Unlike other types of employment contract, the CDD cannot be used freely for an employer. This type of contract is only used if a company encounters circumstances or episodes that imperatively correspond to situations provided for and authorized by the Labor Code. There are then several characteristics to take into account for the realization of this contract.
fixed term contrat : which characteristics ?
The CDD or fixed-term contract is a contract that binds an employer to one of its employees. It is to be concluded with a limited time for the completion of a specific task. There are, however, grounds accepted by law. The CDD is a mandatory written contract and sent to the employee within 48 hours of hiring at the latest. There are two types of fixed-term contract. You can have the fixed term CDD and the imprecise term CDD. The latter does not have a maximum duration, on the other hand a fixed-term fixed-term contract does not generally exceed a period of 18 months. 9 months if it is to wait for entry into service on a permanent contract or to carry out emergency work. 24 months if it is for an exceptional export order.
Le CDD : a contrat for replacement
The CDD is used to replace an employee in case of proven absence. In France, if an employee has temporarily stopped working because of a suspension of the employment contract or a temporary case (illness, leave, training, etc.). It is perfectly operational to carry out a cascade or chain replacement. This means that the employee absent from the post will be replaced by a second employee who belongs to the company and who will be transferred temporarily to the post of the absent employee. The second employee temporarily transferred will be replaced by a third employee hired by signing a fixed-term employment contract. This partial replacement is allowed, and it is similar to an employee recruited on a fixed-term contract who only occupies a few parts of the absentee’s work.
prohibitions against resorting to CDD, what’s there to know
In some cases, it is strictly forbidden to resort to CDD. If it is a replacement of one or more employees who are on strike, the CDD is inapplicable. There is also a ban on fixed-term contracts if the work to be performed is qualified as particularly dangerous and unsuitable except in the presence of special conditions. The employer can also not use the CDD if there is a temporary increase in activity in the event of redundancy that has taken place in the company. As a result, the CDD is not always applicable, there may be prohibitions and if the company breaks the law, it will be penalized. This characteristic of a fixed-term contract should not be taken lightly..