Successions of fixed-term contracts : be cautious of the waiting period between each contract
Published on :
04/12/2018
04
December
Dec
12
2018
Under penalty of re-characterization of the fixed-term contract (CDD) as an indefinite term contract (CDI), usually accompanied by a claim for damages for an abusive breach, employers must allow for a period of interruption between each contract signed for the same purpose. The Labor Code provides for certain contract uses that allow to forgo the waiting period. For example, in the case of a contract for the replacement of an employee who is absent or whose contract is suspended, or when it is “customary” or for a seasonal job. The temporary increase in activity, which is a reason allowed for using a fixed-term contract, is not mentioned. Therefore, a succession of CDD, without waiting period, is lawful, "for the same employee and the same position", if each contract was concluded for one of the reasons provided for in the aforementioned text.
History
-
The saga of the Macron dismissal indemnification scale continues : a court of appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s r
Published on : 17/10/2019 17 October Oct 10 2019Newsletter / Recent Case LawOne of the Macron Orders of September 2017 established a compensation scale i...
-
Any employee exposed to a harmful or toxic substance may, under certain conditions, seek compensation from his employer, due to the obligation to ensure the safety of employees
Published on : 16/10/2019 16 October Oct 10 2019NewsNewsletter / Recent Case LawUnder French law, the “anxiety damage” helps to indemnify the situation of pe...
-
Recent case law | Challenges to the Mandatory Indemnity Scale for Unfair Dismissals
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / Recent Case LawOne of the Macron ordinances of September 2017 set up a compensation scheme i...
-
Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
-
Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
-
Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...
-
When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
-
Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
Published on : 21/01/2019 21 January Jan 01 2019NewsNewsletter / Recent Case LawA few French courts have considered that the Marcon dismissal indemnity grid...
-
Recent case law | Delivery messengers, couriers…employees? The Supreme Court says yes !
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Recent Case LawThe French Supreme Court recently handed down a very important decision for t...
-
Successions of fixed-term contracts : be cautious of the waiting period between each contract
Published on : 04/12/2018 04 December Dec 12 2018NewsNewsletter / Recent Case LawUnder penalty of re-characterization of the fixed-term contract (CDD) as an i...