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Renewal of a fixed-term employment contract

11/04/2024
The fixed-term employment contract (CDD(1)) of one of our employees, concluded due to a temporary increase in our activity, is ending soon and we would like to renew it. Is this possible given that there is no provision for this in the contract?

Yes, you can renew this employee’s fixed-term employment contract even if it does not contain any provision on this point. To do this, you must first agree with your employee to attach a written amendment to the existing contract. But be careful, this document must be signed by you and your employee before the end of the initial contract, i.e., at the latest on the last day of this contract!


Indeed, if you let your employee work in your company after the expiry of this first fixed-term employment contract without having signed a renewal amendment, you run the risk that he/she will ask in court, and obtain, the conversion of his/her fixed-term employment contract into a permanent employment contract.


Finally, you should know that a fixed-term employment contract can be renewed twice and that its total duration (initial contract and renewals) must not exceed the maximum authorized duration, i.e., 18 months in the event of a temporary increase in activity.


Please note: An agreement or an extended industry agreement may set out a different number of renewal options.


(1) Contrat à Durée Déterminée (CDD)


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