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Can an employer hire on a fixed-term contract?

Verified 28 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

A fixed-term contract (fixed-term contract) must not have as its object to provide a permanent job linked to the company's normal and permanent activity. A fixed-term contract may be concluded only for the performance of a specific and temporary task. The use of the CSD is also foreseen, subject to conditions, in certain sectors of activity.

Replacement of employee

One CSD: titleContent can be concluded to replace an employee who is :

  • Employee temporarily absent or whose contract is suspended (sickness, maternity, paid leave, parental leave, etc.)
  • Employee provisionally increased to part-time (parental leave, leave to start or resume a company, etc.)
  • Employee who has permanently left the company and is waiting for the position to be abolished

FYI  

the CDD may also be signed pending the arrival of an employee recruited in DTA: titleContent.

He is prohibits the conclusion of a DTC in the following cases :

  • To fill a post linked to the normal and permanent activity of the company (intended to be insured under a CDI)
  • To replace one or more striking employees
  • To carry out work which is particularly dangerous and which is subject to special medical surveillance (in the case of exposure to asbestos, for example), unless there is an exceptional derogation

If the CDD is entered into for a reason not provided for by law, it may be requalified in a DTA by a judge.

Replacement of a self-employed person

A CDD may be entered into to replace one of the following:

  • Head of company
  • Person engaged in a liberal activity
  • Farm manager
  • Spouse (husband or wife, Civil partnership partner, common-law partner or common-law partner) absent provided that he actively participates in the activity of the company or holding

Recourse to the CDD shall be possible in the event of a temporary increase in the company's activity.

This may be a one-time or recurring increase (e.g., holiday season).

In case of economic dismissal, it is forbidden to conclude a CDD within 6 months of the economic dismissal.

However, the hiring of an employee on a fixed-term contract following an economic dismissal in the company remains possible in one of the following cases:

  • The CSD shall be for a period of less than 3 months and shall not be renewed
  • Exceptional export order requiring the implementation of more than usual means (regardless of the duration of the CDD)

Please note

in the event of a dispute, the employer must prove the existence of the temporary increase in activity. The judge assesses the merits of the hiring on a case-by-case basis and may consider it to be a regular and permanent activity of the company.

He is forbidden conclude a DTA in the following cases:

  • To fill a post linked to the normal and permanent activity of the company (intended to be insured under a CDI)
  • To replace one or more striking employees
  • To carry out work which is particularly dangerous and which is subject to special medical surveillance (in the case of exposure to asbestos, for example), unless there is an exceptional derogation

If the CDD is entered into for a reason not provided for by law, it may be requalified in a DTA by a judge.

The use of the CSD is possible for certain activities which are seasonal in nature.

This is the case in some sectors, including:

  • Tourism (e.g. commercial activities in ski resorts or seaside resorts)
  • Agriculture and agri-food industry (e.g. crops)

It is forbidden to conclude a CDD in the following cases:

  • To replace one or more striking employees
  • To carry out work which is particularly dangerous and which is subject to special medical surveillance (in the case of exposure to asbestos, for example), unless there is an exceptional derogation

If the CDD is entered into for a reason not provided for by law, it may be requalified in a DTA by a judge.

The use of the CDD is possible for jobs where use excludes the use of the CDI because of the nature of the activity and the temporary nature of these jobs.

Tableau - Areas of activity where the CSD or acting is the practice

Missions by Business Line

CDD of use

Interim

Cultural action

Yes

Yes

Fair activity

Yes

No

Technical or logistical assistance in international institutions or in the European Union provided for by the Treaties

No

Yes

Audiovisual, cinema production, phonographic publishing

Yes

Yes

Building and public works for construction sites abroad

Yes

Yes

Leisure and holiday center

Yes

Yes

Cooperation, engineering technical assistance and research abroad

Yes

Yes

Moving

Yes

Yes

Surveys, polls

Yes

Yes

Teaching

Yes

Yes

Storage and storage of meat

Yes

Yes

Logging

Yes

Yes

Information

Yes

Yes

Hotels and restaurants

Yes

Yes

Scientific research under an international agreement (convention, administrative arrangement)

Yes

Yes

Ship Repair

Yes

Yes

Show

Yes

Yes

Professional Sport

Yes

Yes

It is forbidden to conclude a CDD in the following cases:

  • To replace one or more striking employees
  • To carry out work which is particularly dangerous and which is subject to special medical surveillance (in the case of exposure to asbestos, for example), unless there is an exceptional derogation

If the CDD is entered into for a reason not provided for by law, it may be requalified in a DTA by a judge.

The use of the CSD is also possible under specific contracts:

It is forbidden to conclude a CDD in the following cases:

  • To replace one or more striking employees
  • To carry out work which is particularly dangerous and which is subject to special medical surveillance (in the case of exposure to asbestos, for example), unless there is an exceptional derogation

If the CDD is entered into for a reason not provided for by law, it may be requalified in a DTA by a judge.

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