In this case, an employee hired on fixed-term contracts to replace an absent employee applied to the prud' hommes for a request for reclassification to permanent contracts. As a reminder, when it is concluded for the replacement of an absent employee, the fixed-term contract must specify the name and professional qualification of the person being replaced (c. work. art. L. 1242-12).
Failing this, the contract shall be deemed to have been concluded for an indefinite period. The Court of Appeal dismissed the employee's application on the grounds that, by including the name of the person being replaced and his or her photographer's qualification in the fixed-term contracts, the employer had met the legal requirements. The Court of Cassation censors this analysis. According to her, mentioning the employment of the employee's photographer did not allow her to know her precise qualification.
The Court of Cassation confirms here a well-established jurisprudence which requires the mention of professional qualification when the fixed-term contract is concluded to replace an absent employee. It also suggests that the job held should not be confused with professional qualifications.