Renewal of a fixed-term employment contract
Verified 31 July 2023 - Legal and Administrative Information Directorate (Prime Minister)
Abolition of entitlement to unemployment benefits for an employee on permanent or temporary contracts who repeatedly refuses a permanent contract
Published on 23 December 2022
Article 2 of law no. 2022-1598 of 21 december 2022 provides in certain cases for the abolition of entitlement to unemployment benefits for an employee on permanent or temporary contracts who repeatedly refuses a permanent contract.
A forthcoming decree must determine the conditions of application of this section.
The information contained on this page remains current and will be amended as soon as the text enters into force.
Can your fixed-term contract (fixed-term contract) be renewed and under what conditions? Is there a so-called deficiency between each CSD: titleContent on the same position if your work contract is renewed in the company? We present you with the information you need to know.
In principle, the purpose and effect of a fixed-term contract, whatever its motive, cannot be to prolong permanently a job linked to the company's normal and permanent activity.
If your CSD provides for a termination of contract, the end date of the contract must be indicated in your employment contract.
Warning
one CDD without a specific term cannot be renewed.
However, your CDD can be renewed 2 times only and in one of the following 2 cases :
- A clause in your agreement provides for this
- Your employer offers you a agreeable before the end of your original contract
General case
When a CDD ends, it is not possible to have recourse to a new CDD on the same position, with the same employee or another employee, before a minimum period, called waiting period.
The waiting period is the period that must elapse between the end of your fixed term and your re-employment in the same position.
In the absence of treaty provisions the waiting period varies according to the duration of your CDD, under the following conditions:
Total duration of the CSD (including renewal) | Duration of the waiting period |
|---|---|
Less than 14 days | Half the duration of the CSD |
From 14 days | 1/3 of the duration of the CDD |
The duration of the CDD is counted as calendar days.
The waiting period shall be counted in the opening days of the company or establishment concerned.
Please note
failure to comply with the waiting period shall result in the requalification of the CSD in DTA. Your employer may be ordered to pay you at least 1 month salary.
Replacement of absent employee
There is no waiting period if your fixed term 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 CDD is concluded to ensure the replacement of an employee whose employment contract is suspended.
Replacement of a seasonal employee
There is no waiting period if your fixed-term contract is concluded to fill a seasonal job or because of the temporary nature of the job.
Replacement of a head of company or person engaged in a liberal activity
There is no waiting period if your CDD is concluded to ensure the replacement of a craft, industrial or commercial company manager, a person exercising a liberal activity.
One collective agreement or a collective company agreement can set the maximum number of renewals possible for your CSDs.
The agreement or agreement may also set the total duration of your fixed term.
In the absence of a convention or agreement , renewal of your CDD is possible only if its total duration (including renewal) does not exceed the maximum allowed duration:
CSD Type | Maximum Duration |
|---|---|
General case | 18 months |
Employment contract concluded in place of an employee absent or whose employment contract is suspended | End of absence of the employee being replaced. The fixed term may end up to 18 months after the day on which the employee being replaced takes over. |
Contract of employment concluded in place of a head of craft, industrial or commercial company or a person engaged in a liberal activity | End of absence. The CDD may be terminated up to the day after the day on which the replaced employee resumes and up to a maximum of 18 months. |
Contract concluded while awaiting an employee recruited in DTA: titleContent | 9 months |
Contract concluded as part of the final departure of an employee before the abolition of his post | 24 months |
Contract in the event of a temporary increase in the company's activity | 18 months |
Contract concluded as part of an exceptional export order | 24 months |
Contract concluded for urgent work required by safety measures | 9 months |
Contract concluded in the context of a seasonal employment | End of season |
Contract executed abroad | Achievement of the subject matter of the contract and within the limit of 24 months. |
Contract to promote the employment of unemployed persons (CUI-CIE and CUI-CAE) | Duration fixed by law or regulation for each type of contract |
Contract to provide a supplement to vocational training | Duration fixed by law or regulation for each type of contract |
Contract concluded in the context of employment for which it is not customary to use the DTA: titleContent | 18 months |
Please note
failure to comply with the conditions for renewal shall result in requalification of the CSD: titleContent in DTA: titleContent.
If you continue to work for your employer at the end of your fixed-term contract even though it has not been renewed, your employment contract automatically becomes a DTA.
You then retain the seniority acquired during your CDD.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L1242-7 to L1242-9Fixing the term and duration of the contract
- Labor Code: Articles L1242-12 to L1242-13Form, content and transmission of the contract
- Labor Code: Articles L1243-5 to L1243-12Term of the contract and continuation after expiry
- Labor Code: Article L1243-13Renewal of the contract
- Labor Code: Articles L1244-3 to L1244-4-1Waiting period and successive fixed-term contracts on the same item
- Labor Code: Article L1244-1Successive contracts with the same employee
FAQ
- The fixed-term contract (CDD)Ministry of Labor