necessarily blocked. The contract has already been formed, which means backing out is not legally neutral. In theory, the employer may regard this as a breach of contract and seek compensation if they believe they have suffered a loss.
Concrete example: an employee signs their CDI on 8 April with a start date of 6 May. In the meantime, they receive another offer and decide to accept it. They cannot assume that the signed contract simply disappears on its own. However, if they inform the employer promptly, the matter is often resolved without further consequences.
In practice, many companies prefer to be informed as early as possible so they can restart recruitment rather than begin a formal dispute. The sooner the decision is announced, the easier the situation is to resolve. The healthiest approach is therefore to inform the employer clearly, preferably in writing, using a simple and respectful message.
Failing to show up before starting: the worst option
Staying silent or simply not showing up on the agreed start date always makes the situation worse. An employee who fails to appear without warning leaves the employer in uncertainty, disrupts the team, and often damages the relationship from the outset. Even when the employee no longer wishes to join the company, it is always better to say so clearly than to let the situation deteriorate.
A simple message is always better than an unexplained absence. Informing the employer quickly that you are withdrawing from the role allows them to make arrangements, while also preserving the employee’s professional image. In some industries, the way a person exits a recruitment process leaves almost as much of an impression as the way they enter it.
During the trial period: the most flexible framework for leaving
Once the employee has actually started the job, the trial period is often the simplest way to end the CDI. At that stage, it is no longer really a matter of withdrawing from a signature, but rather of terminating the contract within a framework expressly designed for that purpose. The trial period allows both parties to assess whether the working relationship is genuinely a good fit.
The French Labour Code regulates this period. Article L1221-19 sets the maximum initial duration of the trial period for a CDI at two months for workers and employees, three months for supervisors and technicians, and four months for executives. Article L1221-21 further states that the trial period may be renewed once if an extended branch agreement provides for this possibility and if it is expressly mentioned in the employment contract or offer letter.
This could be the case, for example, for an employee who starts a new role and quickly realises in the first few days that the duties assigned do not match what was presented during the interview process, or that the day-to-day organisation does not suit them. In such a situation, ending the trial period is generally more appropriate than staying in a role unwillingly.
That option is still subject to rules. Article L1221-26 of the French Labour Code provides that when the employee initiates the termination of the trial period, they must give 48 hours’ notice, reduced to 24 hours if they have been with the company for fewer than eight days. Here again, putting things in writing helps clarify the situation and avoid any ambiguity.
From what point does a CDI become harder to terminate?
A CDI exists from the moment it is signed, but it becomes significantly more stable once the trial period has ended. As long as the trial period is ongoing, both the employee and the employer retain greater flexibility to end the employment relationship. Once that period is over, terminating the contract becomes more tightly regulated.
In other words, an employee who changes their mind after several weeks or several months with the company is no longer in the same position as someone who hesitates before starting or during the very first days. Once the trial period has ended, resignation, dismissal, or a mutually agreed termination become the main legal frameworks to consider.
Once the CDI is fully underway: resignation becomes the main route
When the employee has started the role and the trial period is over, the issue is no longer really one of withdrawal. It then becomes a matter of terminating the CDI, most often through resignation. This situation is very different from backing out before the start date, because the employment relationship is already being performed as normal.
Take the example of an employee who joins the company in January, completes their trial period, and then decides in April that the role is not right for them. They can no longer go back on the signing of their contract as though it were still a suspended commitment. If they wish to leave, they must then consider resigning, along with the rules that apply to resignation, particularly notice requirements, unless another solution is agreed with the employer.
The false 7-, 14-, or 15-day withdrawal period
This is probably the most common misunderstanding on the subject. Many employees believe they have 7, 14, or 15 days to cancel a signed CDI. In reality, there is no legal withdrawal period after signing a permanent employment contract.
This confusion often comes from comparing the situation with other legal arrangements, particularly mutually agreed termination. In that context, the French Labour Code does provide for a withdrawal period, but only in relation to the termination agreement itself. Article L1237-13 of the French Labour Code provides for a 15-calendar-day withdrawal period from the date the termination agreement is signed. This mechanism does not apply to the signing of a CDI. An employee who signs their contract on 5 September for a start date of 1 October therefore does not benefit from any automatic period allowing them to freely reverse their decision.
How should the situation be handled without making it worse?
When an employee changes their mind, the first step is to determine where they stand: before the start date, during the trial period, or after it. That is what makes it possible to identify the right course of action. Then, it is best to act quickly. The earlier the decision is announced, the easier it is to limit the consequences and maintain a professional relationship with the employer.
In practice, the best approach is fairly simple: inform the employer clearly, keep a written record, and remain concise in your explanation. There is no need to justify yourself at length. A factual, respectful message sent without delay is often enough to defuse the situation. It is not just a legal issue, but also a matter of professionalism.
Where there is still doubt about the right way to proceed, especially if the trial period has already ended or the situation seems conflictual, it may be useful to review the clauses of the contract, the applicable collective agreement and, if necessary, seek advice before taking action.
Similar articles
Labor Law
Refusal of permanent contract (CDI): what changes in 2024
19 January 2024 · 2 min reading time
Since January 1, 2024, refusing two permanent job offers after a fixed-term contract or a temporary work assignment within one year can lead to a suspension of unemployment benefits.
Labor Law
Probationary Period: Rules, Duration, and Tips
18 August 2025 · 4 min reading time
Learn everything about the probationary period in France: definition, duration for permanent, fixed-term and temporary contracts, employee rights, termination rules, and unemployment benefits.
Labor Law
How to calculate mutual termination compensation in 2026?
12 March 2026 · 4 min reading time
Learn how to calculate mutual termination compensation in 2026, including the legal minimum amount and a practical example.
Become a temp worker with Staffmatch!
OUR MOBILE APPS
Download the temp worker app
Download the business appDownload our temp worker appDownload our business app
Download the temp worker appDownload the business appDownload our temp worker appDownload our business app