Employment & HR: the employment contract clauses you should never sign without checking
Non-compete, probation, mobility, mutual termination: the points of caution for employer and employee.
An employment contract commits over time — pay, mobility, non-compete, termination conditions. Employer or employee, the points of caution aren't the same, but the reading rigor should be.
Quick check: Analyze your employment contract on subblink — risky clauses, legal basis, exposure for each party.
1. Non-compete clause: validity above all
The problem
An overly broad non-compete clause (no time, geographic or activity limit) is frequently invalidated by courts — but only if challenged, often too late.
Legal reminder (France)
A non-compete clause is valid if it is limited in time and space, justified by the company's legitimate interests, proportionate, and accompanied by financial compensation for the employee.
Legal reminder (Switzerland)
Art. 340-340c CO requires a reasonable limit on duration (generally up to 3 years), place and type of business, as well as a legitimate interest of the employer to protect.
What subblink detects
The presence of a non-compete clause, its scope (duration, area, activity) and the existence of financial compensation if mentioned in the text.
2. Probation period and termination conditions
The problem
An abnormally long probation period, or asymmetric termination conditions between employer and employee, are signals to check before signing.
What subblink detects
The probation period duration and the terms of early termination, compared to documented standards for this type of contract.
3. Geographic mobility and unilateral modification
The problem
A broad geographic mobility clause ("the employer may assign the employee to any establishment of the group") can, in practice, be used to justify a forced transfer not anticipated at signing.
How to protect yourself
- Check the exact geographic scope covered by the clause
- Request a review clause in case of a change in personal circumstances
- Check consistency with the applicable collective bargaining agreement, which may provide additional guarantees
4. Mutual termination: the official procedure
The problem
An individual mutual termination agreement ("rupture conventionnelle") in France follows a regulated procedure with a withdrawal period and mandatory approval — a verbal agreement or a simple letter is not enough.
What the law says
The procedure (Art. L1237-11 et seq. of the Labour Code) requires one or more meetings, a 15-calendar-day withdrawal period, then an approval request to the administration. The official TéléRC online service generates the statutory approval form.
What subblink detects
A settlement contract or mutual termination agreement is analyzed as a settlement contract: presence of mutual concessions (required under French law, Art. 2044 Civil Code), scope of the waiver of claims.
5. Temp work and umbrella employment: distinct statuses
The problem
A temp assignment contract, an umbrella employment ("portage salarial") contract and an independent service contract fall under different legal regimes, with different consequences in case of dispute (particularly reclassification as an employment contract).
What subblink detects
The type of contract is identified from the text, with the expected clauses specific to each regime (end-of-assignment allowance for temp work, minimum pay for umbrella employment).
HR checklist: before signing an employment contract
- Non-compete clause limited in duration, area and activity, with financial compensation
- Probation period compliant with standards for the role and collective agreement
- Geographic mobility clause with a clearly defined scope
- Mutual termination procedure respected if applicable (withdrawal period, approval)
- Contract status correctly identified (permanent, fixed-term, temp, umbrella, service)
FAQ: employment contracts and HR
Can subblink tell if my dismissal is valid?
No. It analyzes the text of the employment contract, not the dismissal procedure itself, which depends on facts and context that the contract text doesn't contain.
Is a non-compete clause without financial compensation valid?
Under French law, no: the absence of financial compensation voids the clause. Under Swiss law, compensation is not systematically a validity condition, but remains a factor considered by the judge.
Does the report distinguish between the employer's and employee's perspective?
Yes, depending on the declared contractual role (issuer or recipient), recommendations are adapted to the party consulting the report.
Does subblink cover specific collective bargaining agreements?
The engine applies the general legal framework of the Labour Code or the Code of Obligations. The specific provisions of a collective bargaining agreement must be checked separately, in addition to the report.
Conclusion
An employment contract is usually reviewed once, at signing — rarely a second time before a disagreement arises.
Non-compete, probation period, mobility, termination conditions: four clauses to check before, not after.