Do we have to meet a waiting period between 2 CSDs?
Verified 06 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
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General case
If the CSD: titleContent ends, it is then not possible to have recourse to a new CDD with the same employee before the end of a so-called period deficiency.
The waiting period is the period that must elapse between the end of the CDD and the re-hiring of the employee to the same position.
In the absence of treaty provisions the waiting period varies according to the duration of the CDD, under the following conditions:
Total duration of the CSD (including renewal) | Duration of the waiting period |
|---|---|
Less than 14 days | Half the duration of the CSD |
From 14 days | 1/3 of the duration of the CDD |
The duration of the CDD is counted as calendar days.
The waiting period shall be counted in the opening days of the company or establishment concerned.
Please note
failure to comply with the waiting period shall result in the requalification of the CSD in DTA. The employer may be ordered to pay the employee compensation of at least 1 month's salary.
Replacement of absent employee
It is possible to conclude successive CDDs with the same employee and without a waiting period for the replacement of an employee who is absent or whose employment contract is suspended.
Seasonal employment
It is possible to conclude successive CDDs with the same employee without any waiting period due to the temporary nature of the activity carried out.
Who can help me?
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- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
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- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L1244-3 to L1244-4-1Waiting period and successive fixed-term contracts on the same item
- Labor Code: Article L1244-1Successive contracts with the same employee