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.
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:
- Insertion DTC (CDDI) concluded in a structure of insertion by economic activity (IAE)
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.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
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Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
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- Labor Code: Articles L1242-1 to L1242-4Cases of recourse to a CDD
- Labor Code: Articles L1242-5 and L1242-6Prohibitions
- Labor Code: Article D4154-1Hazardous Work List
- Labor Code: Articles D4154-2 to D4154-6Hazardous work (derogations)
- Labor Code: Article D1242-1Seasonal jobs
- Decree n°2019-1388 of 18 December 2019 defining the sectors of activity authorized to implement the experiment on the replacement of several employees by a single employee on fixed-term contractsReplacement of several employees by a single employee on fixed-term contracts
- Hiring Cost Simulator
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