Definition of breach of CDD contract
The termination of the CDD contract, which is also called “early termination” occurs before the end of the CDD contract. When the CDD contract ends as planned, we say that it has come to an end.
Possible early terminations of a CDD contract
The CDD contract can be terminated, without detrimental consequences for one of the parties in the following 4 cases:
1. At the request of the employee to occupy a permanent contract
The employee must then respect a deadline which is 1 day per week of seniority (the calculation is made over the duration of the contract) with a maximum of 2 weeks of delay. if the CDD was concluded with a specific term.
Example 1: Employee C has just found a CDI contract in the course of a CDD contract, he is currently on an 8-week CDD contract, he works 5 days a week, from Monday to Friday inclusive.
The maximum period to be observed will be 8 days, it is less than the maximum duration of 10 days.
Example 2: Employee D has just found a CDI contract in the course of a CDD contract, he is currently on a 12-week CDD contract, he works 5 days a week, from Monday to Friday inclusive.
The maximum period to be observed will be 10 days (initial calculation indicated 12 days but capped at 2 weeks).
1 day / week (calculation on the work carried out) with a maximum of 2 weeks of delay if the CDD was concluded without a specific term (case of a replacement CDD for example).
Example : Employee D has just found a CDI contract in the course of CDD, he is currently on a CDD contract of 8 weeks, he has already completed 3 weeks of contract.
The maximum period to be observed will be 3 days, it is less than the maximum duration of 10 days.
2. With the agreement of both parties
The employee and his employer agree on the termination.
3. In case of force majeure
What is considered a case of force majeure is:
- an unforeseeable event;
- an insurmountable event;
- an event unrelated to the company that is the victim.
Early termination by the employer will then be considered justified, but it should be noted that the employee would be entitled to a compensatory indemnity corresponding to the remuneration he would have received if he had been present. (Article L 1243-4 of the Labor Code)
4. In the event of serious or gross negligence by the employee
Serious or gross negligence on the part of the employee is that which makes it impossible for the employee to remain in the company. It is normal for the rupture to be pronounced then.
Unjustified terminations of fixed-term contracts
Terminations are qualified as unjustified when they are not provided for in the 4 eligible cases and must be considered in the event of termination by the employee or the employer.
If the employee is at the origin of the unjustified termination, the termination entitles the employer to damages corresponding to the damage suffered as indicated in article L 1243-3 of the Labor Code.
If the contract is broken by the employer in an unjustified way, it is important to know the sanctions which can be imposed on him.
Before the start of the contract:
If the contract is terminated even before the start of performance of the contract (this is possible if a letter of engagement or a promise of employment has been drawn up), the employer will be obliged to pay damages ( minimum amount: wages for the entire contract) as well as the precariousness premium calculated on the entire contract.
When the contract is started:
If the contract has started, the employer will have to pay damages (minimum amount: wages for the entire contract) plus the precariousness bonus calculated on the entire contract, plus compensation for paid leave (only for the period already worked).
It is therefore important to be familiar with the accepted cases of breach of contract in order to avoid such inconveniences!
Content updated on 02/07/2012