Renewal of a Fixed-Term Employment Contract (SDC)
Verified 06 August 2021 - Legal and Administrative Information Directorate (Prime Minister)
A fixed-term contract (CSD) may be renewed by attractive under certain conditions. The CDD: titleContent shall provide for a renewal clause following the initial contract. A deadline deficiency is also planned between each CDD on the same position in the company. A CSD can only be renewable twice in the same company.
A CSD, for whatever reason, may not have the object or effect of prolonging a job linked to the company's normal and permanent activity.
If the CSD provides for termination, the termination date must be indicated in the CDD.
The CSD can be renewed 2 only.
one CDD: titleContent without a specific term, therefore, cannot be renewed.
However, renewal of the CDD is possible in one of the following 2 cases:
- There is a clause in the CSD
- One attractive is offered to the employee before the end of his contract
the amendment must be proposed to the employee before the end of the contract.
When the contract continues after the end of the CDD, the CDD automatically transforms into CDI: titleContent.
The employee then retains the seniority acquired during his/her CSD.
When a DDC terminates, it is not possible to use a new DDC on the same position, with the same or another employee, for a minimum period of time called waiting period.
Replacing an absent employee
There is no waiting period if the DDC is concluded to ensure the replacement of a temporarily absent employee.
Replacement of an employee whose employment contract is suspended
There is no waiting period if the CSD is concluded to ensure the replacement of an employee whose employment contract is suspended.
Seasonal or temporary nature of employment
There is no waiting period if the CSD is established to fill a seasonal job or because of the temporary nature of the job.
Replacement of a Head of company or a person engaged in a business
There is no waiting period if the CSD is concluded to ensure the replacement of a handcrafted, industrial or commercial company head of a person engaged in a liberal activity.
A collective agreement or a branch agreement may set the maximum number of possible renewals of the DDC.
The convention or branch agreement may also fix the total duration of the CSD.
In the absence of an agreement or a branch agreement, the renewal of the CDD is only possible if its total duration (including its renewal) does not exceed the maximum authorised duration:
non-compliance with the renewal conditions shall result in requalification of CDD: titleContent in CDI: titleContent.
- Labour Code: Articles L1242-7 to L1242-9Term and duration of contract
- Labour Code: Articles L1242-12 to L1242-13Form, content and transmission of contract
- Labour Code: Articles L1243-5 to L1243-12Contract Term Due and Post Due
- Labour Code: Article L1243-13Contract Renewal
- Labour Code: Articles L1244-3 to L1244-4-1Successive waiting time and CDD on the same position
- Labour Code: Article L1244-1successive DDCs with the same employee
- The fixed-term contract (CSD)Ministry of Labour