Rights of employees under fixed-term employment contracts (fixed-term contracts)

The employee on a fixed-term contract is integrated into the company throughout the term of his contract in the same way than other employees on a DTA.

Employee on fixed terms is considered in the company's workforce as a proportion of its time present during the Last 12 months.

However, the employee on a fixed-term contract is not taken into account in the company's workforce if he replaces an employee temporarily absent or an employee whose employment contract is suspended.

The working time arrangements are the same for an employee on a fixed-term contract as for other employees of the company on a fixed-term contract.

This applies to the following provisions:

• Hours of work
• Night work
• Weekly rest
• Public holidays
• Holidays (certain specific rights apply when accrued days of leave cannot be taken)

The salary of an employee on fixed-term contracts may not be less than the amount of remuneration received in the same company by an employee on permanent contracts of equivalent professional qualification and occupying the same functions.

An employee on a permanent contract benefits from the same wage benefits as the company employee on a permanent contract.

This applies in particular to the following advantages:

• Reimbursement of the cost of transport (employer participation)
• Catering (canteen, restaurant titles)
• Access to care (health complementary)
• Wage Savings (participation and profit-sharing)

Yes, the employee on a fixed-term contract shall benefit from the same company facilities made available to the employee on a fixed-term contract (for example, shower, nursery).

The employee on a permanent contract has the same collective rights as the company employee on a permanent contract.

This applies to the following rights:

• To vote or stand for election in staff representatives
• Exercise your trade union right
• Benefit from the CSE benefits (this benefit may, however, be reserved for employees with a long service of employmentat least 6 months, according to the collective agreement or the extended branch agreement applicable in the company).

An employee on a fixed-term contract has a right to training under certain conditions.

If the employee on a permanent contract so requests, the employer informs him of the permanent contract positions to be filled within the company.

To do this, the employee must prove continuous seniority in the company of employmentat least 6 months.

The employer then provides in writing the list of vacant permanent contracts corresponding to the professional qualification of the employee.

The employer must communicate this list to the employee in a 1-month period from receipt of the request.

Depending on the nature of the CDD at the end of the contract, the employee may or may not benefit an end-of-contract indemnity.

At the end of his CSD, if an employee has not taken all of his days of paid leave, then the days of paid leave not taken shall be paid as of compensatory leave with pay.