Summary
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There are 7 possible cases of recourse to the CDD contract.
Replacement of the absent employee
The fixed-term employee then replaces an employee of the company during the suspension of his employment contract.
This suspension may be due to: illness, paid leave, training as part of a CIF, etc.
This contract may possibly start before the absence of the employee to be replaced and end no later than two days after the return of the absent employee.
The name of the replaced employee must must appear on the contract.
Note: it is possible for a company to recruit a fixed-term employee to replace an absent fixed-term employee, the “replacement” is replaced.
For the final departure of an employee before the abolition of his position
This concerns the deletion of a position following technical changes or cessation of activity.
The agreement of the works council or, by default, of the staff representatives is required.
Example :
Departure of the employee Mr. A. on 15/01/N and scheduled deletion of the position on 15/02/N. It will be possible to conclude a CDD for the period 15/01 to 15/02/N
Waiting for the entry into service of the new incumbent
A company recruits an employee on a permanent contract, but wants this employee to be trained for 2 months before taking up his duties. Pending the taking up of duty by the employee on a permanent contract, the company will be authorized to recruit a temporary employee during these 2 months.
Temporary increase in activity
This is the fairly common case, the company must be aware that it will eventually have to justify that there is indeed an increase in activity in the event of control by the labor inspectorate, for example.
Seasonality of the activity
Seasonal work is work that is normally called to repeat each yearon roughly fixed dates, depending on the rhythm of the seasons or collective lifestyles.
In the agricultural sector, this involves work related to harvesting and packaging.
In the tourism sector, this may concern leisure centres, shops in tourist resorts.
Example :
An employee at the Eiffel Tower checkout whose job is indeed “seasonal”, because the Court of Cassation has recognized the existence of a seasonal activity either during school holidays or during the 5 months of high tourism activity .
Usage jobs
The list of usual jobs is governed by article D 1242-1 of the Labor Code.
For example:
- logging;
- ship repair;
- the moving ;
- hotels and restaurants, leisure and holiday centres;
- professional sports;
- shows, cultural action, audiovisual, film production, phonographic publishing;
- teaching.
Hiring within the framework of the employment policy
This concerns subsidized contracts such as the CUI (Unique integration contract).
Note the 4 forbidden cases which are :
- replace striking employees;
- carry out particularly dangerous work subject to special medical supervision;
- respond to a temporary increase in activity after economic dismissal, for a period of 6 months from the notification of the dismissal in question;
- use a fixed-term contract for a position that could have been filled by a permanent job.
Content updated on 01/07/2012
Our tips:
Find more information in the book “Abécédaire social et pays 2009” (Editions INDICATOR) by Pierre-Jean Fabas.