At the request of an employee with a fixed-term contract who has been with the company for a continuous period of at least six months, the employer will inform the employee of any open-ended contract positions to be filled within the company. A decree will set the terms and conditions for the application of this article.
Unless the parties agree otherwise, the fixed-term employment contract may only be terminated before expiry of the term in the event of serious misconduct, force majeure or unfitness for work certified by the occupational physician. When concluded in application of 6° of article L. 1242-2, the fixed-term employment contract may also be terminated by either party, for a real and serious reason, eighteen months after its conclusion and then on…
By way of derogation from the provisions of article L. 1243-1, the fixed-term employment contract may be terminated before expiry of the term at the initiative of the employee, where the latter provides proof of the conclusion of a permanent contract. Unless the parties agree otherwise, the employee is then required to observe a period of notice calculated on the basis of one day per week, taking into account :…
Early termination of a fixed-term employment contract at the employee’s initiative in cases other than those provided for in Articles L. 1243-1 and L. 1243-2 entitles the employer to damages corresponding to the loss suffered.
Early termination of a fixed-term employment contract at the initiative of the employer, other than in cases of serious misconduct, force majeure or unfitness for work certified by the occupational physician, entitles the employee to damages in an amount at least equal to the remuneration that he would have received until the end of the contract, without prejudice to the termination indemnity provided for in Article L. 1243-8. However, if…
A fixed-term employment contract terminates automatically on expiry of the term. When it is concluded in application of 6° of article L. 1242-2, it terminates when the purpose for which it was concluded is achieved, after a notice period of at least two months. However, this principle does not prevent the application of the provisions relating to the termination of fixed-term employment contracts: 1° Employees who are victims of an…
The suspension of a fixed-term employment contract does not prevent the expiry of the term.
When a fixed-term employment contract is concluded to replace an employee who is temporarily absent or whose employment contract has been suspended, or for a replacement carried out under 4° and 5° of Article L. 1242-2, the term of the contract initially set may be postponed until the day after the day on which the person replaced returns to work.
When, at the end of a fixed-term employment contract, the contractual employment relationship is not continued by an open-ended contract, the employee is entitled, by way of additional salary, to an end-of-contract indemnity intended to compensate for the precariousness of his situation. This indemnity is equal to 10% of the total gross remuneration paid to the employee. It is added to the total gross remuneration due to the employee. It…
With a view to improving vocational training for employees with fixed-term employment contracts, an extended branch collective agreement or agreement or a company or establishment agreement or agreement may also provide for the amount of the end-of-contract indemnity to be limited to 6%, provided that compensatory measures are offered to these employees, in particular in the form of preferential access to vocational training. In this case, the agreement or contract…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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