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A fixed-term contract cannot be concluded for the replacement of several employees. An employee hired on a fixed-term contract to replace an absent employee requested the reclassification of her contract as a permanent contract.

Request rejected by the trial judges who considered that the employee had not held, in the company, a permanent job different from the position of the employee she was temporarily replacing. Decision censored by the Court of Cassation.

In fact, the judges had noted that the person concerned had replaced, during her contract, another employee on paid leave. Also, applying its well-established case law in the matter (see our news of 02/07/2012: Replacement fixed-term contract : conditions of validity), the High Court recalls that a fixed-term contract cannot be concluded for replacement of several employees.

Lawyer Grégory DAMY Nice labor law 2022