Hiring under extra contract (CDD of use)

Verified 10 July 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor

Can you enter into a contract with your employer for an extra charge (also known as CSD: titleContent as usual)? Under what conditions can this type of contract be put in place? What are the sectors of activity in which the extra contract can be concluded? We present you your rights if you are hired on an extra contract.

The contract of extra or contract of use is a CSD: titleContent a contract that allows your employer to hire you to perform a specific, temporary task.

Your employer offers you a CDD 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 CSD: titleContent may be concluded if he completes the 3 cumulative conditions following:

  • Industry that allows this type of contract 
  • Constant use of the sector of activity not to use the contract of indefinite duration (CDI)
  • Temporary nature of employment

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

Warning  

The extra contract should not be confused with the part-time contract or with the temporary employment contract (temporary). The part-time or temporary employee works regularly in the company.

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

Tableau - Areas of activity where the extra contract is the use

Sectors of activity

Extra CDD

Travel agencies and tourism

Yes

Moving

Yes

Personal services

Yes

Hotels and restaurants

Yes

Leisure and holiday center

Yes

Fair activity

Yes

Professional Sport

Yes

Teaching

Yes

Show

Yes

Cultural action

Yes

Audiovisual, cinema production, phonographic publishing

Yes

Logging

Yes

Ship Repair

Yes

Information

Yes

Surveys, polls

Yes

Storage and storage of meat

Yes

Building and public works for construction sites abroad

Yes

Cooperation, engineering technical assistance and research abroad

Yes

Scientific research under an international agreement (convention, administrative arrangement)

Yes

Outside these sectors of activity covered by collective agreement or collective company agreement, the use of the usual CDD is not permitted.

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

The contract must contain a precise definition of the reason for the contract. Otherwise, it can be reclassified 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 contract, the number of hours worked is not the same as in a standard contract of employment.

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

Warning  

There are limits on the amount of time spent at the workplace, depending on the sector of activity.

For example:

  • a maximum daily duration of 11 hours for a cook, 12 hours for a night watchman, 11.30 hours for another employee
  • a maximum weekly duration of 52 hours (over a week) and 50 hours (on average over 12 weeks) for all employees working on extra contracts

Your salary cannot be lower:

  • at least the minimum of the professional category to which it belongs
  • and the amount of remuneration received in the same company by an employee on a CDI of equivalent qualification and occupying the same functions

You have to be paid every time you do something.

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

A single summary pay statement can be prepared that breaks down all work when the contract duration is less than 1 month (including 2-month overlap).

Yes, you have a compensatory allowance for paid leave at the end of your contract.

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

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

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

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

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

Example :

In the hotel and restaurant sector, if the working hours exceed 60 days in a quarter in the same establishment, the contract can be reclassified as a CDI.

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

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

In addition, you are entitled to a requalification allowance equal to the minimum of 1 month salary.

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

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