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In which cases is a CDD being upgraded to CDI?

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

Employee may request requalification of CDD: titleContentin CDI: titleContent under certain conditions. If the board of prud'homme (CPH) pronounces the requalification of the contract, it is considered that the employee was hired in CDI and not in CDD. This allows the employee to benefit from a certain number of additional rights.

One fixed-term contract shall not have as its object the sustainable provision of employment linked to the normal and permanent activity of the company.

A CSD can only be concluded for the performance of a specific and temporary task (seasonal, temporary, temporary increase in company activity, temporary replacement of a person, reintegration).

A CSD is irregular if it does not meet these conditions. It can then be upgraded to CDI.

Employee can enter prud'homme council (CPH) and request that the CSD be upgraded to CDI if it is:

  • The CSD is about permanent employment, not a specific temporary task
  • The DDC aims to replace a person suspended following a labour dispute
  • The CSD concerns particularly dangerous work
  • The DDC does not provide a minimum term or duration in cases where the DDC is intended to temporarily replace a person
  • The total duration of the CDD exceeds legal time
  • The CSD is not established in writing, does not contain the justification for the use of a fixed term or the elements necessary to establish the employment contract (employee's name and first name, duration, applicable collective agreement, remuneration)
  • The contractual relationship between the employer and the employee continues after the termination date in the DDC
  • The conditions for renewal 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 did not transmit the employment contract to the employee within 2 days does not justify the reclassification of the DDC into a permanent contract.

The time limit for appeal to the HPC is 12 months from the CDD end date.

When a CDD is upgraded to CDI, the requalification has retroactive and immediate effect.

The CSD never existed and the employee benefits from the CDI from the date of hiring.

This affects seniority and allows the employee to receive compensation.

When the HPC decides to reclassify a DDC into a permanent position, the employer must pay the employee a reclassification allowance.

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

The salary month is the last salary received during the CDD or the average monthly salary received under the CDD, prior to the requalification request.

Warning  

this allowance is only levied if the CSD has been found to be irregular. If a regular DDC has been transformed into a permanent DTA because the labour relations between the employer and the employee have continued after the end of the term, a requalification is automatic but without compensation.

An employee whose DDC has been upgraded to permanent status may return to the company if he wishes.

If this is not the case, he may benefit from termination indemnity.