CDD: duration and renewal, 14 situations to know

The renewal of a fixed-term employment is possible either because a clause in the contract provides, either by an amendment proposed to the employee before the expiry of his contract. Here are the legal framework, case-by-case basis.

the New rules of the law Rebsamen

The law relating to social dialogue and employment, published in the OJ on 18 August 2015 carries the possibility of renewal of the CDD to two times, that is, the possibility for the employer to sign a three-CDD. Only condition: do not exceed the maximum duration of 18 months, which is not changed by the act. In addition to the CDD, the contracts of temporary assignments are also affected.

The CDD or the contract of acting with a specific term can be renewed, but the ground relied on in the employment contract must always be justified.

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Attention, if the amendment to the contract of work for the renewal of the CDD is not signed by the employee, the contract can be requalified as a CDI.

The duration of renewal may be less than, greater than, or equal to that of the original contract, as long as the combined duration of the contracts does not exceed the legal framework (18 months).

note, if the employee enters into a permanent contract interim, the total duration of the mission in the company may not exceed 36 months. This measure applies to CDI interim agreements until December 31, 2018.

READ ALSO >> 11.000 CDI interim signed for three years

Three specific cases prevent the employer not to renew the CDD without cause real and serious:

1. If the employee is the victim of a work accident,

2. If the employee justifies a state of pregnancy,

This article has been updated to the 02/03/2017. MB.

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3. If the employee is part of the staff representatives, the employer must request authorization from the labour inspector to bring an end to the CDD (even if the contract has come to the end of the renewals).

This article has been updated to the 02/03/2017. MB.