Termination of a fixed-term contract

Verified 22 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What happens when your fixed-term employment (fixed-term employment) contract comes to an end? Can you collect compensation? We present you with the regulations to know depending on whether your CSD ends on or before the scheduled date.

End of CSD on schedule

Your CDD is ending automatically on the date stipulated in your employment contract.

If your contract is suspended (sick leave, maternity leave, etc.), the end date of your fixed term is not postponed.

There is, however, a exception in the event of a work stoppage (non-occupational or occupational disease or accident at work).

Warning  

if you continue your contract of employment at the end of your employment contract when no renewal agreement has been provided for, your contract becomes a CDI. You retain your seniority acquired during the CSD. The duration of your CDD is deducted from any trial period provided for in the CDI.

The end of your contract of employment may be postponed when your contract of employment has been concluded to replace an employee who is temporarily absent or whose contract was suspended.

Postponement is possible until two days after the day on which the person replaced resumes his duties.

You are entitled to an end-of-contract indemnity (referred to as precarious premium) when your CDD comes to an end.

However, you do not collect termination indemnity in the following cases :

Termination pay is equal to at least 10% the total gross remuneration paid during your contract.

However, this percentage may be limited to 6% by collective agreement.

In this case, you must be offered compensation, in particular in the form of privileged access to vocational training (training action, skills assessment).

The compensation is paid at the end of your fixed term simultaneously than your last salary.

The amount of the allowance must be shown on your pay slip.

The employer shall provide the employee with the following documents:

Please note

When anwage savings is set up in the company, the employer provides the employee, at the end of the employment contract, with a summary statement of the sums saved.

Your employer may offer to sign a DTA: titleContent at the end of your CDD.

The proposal has to be made in writing by letter with RAR: titleContent, by hand-delivered letter against discharge, or by any other means giving a certain date of receipt, before the end of your fixed term.

Your employer must tell you how much time you have to think back.

You are entitled to refuse this offer but your employer will have to inform France Travail (formerly Pôle emploi) if the proposed DTA contains all of the following elements:

  • the proposed position is identical or similar to the one held on fixed-term contracts
  • the proposed remuneration is at least equivalent to that received on fixed-term contracts
  • working time shall be equivalent to that under fixed-term contracts
  • the proposed position falls under the same classification
  • the workplace remains the same

Please note

Failure to reply means refusal of the CDI's proposal.

Your employer has a deadline ofone month to inform France Travail of your refusal of a DTA from the date of the refusal.

Your employer must inform France Travail by paperless means on the platform provided for this purpose:

Procedure to inform France Travail of the refusal by an employee of a proposal for a DTA following the conclusion of a DTA or a contract of assignment

This obligation has applied since 1er january 2024.

France Travail will inform you subsequently of the consequences of the refusal of CDI on the opening of your rights to Return to Employment Assistance (RWA).

Warning  

THE ARE may not be granted to a jobseeker who, within 12 months before the end of his/her fixed term, has refused 2 DTA proposals.

Completion of the CSD before the scheduled date

You can terminate your employment contract during the trial period without any particular reason.

Outside the trial period, the CSD may be terminated before its scheduled end but only in one of the following cases :

  • You have the agreement of your employer
  • Your request is justified by a permanent contract (CDI). To avoid any difficulties, you can provide your employer with proof of the planned hiring (promise of hire or contract of employment, for example).
  • Serious misconduct
  • Force majeure
  • Incompetence established by the occupational doctor

Warning  

if you are a protected employee, the contract may be terminated only after authorization by the labor inspector.

Sample letters are available:

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Early break following a permanent contract hire

Early termination of the CDD following a hiring on CDI

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Your contract expires because of a contract hire

If you terminate your contract because of a contract hire, you must comply with a notice (unless your employer exempts you).

The period of notice shall be calculated at the rate of 1 day per week, taking into account:

  • The total duration of the CSD, including renewal, where it has a specific end date
  • Or the duration of the operation, where it does not include a precise term

The count shall be made in working days.

In the 2 cases, the notice cannot exceed 2 weeks.

Your contract ends with the agreement of your employer

If you decide with your employer to terminate your contract by mutual agreement, it is not not obligatory to provide for notice.

If you and your employer decide to give notice, you and your employer are free to determine the length of notice.

In certain cases of early termination of the CSD, compensation is paid to you or you must pay damages to your employer.

Please note

Compensation shall not be paid if the CDD breaks during the trial period.

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Your CSD ends at the initiative of your employer

Outside of the permitted cases, if your employer terminates your contract in advance, you are entitled to damages.

The amount is at least equal to the remuneration you would have received until the end of your contract.

Your CSD ends at your initiative

Outside of the permitted cases, if you terminate your contract in advance, you must pay your employer damages corresponding to the damage suffered.

Please note

in the event of termination of the contract on account of force majeure, you are entitled to a compensatory allowance. The amount is at least equal to the remuneration you would have received until the end of your contract.

The employer shall provide the employee with the following documents:

Please note

When anwage savings is set up in the company, the employer provides the employee, at the end of the employment contract, with a summary statement of the sums saved.

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