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In what cases is a CDD reclassified as a CDI?

Verified 11 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The employee may request the requalification of a CSD: titleContentin DTA: titleContent under certain conditions. If the labor council (CPH) decides to reclassify the contract, the employee is considered to have been hired on a permanent contract and not on a permanent contract. This allows the employee to benefit from a certain number of additional rights.

One fixed-term contract (CDD) must not have as its object the permanent filling of a job connected with the normal and permanent activity of the company.

A fixed-term contract may be concluded only for the performance of a specific and temporary task (seasonal employment, temporary work, temporary increase in the activity of the company, temporary replacement of a person, reintegration).

A CDD is irregular if it does not comply with these conditions. It can then be reclassified as a DTA.

The employee can enter the labor council (CPH) and request that the CSD be reclassified as a CDI if it is in one of the following situations:

  • The CSD is about permanent employment and not about a specific, temporary task
  • The CSD aims to replace a person suspended as a result of a labor dispute
  • The CSD concerns particularly dangerous work
  • The CSD does not provide for a minimum term or duration in cases where the CSD is intended to temporarily replace a person
  • The total duration of the CSD exceeds legal durations
  • The CSD is not drawn up in writing, does not contain the justification for the use of a fixed term or the elements necessary for the establishment of the employment contract (name and forename of the employee, duration, applicable collective agreement, remuneration)
  • The contractual relationship between the employer and the employee shall continue after the end date laid down in the CSD
  • Renewal conditions are not met or the CSD has been renewed more than twice
  • The waiting period, if applicable, is not complied with

Please note

the fact that the employer does not transmit the employment contract to the employee within 2 days does not justify the reclassification of the CDD as a CDI.

The time limit for appeal to the CPH is 12 months from the end date of the CSD.

When a fixed-term contract is reclassified as a fixed-term contract, the reclassification has retroactive and immediate effect.

The CDD has never existed and the employee benefits from the CDI from the date of his employment.

This has an impact on seniority and entitles the employee to an allowance.

When the CPH decides to reclassify a fixed-term contract as a permanent contract, the employer must pay the employee a requalification allowance.

This allowance is equal to or greater than 1 month's salary.

The month of pay is the last salary received during the CSD or the average of the monthly salaries received under the CSD, before the application for requalification.

Warning  

this compensation is only collected in the event that the CSD has been found to be irregular. If a regular fixed-term contract has been converted into a fixed-term contract because the employment relationship between the employer and the employee has continued after the end of the term, a requalification is automatic but without compensation.

An employee whose CDD has been reclassified as a CDI may rejoin the company if he wishes.

If not, he can benefit from a severance pay.

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