Publié le 12/12/2025

French Labour law - Fixed-term contract (CDD) – Lack of a stated reason for use in a fixed-term contract: the employee can obtain an advance payment on the reclassification compensation in summary proceedings

Article juridique - Droit du travail

By virtue of the powers conferred upon it by Article R1455-7 of the French Labor Code and without violating Article L1245-2 of the same code, a Court of Appeal, ruling in summary proceedings, awarded an employee an advance payment on the reclassification compensation, after finding that the fixed-term contract did not comply with the provisions of Article L1242-2 of the French Labor Code since the reason for its use was not specified therein, from which it followed that the existence of the employer's obligation was not seriously contestable.

This is what the Court of Cassation affirmed in a judgment of November 27, 2025 (23-12.503) published in the official bulletin.

This ruling should be upheld.

1) Analysis.

A fixed-term contract (CDD) can be concluded for one of the reasons listed in Article L1242-2 of the French Labor Code: replacement of an employee, temporary increase in activity, customary use of a position, etc.

If the reason for using a fixed-term contract is not specified, it is automatically reclassified as a permanent contract (CDI), which entitles the employee to a reclassification allowance of at least one month's salary.

The reason for using a fixed-term contract must be precise.

The French Supreme Court (Cour de cassation) reclassified a fixed-term contract as a permanent contract due to the imprecision of the reason for using a fixed-term contract stated in the contract (Cass. Soc. 9 June 2017, No. 15-28.599). The Court of Appeal had ruled that this contract was concluded to cover the absences of a permanent employee, Ms. Y..., a switchboard operator, during the holiday period, noting that the contract stated as its reason "successive partial replacements during the paid summer holidays."

In this case, in its judgment of May 27, 2022, the Douai Court of Appeal observed that the fixed-term contract was concluded for "in-home childcare," which the Court of Cassation considers equivalent to the absence of a valid reason for using a fixed-term contract within the meaning of Article L1242-2 of the French Labor Code.

After finding that the fixed-term contract did not comply with the provisions of Article L1242-2 of the French Labor Code because the reason for its use was not specified, the Court of Cassation concluded that the employer's obligation was not seriously contestable.

The fixed-term employment contract must be in writing and include a precise definition of its purpose. Failing this, it is deemed to be a contract of indefinite duration (Article L1242-12 of the French Labor Code).

The employee may obtain an advance payment on the reclassification compensation.

The Court of Cassation published the ruling in its official bulletin to establish a principle.

Article L1242-12 of the French Labor Code stipulates that 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 expiry date and, where applicable, a renewal clause when it includes a specific term;

3. The minimum duration for which it is concluded when it does not specify a precise 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 provided for in Article L4154-2, the job title or, when 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. In practice, employees can go directly to the main hearing before the judgment panel, which must, in principle, rule within one month pursuant to Article L1245-2. This is as fast as summary proceedings.

Why is there an expedited procedure directly before the judgment panel? The initiators of this legislation wanted to allow companies to offer a permanent contract while the case is being heard by the judgment panel. However, some labor courts are overwhelmed and do not summon parties within one month. In such cases, summary proceedings can be an option.

Journalist

performing arts professionals

temporary workers

To read the full article, click on the link below.

https://www.village-justice.com/articles/absence-mention-motif-recours-dans-cdd-salarie-peut-obtenir-refere-une,55364.html

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

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644