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Contracts & Requalification The Court of Cassation recalls that an employer cannot use fixed-term contracts (CDD) or temporary assignments to permanently fill a position linked to the regular and permanent activities of the company. This principle was reaffirmed in a recent case where an employee had worked as a toll collector for a motorway company, being employed under 32 successive precarious contracts, consisting of 19 fixed-term contracts followed by 13 temporary assignments, on a duration of 18 months .
Prohibition of Systematic Use of Fixed-Term Contracts and Interim Assignments:-
The employee requested the requalification of these contracts and assignments into a permanent contract (CDI) from the start of his commitment to the company. The Court of Cassation ruled in favor of the employee, considering that throughout the fixed-term contracts and temporary assignments, the employee systematically carried out the same tasks, possessed the same qualifications and received the same salary. Although the contracts were separated by intervals, it was evident that the employee had been employed directly in the regular and ongoing operations of the business for a substantial period.
Requalification of Contracts and Assignments: Employee Rights and Legal Consequences:-
It is important to note that when a fixed-term contract is reclassified as an indefinite-term contract after its expiry, it entails specific compensation in the form of a requalification indemnity, as well as severance pay and damages for dismissal. unjustified if necessary. The employee may also be entitled to a precariousness allowance.
This information, provided by Cabinet DAMY in 2022, underlines the importance of respecting the appropriate contractual provisions and avoiding the misappropriation of fixed-term contracts or interim assignments for positions to be filled on a permanent basis. It reminds employers to comply with labor laws and regulations regarding proper classification and duration of employment, ensuring fair treatment and job security for employees.
