[IS IT POSSIBLE TO INDEFINITELY RENEW FIXED-TERM CONTRACTS?]

[EMPLOYMENT LAW - HEALTH - EMPLOYMENT CONTRACT - CARE ASSISTANT - FIXED-TERM CONTRACT - REQUALIFICATION]

🚨 Is it possible for an employee to hold a series of fixed-term contracts indefinitely without the contract being requalified as a permanent contract?

The French Labour Court will have to answer this question.

According to the 27 February 2024 issue of Le Parisien, a 60-year-old care assistant working in a private clinic was dismissed due to a ‘reorganisation and an alleged behavioural problem’, after having accumulated at least 530 fixed-term contracts over 17 years, with an average working time of 80%. Her lawyer is seeking to have her employment reclassified as an indefinite-term employment contract.

⚖️ The  indefinite-term employment contract (CDI) is the standqrd form of employment relationship.

By way of exception, and only in the cases expressly authorised by law, a fixed-term contract (CDD) or a hybrid employment contract may be used. Obligations to comply with formalities are required in order to prevent the systematic and abusive use of these types of contract against the employee. Failure to comply with the conditions strictly governing the use of these exceptional arrangements could result in the contract being requalified as an indefinite-term employment contract.

⚠ Abusive use of fixed-term contracts may result in the fixed-term contract being reclassified as a permanent contract under certain conditions.

When the French Labour Court decides to requalify a fixed-term contract as an indefinite-term employment contract, the fixed-term contract is cancelled in favour of an indefinite-term employment contract effective immediately and retroactively from the employee's date of hire. The employer also pays the employee a requalification indemnity. In this case, the employee may be reinstated within the company. Alternatively, the employee may be entitled to compensation for dismissal on personal grounds and damages for any loss suffered as a result of unfair termination of the employment contract, payable by the employer.

✅ Employers are therefore advised to check the conditions under which the exception schemes apply.

See the above-mentioned publication: https://www.leparisien.fr/economie/loire-atlantique-une-aide-soignante-de-60-ans-remerciee-apres-avoir-cumule-530-cdd-en-17-ans-27-02-2024-CWXIQEGGOBDY5F7OZ5W2GWBY3Q.php

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