Fixed-term contracts and principle of equal treatment in France
| Autor | David Jonin - Vincent Alazard |
| Cargo | Attorney, Partner, Gide Loyrette Nouel, Paris - Master 2 DPSE Student, University Paris 1. Apprentice at Gide Loyrette Nouel, Paris |
| Páginas | 14-29 |
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FIXED-TERM CONTRACTS AND PRINCIPLE OF EQUAL TREATMENT IN
FRANCE
David Jonin
Attorney, Partner, Gide Loyrette Nouel, Paris
Vincent Alazard
Master 2 DPSE Student, University Paris 1
Apprentice at Gide Loyrette Nouel, Paris
Introduction
A fixed-term employment contract (or CDD) is an employment contract by which an
employer (company, enterprise, etc.) recruits an employee for a limited period of time.
Such contracts may only be concluded for the performance of a specific temporary task,
and only in situations set out by law. For example, a fixed-term employment contract may
be concluded: to replace an employee who is absent or provisionally working part time
(parental leave, etc.), or to replace an employee who has not yet taken up his/her position.
Such contracts may also be concluded in the event of a temporary increase in the activity
of the company, for seasonal work or for State-assisted employment within the
framework of employment support measures1.
Fixed-term contract is tolerated in France only for specific and temporary task but it is
also submitted to strict rules. Indeed, all fixed-term contracts must be in writing and
should contain all the mandatory clauses of an indefinite-term contract. Moreover, fixed-
term contracts must be signed by the employee within two days of the start date.
Fixed-term contract is notably criticized in France because it represents a precarious
employment. This is why, the French regulations regarding fixed-term contracts have for
main purpose to compensate the precariousness of worker employed for a fixed-term
period.
Non-compliance with any of these rules will allow the employee to claim the benefits
from an indefinite-term contract and can also lead to criminal sanctions2.
1 Articles L. 1242-1 TO L. 1242-4 of the French Labour Code.
2 Articles L. 1245-1 AND L. 1245-2 of the French Labour Code.
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1. Is it possible to subscribe a temporary or fixed-term contract? Also to carry out
the company’s permanent needs or activities?
It is possible to subscribe fixed-term contracts in France, however recourse to fixed-term
employment contracts is strictly defined by law.
a) Law that rules fixed-term contracts
The fixed-term contract is regulated by the French labour Code, at the articles L. 1241-1
to L. 1248-11 and at the articles D. 1242-1 to D. 1242-7.
More precisely, the fixed-term contract is legal if it respects a special drawing-up.
It must, in particular, indicate3: the name and qualifications of the replaced employee (in
case the fixed-term contract is concluded to replace an employee); the end date of the
contract and, when appropriate, a renewal clause minimum period of duration for
contracts that do not specify a term; the workstation occupied by the employee; the
applicable collective agreement; the duration of the trial period in case such is envisaged;
the remuneration and its various components.
b) Fixed term contract and company’s permanent needs
The fixed-term contract, that respects clauses and articles mentioned, must also have a
defined objective.
Nonetheless, the law prohibits certain objectives to recourse to a fixed-term contract. By
example, pursuant to the article L. 1242-1 of the French labour Code: “fixed-term contract
may neither have the purpose nor the effect of permanently filling a job that is related to
the employer’s normal and permanent business activity”.
2. Which fixed-term contracts exist?
A company can only have recourse to fixed-term contracts in certain cases and to achieve
certain objectives. These cases are defined by the article L. 1242-2 of the French labour
Code:
3 Article L. 1242-12 of the French Labour Code.
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