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Permanent contract priority If you regularly work for a company on a fixed-term or temporary basis, are you given priority for permanent recruitment? Is the employer free to hire whoever he wants?
No, there is no priority
There is no permanent hiring priority , regardless of the type of contract and regardless of the position. The employer is therefore free to hire whoever he wants. Even if you work regularly for the company, you do not have priority rights for any job creation or permanent replacement. Furthermore, there is no obligation on the employer to inform employees on fixed-term contracts and temporary workers of their desire to recruit internally. The only exceptions: if the case has been expressly provided for by the collective agreement, company agreements and specific practices. But these are very rare cases.
The reclassification of a CDD into a CDI
Faced with a lack of priority in obtaining a permanent position (CDI), people can consider requesting the reclassification of their CDD into a CDI. However, it is important to note that such a conversion is only possible under specific conditions. One of these conditions is that the use of fixed-term contracts leads to employment permanent position of a person in a role linked to the regular and long-term activities of the company. Requalification is also applicable if irregularities exist in the fixed-term contract, such as unclear terms, irregular minimum or maximum durations, or non-compliance with renewal conditions. It is crucial to recognize that an employer cannot always rely on fixed-term contracts as standard workforce management practice.
To pursue reclassification from a fixed-term contract, individuals must assess whether their employment situation meets the criteria set out above. If the use of fixed-term contracts indicates a permanent need as part of the usual operation of the company, or if the fixed-term contract itself presents irregularities, it may be possible to request reclassification as a permanent contract.
Irregularities in fixed-term contracts can arise in various ways. For example, if the contract lacks precision as to the duration of the term, if the specified duration falls outside the legally permitted limits or if the renewal conditions set out in the contract are not respected. These irregularities undermine the legitimacy of fixed-term contracts as temporary contracts and justify a request for reclassification.
It is essential to understand that the requalification process depends on individual circumstances and the applicable labor laws of the jurisdiction. Seeking legal advice or consulting a specialist professional can provide advice tailored to your specific situation and ensure compliance with applicable regulations.
By challenging the misuse of fixed-term contracts and seeking requalification, individuals can assert their rights and seek fair treatment in their employment. The aim is to prevent employers from exploiting fixed-term contracts as a common way of managing their workforce, ensuring that workers enjoy the necessary job security and stability that ‘they deserve.
In summary, the reclassification of a CDD into a CDI is possible under certain conditions. These include cases where the use of fixed-term contracts leads to permanent employment in functions linked to the regular and long-term activities of the company or where irregularities are present in the fixed-term contract. Individuals should evaluate their unique circumstances and consult with legal professionals to effectively navigate the requalification process. In doing so, individuals can challenge the misuse of fixed-term contracts and fight for fair treatment in their employment.
