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Termination of a fixed-term contract (CSD)

Verified 22 June 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The fixed-term contract (fixed-term contract) is terminated either because it is coming to an end or because it is subject to an early termination. Termination of the CSD may result in compensation payments.

On the contract date

Contract Term

The CSD shall automatically terminate at the scheduled end of the employment contract.

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

Warning  

where the employee maintains his employment after the expiry of the CSD when no renewal agreement has been foreseen, the contract becomes CDI.. The employee shall retain the seniority acquired during the DDC. The duration of the DDC shall be deducted from the trial period, if any, provided for in the CDI.

Contract term carry forward

The term of the CDD initially fixed may be postponed when the CDD was concluded to replace an employee temporarily absent or whose contract was suspended.

Deferral is possible until the day after the day on which the person replaced returns to office.

Principle

The employee is entitled to a termination indemnity (said precarity premium) when the DDC is completed.

Warning  

if the CSD is reclassified as a CDI (i.e. transformed into a CDI by the judge), the termination indemnity remains due.

Where the employee does not receive the allowance

Termination indemnity is not due in the following cases:

Amount

Termination allowance shall be at least 10% the total gross remuneration paid during the contract.

However, this percentage may be limited to 6% by an extended branch collective agreement or agreement (or by agreement or agreement of undertaking or establishment). 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 allowance shall be paid at the end of the contract together with the last salary. It must be on the payslip corresponding.

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

The employer must provide the employee with the following documents:

Early Break

The employee may terminate his employment contract during the test period for no particular reason.

Outside the trial period, the CDD may be terminated prior to the scheduled term only in the following cases ::

  • Agreement between employer and employee
  • Employee's request for a permanent contract (permanent contract). To avoid any difficulty, the employee may indicate in writing the breach of contract and provide proof of the intended hiring (e.g., a promise of employment or a contract of employment)
  • Serious misconduct
  • Major Force
  • Unfitness recognized by the occupational doctor

Warning  

if it is a protected employee, the breach of contract may take place only after authorization by the labor inspector.

Termination due to permanent hiring

If the employee breaks the DDC due to permanent employment, the employee must comply with a notice (unless the employer waives this).

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

  • The total duration of the CSD, including renewal, when it has a specific end date
  • The duration of the period, when there is no specific term

The count shall be made in working days..

In both cases, the notice cannot exceed 2 weeks.

Breaking of mutual agreement

If the employer and the employee decide to break the CSD by mutual agreement, it is not mandatory to provide notice. If they decide to negotiate an advance notice, they can freely define the duration.

In certain cases of early termination of the CSD, allowances shall be paid to the employee or damages are due to the employer.

Compensation shall not be paid if the termination of the CSD occurs during the trial period.

At the initiative of the employer

Apart from authorized cases, if the employer breaks the CSD 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

Apart from authorized cases, if the employee breaks the CSD in advance, he must pay the employer damages corresponding to the injury suffered.

Please note

in the event of breach of contract on account of force majeure, the employee shall be entitled to compensation. The amount of the allowance shall be equal to the remuneration which he would have received until the end of the contract.

The employer must provide the employee with the following documents: