Upon the expiry of a fixed-term contract (CDD), the employer may not, in order to fill the same post as that of the employee whose contract has ended, appoint either the same employee or another employee hired on the basis of a CDD or employed under a labour supply contract with a temporary employment agency or as part of a temporary loan of workers, before the expiry of a waiting period equal to one-third of the duration of that contract, including any renewals.
Example
An employee is hired on a CDD with an initial duration of 8 months. His contract includes a renewal clause. Upon expiry of his contract, the CDD is renewed for the first time for a period of 5 months. After these 5 months, the CDD is renewed again for a period of 5 months.
This employee’s CDD was therefore renewed twice for a total duration of 18 months, including renewals.
If the employer wishes to rehire the same employee or another employee for a fixed term to fill the same position, he may only do so after a waiting period of (1/3 of 18 months) 6 months.
Nota Bene
In the event of failure to observe the waiting period, any contract concluded before the expiry of the waiting period may be reclassified by the labour court as a contract of indeterminate duration.