Can an employer hire on a fixed-term contract?
Verified 22 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The purpose of a fixed-term contract must not be 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. We present the conditions for concluding a CDD.
A fixed term contract may be concluded to replace an absent employee or a absent self-employed person.
Replacement of employee
One CSD: titleContent may be entered into to replace an employee who is in one of the following situations:
- Employee temporarily absent or whose contract is suspended (sick leave, maternity leave, parental leave, for example)
- Employee provisionally increased to part-time (parental leave, time off to create or resume a company, for example)
- Employee who has permanently left the company and is awaiting the abolition of the post he occupied.
FYI
The CDD can 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.
Warning
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.
It may be an increase one-off or recurring (e.g. end-of-year celebrations).
In case of redundancy, it is forbidden to conclude a CDD in the 6 months following the economic redundancy. However, it is still possible to hire an employee on a permanent contract following an economic dismissal in the company any of the following:
- The duration of the CSD is less than 3 months and is not 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.
Reminder
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
Warning
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)
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
Warning
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 recourse to CDI because of the nature of the activity and the temporary nature of these jobs.
Areas of activity where the CDD of use or the temporary employment contract is possible:
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 |
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
Warning
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 in the context of so-called employment contracts specific, in particular for the following CSDs:
- Insertion DTC (CDDI) concluded in a structure of insertion by economic activity (IAE)
- Professionalization and apprenticeship contracts
- Professional Security Agreement (CSP)
- CDD with defined object
- Senior CSD
- Harvest contract
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
Warning
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
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you belong to the ministry responsible for labor.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
The service is available at the following times:
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Cases of recourse to a CDD
Prohibitions
Hazardous Work List
Hazardous work (derogations)
Seasonal jobs
Replacement of several employees by a single employee on fixed-term contracts
Simulator