Summary
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Duration of a CDD: the general case
In general, a CDD is only valid if:
- the maximum duration is 18 months (with some exceptions);
- only one possible renewal;
- a waiting period must be observed between two CDD contracts.
CDD and harvest contract
What you need to know about the harvest contract:
- maximum duration: 2 months over a period of 12 months;
- each contract is limited to 1 month;
- only contract also accessible to employees on paid leave;
- the grape harvest contract concerns the work of preparation, picking, carrying huts and maintenance of machines linked to the grape harvest;
- on the other hand, the harvest contract does not concern the pruning or treatment of the vines.
CDD and seasonal contract
The main elements of the seasonal contract:
- seasonal work is work which is normally called upon to be repeated each year, on a roughly fixed date, according to the rhythm of the seasons or collective lifestyles;
- in all cases, the seasonal work contract cannot be less than 1 month nor more than 9 months;
- employees are excluded from the monthly payment law allowing them to obtain a supplement from the employer in the event of sick leave;
CDD to carry out urgent work
Main facts:
- maximum duration: 9 months;
- this concerns urgent work required by safety measures.
Waiting for the entry into service of the new incumbent
Conditions :
- maximum duration: 9 months;
- this contract allows the company to have an employee in a position while the newly recruited incumbent is in training.
For an order intended for export
As part of an export order, a CDD is only possible under the following conditions:
- maximum duration: 24 months;
- minimum duration: 6 months;
- this concerns an order of an exceptional nature intended for export or a contract whose execution is carried out abroad.
Departure of an employee before abolition of his position
The conditions are:
- maximum duration: 24 months;
- minimum duration 6 months.
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 or the social and economic committee (CSE) is required.
Fixed-term fixed-term contract
The fixed-term fixed-term contract has the following elements as its scope:
- contract established by the LMMT law (Labour Market Modernization Law) of June 25, 2008;
- contract created for an experimental period of 5 years;
- maximum duration: 36 months;
- minimum duration 18 months;
- this contract only concerns executives and engineers;
- a branch collective agreement or a company agreement is required to conclude this contract.
Replacement CDD
What you need to know about the replacement CDD:
- it is a special contract because its renewal is possible beyond the legal standards;
- the cumulative duration of replacement fixed-term contracts may therefore exceed the common law duration of 18 months;
- on the other hand, each of the contracts entered into cannot exceed 18 months.
Our tips:
For more information, you can consult our sheet dedicated to the different case of recourse to fixed-term contracts.
