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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:

Tableau - Calculation of the waiting period

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.

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