When a fixed-term employment contract expires, neither a fixed-term contract nor a temporary employment contract may be used to fill the position of the employee whose contract has expired, before the expiry of a waiting period calculated on the basis of the duration of the contract including, where applicable, its renewal(s). The days taken into account to assess the period that must separate the two contracts are the days on which the company or establishment concerned is open.
Without prejudice to the provisions ofarticle L. 1242-1, an agreement or an extended branch agreement may set the terms for calculating this waiting period.