The contract of extra or contract of use is a CSD: titleContent a contract that allows your employer to hire you to perform a specific, temporary task.

Your employer offers you a CDD for the duration of a mission of a few hours, a day or several consecutive days.

This contract can only be used to meet one-off and immediate needs for a specific position.

The contract of extra or CSD: titleContent may be concluded if he completes the 3 cumulative conditions following:

• Industry that allows this type of contract 
• Constant use of the sector of activity not to use the contract of indefinite duration (CDI)
• Temporary nature of employment

During the term of your employment contract, you are an employee who is present in the company on an occasional and irregular basis.

In certain sectors of activity for which the DTA: titleContent is not a traditional recruitment method, it is customary and legal to use the contract of extra (CDD of use).

Outside these sectors or those covered by collective agreement or extended branch agreement, the use of the usual CDD is not permitted.

Like any other CDD, the contract of extra or CDD of use must be established in writing.

The contract must contain a precise definition of the reason for the contract. Otherwise, it can be reclassified as DTA: titleContent.

A contract must be drawn up for each assignment of the employee.

The hiring formalities are identical to those of other employment contracts.

In the case of an extra contract, the number of hours worked is not the same as in a standard contract of employment.

The minimum duration and the maximum duration working time is determined by the practices of each sector of activity.  

Your salary cannot be lower:

• at least the minimum of the professional category to which it belongs
• and the amount of remuneration received in the same company by an employee on a CDI of equivalent qualification and occupying the same functions

You have to be paid every time you do something.

However, with the agreement of your employer, you can be paid per week, fortnight or month.

A single summary pay statement can be prepared that breaks down all work when the contract duration is less than 1 month (including 2-month overlap).

Yes, you have a compensatory allowance for paid leave at the end of your contract.

The termination of the extra contract does not entitle you to the allowance for precariousness for other types of fixed-term contracts.

However, the premium can be paid if you collective agreement or a collective company agreement provides for

One waiting period is not necessary in the case of a succession of contracts with the same employee or with several employees on the same workstation.

Your extra contract may be reclassified as a CDI if the sector of activity in which you work does not provide for the use of this type of employment contract.

Your contract may also be reclassified as a CDI if the conditions of its execution are not respected.

If you feel that your extra contract should be reclassified as a CDI, you must enter the labor council (CPH).

If your request for requalification is accepted, then your employment contract is considered to be a DTA: titleContent from the date of signature of the contract of extra concluded with your employer.

In addition, you are entitled to a requalification allowance equal to the minimum of 1 month salary.

Your employer is liable to a fine of €3,750 and a fine of €7,500 and 6 months imprisonment in case of repeat offenses. For legal persons, the fine shall be multiplied by 5: either €18,750 and €37,500 in case of recurrence.