Hiring in extra contract (CDD of use)

The contract of extra or contract of use is a FIXED-TERM CONTRACT: titleContent a particular that allows your employer to hire you to perform a specific and temporary task.

Your employer offers you a fixed-term contract for the duration of a mission of a few hours, a day or several consecutive days.

This contract can only be used to meet one-off and immediate needs for a specific position.

The contract of extra or FIXED-TERM CONTRACT: titleContent can be concluded if it fulfills the 3 cumulative conditions following:

• The business sector that authorizes this type of contract 
• Constant use of the sector of activity not to resort to the contract of indefinite duration (CDI)
• Temporary nature of employment

During the term of your employment contract, you are an employee present in the company on an occasional and irregular basis.

In certain sectors of activity for which the DTA: titleContent is not a traditionally used recruitment method, it is customary and legal to use the contract of extra (CDD of use).

Outside these sectors of activity or those covered by collective agreement or extended branch agreementHowever, the use of the usual fixed-term contract is not permitted.

Like any other fixed-term contract, the contract of extra or fixed-term contract of use must be established in writing.

The contract must include a precise definition of its reason. Otherwise, it can be requalified as DTA: titleContent.

A contract must be drawn up for each assignment of the employee.

The hiring formalities are identical to those of other employment contracts.

In the case of an extra-duty contract, the number of working hours is not the same as in a traditional employment contract.

The minimum duration and the maximum duration working time is determined by the practices of each sector of activity.  

Your salary cannot be lower:

• at least the conventional minimum of the professional category to which it belongs
• and the amount of remuneration received in the same company by a permanent employee of equivalent qualification and holding the same functions

You must be paid for each of your interventions.

However, with the agreement of your employer, you can be paid per week, per fortnight or per month.

A single summary pay slip may be prepared that breaks down all actions when the contract term is less than 1 month (including overlap over 2 months).

Yes, you get a compensatory leave with pay when your contract ends.

The end of the extra contract does not entitle you to the precariousness allowance for other types of fixed-term contracts.

However, the premium may be paid to you if a collective agreement or a company collective agreement provides for

One waiting period is not necessary in case of succession of contracts with the same employee or with several employees on the same workstation.

Your extra contract can be reclassified as a permanent contract if the sector of activity in which you work does not provide for the use of this type of employment contract.

Your contract can also be reclassified as a permanent contract if the conditions of its execution are not respected.

If you feel that your extra contract should be reclassified as a permanent contract, you must enter the labor court (CPH).

If your requalification request is accepted, your employment contract is then considered to be a DTA: titleContent from the date of signature of the extra contract concluded with your employer.

In addition, you are entitled to a requalification allowance equal to at least 1 month salary.

Your employer is liable to a fine of €3,750 and a fine €7,500 and 6 months' imprisonment in case of recidivism. For legal persons, the fine shall be multiplied by 5: or €18,750 and €37,500 in case of recurrence.