Conclusion of fixed-term employment contract (CSD)
Verified 24 September 2019 - Directorate for Legal and Administrative Information (Prime Minister)
The fixed-term employment contract (fixed-term contract) must be drawn up in writing and contain a number of mandatory particulars. It must be sent to the employee within 2 days of hiring. Failure to comply with this deadline shall not, in itself, lead to the re-qualification of the CDD: titleContent in CDI: titleContentbut entitles the employee to compensation.
The CSD must be:
- Written in French
- Signed by the employee
The absence of one or more of these conditions shall result in requalification by a judge of the CDD in CDI.
if the employee is a non-emancipated minor, the legal representative is necessary.
The CSD must include a clear indication of its reason, for example:
- Replacement of an employee
- Temporary increase in activity
- Or seasonal employment
The absence of a clear definition of the reason for the DDC leads to its requalification by a judge on permanent leave.
the appeal at the CDD are limited.
The contract of employment shall contain the following information concerning the duration of the contract:
- Contract Start and End Dates
- Clause renewal if the CSD is to be extended
- Minimum duration if the contract does not contain precise term
- Duration of test period
the weekly working time shall be compulsory if the employee works at part time..
The contract of employment must include the following information concerning the position occupied by the employee:
- Workstation designation
- Name and professional qualification of the replaced employee in the case of a replacement
The details of the remuneration shall be included in the contract, namely:
- Amount (which may not be less than the amount that would be received by another employee of the company in permanent service, with equivalent qualification and position)
- Composition (premiums, increases, allowances, benefits in kind, etc.)
Certain collective rights applicable to the employee must be specified in the contract:
- Title of applicable collective agreement
- Name and address of the supplementary pension fund
- Name and address of the provident organization if the undertaking is affiliated
- Title and references of the collective agreement establishing the contract, if Object-defined CDD
The employment contract must be transmitted to the employee at the latest within 2 business days after hiring.
Failure to comply with this deadline does not, in itself, lead to the re-qualification of the CDD as a permanent. But the employee is entitled to an allowance, to be paid by the employer, equal to a maximum of one month's salary.