Book II: Employment contracts

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…

In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-3, this waiting period is equal to: 1° One third of the duration of the expired contract if the duration of the contract including, where applicable, its renewal(s), is fourteen days or more; 2° Half of the duration of the expired contract if the duration of the contract including, where applicable, its…

Without prejudice to the provisions ofarticle L. 1242-1, an agreement or an extended branch agreement may stipulate the cases in which the waiting period provided for inarticle L. 1244-3 is not applicable.

In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-4, the waiting period does not apply: 1° Where the fixed-term employment contract is concluded to replace an employee who is temporarily absent or whose employment contract has been suspended, in the event of a further absence of the replaced employee; 2° When the fixed-term employment contract is concluded to carry out…