The CDD (Permanent Contract) is one of the two most common types of employment contracts in France. It makes it possible to contract out the nature and duration of the activity that the employee will carry out for his employer. In this article, we detail the terms of early termination of a CDD.
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What is the CDD contract? Companies ask for a fixed-term contract when a temporary need arises. It therefore constitutes a response to a specific need in society. Thus, this contract makes it possible to hire employees for a duration limited in time.
A CDD must necessarily be published in paper format. It is then signed by thebusiness, who must be French, and the employee. Otherwise, the contract will not be valid and may be the subject of a dispute at the Prud’hommes.
How can you break a CDD?
A fixed-term contract is by definition limited in time. The end period is stipulated upon signature of the contract. However, it is possible to break the CDD amicably, if the will is clear between the two parties. the employee will then be able to claim the precariousness allowance of 10% of his gross salary. He will also be able to claim unemployment benefits from Pôle Emploi.
Two scenarios arise in the case of an early termination of a CDD:
At the request of the employer
The employer can terminate his employee’s fixed-term contract in three cases only:
- Serious fault of employee : following a serious fault, the employer has 2 months to schedule an interview with the employee. The latter may terminate the fixed-term contract the day after the meeting.
- Force majeure: in this case, the CDD is terminated immediately. The employee will not have any compensation from the company.
- Physical incapacity: whether it is of professional origin or not, a physical incapacity can give rise to the termination of a fixed-term contract. For this, the employee must obtain a declaration from an occupational physician declaring him unfit. From there, the employer has 2 months to offer another position to the employee, which is called “reclassification”. If there is no opportunity or the employee refuses, the CDD may end.
At the request of the employee
the employee is entitled to request the early termination of his fixed-term contract in two cases only:
- Hiring on a permanent contract in another company: in this case, the notice period is from 1 day to 2 weeks. It is calculated as follows: 1 working day per week of work performed under the CDD. The employee must notify the employer in writing and prove his hiring on a permanent contract in another company.
- Serious fault on the part of the employer. Serious misconduct on the part of the employer may relate to: a refusal to provide the agreed work to the employee, non-payment of wages, acts of violence or harassment at work … In this specific case, the employee must make a taking an act by sending a registered letter with AR to address his complaints to the company. The employee can then leave the company immediately, without notice. He will not obtain compensation but can file a complaint with the Labor Council to obtain financial compensation. The justice will then classify the breach of contract in resignation or dismissal.
In the event of termination of a fixed-term contract from the employee, and with the exception of the two preceding cases, the employer is not obliged to pay the precarious allowance to the employee, who has terminated the contract of his own free will.
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