Article L1243-6 of the French Labour Code
November 8, 2023
The suspension of a fixed-term employment contract does not prevent the expiry of the term.
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…
The end-of-contract indemnity is not due: 1° When the contract is concluded under 3° of article L. 1242-2 or article L. 1242-3, unless there are more favourable contractual provisions; 2° Where the contract is concluded with a young person for a period during their school or university holidays; 3° When the employee refuses to accept the conclusion of a permanent employment contract for the same or a similar job, with…
Where the contractual employment relationship continues after the expiry of the fixed-term contract, the latter becomes a contract of indefinite duration. The employee retains the seniority acquired at the end of the fixed-term contract. The duration of the fixed-term contract is deducted from any trial period provided for in the new employment contract.
Where the employer proposes that the contractual employment relationship be continued after the expiry of the fixed-term contract in the form of an open-ended contract for the same or a similar job, with at least equivalent remuneration for equivalent working time, falling within the same classification and without any change in the place of work, the employer will notify the employee of this proposal in writing. If the employee refuses,…
Notwithstanding the provisions of articles L. 1242-8 and L. 1242-8-1 relating to the duration of the contract, when an employee holding a fixed-term employment contract is exposed to ionising radiation and when, at the end of his contract, this exposure exceeds the annual limit value in relation to the duration of the contract, the employer shall offer him an extension of the contract for a period such that the exposure…
An agreement or an extended branch agreement may set the maximum number of renewals possible for a fixed-term employment contract. This number may neither have the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company. The conditions for renewal are stipulated in the contract or are the subject of an amendment submitted to the employee before the term initially provided…
In the absence of a stipulation in the agreement or branch agreement concluded in application ofarticle L. 1243-13, the fixed-term employment contract may be renewed twice for a fixed term. The duration of the renewal or, where applicable, of the two renewals, added to the duration of the initial contract, may not exceed the maximum duration provided for by the stipulations of the agreement or branch agreement concluded in application…
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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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