The fault justifying the early termination of a CDD must have been committed during the performance of this contract
Publié le 25 août 2023 - Directorate for Legal and Administrative Information (Prime Minister)
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Early termination of a fixed-term contract (fixed-term contract) is possible in the event of serious misconduct, provided that it was committed during the performance of that contract. The fault committed during previous fixed-term contracts cannot justify an early termination of the current contract. This is what the Court of Cassation said in a judgment delivered by the Social Chamber on March 15, 2023.
An employee and her employer have signed three successive agreements. During the 3e And finally, the employer found that the employee had committed several mistakes during the execution of the first two contracts. He therefore decided to early terminate the employee's last contract. The latter shall bring the matter before the court so that the early termination of 3e CDD is declared illegal.
The Court of Appeal condemns the employer and finds the early termination of the contract to be abusive. It maintains that the misconduct alleged against the employee had been committed before the conclusion of 3e CDD and no failure was found in the execution of the contract. The employer appealed to the Court of Cassation and contended that he was not aware of the misconduct until after the conclusion of the thirde CDD.
The Court of Cassation dismisses the appeal. It considers that the employer cannot justify the early termination of the CSD on the basis of misconduct committed during the performance of two previous contracts.
Thus, only serious misconduct committed during the performance of the current contract may justify its early termination.
