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Compliance with legal obligations The case mentioned concerns an employee who was hired under a fixed-term contract to replace an absent employee. The employee filed an appeal with the prud’hommes, seeking requalification as a permanent contract .
Requalification in CDI: Legal requirements and Jurisprudence:-
In accordance with the law, when a fixed-term contract is concluded with a view to replacing an absent employee, it must specify the name and professional qualification of the person replaced (article L. 1242-12 of the Labor Code ) . The absence of mention of this information makes the contract deemed concluded for an indefinite period.
Clarification of the distinction: job held or professional qualification: –
The Court of Appeal rejected the employee’s request, finding that the employer had met the legal requirements by mentioning the name and professional qualification of the photographer replaced in the fixed-term contracts.
However, the Court of Cassation does not share this reasoning. According to the Court, the mere mention of the employment of the photographer without specifying his precise qualification does not satisfy the requirement to include the professional qualification in the contract.
The Court of Cassation reaffirms well-established case law which requires the mention of the professional qualification when a fixed-term contract is concluded to replace an absent employee. It emphasizes the importance of not confusing the job occupied with the professional qualification.
This judgment of the Court of Cassation reinforces the principle of law and clarifies the conditions of fixed-term contracts in such replacement situations. It emphasizes the importance of precisely specifying the professional qualification of the absent employee in order to comply with the law.
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