What are the rules governing fixed-term contracts? The details of Paul van Deth, lawyer specializing in labor law, within the firm Vaughan, in Paris.
franceinfo: Is there a limit on the number of fixed-term contracts that can be signed consecutively?
Paul van Deth: The subject of the CDD is extremely complicated because there are a lot of different CDDs which are governed by different rules, but what we can remember is: no more than two possible renewals.
In which cases can CDD be used?
The law provides that the CDD is an atypical, precarious contract, and therefore only leaves the possibility for the employer to have recourse to it, only in very specific cases. If you derogate from these cases, you are systematically requalified on a permanent contract. These cases mainly concern the temporary increase in activity, the replacement of an absent employee, for example during maternity or paternity leave. It can also be seasonal contracts or usage contracts.
Some collective agreements have specific provisions on CDD?
There are two exemptions. It is both the so-called Macron ordinances of 2017 which left the possibility for branch agreements to adjust the rules and to derogate from this limitation of 18 months and two renewals. There are also the sectors specified by decree, in which it is customary to resort to fixed-term contracts and there, there are specific provisions with a more flexible formalism.
Are these CDDs of use that can be accumulated without limit?
Not really unlimited, and this is the reason why CDDs are requalified, ie considered as CDIs, when it corresponds to a permanent job. By systematically having recourse to the contract of use, the judge will be able to assess whether it is indeed a recourse which corresponds to a permanent job or to a temporary need.
If these fixed-term contracts are abused, what are my rights?
You can seize the industrial tribunal, by requesting the requalification of your contract in CDI. You will be summoned directly to a judgment hearing, you will not have the preliminary conciliation phase, so it goes faster. And you can apply for a certain number of sums.
A requalification allowance is one month’s minimum salary, and the sums resulting from the break, that is to say that when you stop a CDD there is no dismissal procedure, and therefore we can seek compensation for breach of contract.
How do the judges react?
Case by case. The fixed-term contracts are very diverse, the formalisms are very precise. If there is a missing mention, it can be de facto reclassified as a CDI. When they consider that there is a CDI behind, they apply the labor code.