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In principle, a CDD can only be renewed once. The employer risks heavy penalties if he does not respect this limitation. However, be aware that there are exemptions for fixed-term and seasonal fixed-term contracts.
MAXIMUM TWO CDD
In principle, you cannot have more than two fixed-term contracts for the same position. However, the Labor Code provides two methods for combining two fixed-term contracts. First of all: renewal. In this case, the parties do not conclude a new contract but extend the initial contract. The law sets the maximum duration at 18 months. The other case is inheritance. The parties enter into a new employment contract. In this case, a so-called “waiting period” must be respected, ie a period during which it is prohibited to conclude a new fixed-term contract. The waiting period varies depending on the length of the initial contract.In both cases, the reasons for appeal and the duration of the fixed-term contract must be mentioned in the contract. Moreover,
CDD USE
Fixed-term contracts are an exception to the “no more than two fixed-term contracts” rule. It is therefore possible to accumulate fixed-term usage contracts as many times as you want. However, the company which employs the employee must belong to a specific sector of activity: entertainment, audiovisual, leisure and holiday centers. It must be constant practice that the employment in question does not involve a permanent contract. The position must be temporary in nature. There is no waiting period or maximum duration.
SEASONAL fixed-term contracts
The employer can use this type of contract as many times as he wishes to fill seasonal jobs: tourism, grape harvests, etc. But this work must be repeated cyclically, that is to say with a regular periodicity which does not result from the will of the employer. but which is linked to external, natural, technical or socio-economic constraints. Unlike the usual fixed-term contracts, the seasonal contract is not limited to any sector of activity. Seasonal contracts can be concluded with the same employee for several consecutive seasons.
PROFESSIONALIZATION CONTRACTS ON CDD
A professionalization contract is a work-study contract, which combines periods of training and practice in the world of work. It is a contract that is generally aimed at young people. In principle, it is not renewable, unless the beneficiary has been unable to obtain the desired qualification in one of the following cases: failure of exams, maternity, illness, work accident, or failure of the management organization. training. This professionalization contract has a minimum duration of 6 months and a maximum duration of 12 months.
PENALTIES INCURRED BY THE EMPLOYER
If the employer does not respect the rule of “no more than two fixed-term contracts”, the employee can refer the matter to the industrial tribunal. His contract will then automatically be reclassified as a permanent contract, and he will be able to apply the provisions relating to dismissal. He can request compensation corresponding to 1 month’s salary and severance pay. The employer is also exposed to criminal sanctions: he risks a fine of €3,750 and, in the event of a repeat offense, a fine of €7,500 and/or six months’ imprisonment.
DAMY law firm , Nice, cumulative fixed-term contract, Updated 2016.
