Compensation for failure to comply with the legally mandated deadline for transmitting the fixed-term contract and compensation for reclassification, which are not intended to compensate for the same harm, can be combined when the conditions for awarding both are met.
This is what the French Supreme Court (Cour de cassation) affirmed in a judgment dated March 25, 2026, 23-19.526, published in the official bulletin.
This decision should be upheld.
4) Analysis.
In the event of a request to reclassify a fixed-term contract (CDD) as a permanent contract (CDI), the request is brought directly before the labor court's judgment division, which rules on the merits within one month of being seized of the matter [1].
The compensation for failure to provide the fixed-term contract within two days and the compensation for reclassifying fixed-term contracts as permanent contracts are governed by two separate provisions in the French Labor Code.
4.1) Compensation for reclassifying fixed-term contracts as permanent contracts (Article L1245-2, paragraph 2 of the French Labor Code).
When the labor court grants the employee's request, it awards them compensation, payable by the employer, which cannot be less than one month's salary.
This provision applies without prejudice to the application of the provisions of Title III of this book, relating to the rules for terminating permanent employment contracts.
The Court of Cassation affirms that these two forms of compensation are not intended to redress the same harm.
Therefore, the employee can claim both together before the labor court.
4.2) Failure to provide the employee with the temporary work contract within two days [2].
The employment contract must be provided to the employee no later than two working days following hiring [3].
Failure to provide the employee with the temporary work contract within the timeframe stipulated by Article L1242-13 cannot, in itself, lead to reclassification as a permanent contract.
It does, however, entitle the employee to compensation from the employer, which cannot exceed one month's salary.
It should be noted that, according to Article L1242-12 of the French Labor Code, a fixed-term contract (CDD) must be in writing and clearly state its purpose. Otherwise, it is considered to be a contract of indefinite duration.
It must include, in particular:
1° The name and professional qualifications of the person being replaced when it is concluded under points 1°, 4°, and 5° of Article L1242-2;
2° The end date and, where applicable, a renewal clause when it has a specific end date;
3° The minimum duration for which it is concluded when it does not have a specific end date;
4. The job title, specifying, where applicable, whether it is included on the list of jobs presenting particular risks to the health or safety of employees as provided for in Article L4154-2, the job title or, where the contract is concluded to provide supplementary vocational training to the employee under point 2 of Article L1242-3, the nature of the activities in which the employee participates within the company;
5. The title of the applicable collective bargaining agreement;
6. The duration of any probationary period;
7. The amount of remuneration and its various components, including bonuses and salary supplements, if any;
8. The name and address of the supplementary pension fund and, where applicable, those of the employee benefits provider.
Source: Cass. soc. March 25th, 2026, 23-19.526
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Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
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