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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.

Warning  

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

Please note

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.

General case

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:

Maximum allowed duration of CDD

CDD Type

Maximum

General case

18 months

Contract of employment concluded in place of an absent or whose contract of employment is suspended

18 months

Work contract concluded in place of a person engaged in a professional activity

18 months

Contract concluded while waiting for an employee recruited CDI: titleContent

9 months

Contract concluded in the context of the final departure of an employee before the termination of his post

24 months

Contract in case of temporary increase of company activity

18 months

Contract for an Exceptional Export Order

24 months

Contract for urgent work required by security measures

9 months

Contract for seasonal employment

End of season

Contract executed on foreigner

24 months

Contract to promote the hiring of unemployed persons (CUI-CIE and CUI-CAE)

Duration established by law or regulation for each type of contract

Contract to ensure vocational training

Duration established by law or regulation for each type of contract

Contract concluded in the course of employment for which it is not customary to use CDI: titleContent

18 months

Please note

non-compliance with the renewal conditions shall result in requalification of CDD: titleContent in CDI: titleContent.