Can an employer hire on a fixed-term contract?
Verified 10 July 2025 - Directorate of Legal and Administrative Information (Prime Minister)
A fixed-term contract must not be intended to provide permanent employment linked to the company's normal and permanent activity. A fixed-term contract can only be concluded for the performance of a specific and temporary task. The use of fixed-term contracts is also provided for, subject to conditions, in certain sectors of activity. We present you the conditions of conclusion of a fixed-term contract.
A fixed-term contract may be concluded to replace an absent employee or an absent non-employee.
Replacement of an employee
One FIXED-TERM CONTRACT: titleContent may be entered into to replace an employee who is in one of the following cases:
- Employee temporarily absent or whose contract is suspended (sick leave, maternity leave,, parental leave, for example)
- Employee temporarily switched to part-time (parental leave, leave to create or resume a company, for example)
- Employee who has left the company permanently and pending the abolition of the position he held.
FYI
The fixed-term contract can also be signed pending the arrival of an employee recruited in DTA: titleContent.
He is prohibits the conclusion of a fixed-term contract in the following cases :
- To fill a position linked to the regular and permanent activity of the company (intended to be insured on a permanent contract)
- To replace one or more striking employees
- To carry out particularly dangerous work subject to special medical supervision (in the event of exposure to asbestos, for example), unless exceptionally exempted.
Warning
If the fixed-term contract is concluded for a reason not provided for by law, it may be requalified on a permanent contract by a judge.
Replacement of a self-employed person
A fixed-term contract may be concluded to replace one of the following:
- Head of company
- Person engaged in a liberal activity
- Farm manager
- Absent spouse (spouse, partner of Civil partnerships, common-law partner or common-law partner) provided that he or she actively participates in the activity of the company or operation.
The use of the CDD is possible in the event of a temporary increase in company activity.
It may be an increase one-time or recurring (e.g. holiday season).
In case of economic redundancy, it is forbidden to conclude a fixed-term contract in 6 months following the economic dismissal. However, the hiring of a fixed-term employee following a layoff in the company remains possible in one of the following:
- The fixed-term contract has a duration of 3 months and is not renewed
- Exceptional export order requiring the implementation of means more than usual (regardless of the duration of the FTC)
Please note
In the event of a dispute, the employer must prove the reality of the temporary increase in activity. The judge assesses the merits of the hiring on a case-by-case basis and may consider it to be a regular and ongoing activity of the company.
Reminder
He is prohibits the conclusion of a fixed-term contract in the following cases :
- To fill a position linked to the regular and permanent activity of the company (intended to be insured on a permanent contract)
- To replace one or more striking employees
- To carry out particularly dangerous work subject to special medical supervision (in the event of exposure to asbestos, for example), unless exceptionally exempted
Warning
If the fixed-term contract is concluded for a reason not provided for by law, it may be requalified on a permanent contract by a judge.
The use of a fixed-term contract is possible for certain activities that are by nature seasonal.
This is the case in some sectors, including:
- Tourism (e.g. commercial activities in ski resorts or seaside resorts)
- Agriculture and agri-food industry (e.g. crops)
He is prohibits the conclusion of a fixed-term contract in the following cases :
- To fill a position linked to the regular and permanent activity of the company (intended to be insured on a permanent contract)
- To replace one or more striking employees
- To carry out particularly dangerous work subject to special medical supervision (in the event of exposure to asbestos, for example), unless exceptionally exempted
Warning
If the fixed-term contract is concluded for a reason not provided for by law, it may be requalified on a permanent contract by a judge.
The use of fixed-term contracts is possible for jobs where the use excludes the use of permanent contracts because of the nature of the activity and the temporary nature of those posts.
Areas of activity where the CDD of use or the acting contract is possible are the following
Missions by sector of activity | CDD of use | Acting |
|---|---|---|
Cultural action | Yes | Yes |
Fairground activity | Yes | No |
Support activity of the armed forces abroad (provision of services, foodstuffs and miscellaneous goods) | Yes | Yes |
Technical or logistical assistance in international institutions or in the European Union provided for in the Treaties | No | Yes |
Audiovisual, film production, phonographic edition | Yes | Yes |
Building and public works for construction sites abroad | Yes | Yes |
Recreation and holiday center | Yes | Yes |
Public health center located in areas with a shortage of doctors | Yes | Yes |
Cooperation, engineering and research technical assistance abroad | Yes | Yes |
Moving | Yes | Yes |
Surveys, polls | Yes | Yes |
Teaching | Yes | Yes |
Meat storage and storage | Yes | Yes |
Logging | Yes | Yes |
Information | Yes | Yes |
Hospitality, catering | Yes | Yes |
Scientific research under an international agreement (convention, administrative arrangement) | Yes | Yes |
Naval Repair | Yes | Yes |
Show | Yes | Yes |
Professional sport | Yes | Yes |
He is prohibits the conclusion of a fixed-term contract in the following cases :
- To fill a position linked to the regular and permanent activity of the company (intended to be insured on a permanent contract)
- To replace one or more striking employees
- To carry out particularly dangerous work subject to special medical supervision (in the event of exposure to asbestos, for example), unless exceptionally exempted
Warning
If the fixed-term contract is concluded for a reason not provided for by law, it may be requalified on a permanent contract by a judge.
The use of fixed-term contracts is possible in the context of so-called employment contracts specific, in particular for the following fixed-term contracts:
- Insertion fixed-term contract (CDDI) concluded in an integration structure through economic activity (IAE)
- Professionalization and apprenticeship contracts
- CDD with a defined object
- Senior fixed-term contract
- Harvest contract
He is prohibits the conclusion of a fixed-term contract in the following cases :
- To fill a position linked to the regular and permanent activity of the company (intended to be insured on a permanent contract)
- To replace one or more striking employees
- To carry out particularly dangerous work subject to special medical supervision (in the event of exposure to asbestos, for example), unless exceptionally exempted
Warning
If the fixed-term contract is concluded for a reason not provided for by law, it may be requalified on a permanent contract by a judge.
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Use of a fixed-term contract
Prohibitions
List of hazardous work
Hazardous work (derogations)
Seasonal jobs
Replacement of several employees by a single employee on a fixed-term contract
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