Use of fixed-term contract for replacing an employee
Publié le 8 July 2022
Frequently Asked Questions
We have just recruited an employee to replace an employee who has resigned. But, due to the notice to be given to his former employer, this newcomer will start his position only in two months. While waiting for his arrival, can we hire another employee on a fixed-term contract?
Yes, absolutely. You are allowed to hire on a fixed-term contract (CDD) pending the effective taking of a position of an employee you have recruited on a permanent employment contract (CDI).
However, the fixed-term contract is destined to a temporary replacement, which means at the end of the term the position must not be vacant! If, instead, a fixed-term contract is concluded to occupy a permanent activity and the position becomes vacant at the end of the fixed-term, this shows that the employer diverted the purpose of the fixed-term contract, and the judge may give the fixed-term contract the status of a permanent contract.
In practice: The fixed-term contract must mention the name and qualification of the resigning employee and the name and qualification of the newly recruited employee.
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