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legal contract- info. needed

Posted by I am here!!!-237894 - Created: 7 years ago
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Posted by ChristopherL-188542 - 7 years ago

If we understand correctly your posting, you had a CDD (fixed term contract) for 6 months and then it was twice renewed for 3 month periods. Is that correct?

This is not legal except in some special short-term seasonal work but as your total employment lasted a whole year it cannot by definition be considered seasonal. A CDD can only legally be renewed once and there are some technicalities to be respected when doing so. (for example the délai de carence). An employer who does not respect the délai de carence or who proposes successive CDD contracts for the same post to the same employee has established a prima facie case for the employment to be considered CDI (perpetual contract).

As long as you are being paid correctly (correct amount and with fiche de paie), this is not necessarily a bad situation for you to find yourself in. You could discreetly make an appointment with the "Inspection du Travail" to have them confirm your de facto status and then with their interpretation in hand you just politely inform your boss of your new status and organize a "welcome on board party" :-)

See this link for Inspection du Travail in Alpes Maritimes - by the way the service is now officially called DIRECCTE