Conclusion of fixed-term employment contract (fixed-term contract)
Verified 19 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Replacement of several employees on permanent contracts by an employee on permanent contracts or on an interim basis
Published on 23 December 2022
Article 6 of law no. 2022-1598 of 21 december 2022 provides that an employee on temporary or temporary contracts may replace several employees on temporary contracts who are absent.
A forthcoming decree must determine the conditions of application of this section.
The information contained on this page remains current and will be amended as soon as the text enters into force.
The fixed-term employment contract (fixed-term contract) must be drawn up in writing and contain a number of mandatory particulars. It must be transmitted to the employee within 2 days of hiring. Failure to comply with this time limit shall not by itself lead to the reclassification of the CSD: titleContent in DTA: titleContent, but entitles the employee to an allowance.
The CDD must be written, written in French and signed by the employee.
The absence of one or more of these conditions results in the requalification by a judge of the CDD in CDI.
FYI
if the employee is a non-emancipated minor, the authorization of legal representative is necessary.
The Digital Labor Code website offers a contract template:
Template - Fixed-term employment contract (fixed-term contract)
The CSD must contain a precise indication of the reason for the decision. This is one of the following reasons:
- Replacement of employee
- Temporary increase in activity
- Seasonal employment
The absence of a precise definition of the reason for the CSD results in its requalification by a judge on a DTA.
Warning
the appeal case to the CSD are limited.
The contract of employment must contain the following information on the duration of the contract:
- Contract End Date
- Disclaimer renewal if the CSD is to be extended
- Minimum duration if the contract does not include precise term
- Duration of the trial period
Please note
the weekly working time is compulsory if the employee works at part-time.
CSD Type | Maximum Duration |
|---|---|
General case | 18 months |
Employment contract concluded in place of an employee absent or whose employment contract is suspended | End of absence of the employee being replaced. The fixed term may end up to 18 months after the day on which the employee being replaced takes over. |
Contract of employment concluded in place of a head of craft, industrial or commercial company or a person engaged in a liberal activity | End of absence. The CDD may be terminated up to the day after the day on which the replaced employee resumes and up to a maximum of 18 months. |
Contract concluded while awaiting an employee recruited in DTA: titleContent | 9 months |
Contract concluded as part of the final departure of an employee before the abolition of his post | 24 months |
Contract in the event of a temporary increase in the company's activity | 18 months |
Contract concluded as part of an exceptional export order | 24 months |
Contract concluded for urgent work required by safety measures | 9 months |
Contract concluded in the context of a seasonal employment | End of season |
Contract executed abroad | Achievement of the subject matter of the contract and within the limit of 24 months. |
Contract to promote the employment of unemployed persons (CUI-CIE and CUI-CAE) | Duration fixed by law or regulation for each type of contract |
Contract to provide a supplement to vocational training | Duration fixed by law or regulation for each type of contract |
Contract concluded in the context of employment for which it is not customary to use the DTA: titleContent | 18 months |
The employment contract must contain the following information on the position occupied by the employee:
- Designation of the workstation
- Name and occupational qualification of the employee being replaced if it is a replacement
The details of the remuneration must be included in the contract:
- Amount (which may not be less than that received by another employee of the company on a permanent contract, with equivalent qualifications and positions)
- Composition (premiums, increases, allowances, benefits in kind, etc.)
Certain collective rights applicable to the employee must be specified in the contract:
- Title of the applicable collective agreement
- Name and address of the supplementary pension fund
- Name and address of the provident society if the company is affiliated
- Title and references of the collective agreement establishing the contract, if it is a CDD with defined object
The employment contract must be sent to the employee at the latest within 2 working days according to the hiring.
Failure to comply with this transmission deadline does not, on its own, lead to the reclassification of the CSD as a DTA.
However, in the absence of compliance with this provision, the employee shall be entitled to an allowance, payable by the employer, equal to a maximum of one month's pay.
Template - Fixed-term employment contract (fixed-term contract)
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Fixing the term and duration of the contract
Form, content and transmission of the contract
Requalification of the contract
Document template