Does a work stoppage extend a fixed term?
Verified 24 August 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In principle, a work stoppage shall not prolong a CSD: titleContent accident at work even in the event of a work stoppage due to an occupational disease or an occupational disease. Exceptionallyt, in the latter 2 cases, if your CSD provides for a renewal clause, its duration may be extended.
The employer is not obliged to extend the duration of the CSD: titleContent due to illness or pregnancy.
Where the termination of the fixed-term contract occurs during the stoppage of work, the contract shall end on the date initially laid down.
if your employment contract ends on March 5, 2022 and you are arrested for illness or pregnancy on February 21, 2022, your term of employment will end at the scheduled date: March 5, 2022.
Accident at work or occupational disease
A work stoppage does not automatically extend the CSD: titleContent. Indeed, when the termination of the fixed-term contract occurs during the stoppage of work, the contract ends on the scheduled date.
accident at work if your employment contract ends on March 5, 2022, and you are arrested for occupational disease or death on February 21, 2022, your term of employment will end at the scheduled date: March 5, 2022.
If the contract provides for a clause to renew the CSD, the employer must apply the clause. If, on the other hand, he can prove a genuine and serious reason unrelated to the accident at work or the occupational disease, he may terminate the contract
Otherwise, the employer must pay the employee compensation (corresponding to the loss suffered, which may not be less than the amount of wages and benefits that the employee would have received up to the end of the renewal period provided for in the contract).
you are replacing an employee on maternity leave, and your contract provides for an automatic renewal in case of taking parental education leave.
accident at work if a notification of non-renewal, the employer does not have to justify its refusal to renew the contract.
- Labor Code: Articles L1243-5 to L1243-12Judgment of non-professional origin: Article L1243-6
- Labor Code: Articles L1226-18 to L1226-22Judgment of professional origin: Article L1226-19
- Court of Cassation - Social Chamber - No. 00-41222