What is a CDD without a precise term?
Verified 01 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee may be employed, subject to conditions, in CSD: titleContent without a specific term, i.e. without an end date specified in his employment contract. We'll explain the rules.
In principle, employees working in CSD: titleContent must have an employment contract end date indicated on their contract.
However, the contract of employment of an employee on fixed-term contracts may not include precise term when it is concluded only in any of the following cases:
- The employee replaces an absent employee
- The employee replaces an employee whose employment contract is suspended
- The employee replaces an employee recruited in DTA: titleContent waiting for her arrival in the company
- In the case of the hiring of a seasonal employee in the case of a temporary increase in the activity of the company and without replacement of an absent employee (in the hotel sector or under a harvesting contract, for example)
- The employee replaces a manager of a craft, industrial or commercial company, a person engaged in a liberal activity or a manager of an agricultural holding
- For the anticipated recruitment of engineers or managers in the context of the implementation of a project defined by the employer (in the context of the collective agreement, of the extended branch agreement or the company collective agreement).
As a matter of principle, the duration of a CDD without a precise term is not fixed in advance on the date of conclusion of the employment contract between the employer and the employee.
However, the minimum duration of the fixed-term contract concluded between the employer and the employee may be determined by the employment contract.
In principle, a CDD without a precise term has no maximum duration.
The CDD without a specific term ends on the return of the replaced employee or once the object for which it has been concluded with the employer has been achieved.
However, the CDD without a precise term cannot be concluded for a period longer than 36 months.
A maximum duration is set according to the type of CDD without a precise term.
CSD Type | Maximum Duration |
|---|---|
Contract of employment concluded in place of an employee absent or whose contract of employment is suspended | End of absence of the replaced employee. The CSD can end until the day after of the day on which the replaced employee resumes. |
Contract of employment concluded in place of a company manager in the craft, industrial or commercial sector, a person engaged in a liberal activity, or a manager of an agricultural holding | End of absence of the replaced employee. The CSD can end until the day after of the day on which the replaced employee resumes. |
Contract concluded while awaiting an employee recruited on a permanent contract | 9 months |
Contract concluded in the context of a seasonal employment | End of season |
Contract executed abroad | Fulfillment of the subject matter of the contract and within the limit of 24 months |
Contract concluded in the context of employment for which it is not customary to have recourse to the CDI | Fulfillment of the subject matter of the contract and within the limit of 24 months |
Warning
a CDD without a precise term cannot be renewed.
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