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Termination of a fixed-term contract

Verified 26 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The CSD terminates at the end or because it is subject to an early break. Termination of the CDD may result in the payment of compensation. Certain documents must be given to the employee by the employer at the end of the CSD.

On the scheduled date

Expected end of contract

The contract of employment is automatically terminated at the scheduled end of the contract of employment.

If the contract is suspended (sick leave, maternity leave, etc.), the end date of the CDD is not postponed, except exception.

Warning  

if the employee retains his or her employment after the end of his or her fixed term of employment when no renewal agreement has been provided for, the contract becomes a CDI. The employee then retains the seniority acquired during the CDD. The duration of the CDD shall be deducted from any trial period provided for in the CDI.

Deferral of termination of contract

The termination of the CDD may be postponed when the CDD has been concluded to replace an employee temporarily absent or whose contract was suspended.

The postponement is possible until the day after the day on which the person replaced resumes his duties.

Principle

The employee is entitled to an end-of-contract allowance (so-called precarious premium) when the CSD comes to an end.

Warning  

if the CDD is reclassified as a CDI (i.e. converted into a CDI by the judge), the employee receives the termination indemnity.

Cases where the employee does not receive the allowance

The termination indemnity shall not be payable in the following cases:

Amount

Termination pay is equal to at least 10% the total gross remuneration paid during the contract.

However, this percentage may be limited to 6% by collective agreement.

In this case, compensation must be offered to the employee, in particular in the form of privileged access to vocational training (training action, skills assessment).

Payment

The compensation is paid at the end of the contract at the same time as the last salary.

The allowance must be shown on the pay slip correspondent.

In the event of renewal of the CSD, the compensation shall be paid at the end of the last contract.

The employer must provide you with all of the following:

Before

The employee may terminate his employment contract during the trial period without any particular reason.

Outside the trial period, the CDD may be terminated before the scheduled time only in one of the following cases :

  • Agreement between employer and employee
  • Employee's request for proof of permanent employment (CDI). To avoid any difficulties, the employee may indicate in writing the termination of the contract and provide proof of the planned hiring (e.g. promise of employment or contract of employment)
  • Serious misconduct
  • Force majeure
  • Incompetence established by the occupational doctor

Warning  

if it is a protected employee, the contract may be terminated only after authorization by the labor inspector.

Breakdown due to hiring on a permanent contract

If the employee breaks the CDD due to a CDI hiring, the employee must respect a notice (unless the employer waives).

The period of notice shall be calculated at the rate of 1 day per week, taking into account:

  • The total duration of the CSD, including renewal, where it has a specific end date
  • Or the duration of the operation, if it does not include a precise term

The count shall be made in working days.

In the 2 cases, the notice cannot exceed 2 weeks.

Breakdown by mutual agreement

If the employer and the employee decide to terminate the CSD by mutual agreement, there is no obligation to provide for notice.

If they decide to negotiate a notice, they can freely define the length of the notice.

In some cases of early termination of the CSD, compensation is paid to the employee or damages are due to the employer.

Compensation shall not be paid if the CDD breaks during the trial period.

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At the initiative of the employer

Outside the permitted cases, if the employer breaks the fixed term in advance, the employee is entitled to damages.

The amount shall be at least equal to the remuneration he would have received until the end of the contract.

At the initiative of the employee

Outside the permitted cases, if the employee breaks the CDD in advance, he must pay the employer damages corresponding to the damage suffered.

Please note

in the event of termination of the contract on account of force majeure, the employee shall be entitled to a compensatory allowance. The amount of this allowance shall be equal to the remuneration he would have received until the end of the contract.

The employer must provide you with all of the following:

Who can help me?

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  • Telephone administrative information - Allo Public Service

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