Can a job be filled on a sustainable basis with fixed-term contracts and employment contracts?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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Employment in catering, trainers in education, forestry workers, carers... Even in sectors of activity where it is a constant practice to use a contract of employment or a fixed-term contract, the employment relationship must remain temporary. Otherwise, the contract may be reclassified as a contract of indefinite duration, with the financial consequences that entails. That is what the Court of Cassation has just recalled.
Hired in 2006 as a docker, and after more than 200 assignment contracts, an employee's employment relationship continues in 2013 under fixed-term contracts of use.
When his last contract ended in 2014, he brought an action before the tribunal prud’homale for the reclassification of the contract as a contract of indefinite duration.
In the employer's view, the temporary nature of the employment relationship stems in particular from the activity itself carried out, because of the fluctuating nature of maritime traffic.
The Cour de Cassation, like the Cour d'appel before it, takes the view, on the other hand, that, although it is a constant practice for this activity to have recourse to a temporary or fixed-term employment contract, such contracts cannot permanently fill a post connected with the normal and permanent activity of the company.
It dismisses the appeal. The employment relationship shall be reclassified as a contract of indefinite duration.