In the six months following a redundancy for economic reasons, it is forbidden to conclude a fixed-term employment contract for a temporary increase in activity, including for the performance of an occasional, precisely defined and non-permanent task that is not part of the company’s normal activity.
This prohibition applies to the positions affected by the dismissal in the establishment.
This prohibition does not apply
1° When the duration of the employment contract is not renewable and does not exceed three months;
2° When the contract is linked to the occurrence in the company, whether that of the main contractor or that of a subcontractor, of an exceptional export order, the size of which requires the use of resources that are quantitatively or qualitatively exorbitant from those that the company normally uses. This possibility of recruitment is subject to the prior information and consultation of the social and economic committee, if there is one.
The derogations provided for in 1° and 2° do not exempt the employer from respecting the priority of re-employment provided for in article L. 1233-45.