Specificities of dismissal on a fixed-term contract
The CDD is framed differently from the CDI in terms of dismissal. You cannot license:
- for economic reasons;
- for personal reasons.
Indeed, the fixed-term contract is an agreement for a position over a given period which can only be terminated in specific cases. For his part, the employee cannot resign, unless he proves that he is leaving the contract for a permanent contract.
However, there are a few cases that allow dismissal on a fixed-term contract.
Types of layoffs possible on fixed-term contracts
An employer can dismiss his employee in the following cases:
- case of force majeure;
- serious or gross negligence;
- incapacity of the employee.
It must be exceptional and unpredictable conditions such as climatic events or deterioration of the premises.
The employer does not have to carry out specific formalities but must pay compensation to the employee at least equal to the amount of the remuneration provided for in the contract.
Gross or serious fault
The serious or gross negligence must be proven by the employer. It must be a matter of major disciplinary or contractual breaches making it impossible for the employee to remain at his job. It is up to the employer to prove them.
Incapacity of the employee
The incapacity must be certified by an occupational physician. In this case, the employer must prove that he cannot adapt the position or offer a more suitable position or that the employee has not accepted a change of position. Here, he owes him precariousness and severance pay.
Any breach may lead to proceedings before the industrial tribunal for unfair dismissal or without real and serious cause.
The employer and the employee can finally negotiate a departure by mutual agreement to end the CDD before its initial date. This is an early termination. The agreement must be written, clear and unequivocal.
The employer will still have to pay severance pay to the employee.
Professionals at your service:
- Lawyer or jurist
- Labour Court