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.

Tableau - Maximum duration allowed for the 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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