CDD: meet a specific and temporary need
The use of a fixed-term contract (CDD) is strictly regulated by the Labor Code. It is forbidden to use fixed-term contracts to fill permanent jobs.
In particular, a fixed-term contract can be used for:
the replacement of an absent employee; seasonal or customary employment; or in the event of a temporary increase in activity. Fixed-term contract: assessment of the reality of the temporary increase in activity
Temporary increase in activity is defined as a time-limited increase in the normal activity of your business, for example an exceptional order. To deal with this, you can have recourse to a fixed-term contract for temporary increase in activity (Labor Code, art. L. 1242-2).
In the event of a dispute, you must establish the reality of the reason.
For example, you must provide evidence proving the temporary increase in normal activity so that the judges can assess the reality of this increase at the time of the conclusion of the fixed-term employment contract.
In the case ruled by the Court of Cassation, an employee, hired on a fixed-term contract for temporary increase on a telephone platform, requested the reclassification of his contract into an indefinite contract. The
