In what cases is a CDD reclassified as a CDI?

Verified 21 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employer cannot use the CSD freely without following certain rules. If these rules are not complied with, the employee may request the requalification of his CSD: titleContent in DTA: titleContentunder certain conditions. We're presenting the regulations to know about this.

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 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 the reclassification of their CDD as a CDI if they are in one of the following situations:

  • The CSD is about permanent employment, not a task precise and temporary
  • The CSD aims to replace a person suspended as a result of a labor dispute
  • The CSD concerns particularly dangerous work
  • The CDD does not provide for a minimum term or duration in the event that the CDD is intended to replace a temporarily absent employee
  • The total duration of the CSD exceeds legal durations
  • The CSD is not established in writing
  • The CSD does not specify the justification for the use of a fixed-term employment contract
  • The CSD does not specify the elements necessary for the establishment of the employment contract (name and first name of the employee, 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 than2 times
  • The waiting period, if applicable, is not respected.

Please note

The employment contract shall be forwarded to the employee, at the latest, within 2 days working days according to the hiring. Failure to comply with this transmission deadline does not, on its own, lead to the reclassification of the CSD as a DTA.

The time-limit for bringing an action before the labor council (CPH) for a request to requalify a CDD as a CDI is 2 years from the last CSD end date.

This period is calculated from the day on which the employee knew or should have known the facts enabling him to exercise his right.

Referral to the Labor Council (CPH)

The employee must contact the CPH:

  • The place where the company in which he carries on his business is located or of the place where the contract of employment was concluded or of the registered office company
  • Or, if the employee works at home or outside the company, from his place of residence.
Who shall I contact

Filing of the application for requalification

In order to make his request, the employee may submit a request on free paper or complete the request form for referral to the CPH.

Application for a referral by an employee to the Labor Council (CPH)

It's addressed only by way of request, i.e. a claim made to the judge for the purpose of settling the dispute with the employer.

The request may be addressed to the graft of the CPH by mail (recommended or not). It may also be deposited directly at the Registry.

Demand, dated and signed, shall contain all of the following:

  • Employee contact details (last name, first name, address)
  • Contact details for defendant (employer against whom the request is made)
  • Object of the application
  • Summary presentation the grounds for the request. It must mention all the pretensions (reclassification of the CSD as a CDI)

The request must be accompanied documents which the employee wishes to rely on in support of his claims.

These items are listed on a communication slip of documents annexed to it.

The employee must file or send his request and the form to the Registry in so many copies that of defendants.

A copy for the Registry should also be attached.

Assistance of a lawyer

The employee may introduce himself alone at the CPH hearing.

The employee may also be assisted or represented by a salaried worker belonging to the same branch of activity, sound spouse, partner of civil solidarity pact or common-law partner.

The employee may also use a lawyer to be made assist or represent. However, the presence of a lawyer is not not obligatory.

If the employee chooses a lawyer, he may apply forlegal aid, provided that the lawyer accepts it.

One trade union advocate may also represent or assist the employee as free.

FYI  

the representative, if he is not not a lawyer, must provide proof of a written statement which authorizes it to act on behalf of and on behalf of the employee.

Cost of the application

To enter the CPH, the employee has nothing to pay for. The procedure is totally free.

CPH Response Time

When the CPH receives a request to reclassify a CDD into a CDI, the case is brought directly before the judgment office, which decides within a period of1 month according to the date of referral.

Retroactivity and seniority

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

Thus, the CDD is canceled and the employee benefits from the CDI as soon as he is hired.

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

Reclassification 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 greater than or equal to 1 month of salary payable by the employer.

The month of pay is the last salary received by the employee 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 fixed-term contract, a requalification is automatic but without compensation.

Reinstatement

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 for personal motive and damages for wrongful breach of the contract of employment, at the expense of the employer.

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