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Can an employer hire on a fixed-term contract (LTD)?

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

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

Employee Replacement

One CDD: titleContent may be concluded to replace an employee who is :

  • Employee temporarily absent or on contract suspended (illness, maternity, paid leave, parental leave, etc.)
  • Temporary employee part time (parental leave, leave to start or resume a company, etc.)
  • Employee who has definitively left the company and is waiting for the removal of the position

FYI  

the CSD may also be signed pending the arrival of a staff member recruited in CDI: titleContent.

It prohibit the conclusion of a DDC in the following cases :

  • To fill a post relating to the company's regular and permanent activities (to be provided in permanent posts)
  • To replace one or more striking employees
  • To carry out particularly dangerous work under special medical supervision (e.g. in the case of exposure to asbestos), except by exceptional derogation

If the CSD is concluded for a reason not provided for by law, it may be qualified by a judge.

Replacement of a self-employed person

A DDC may be established to replace one of the following:

  • Head of company
  • Person engaged in a liberal activity
  • Head of farm
  • Spouse (spouse, Civil partnership partner, partner or concubine) absent provided that he or she is actively involved in the company's or farm business

Use of the CDD is possible in case of temporary increase of the company's activity.

This may be a one-time or recurring increase (e.g., year-end parties).

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

However, the hiring of a CDD employee following a redundancy in the company remains possible in one of the following cases:

  • The CSD has a duration of less than 3 months and is not renewed
  • Exceptional export order requiring more than usual means (regardless of the duration of the CDD)

Please note

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

It prohibited to conclude a CSD in the following cases:

  • To fill a post relating to the company's regular and permanent activities (to be provided in permanent posts)
  • To replace one or more striking employees
  • To carry out particularly dangerous work under special medical supervision (e.g. in the case of exposure to asbestos), except by exceptional derogation

If the CSD is concluded for a reason not provided for by law, it may be qualified by a judge.

Use of the CDD is possible for certain activities that are by nature seasonal.

This is the case in certain sectors, including:

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

A CSD may not be entered into if:

  • To replace one or more striking employees
  • To carry out particularly dangerous work under special medical supervision (e.g. in the case of exposure to asbestos), except by exceptional derogation

If the CSD is concluded for a reason not provided for by law, it may be qualified by a judge.

The use of the DDC is possible for jobs where use precludes the use of the CDI because of the nature of the activity and the temporary nature of those jobs.

Areas of activity where the CSD or the interim is used

Missions by industry

Usage CDD

Interim

Cultural Action

Yes

Yes

Drill Activity

Yes

No

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

No

Yes

Audiovisual, film production, phonographic editing

Yes

Yes

Building and public works for foreigner sites

Yes

Yes

Leisure and Holiday Centre

Yes

Yes

Cooperation, engineering and research technical assistance to the foreigner

Yes

Yes

Move

Yes

Yes

Surveys, surveys

Yes

Yes

Education

Yes

Yes

Storage and storage of meat

Yes

Yes

Forest

Yes

Yes

Information

Yes

Yes

Hotels, catering

Yes

Yes

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

Yes

Yes

Naval Repair

Yes

Yes

Show

Yes

Yes

Professional

Yes

Yes

A CSD may not be entered into if:

  • To replace one or more striking employees
  • To carry out particularly dangerous work under special medical supervision (e.g. in the case of exposure to asbestos), except by exceptional derogation

If the CSD is concluded for a reason not provided for by law, it may be qualified by a judge.

Use of the CDD is also possible under specific contracts:

  • Insert CDD (CDDI) concluded in an integration structure through economic activity (IAE)

A CSD may not be entered into if:

  • To replace one or more striking employees
  • To carry out particularly dangerous work under special medical supervision (e.g. in the case of exposure to asbestos), except by exceptional derogation

If the CSD is concluded for a reason not provided for by law, it may be qualified by a judge.