A labour court may decide to reclassify a fixed-term contract as a contract of indeterminate duration in the following cases:
- in the event of use of a CDD to fill a post connected with the normal and permanent business of the undertaking;
- in the event of use of a CDD for tasks which are not specified and permanent;
- in the absence of a written record at the time of commencement of the employment relationship;
- in the absence of a fixed term;
- if no minimum period is set;
- in the event of overstepping the maximum authorised period of 24 months;
- in the event of renewal of the fixed-term contract even though there is no renewal clause;
- in cases of a third renewal;
- in cases of non-observance of the waiting period.
On the other hand, failure to stipulate any of the compulsory details does not entail reclassification.
It should be noted that reclassification may be claimed by the employee and not by the employer.