Limited time contract

See also: CDD

In France, in Law the labor, a limited time contract has (or CDD ) is a Work contract for which an employer (company, Entreprise) recruits a Salarié for one limited duration.

The CDD imperatively is written and transmitted to paid in the 48H of its initial engagement; in the event of litigation on the chronology of the facts, it would be up to the employer to prove that he had satisfied this obligation of " transmission" within the assigned legal delay.

If a formal requirement is not filled, the employer exposes himself to a legal requalification in TDCI: this results from an irrefragable presumption, i.e. which does not admit the contrary proof.

This contract can be precise in the long term (the fixed contract a completion date of contract) or vague in the long term in certain circumstances (for example while waiting for the final recruitment of a person, or the return of a leave disease or maternity of an employee).

A work contract can be concluded for one limited duration only for one from the cases of recourse limitativement enumerated by the law ():

replacement of an employee,
temporary increase in activity,
employment in seasonal matter or for which, in certain sectors, it is of constant use not to resort to the work contract at unlimited duration because of the nature of the carried on activity and the character by temporary nature of this type of employment.

In all the cases, the contracts can have neither as an aim, nor for effect, to durably provide an employment related to the normal activity with the company ().

The maximum duration for a CDD is generally 18 months (9 months when it is on standby of a final recruiting, the immediate execution of urgent work; 24 months when they are contracts abroad, the replacement of a station having to disappear, the exceptional order with export, an apprenticeship contract). The trial period for a CDD is of 1 day per week within the two weeks limit when the contract is lower or equal to 6 months and a month when the contract is higher than 6 months.

Renewal: once and under certain conditions (precise in the long term contracts, total duration should not exceed the legal duration, the conditions of the renewal can be specified in the first contract and is, in all assumptions, necessarily materialized by an endorsement).

The Intérim is a form of work of which the duration is determined, however, the French right makes the distinction between CDD and Intérim. The interim is different in the direction where the company contracts with the company of interim (the contract of provision) and the employee (contract of mission). The trial period is often fixed by the collective agreements, but a legal maximum exists (2 days for a one month old contract, 3 days for a 2 month old contract, 5 days for a one higher duration old contract). Renewal: these contracts can follow one another on different stations, provided that it is about a licit case of recourse.

The term “limited time contract” was introduced by the law nº79-11 of the January 3rd 1979. The current form of the limited time contract goes back to 1990.

CDD and vacations: the example of private college education

The use of the CDD in the establishments of private college education rests on the conditions of common right, although the use of vacation must current. However, vacation does not have, in itself, of legal status.

CDD senior

The interprofessional agreement of October 13rd, 2005 envisages the creation of a CDD specific to the old unemployed of more than 57 years, with in particular the progressive abolition from here 2010 of the Contribution Delalande, a tax which the companies must pay which lay off of paid of more than 50 years, to enable them to supplement their retirement pensions.

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