In France, the contrat de travail à durée indéterminée (CDI - permanent employment contract) constitutes the normal and general form of the employment relationship. The contrat à durée déterminée (CDD - fixed-term employment contract) can only be an exception, strictly regulated by the Code du travail (French Labour Code) to meet a temporary need of the company. When an employer uses a CDD outside the boundaries set by law, the employee is entitled to ask the Conseil de prud'hommes (French labour tribunal) to reclassify (requalification) their contract into a CDI. This procedure, which is formidable for employers and highly protective of employees, obeys very precise substantive and formal rules that must be mastered to assert your rights.
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French legislation sets out a fundamental principle: a CDD, regardless of its reason, cannot have the purpose or effect of permanently filling a job related to the normal and permanent activity of the company (Article L. 1242-1 of the Code du travail). If this rule or other formal conditions are not respected, reclassification into a CDI is a matter of right.
A CDD must be concluded for one of the specific reasons set out by law (Article L. 1242-2 of the Code du travail), notably:
If the reason indicated on the contract does not correspond to one of these cases, or if it turns out to be false, the contract is subject to reclassification. Furthermore, it is strictly forbidden to conclude a CDD to replace a striking employee or to carry out particularly dangerous work (Article L. 1242-6 of the Code du travail).
A CDD is a formal contract. According to Article L. 1242-12 of the Code du travail, it must be in writing and contain specific details (the precise definition of its reason, the name and professional qualification of the person being replaced, the expiry date of the term, the duration of any trial period, the amount of remuneration, etc.).
The absence of the employee's or employer's signature, or the total absence of a written contract, is equivalent to the absence of a CDD: the contract is then irrebuttably presumed to be a CDI.
The employer has a maximum period of 2 working days (jours ouvrables) following the hiring to transmit the written and signed contract to the employee (Article L. 1242-13 of the Code du travail). The day of hiring and Sundays do not count towards this deadline. If this deadline is exceeded, the employee can obtain the reclassification of their contract into a CDI, along with compensation.
Unless otherwise specified by collective branch agreements (accords de branche), the maximum duration of a CDD, including renewals, is generally 18 months (Article L. 1243-13 of the Code du travail). It can be reduced to 9 months or extended to 24 months in certain very specific cases.
Additionally, a CDD can only be renewed a maximum of 2 times, unless a collective agreement (convention collective) applicable to the company provides for a different number of renewals. If the contract continues beyond the initial term without a renewal amendment (avenant), or exceeds the maximum legal duration, it automatically becomes a CDI.
To prevent employers from chaining CDDs indefinitely for the same job position, the law imposes a "waiting period" (délai de carence), which is a mandatory waiting period before being able to rehire an employee on a CDD for the same position.
This period is calculated based on the duration of the previous CDD (including renewals):
If the employer rehires for the same position before the expiry of this waiting period (excluding legal exceptions such as replacing an employee who is absent again), the contract can be reclassified into a CDI.
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If you believe that your CDD does not comply with legal rules, you can take steps to have your contract reclassified. Here is the step-by-step procedure:
Before taking any action, gather all supporting documents:
You can send a registered letter with acknowledgment of receipt (lettre recommandée avec accusé de réception - LRAR) to your employer to point out the irregularity (for example, the absence of a written contract after 3 days of work) and request an amicable reclassification of your contract into a CDI. If the employer agrees, an amendment transforming the CDD into a CDI will be signed.
In the event of a refusal or silence from the employer, you must refer the matter to the competent Conseil de prud'hommes (usually the one where your work is performed).
The referral is made by sending a petition form to the court registry. For this specific procedure, you benefit from an accelerated process known as "direct referral to the judgment court" (saisine directe devant le bureau de jugement). The case bypasses the classic conciliation stage: the tribunal must theoretically rule within 1 month of the referral (Article L. 1245-2 of the Code du travail).
During the hearing, you (or your lawyer / union representative) will present your legal arguments. If the judge grants your request, they will order the reclassification of the CDD into a CDI starting from the date of the first irregular contract and order the employer to pay various indemnities.
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To act effectively, it is essential to keep in mind the figures and deadlines set by French law:
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To better understand the financial implications of a reclassification, here are two practical cases inspired by real situations brought before the courts.
Sofia is hired as a waitress in a restaurant on June 1st. Her employer promises her a 3-month CDD for the summer season. Overwhelmed with work, the employer forgets to have her sign her contract. Sofia receives her written contract on June 15th, 14 days after her first day of work, with a monthly salary of €2,000 gross.
Sofia refuses to sign this late contract and refers the matter to the Conseil de prud'hommes to request reclassification into a CDI.
Jean works as an IT technician in an IT services company. He is given two successive CDDs for the same job position to cope with a temporary increase in activity:
The employer only left a 9-day gap between the two contracts.
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If you are considering requesting the reclassification of your contract, make sure you do not make these classic mistakes, which could weaken your case:
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If you request reclassification while still in your post, your employer cannot dismiss you for this reason. If they terminate your contract in retaliation for your legal action, this termination will be considered null and void (violation of a fundamental freedom, namely the right to take legal action). You can then demand reinstatement in the company or very substantial damages for null and void dismissal (licenciement nul).
The reclassification indemnity is a sum of money that the judge orders the employer to pay you for violating the rules governing the use of CDDs. Its minimum amount is set by Article L. 1245-2 of the Code du travail at 1 month's salary (calculated on the average of the last months' salaries or on the salary stipulated in the contract). The judge may decide to award a higher sum if you prove that the damage suffered is greater.
No. The Cour de cassation applies a highly protective principle for the employee: the end-of-contract allowance (known as indemnité de précarité) remains acquired by the employee even if the CDD is subsequently reclassified into a CDI by the court. The employer cannot request its reimbursement, as this allowance was received at a time when the employee was in a precarious situation.
Yes, absolutely. Customary CDDs (CDD d'usage or CDDU, common in events, hospitality, catering, or entertainment) and seasonal CDDs are subject to strict rules. If the employer uses a customary CDD for a job that is actually permanent, or if they automatically renew a seasonal contract from year to year to cover a continuous activity of the company, the judge will order the reclassification into a CDI.
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