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32333635613732613539343362336436 | article100979 | 15 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | sur la web série « Droit du travail »Dans quels cas peut-on embaucher sous contrat à durée déterminée ? Remplacement d'un salarié absentUn salarié embauché en contrat à durée déterminée peut remplacer tout salarié absent de l'entreprise quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève. Dans ce cas, comme l'a rappelé la Cour de cassation dans un arrêt du 11 juillet 2012 un contrat à durée déterminée ne peut être conclu pour le remplacement de plusieurs salariés (pour une exception, voir ci-dessous). Le CDD peut également permettre :Le remplacement temporaire d'un chef d'exploitation agricole, d'un aide familial, d'un associé d'exploitation ou de leur conjoint dès lors qu'il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole ;Le remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale. Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... )Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
sur la web série « Droit du travail »Dans quels cas peut-on embaucher sous contrat à durée déterminée ? Remplacement d'un salarié absentUn salarié embauché en contrat à durée déterminée peut remplacer tout salarié absent de l'entreprise quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève. Dans ce cas, comme l'a rappelé la Cour de cassation dans un arrêt du 11 juillet 2012 un contrat à durée déterminée ne peut être conclu pour le remplacement de plusieurs salariés (pour une exception, voir ci-dessous). Le CDD peut également permettre :Le remplacement temporaire d'un chef d'exploitation agricole, d'un aide familial, d'un associé d'exploitation ou de leur conjoint dès lors qu'il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole ;Le remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale. Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... )Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit | 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62376664333662306238376434623765 | article100979 | 16 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | d'un échange écrit entre le salarié et l'employeur. Attente de la prise de fonction d'un nouveau salariéUn salarié sous contrat à durée déterminée peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée. Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entrepriseExpérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d'un contrat à durée déterminée (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l'article L. 1242-2 du Code du travail, un seul CDD peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret du 12 avril 2023 cité en référence (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise ;Le décret du 10 juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
d'un échange écrit entre le salarié et l'employeur. Attente de la prise de fonction d'un nouveau salariéUn salarié sous contrat à durée déterminée peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée. Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entrepriseExpérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d'un contrat à durée déterminée (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l'article L. 1242-2 du Code du travail, un seul CDD peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret du 12 avril 2023 cité en référence (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise ;Le décret du 10 juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en | 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63313733623632646262356631643466 | article100979 | 17 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CDD pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu) ;Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail temporaire ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site. Accroissement temporaire de l'activité de l'entrepriseToutefois un CDD ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement. Emplois à caractère saisonnierLe recours au CDD est possible pour des emplois à caractère saisonnier, dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Sont notamment concernés le secteur agricole, les industries agroalimentaires et le tourisme. Le contrat de travail à caractère saisonnier peut comporter une clause de reconduction pour la saison suivante (voir aussi ci-dessous). Une convention ou un accord collectif de travail peut également prévoir que tout employeur | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CDD pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu) ;Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail temporaire ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site. Accroissement temporaire de l'activité de l'entrepriseToutefois un CDD ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement. Emplois à caractère saisonnierLe recours au CDD est possible pour des emplois à caractère saisonnier, dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Sont notamment concernés le secteur agricole, les industries agroalimentaires et le tourisme. Le contrat de travail à caractère saisonnier peut comporter une clause de reconduction pour la saison suivante (voir aussi ci-dessous). Une convention ou un accord collectif de travail peut également prévoir que tout employeur | 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33376166623139363364616230633964 | article100979 | 18 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même nature, pour la même saison de l'année suivante ; ce texte en définit alors les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi. Pour calculer l'ancienneté du salarié, les durées des contrats de travail à caractère saisonnier successifs dans une même entreprise sont cumulées. Pour l'application de cette disposition dans les branches où l'emploi saisonnier est particulièrement développé, (ces branches sont définies par l'arrêté du 5 mai 2017), à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, les contrats de travail à caractère saisonnier dans une même entreprise sont considérés comme successifs lorsqu'ils sont conclus sur une ou plusieurs saisons, y compris lorsqu'ils ont été interrompus par des périodes sans activité dans cette entreprise. Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise :L'employeur informe le salarié sous contrat de travail à caractère saisonnier, par tout moyen permettant de conférer date certaine à cette information (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel avec accusé | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même nature, pour la même saison de l'année suivante ; ce texte en définit alors les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi. Pour calculer l'ancienneté du salarié, les durées des contrats de travail à caractère saisonnier successifs dans une même entreprise sont cumulées. Pour l'application de cette disposition dans les branches où l'emploi saisonnier est particulièrement développé, (ces branches sont définies par l'arrêté du 5 mai 2017), à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, les contrats de travail à caractère saisonnier dans une même entreprise sont considérés comme successifs lorsqu'ils sont conclus sur une ou plusieurs saisons, y compris lorsqu'ils ont été interrompus par des périodes sans activité dans cette entreprise. Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise :L'employeur informe le salarié sous contrat de travail à caractère saisonnier, par tout moyen permettant de conférer date certaine à cette information (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel avec accusé | 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35396430376138396361346236333239 | article100979 | 19 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | avec accusé de réception, etc. ), des conditions de reconduction de son contrat avant l'échéance de ce dernier ;Tout salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors qu'il a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives et que l'employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Il appartient à l'employeur d'informer le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que ces deux conditions sont réunies, sauf motif dûment fondé. Recrutement d'ingénieurs et de cadresUn contrat de travail à durée déterminée peut être conclu pour le recrutement d'ingénieurs et de cadres, au sens des conventions collectives, en vue de la réalisation d'un objet défini lorsqu'un accord de branche étendu ou, à défaut, un accord d'entreprise le prévoit. Ce contrat est conclu pour une durée minimale de dix-huit mois et une durée maximale de trente six mois. Il ne peut pas être renouvelé. Ce dispositif (« CDD à objet défini ») est, sauf précisions contraires, soumis aux dispositions présentées ici, et fait l'objet d'une fiche spécifique à laquelle on se reportera. Contrats à durée déterminée « d'usage »Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
avec accusé de réception, etc. ), des conditions de reconduction de son contrat avant l'échéance de ce dernier ;Tout salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors qu'il a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives et que l'employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Il appartient à l'employeur d'informer le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que ces deux conditions sont réunies, sauf motif dûment fondé. Recrutement d'ingénieurs et de cadresUn contrat de travail à durée déterminée peut être conclu pour le recrutement d'ingénieurs et de cadres, au sens des conventions collectives, en vue de la réalisation d'un objet défini lorsqu'un accord de branche étendu ou, à défaut, un accord d'entreprise le prévoit. Ce contrat est conclu pour une durée minimale de dix-huit mois et une durée maximale de trente six mois. Il ne peut pas être renouvelé. Ce dispositif (« CDD à objet défini ») est, sauf précisions contraires, soumis aux dispositions présentées ici, et fait l'objet d'une fiche spécifique à laquelle on se reportera. Contrats à durée déterminée « d'usage »Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée | 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39633065356566353965386261653264 | article100979 | 20 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou d'accord collectif étendu. Leur liste figure à l'article D. 1242-1 du Code du travailPour ce type de contrats, comme pour les contrats saisonniers (voir ci-avant), lorsque la durée du contrat de travail est inférieure à un mois, un seul bulletin de paie est émis par l'employeur. Pour plus de précisions sur les CDD d'usage, on se reportera à la fiche qui leur est consacrée. Cas particuliersPeuvent motiver la conclusion de contrats à durée déterminée des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes. En revanche, sous réserve des dérogations prévues par les articles D. 4154-2 à D. 4154-6, il est interdit d'employer un salarié en CDD pour effectuer des travaux dangereux (exposition à certains agents nocifs) dont la liste est donnée par l'article D. 4154-1 du Code du travailEnfin, dans les conditions fixées par les articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritime, des CDD d'une durée maximale d'un mois peuvent être conclus pour la réalisation de travaux de vendanges. CDD conclus dans le cadre de la politique de l'emploi ou de la politique de la recherche (article L. 1242-3 du Code du travail)Les embauches effectuées dans le | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou d'accord collectif étendu. Leur liste figure à l'article D. 1242-1 du Code du travailPour ce type de contrats, comme pour les contrats saisonniers (voir ci-avant), lorsque la durée du contrat de travail est inférieure à un mois, un seul bulletin de paie est émis par l'employeur. Pour plus de précisions sur les CDD d'usage, on se reportera à la fiche qui leur est consacrée. Cas particuliersPeuvent motiver la conclusion de contrats à durée déterminée des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes. En revanche, sous réserve des dérogations prévues par les articles D. 4154-2 à D. 4154-6, il est interdit d'employer un salarié en CDD pour effectuer des travaux dangereux (exposition à certains agents nocifs) dont la liste est donnée par l'article D. 4154-1 du Code du travailEnfin, dans les conditions fixées par les articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritime, des CDD d'une durée maximale d'un mois peuvent être conclus pour la réalisation de travaux de vendanges. CDD conclus dans le cadre de la politique de l'emploi ou de la politique de la recherche (article L. 1242-3 du Code du travail)Les embauches effectuées dans le | 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38633665313538316566383136623237 | article100979 | 21 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | effectuées dans le cadre de la politique de l'emploi peuvent également être réalisées à durée déterminée, les contrats répondant alors, sur certains points (durée maximale, possibilité de suspension, renouvellement, rupture anticipée à l'initiative du salarié...), à des règles particulières. Sont notamment concernés les contrats de professionnalisation et le contrat unique d'insertion. Il en est de même lorsque l'employeur s'engage, sous certaines conditions, à assurer un complément de formation professionnelle à certains salariés (par exemple, élèves d'établissement d'enseignement effectuant des stages prévus dans un cycle d'études et liés aux études ou à l'obtention d'un diplôme ou d'une spécialisation). Les contrats de travail à durée déterminée conclus dans ces cas de figure obéissent, pour une large part, à des règles particulières. Ils peuvent être requalifiés en CDI lorsque les conditions prévues ne sont pas réunies (par exemple, absence de formation). C'est également dans le cadre de la politique de l'emploi que peuvent être conclus les CDD « senior » (voir précisions ci-dessous) et les CDD conclus par les entreprises adaptées avec des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du code du travail. Les CDD ainsi conclus (appelés « CDD Tremplin ») ouvrent droit à une aide financière de l’Etat et doivent permettre de faciliter la transition professionnelle de leurs titulaires vers d'autres entreprises. Ils prévoient un accompagnement renforcé | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
effectuées dans le cadre de la politique de l'emploi peuvent également être réalisées à durée déterminée, les contrats répondant alors, sur certains points (durée maximale, possibilité de suspension, renouvellement, rupture anticipée à l'initiative du salarié...), à des règles particulières. Sont notamment concernés les contrats de professionnalisation et le contrat unique d'insertion. Il en est de même lorsque l'employeur s'engage, sous certaines conditions, à assurer un complément de formation professionnelle à certains salariés (par exemple, élèves d'établissement d'enseignement effectuant des stages prévus dans un cycle d'études et liés aux études ou à l'obtention d'un diplôme ou d'une spécialisation). Les contrats de travail à durée déterminée conclus dans ces cas de figure obéissent, pour une large part, à des règles particulières. Ils peuvent être requalifiés en CDI lorsque les conditions prévues ne sont pas réunies (par exemple, absence de formation). C'est également dans le cadre de la politique de l'emploi que peuvent être conclus les CDD « senior » (voir précisions ci-dessous) et les CDD conclus par les entreprises adaptées avec des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du code du travail. Les CDD ainsi conclus (appelés « CDD Tremplin ») ouvrent droit à une aide financière de l’Etat et doivent permettre de faciliter la transition professionnelle de leurs titulaires vers d'autres entreprises. Ils prévoient un accompagnement renforcé | 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65663736303164353839393139663133 | article100979 | 22 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | renforcé destiné à favoriser la réalisation d'un projet professionnel et la valorisation des compétences acquises durant la formation, et répondent aux dispositions particulières visées notamment aux articles R. 5213-79 à R. 5213-79-2 du code du travail. Afin de favoriser le développement de la recherche, un CDD, répondant à certaines règles particulières (durée, renouvellement, etc. ) peut également être conclu :Lorsque l'employeur confie des activités de recherche au salarié et participe à sa formation à la recherche et par la recherche dans les conditions fixées à l'article L. 412-3 du code de la recherche. Cet article, permet la conclusion d'un CDD dénommé « contrat doctoral de droit privé » dont les modalités de mise en œuvre sont fixées par le décret n° 2021-1233 du 25 septembre 2021 en vigueur depuis le 27 septembre 2021 ;Lorsque l'employeur confie au salarié, dans les conditions fixées à l'article L. 431-5 du même code, des activités de recherche en vue de la réalisation d'un objet défini et qu'il s'engage à fournir au salarié une expérience professionnelle complémentaire au diplôme de doctorat prévu à l'article L. 612-7 du code de l'éducation . Les modalités de mise en œuvre de ce type particulier de CDD « à objet défini » (dit « contrat postdoctoral de droit privé ») sont fixées par le décret n° 2021-1232 du 25 septembre 2021Le CDD « senior »Afin de favoriser le retour à l'emploi des salariés âgés et de leur permettre d'acquérir des droits supplémentaires en vue | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
renforcé destiné à favoriser la réalisation d'un projet professionnel et la valorisation des compétences acquises durant la formation, et répondent aux dispositions particulières visées notamment aux articles R. 5213-79 à R. 5213-79-2 du code du travail. Afin de favoriser le développement de la recherche, un CDD, répondant à certaines règles particulières (durée, renouvellement, etc. ) peut également être conclu :Lorsque l'employeur confie des activités de recherche au salarié et participe à sa formation à la recherche et par la recherche dans les conditions fixées à l'article L. 412-3 du code de la recherche. Cet article, permet la conclusion d'un CDD dénommé « contrat doctoral de droit privé » dont les modalités de mise en œuvre sont fixées par le décret n° 2021-1233 du 25 septembre 2021 en vigueur depuis le 27 septembre 2021 ;Lorsque l'employeur confie au salarié, dans les conditions fixées à l'article L. 431-5 du même code, des activités de recherche en vue de la réalisation d'un objet défini et qu'il s'engage à fournir au salarié une expérience professionnelle complémentaire au diplôme de doctorat prévu à l'article L. 612-7 du code de l'éducation . Les modalités de mise en œuvre de ce type particulier de CDD « à objet défini » (dit « contrat postdoctoral de droit privé ») sont fixées par le décret n° 2021-1232 du 25 septembre 2021Le CDD « senior »Afin de favoriser le retour à l'emploi des salariés âgés et de leur permettre d'acquérir des droits supplémentaires en vue | 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63353137353133393563643232303231 | article100979 | 23 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | en vue de la liquidation de leur retraite à taux plein, tout employeur visé à l'article L. 2212-1 du Code du travail (à l'exception des professions agricoles) peut conclure un CDD avec une personne âgée de plus de 57 ans inscrite depuis plus de 3 mois comme demandeur d'emploi ou bénéficiant d'une convention de reclassement personnalisé (CRP ; ce dispositif, en vigueur lors de la création du CDD « senior » a depuis été remplacé par le contrat de sécurisation professionnelle). Ce CDD sera alors conclu en application de l'article L. 1242-3 du Code du travail. D'une durée maximale de 18 mois, il peut être renouvelé une fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder 36 mois. Pour plus de précisions sur le CDD « senior », on se reportera à la fiche consacrée à ce dispositif. Le CDD « joueur professionnel »Le joueur professionnel salarié de jeu vidéo compétitif est défini comme toute personne ayant pour activité rémunérée la participation à des compétitions de jeu vidéo dans un lien de subordination juridique avec une association ou une société bénéficiant d'un agrément ministériel. Tout contrat par lequel une association ou une société bénéficiant de cet agrément s'assurera, moyennant rémunération, le concours d'un de ces joueurs sera un contrat de travail à durée déterminée qui, pour l'essentiel, devra répondre, non pas aux dispositions présentées dans cette fiche, mais à celles (durée minimale, mentions obligatoires, etc. ) | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
en vue de la liquidation de leur retraite à taux plein, tout employeur visé à l'article L. 2212-1 du Code du travail (à l'exception des professions agricoles) peut conclure un CDD avec une personne âgée de plus de 57 ans inscrite depuis plus de 3 mois comme demandeur d'emploi ou bénéficiant d'une convention de reclassement personnalisé (CRP ; ce dispositif, en vigueur lors de la création du CDD « senior » a depuis été remplacé par le contrat de sécurisation professionnelle). Ce CDD sera alors conclu en application de l'article L. 1242-3 du Code du travail. D'une durée maximale de 18 mois, il peut être renouvelé une fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder 36 mois. Pour plus de précisions sur le CDD « senior », on se reportera à la fiche consacrée à ce dispositif. Le CDD « joueur professionnel »Le joueur professionnel salarié de jeu vidéo compétitif est défini comme toute personne ayant pour activité rémunérée la participation à des compétitions de jeu vidéo dans un lien de subordination juridique avec une association ou une société bénéficiant d'un agrément ministériel. Tout contrat par lequel une association ou une société bénéficiant de cet agrément s'assurera, moyennant rémunération, le concours d'un de ces joueurs sera un contrat de travail à durée déterminée qui, pour l'essentiel, devra répondre, non pas aux dispositions présentées dans cette fiche, mais à celles (durée minimale, mentions obligatoires, etc. ) | 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64366634636162626432353265336138 | article100979 | 24 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | etc. ) spécifiquement prévues par l'article 102 de la loi n° 2016-1321 du 7 octobre 2016. Les modalités de mise en œuvre de ces dispositions sont fixées par le décret n° 2017-872 du 9 mai 2017. Quelle est la durée du contrat ? Les principes applicablesUn contrat à durée déterminée est conclu pour une durée limitée et précisée, au départ, dans le contrat. Il prend fin soit à la date fixée soit - en l'absence de terme précis - lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). La durée totale, compte tenu du ou des deux renouvellement(s) éventuel(s), ne doit pas dépasser la limite maximale autorisée. Suspension du CDDLa suspension du contrat de travail à durée déterminée (par exemple, en cas de maladie) ne fait pas obstacle à l'échéance du terme :Si le contrat est de date à date et que le terme prévu survient pendant la période de suspension, le contrat prend fin à la date prévue, sans être prolongé de la durée de la suspension. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la survenance du terme fixé au contrat ;Lorsque le contrat n'est pas de date à date, c'est la réalisation de l'objet pour lequel il a été conclu qui constitue le terme du contrat. Si cet objet est réalisé pendant la période de suspension, le contrat prend fin dès la réalisation de cet objet. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la réalisation de | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
etc. ) spécifiquement prévues par l'article 102 de la loi n° 2016-1321 du 7 octobre 2016. Les modalités de mise en œuvre de ces dispositions sont fixées par le décret n° 2017-872 du 9 mai 2017. Quelle est la durée du contrat ? Les principes applicablesUn contrat à durée déterminée est conclu pour une durée limitée et précisée, au départ, dans le contrat. Il prend fin soit à la date fixée soit - en l'absence de terme précis - lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). La durée totale, compte tenu du ou des deux renouvellement(s) éventuel(s), ne doit pas dépasser la limite maximale autorisée. Suspension du CDDLa suspension du contrat de travail à durée déterminée (par exemple, en cas de maladie) ne fait pas obstacle à l'échéance du terme :Si le contrat est de date à date et que le terme prévu survient pendant la période de suspension, le contrat prend fin à la date prévue, sans être prolongé de la durée de la suspension. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la survenance du terme fixé au contrat ;Lorsque le contrat n'est pas de date à date, c'est la réalisation de l'objet pour lequel il a été conclu qui constitue le terme du contrat. Si cet objet est réalisé pendant la période de suspension, le contrat prend fin dès la réalisation de cet objet. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la réalisation de | 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64646630303566633036366364353232 | article100979 | 25 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | la réalisation de l'objet du contrat. Le CDD à objet défini est conclu pour une durée minimale de 18 mois et une durée maximale de 36 mois. Il ne peut pas être renouvelé ; il fait l'objet d'une fiche spécifique à laquelle on se reportera. Le contrat vendanges obéit à un régime particulier détaillé dans la fiche qui lui est consacrée. Par ailleurs, la durée du CDD obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants ; les dispositions applicables figurent à l'article L. 1243-12 du code du travail. Fixation de la durée totale du CDD par convention ou accord de branche étenduUne convention ou un accord de branche étendu peut fixer la durée maximale totale du contrat de travail à durée déterminée. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Si une telle convention ou un tel accord de branche est conclu, ses dispositions ne seront toutefois applicables ni aux CDD à objet défini ni à ceux conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, voir précisions ci-dessus). Dispositions applicables à défaut de convention ou accord de brancheÀ défaut de stipulations prévues par la convention ou l'accord de branche étendu, les dispositions applicables sont celles mentionnées dans le tableau | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
la réalisation de l'objet du contrat. Le CDD à objet défini est conclu pour une durée minimale de 18 mois et une durée maximale de 36 mois. Il ne peut pas être renouvelé ; il fait l'objet d'une fiche spécifique à laquelle on se reportera. Le contrat vendanges obéit à un régime particulier détaillé dans la fiche qui lui est consacrée. Par ailleurs, la durée du CDD obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants ; les dispositions applicables figurent à l'article L. 1243-12 du code du travail. Fixation de la durée totale du CDD par convention ou accord de branche étenduUne convention ou un accord de branche étendu peut fixer la durée maximale totale du contrat de travail à durée déterminée. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Si une telle convention ou un tel accord de branche est conclu, ses dispositions ne seront toutefois applicables ni aux CDD à objet défini ni à ceux conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, voir précisions ci-dessus). Dispositions applicables à défaut de convention ou accord de brancheÀ défaut de stipulations prévues par la convention ou l'accord de branche étendu, les dispositions applicables sont celles mentionnées dans le tableau | 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62353437666333366134643863663134 | article100979 | 26 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | dans le tableau ci-dessous. Cas de recoursDurée maximale totale Pour le cas particulier du CDD à objet défini, on se reportera à la fiche consacrée à ce dispositif Contratde date à date (1)Contrat sansterme certainRemplacement d'un salarié absent ou dont le contrat de travail est suspendu (2)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (2)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (3)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (2)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (2)18 moisRéalisation de l'objet du contratMission effectuée à l'étranger (2)24 moisRéalisation de l'objet du contratContrat en vue de favoriser l'embauche de personnes sans emploi (CUI-CIE, CUI-CAE,...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossibleContrat en vue d'assurer un complément de | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
dans le tableau ci-dessous. Cas de recoursDurée maximale totale Pour le cas particulier du CDD à objet défini, on se reportera à la fiche consacrée à ce dispositif Contratde date à date (1)Contrat sansterme certainRemplacement d'un salarié absent ou dont le contrat de travail est suspendu (2)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (2)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (3)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (2)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (2)18 moisRéalisation de l'objet du contratMission effectuée à l'étranger (2)24 moisRéalisation de l'objet du contratContrat en vue de favoriser l'embauche de personnes sans emploi (CUI-CIE, CUI-CAE,...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossibleContrat en vue d'assurer un complément de | 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34333439316262663337363030353163 | article100979 | 27 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | un complément de formation professionnelle (contrat de professionnalisation...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossible(1) Le contrat de date à date peut être renouvelé une ou deux fois pour une durée qui peut être inférieure, égale ou supérieure à la durée initiale du contrat. (2) Le contrat doit comporter une durée minimale s'il est à terme incertain. (3) Le contrat doit être conclu pour une durée qui ne peut être inférieure à six mois. Renouvellement du contratUne convention ou un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un contrat de travail à durée déterminée. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. Fixation du nombre de renouvellements par convention ou accord de brancheLes stipulations d'une telle convention ou d'un tel accord ne peuvent concerner les CDD conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, conclus au titre de l'article L. 1242-3 du Code du travail, voir précisions ci-dessus). À défaut de stipulation dans la convention ou l'accord de branche étendu mentionné ci-dessus, les dispositions suivantes sont applicables | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
un complément de formation professionnelle (contrat de professionnalisation...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossible(1) Le contrat de date à date peut être renouvelé une ou deux fois pour une durée qui peut être inférieure, égale ou supérieure à la durée initiale du contrat. (2) Le contrat doit comporter une durée minimale s'il est à terme incertain. (3) Le contrat doit être conclu pour une durée qui ne peut être inférieure à six mois. Renouvellement du contratUne convention ou un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un contrat de travail à durée déterminée. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. Fixation du nombre de renouvellements par convention ou accord de brancheLes stipulations d'une telle convention ou d'un tel accord ne peuvent concerner les CDD conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, conclus au titre de l'article L. 1242-3 du Code du travail, voir précisions ci-dessus). À défaut de stipulation dans la convention ou l'accord de branche étendu mentionné ci-dessus, les dispositions suivantes sont applicables | 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66383435653739396162656138653439 | article100979 | 28 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | sont applicables :Le CDD est renouvelable deux fois pour une durée déterminée ;La durée du ou, le cas échéant, des deux renouvellements, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale totale prévue par les stipulations de la convention ou de l'accord de branche étendu fixant la durée totale du CDD ou, à défaut, par les dispositions figurant dans le tableau ci-dessus ;Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu ;Ces dispositions ne sont pas applicables au contrat de travail à durée déterminée conclu en application de l'article L. 1242-3 du Code du travail (CDD conclus dans le cadre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié), qui restent soumis à des règles particulières. Quel délai respecter entre deux contrats à durée déterminée ? Fixation du délai de carence (succession de CDD sur le même poste de travail)Lorsqu'un contrat de travail à durée déterminée prend fin, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée ni à un contrat de travail temporaire, avant l'expiration d'une période (appelée « délai de carence ») calculée en fonction de la durée du contrat incluant, le cas échéant, son ou ses renouvellements. Ce délai doit être observé, que le nouveau contrat soit conclu avec le même | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
sont applicables :Le CDD est renouvelable deux fois pour une durée déterminée ;La durée du ou, le cas échéant, des deux renouvellements, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale totale prévue par les stipulations de la convention ou de l'accord de branche étendu fixant la durée totale du CDD ou, à défaut, par les dispositions figurant dans le tableau ci-dessus ;Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu ;Ces dispositions ne sont pas applicables au contrat de travail à durée déterminée conclu en application de l'article L. 1242-3 du Code du travail (CDD conclus dans le cadre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié), qui restent soumis à des règles particulières. Quel délai respecter entre deux contrats à durée déterminée ? Fixation du délai de carence (succession de CDD sur le même poste de travail)Lorsqu'un contrat de travail à durée déterminée prend fin, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée ni à un contrat de travail temporaire, avant l'expiration d'une période (appelée « délai de carence ») calculée en fonction de la durée du contrat incluant, le cas échéant, son ou ses renouvellements. Ce délai doit être observé, que le nouveau contrat soit conclu avec le même | 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66303936316236663133613930636630 | article100979 | 29 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | conclu avec le même salarié ou un autre, sous réserve des précisions mentionnées ci-après. Calcul du délai de carenceLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. Une convention ou un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans la convention ou l'accord de branche étendu, ce délai de carence est égal :Au tiers de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus ; ainsi, un poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en CDD pendant 10 jours ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de 5 jours. Non-application du délai de carenceDans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
conclu avec le même salarié ou un autre, sous réserve des précisions mentionnées ci-après. Calcul du délai de carenceLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. Une convention ou un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans la convention ou l'accord de branche étendu, ce délai de carence est égal :Au tiers de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus ; ainsi, un poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en CDD pendant 10 jours ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de 5 jours. Non-application du délai de carenceDans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour | 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61656231386632636565626235313835 | article100979 | 30 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, une convention ou un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable (en l'absence de dispositions conventionnelles, voir ci-dessous). Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, à laquelle on se reportera, ces dispositions, « ne permettent à une convention ou un accord de branche étendu de déroger au principe [...] de l'application d'un délai de carence que dans certains cas seulement, qu'il lui appartient alors de définir. Elles font, par suite, obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas de façon générale dans tous les cas de succession de contrats à durée déterminée. »À défaut de stipulation dans la convention ou l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de travail à durée déterminée est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, une convention ou un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable (en l'absence de dispositions conventionnelles, voir ci-dessous). Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, à laquelle on se reportera, ces dispositions, « ne permettent à une convention ou un accord de branche étendu de déroger au principe [...] de l'application d'un délai de carence que dans certains cas seulement, qu'il lui appartient alors de définir. Elles font, par suite, obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas de façon générale dans tous les cas de succession de contrats à durée déterminée. »À défaut de stipulation dans la convention ou l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de travail à durée déterminée est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains | 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30323264316163313638383337646366 | article100979 | 31 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...) ;Lorsque le contrat est conclu en application de l'article L. 1242-3 du code du travail (contrats conclus au titre des mesures pour l'emploi ou la formation professionnelle) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat, pour la durée du contrat non renouvelé. Succession de CDD avec le même salariéLa conclusion de CDD successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des cas (remplacement d'un salarié absent, emplois à caractère saisonnier, etc. ) visés par l'article L. 1244-1 du code du travail. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents, en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Une telle succession de CDD ne saurait toutefois avoir pour objet ni pour effet | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...) ;Lorsque le contrat est conclu en application de l'article L. 1242-3 du code du travail (contrats conclus au titre des mesures pour l'emploi ou la formation professionnelle) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat, pour la durée du contrat non renouvelé. Succession de CDD avec le même salariéLa conclusion de CDD successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des cas (remplacement d'un salarié absent, emplois à caractère saisonnier, etc. ) visés par l'article L. 1244-1 du code du travail. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents, en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Une telle succession de CDD ne saurait toutefois avoir pour objet ni pour effet | 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34353634613939313261613162393864 | article100979 | 32 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, faute de quoi le contrat pourrait être requalifié en contrat de travail à durée indéterminée (CDI). Dans les situations autres que celles mentionnées ci-dessus, l'employeur ne peut conclure un nouveau CDD avec un même salarié qu'à la condition de respecter un certain délai (à défaut, le contrat sera requalifié en CDI) :Si la succession de CDD avec le même salarié porte sur des postes différents, ce délai (sa durée n'est pas fixée par la loi) ne doit pas être trop bref, car le juge pourrait alors considérer qu'il y a une volonté de fraude à la loi et requalifier le contrat en CDI ;Si la succession de CDD, conclus avec le même salarié, porte sur le même poste de travail, il convient d'appliquer les dispositions relatives au délai de carence (voir ci-dessus). Pour plus de précisions sur les règles applicables aux CDD (cas de recours, succession, renouvellement, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. Quelles mentions doivent figurer sur le contrat ? Le contrat doit être écrit et comporter la définition précise de son motif. Il doit être signé par le salarié et par l'employeur (ou son représentant légal). À défaut, il est réputé conclu pour une durée indéterminée et peut être requalifié en contrat à durée indéterminée par le conseil de prud'hommes. Il doit indiquer :Le nom et la qualification du | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, faute de quoi le contrat pourrait être requalifié en contrat de travail à durée indéterminée (CDI). Dans les situations autres que celles mentionnées ci-dessus, l'employeur ne peut conclure un nouveau CDD avec un même salarié qu'à la condition de respecter un certain délai (à défaut, le contrat sera requalifié en CDI) :Si la succession de CDD avec le même salarié porte sur des postes différents, ce délai (sa durée n'est pas fixée par la loi) ne doit pas être trop bref, car le juge pourrait alors considérer qu'il y a une volonté de fraude à la loi et requalifier le contrat en CDI ;Si la succession de CDD, conclus avec le même salarié, porte sur le même poste de travail, il convient d'appliquer les dispositions relatives au délai de carence (voir ci-dessus). Pour plus de précisions sur les règles applicables aux CDD (cas de recours, succession, renouvellement, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. Quelles mentions doivent figurer sur le contrat ? Le contrat doit être écrit et comporter la définition précise de son motif. Il doit être signé par le salarié et par l'employeur (ou son représentant légal). À défaut, il est réputé conclu pour une durée indéterminée et peut être requalifié en contrat à durée indéterminée par le conseil de prud'hommes. Il doit indiquer :Le nom et la qualification du | 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31323731643136656561313064333230 | article100979 | 34 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | transmission du CDD au salarié dans le délai mentionné ci-dessus ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire. Le CDD à objet défini doit comporter, outre les clauses mentionnées ci-dessus, celles prévues par l'article L. 1242-12-1 du code du travail. Quelle est la durée de la période d'essai ? Le contrat de travail à durée déterminée peut comporter une période d'essai. À défaut d'usages ou de dispositions conventionnelles prévoyant des durées moindres, la durée de la période d'essai est limitée à :Un jour par semaine (sans que la durée puisse dépasser deux semaines) pour les contrats inférieurs ou égaux à six mois ;Un mois maximum pour les contrats supérieurs à six mois. En l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du contrat. Selon la Cour de Cassation (chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire ». Pour les CDD stipulant une période d'essai d'au moins 1 semaine, l'employeur qui met fin au contrat en cours ou au terme de la période d'essai, doit prévenir le salarié dans un délai qui ne peut être inférieur à :24 heures en deçà de 8 jours de présence ;48 heures entre 8 jours et 1 | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
transmission du CDD au salarié dans le délai mentionné ci-dessus ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire. Le CDD à objet défini doit comporter, outre les clauses mentionnées ci-dessus, celles prévues par l'article L. 1242-12-1 du code du travail. Quelle est la durée de la période d'essai ? Le contrat de travail à durée déterminée peut comporter une période d'essai. À défaut d'usages ou de dispositions conventionnelles prévoyant des durées moindres, la durée de la période d'essai est limitée à :Un jour par semaine (sans que la durée puisse dépasser deux semaines) pour les contrats inférieurs ou égaux à six mois ;Un mois maximum pour les contrats supérieurs à six mois. En l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du contrat. Selon la Cour de Cassation (chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire ». Pour les CDD stipulant une période d'essai d'au moins 1 semaine, l'employeur qui met fin au contrat en cours ou au terme de la période d'essai, doit prévenir le salarié dans un délai qui ne peut être inférieur à :24 heures en deçà de 8 jours de présence ;48 heures entre 8 jours et 1 | 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65363932383133393432363364356464 | article100979 | 35 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | entre 8 jours et 1 mois de présence ;2 semaines après 1 mois de présence ;1 mois après 3 mois de présence. La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée de ce délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise. Quels sont les droits individuels des salariés sous contrat à durée déterminée ? Pendant son travail, le salarié titulaire d'un contrat à durée déterminée dispose des mêmes droits que les autres salariés de l'entreprise : il exécute son travail dans des conditions identiques (durée du travail, travail de nuit, repos hebdomadaire, jours fériés, hygiène et sécurité...) et peut accéder aux mêmes équipements collectifs : transport, restauration, tickets restaurant, douches, vestiaires, bibliothèque, salles de repos, crèches...Sa rémunération doit être au moins égale à celle que percevrait, après période d'essai, un autre salarié de l'entreprise, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail. En cas de maladie ou d'accident, le salarié en contrat à durée déterminée peut avoir droit aux indemnités complémentaires prévues par la | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
entre 8 jours et 1 mois de présence ;2 semaines après 1 mois de présence ;1 mois après 3 mois de présence. La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée de ce délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise. Quels sont les droits individuels des salariés sous contrat à durée déterminée ? Pendant son travail, le salarié titulaire d'un contrat à durée déterminée dispose des mêmes droits que les autres salariés de l'entreprise : il exécute son travail dans des conditions identiques (durée du travail, travail de nuit, repos hebdomadaire, jours fériés, hygiène et sécurité...) et peut accéder aux mêmes équipements collectifs : transport, restauration, tickets restaurant, douches, vestiaires, bibliothèque, salles de repos, crèches...Sa rémunération doit être au moins égale à celle que percevrait, après période d'essai, un autre salarié de l'entreprise, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail. En cas de maladie ou d'accident, le salarié en contrat à durée déterminée peut avoir droit aux indemnités complémentaires prévues par la | 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37646566613130623434396530663033 | article100979 | 36 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | prévues par la convention applicable à l'entreprise, s'il remplit les conditions posées par cette convention (par exemple, les conditions d'ancienneté). Par ailleurs, il peut bénéficier d'indemnités et de mesures particulières pour compenser la précarité de son emploi, à savoir :Dans certains cas, une indemnité de fin de contrat (ou « indemnité de précarité »), dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue durant l'exécution de son contrat. Toutefois, un taux limité à 6 % peut s'appliquer si une convention ou un accord collectif de branche étendu applicable à l'entreprise ou une convention ou un accord d'entreprise ou d'établissement le prévoit, dès lors que des contreparties telles qu'un accès privilégié à la formation professionnelle des salariés en CDD (actions de développement des compétences, bilan de compétences à suivre en dehors du temps de travail...) sont prévues ; une proposition individuelle d'accès à la formation doit avoir été effectivement faite au salarié, par l'employeur. Enfin, un taux plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise ;Une indemnité compensatrice de congés payés au titre du travail effectivement accompli durant le contrat, quelle qu'en ait été la durée, si les congés n'ont pas été pris pendant la durée du contrat. Son montant ne peut être inférieur à 10 % de la rémunération totale brute due au salarié (indemnité de précarité comprise) ;Une formation | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
prévues par la convention applicable à l'entreprise, s'il remplit les conditions posées par cette convention (par exemple, les conditions d'ancienneté). Par ailleurs, il peut bénéficier d'indemnités et de mesures particulières pour compenser la précarité de son emploi, à savoir :Dans certains cas, une indemnité de fin de contrat (ou « indemnité de précarité »), dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue durant l'exécution de son contrat. Toutefois, un taux limité à 6 % peut s'appliquer si une convention ou un accord collectif de branche étendu applicable à l'entreprise ou une convention ou un accord d'entreprise ou d'établissement le prévoit, dès lors que des contreparties telles qu'un accès privilégié à la formation professionnelle des salariés en CDD (actions de développement des compétences, bilan de compétences à suivre en dehors du temps de travail...) sont prévues ; une proposition individuelle d'accès à la formation doit avoir été effectivement faite au salarié, par l'employeur. Enfin, un taux plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise ;Une indemnité compensatrice de congés payés au titre du travail effectivement accompli durant le contrat, quelle qu'en ait été la durée, si les congés n'ont pas été pris pendant la durée du contrat. Son montant ne peut être inférieur à 10 % de la rémunération totale brute due au salarié (indemnité de précarité comprise) ;Une formation | 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34623432336163346134363931326136 | article100979 | 37 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | ;Une formation renforcée à la sécurité, un accueil et une information adaptés lorsque le poste de travail présente des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur ;Un accès favorisé au CPF de transition professionnelle. Information du salarié en CDD sur les postes à pourvoir en CDIÀ la demande du salarié titulaire d'un contrat de travail à durée déterminée justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise, l'employeur l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié formule sa demande par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d'avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l'employeur fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'employeur n'est toutefois pas tenu par ces exigences lorsque le salarié a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l'employeur est un particulier ou une entreprise de moins de 250 salariés, une réponse peut être apportée par oral à compter de la deuxième demande du salarié, si la réponse est inchangée par rapport à celle | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
;Une formation renforcée à la sécurité, un accueil et une information adaptés lorsque le poste de travail présente des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur ;Un accès favorisé au CPF de transition professionnelle. Information du salarié en CDD sur les postes à pourvoir en CDIÀ la demande du salarié titulaire d'un contrat de travail à durée déterminée justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise, l'employeur l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié formule sa demande par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d'avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l'employeur fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'employeur n'est toutefois pas tenu par ces exigences lorsque le salarié a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l'employeur est un particulier ou une entreprise de moins de 250 salariés, une réponse peut être apportée par oral à compter de la deuxième demande du salarié, si la réponse est inchangée par rapport à celle | 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35396539653562396164646166346430 | article100979 | 38 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | par rapport à celle apportée à la première demande ;Les dispositions figurant ci-dessus sont issues de la loi du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur à compter du 1er novembre 2023. L'indemnité de fin de contrat n'est pas due dans les cas suivants :Contrats saisonniers, y compris le contrat vendanges, sauf dispositions conventionnelles plus favorables ;CDD rompu avant son terme par un salarié qui justifie d'une embauche en CDI ;CDD conclu avec un jeune pendant ses vacances scolaires ou universitaires (« job d'été ») ;CDD qui se poursuit par un CDI ;Sauf dispositions conventionnelles plus favorables, contrat conclu au titre des mesures pour l'emploi ou la formation professionnelle (contrat de professionnalisation, contrat unique d'insertion, CDD conclus dans le cadre d'un contrat de sécurisation professionnelle... ) ;Salarié en CDD qui refuse un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Quels sont les droits collectifs des salariés sous contrat à durée déterminée ? Le salarié en CDD dispose des mêmes droits collectifs que les autres salariés de l'entreprise :Dans les mêmes conditions que les autres salariés, il est électeur et éligible et peut être désigné comme représentant syndical ;iI dispose des mêmes moyens d'action dans l'exercice de son mandat. Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
par rapport à celle apportée à la première demande ;Les dispositions figurant ci-dessus sont issues de la loi du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur à compter du 1er novembre 2023. L'indemnité de fin de contrat n'est pas due dans les cas suivants :Contrats saisonniers, y compris le contrat vendanges, sauf dispositions conventionnelles plus favorables ;CDD rompu avant son terme par un salarié qui justifie d'une embauche en CDI ;CDD conclu avec un jeune pendant ses vacances scolaires ou universitaires (« job d'été ») ;CDD qui se poursuit par un CDI ;Sauf dispositions conventionnelles plus favorables, contrat conclu au titre des mesures pour l'emploi ou la formation professionnelle (contrat de professionnalisation, contrat unique d'insertion, CDD conclus dans le cadre d'un contrat de sécurisation professionnelle... ) ;Salarié en CDD qui refuse un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Quels sont les droits collectifs des salariés sous contrat à durée déterminée ? Le salarié en CDD dispose des mêmes droits collectifs que les autres salariés de l'entreprise :Dans les mêmes conditions que les autres salariés, il est électeur et éligible et peut être désigné comme représentant syndical ;iI dispose des mêmes moyens d'action dans l'exercice de son mandat. Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes | 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38663736663330343061376336373034 | article100979 | 39 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail à durée déterminée en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1247-1 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai, l’acceptation tacite du salarié est réputée acquise). Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. Le salarié est-il pris en compte dans les effectifs de l'entreprise ? Le salarié embauché par contrat à durée déterminée est pris en compte dans le calcul de l'effectif de l'entreprise proportionnellement à son temps de présence dans l'entreprise au cours des 12 mois précédents, sauf lorsqu'il remplace un salarié absent. Dans quelles conditions le contrat peut-il être rompu ? Le CDD peut être rompu avant son échéance uniquement dans les cas suivants (sous réserve des règles particulières éventuellement applicables aux contrats conclus dans le cadre de la politique de l'emploi - ex. contrat unique d'insertion - ou de la recherche, ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié) :A l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail à durée déterminée en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1247-1 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai, l’acceptation tacite du salarié est réputée acquise). Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. Le salarié est-il pris en compte dans les effectifs de l'entreprise ? Le salarié embauché par contrat à durée déterminée est pris en compte dans le calcul de l'effectif de l'entreprise proportionnellement à son temps de présence dans l'entreprise au cours des 12 mois précédents, sauf lorsqu'il remplace un salarié absent. Dans quelles conditions le contrat peut-il être rompu ? Le CDD peut être rompu avant son échéance uniquement dans les cas suivants (sous réserve des règles particulières éventuellement applicables aux contrats conclus dans le cadre de la politique de l'emploi - ex. contrat unique d'insertion - ou de la recherche, ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié) :A l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée | 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63376265393561313562343264363262 | article100979 | 40 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | préavis d'une durée égale à 1 jour par semaine compte tenu de la durée totale du CDD (incluant, le cas échéant, son ou ses deux renouvellements) ou - s'agissant d'un CDD sans terme précis - de la durée du contrat effectuée. Dans tous les cas, le préavis ne peut excéder 2 semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis ;Accord conclu entre l'employeur et le salarié ;Force majeure, c'est-à-dire un événement exceptionnel, imprévisible et insurmontable qui rend impossible l'exécution du contrat de travail (des difficultés économiques ou la liquidation judiciaire de l'entreprise ne constituent pas, pour l'employeur, des situations de force majeure) ;Inaptitude constatée par le médecin du travail. Cette rupture ne peut intervenir qu'à l'issue de la procédure prévue par le code du travail, notamment ses articles L. 1226-10 et L. 1226-11 lorsque l'inaptitude est d'origine professionnelle et L. 1226-4 lorsque l'inaptitude n'est pas d'origine professionnelle. En outre, si le salarié est un salarié protégé, elle ne peut intervenir qu'après autorisation de l'inspecteur du travail. À noter que, selon un avis rendu par la Cour de cassation le 21 octobre 2013 « la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié, constatée par le médecin du travail, telle que prévue à l'article L. 1243-1 du Code du travail, ne doit pas donner lieu à une convocation à un entretien préalable » ;Faute grave de l'employeur | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
préavis d'une durée égale à 1 jour par semaine compte tenu de la durée totale du CDD (incluant, le cas échéant, son ou ses deux renouvellements) ou - s'agissant d'un CDD sans terme précis - de la durée du contrat effectuée. Dans tous les cas, le préavis ne peut excéder 2 semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis ;Accord conclu entre l'employeur et le salarié ;Force majeure, c'est-à-dire un événement exceptionnel, imprévisible et insurmontable qui rend impossible l'exécution du contrat de travail (des difficultés économiques ou la liquidation judiciaire de l'entreprise ne constituent pas, pour l'employeur, des situations de force majeure) ;Inaptitude constatée par le médecin du travail. Cette rupture ne peut intervenir qu'à l'issue de la procédure prévue par le code du travail, notamment ses articles L. 1226-10 et L. 1226-11 lorsque l'inaptitude est d'origine professionnelle et L. 1226-4 lorsque l'inaptitude n'est pas d'origine professionnelle. En outre, si le salarié est un salarié protégé, elle ne peut intervenir qu'après autorisation de l'inspecteur du travail. À noter que, selon un avis rendu par la Cour de cassation le 21 octobre 2013 « la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié, constatée par le médecin du travail, telle que prévue à l'article L. 1243-1 du Code du travail, ne doit pas donner lieu à une convocation à un entretien préalable » ;Faute grave de l'employeur | 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62613439336631363437633436303635 | article100979 | 41 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | de l'employeur ou du salarié (s'il s'agit d'une faute grave - ou lourde - du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire) étant précisé, toutefois, que la rupture du CDD, lorsqu'elle est prononcée pour faute grave, est soumise aux seules prescriptions des articles L. 1332-1 à L. 1332-3 du Code du travail qui ne prévoient aucune formalité pour la convocation à l'entretien préalable à la sanction disciplinaire. Le CDD à objet défini, auquel est consacrée une fiche spécifique peut également être rompu par l'une ou l'autre partie, pour un motif réel et sérieux, 18 mois après sa conclusion puis à la date anniversaire de sa conclusion. Ce contrat doit comporter une clause mentionnant cette possibilité de rupture à la date anniversaire, par l'une ou l'autre partie, pour un motif réel et sérieux et le droit pour le salarié, lorsque cette rupture est à l'initiative de l'employeur, à une indemnité égale à 10 % de la rémunération totale brute du salarié. Selon la Cour de cassation, le refus par le salarié d'un changement de ses conditions de travail ne constitue pas à lui seul une faute grave autorisant l'employeur à rompre le CDD avant l'échéance du terme. Pour une illustration, on peut se reporter à l'arrêt de la Cour de cassation du 20 novembre 2013 ;La rupture du contrat à durée déterminée prononcée en cas d'inaptitude ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur à celui de | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
de l'employeur ou du salarié (s'il s'agit d'une faute grave - ou lourde - du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire) étant précisé, toutefois, que la rupture du CDD, lorsqu'elle est prononcée pour faute grave, est soumise aux seules prescriptions des articles L. 1332-1 à L. 1332-3 du Code du travail qui ne prévoient aucune formalité pour la convocation à l'entretien préalable à la sanction disciplinaire. Le CDD à objet défini, auquel est consacrée une fiche spécifique peut également être rompu par l'une ou l'autre partie, pour un motif réel et sérieux, 18 mois après sa conclusion puis à la date anniversaire de sa conclusion. Ce contrat doit comporter une clause mentionnant cette possibilité de rupture à la date anniversaire, par l'une ou l'autre partie, pour un motif réel et sérieux et le droit pour le salarié, lorsque cette rupture est à l'initiative de l'employeur, à une indemnité égale à 10 % de la rémunération totale brute du salarié. Selon la Cour de cassation, le refus par le salarié d'un changement de ses conditions de travail ne constitue pas à lui seul une faute grave autorisant l'employeur à rompre le CDD avant l'échéance du terme. Pour une illustration, on peut se reporter à l'arrêt de la Cour de cassation du 20 novembre 2013 ;La rupture du contrat à durée déterminée prononcée en cas d'inaptitude ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur à celui de | 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64363961616634353064326263646231 | article100979 | 42 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | à celui de l'indemnité prévue à l'article L. 1234-9 du Code du travail. Lorsque l'inaptitude est d'origine professionnelle, la rupture du contrat ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur au double de ce montant. Cette indemnité de rupture est versée selon les mêmes modalités que l'indemnité de fin de contrat (ou « indemnité de précarité ») précédemment mentionnée. En dehors de ces situations, la rupture prématurée du contrat est sanctionnée, selon qu'elle est le fait de l'employeur ou du salarié :L'employeur doit verser au salarié des dommages-intérêts d'un montant au moins égal aux rémunérations que le salarié aurait perçues jusqu'au terme du contrat ;Le salarié peut être condamné à verser à l'employeur des dommages-intérêts correspondant au préjudice réellement subi par l'entreprise. Quelle est la situation lorsque le salarié refuse, au terme du CDD, une proposition de CDI ? Lorsque le CDD arrive à échéance, l'employeur peut proposer au salarié la conclusion d'un CDI, proposition que le salarié est libre d'accepter ou de refuser. Si le CDI proposé est destiné à occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente pour une durée de travail équivalente, relevant de la même classification et sans changement du lieu de travail, l'employeur doit notifier cette proposition par écrit au salarié. En cas de refus du salarié, l'employeur en informe France Travail (nouvel opérateur du service | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
à celui de l'indemnité prévue à l'article L. 1234-9 du Code du travail. Lorsque l'inaptitude est d'origine professionnelle, la rupture du contrat ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur au double de ce montant. Cette indemnité de rupture est versée selon les mêmes modalités que l'indemnité de fin de contrat (ou « indemnité de précarité ») précédemment mentionnée. En dehors de ces situations, la rupture prématurée du contrat est sanctionnée, selon qu'elle est le fait de l'employeur ou du salarié :L'employeur doit verser au salarié des dommages-intérêts d'un montant au moins égal aux rémunérations que le salarié aurait perçues jusqu'au terme du contrat ;Le salarié peut être condamné à verser à l'employeur des dommages-intérêts correspondant au préjudice réellement subi par l'entreprise. Quelle est la situation lorsque le salarié refuse, au terme du CDD, une proposition de CDI ? Lorsque le CDD arrive à échéance, l'employeur peut proposer au salarié la conclusion d'un CDI, proposition que le salarié est libre d'accepter ou de refuser. Si le CDI proposé est destiné à occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente pour une durée de travail équivalente, relevant de la même classification et sans changement du lieu de travail, l'employeur doit notifier cette proposition par écrit au salarié. En cas de refus du salarié, l'employeur en informe France Travail (nouvel opérateur du service | 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61303931383430323964303964323461 | article100979 | 43 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | du service public de l'emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'employeur est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat à durée déterminée ;L'employeur accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion, une absence de réponse de sa part vaut rejet de cette proposition. En cas de refus exprès ou tacite du salarié dans ce délai, l'employeur dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l'adresse suivante. Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L'employeur doit informer France Travail du refus du salarié d'un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure : a) L'emploi proposé est identique ou similaire à celui occupé ; b) La rémunération proposée est au moins équivalente ; c) La durée de travail | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
du service public de l'emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'employeur est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat à durée déterminée ;L'employeur accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion, une absence de réponse de sa part vaut rejet de cette proposition. En cas de refus exprès ou tacite du salarié dans ce délai, l'employeur dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l'adresse suivante. Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L'employeur doit informer France Travail du refus du salarié d'un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure : a) L'emploi proposé est identique ou similaire à celui occupé ; b) La rémunération proposée est au moins équivalente ; c) La durée de travail | 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33353462323638633039346238613839 | article100979 | 44 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | La durée de travail proposée est équivalente ; d) La classification de l'emploi proposé et le lieu de travail sont identiques. Cette information est également accompagnée de la mention : a) Du délai laissé au salarié pour se prononcer sur la proposition de CDI ; b) De la date de refus exprès du salarié, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'employeur, qui dispose d'un délai de quinze jours à compter de cette demande pour y répondre. À réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2. Droit à l'indemnité de fin de contrat (ou indemnité de précarité) Indépendamment des dispositions mentionnées ci-dessus, on rappelle que l'indemnité de fin de contrat n'est pas due lorsque le salarié refuse d'accepter la conclusion d'un contrat de travail à durée indéterminée pour occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
La durée de travail proposée est équivalente ; d) La classification de l'emploi proposé et le lieu de travail sont identiques. Cette information est également accompagnée de la mention : a) Du délai laissé au salarié pour se prononcer sur la proposition de CDI ; b) De la date de refus exprès du salarié, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'employeur, qui dispose d'un délai de quinze jours à compter de cette demande pour y répondre. À réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2. Droit à l'indemnité de fin de contrat (ou indemnité de précarité) Indépendamment des dispositions mentionnées ci-dessus, on rappelle que l'indemnité de fin de contrat n'est pas due lorsque le salarié refuse d'accepter la conclusion d'un contrat de travail à durée indéterminée pour occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins | 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35633063363538346631393066386434 | article100979 | 45 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | au moins équivalente. Pour éviter toute contestation ultérieure, il est nécessaire que cette proposition de CDI soit formulée par écrit au salarié avant la survenance du terme du CDD ou immédiatement après. Cette absence de droit à l’indemnité de précarité s’applique également lorsque la proposition de l'employeur de transformation de CDD en CDI a été faite après que le salarié ait fait savoir qu’il n’avait pas l’intention de renouveler son CDD (en ce sens, voir l’arrêt de la Cour de cassation du 3 juillet 2024). En d’autres termes, dès lors que l'employeur a offert la conclusion d'un CDI avant le terme du CDD, que le salarié a refusée, l’indemnité de précarité n’est pas due. Dans quels cas le contrat à durée déterminée peut-il être requalifié en contrat à durée indéterminée ? Dans un certain nombre de situations mentionnées à l'article L. 1245-1 du code du travail, le conseil de prud'hommes peut requalifier le contrat à durée déterminée en contrat à durée indéterminée. Il en va ainsi notamment lorsque :Le contrat ne comporte pas la définition précise de son motif ;La relation contractuelle se poursuit après l'échéance du terme ;Les durées maximales fixées par la convention ou l'accord de branche étendu applicable ou, à défaut, par le code du travail, ne sont pas respectées. La demande de requalification peut émaner du salarié ou, dans les conditions fixées par l'article D. 1247-1 du code du travail, d'une organisation syndicale représentative dans l'entreprise. Lorsque le | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
au moins équivalente. Pour éviter toute contestation ultérieure, il est nécessaire que cette proposition de CDI soit formulée par écrit au salarié avant la survenance du terme du CDD ou immédiatement après. Cette absence de droit à l’indemnité de précarité s’applique également lorsque la proposition de l'employeur de transformation de CDD en CDI a été faite après que le salarié ait fait savoir qu’il n’avait pas l’intention de renouveler son CDD (en ce sens, voir l’arrêt de la Cour de cassation du 3 juillet 2024). En d’autres termes, dès lors que l'employeur a offert la conclusion d'un CDI avant le terme du CDD, que le salarié a refusée, l’indemnité de précarité n’est pas due. Dans quels cas le contrat à durée déterminée peut-il être requalifié en contrat à durée indéterminée ? Dans un certain nombre de situations mentionnées à l'article L. 1245-1 du code du travail, le conseil de prud'hommes peut requalifier le contrat à durée déterminée en contrat à durée indéterminée. Il en va ainsi notamment lorsque :Le contrat ne comporte pas la définition précise de son motif ;La relation contractuelle se poursuit après l'échéance du terme ;Les durées maximales fixées par la convention ou l'accord de branche étendu applicable ou, à défaut, par le code du travail, ne sont pas respectées. La demande de requalification peut émaner du salarié ou, dans les conditions fixées par l'article D. 1247-1 du code du travail, d'une organisation syndicale représentative dans l'entreprise. Lorsque le | 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39336534636432376539373665333435 | article100979 | 46 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | Lorsque le conseil de prud'hommes est saisi d'une demande de requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée, l'affaire est directement portée devant le bureau de jugement qui statue au fond dans un délai d'un mois suivant sa saisine. La décision du conseil de prud'hommes est exécutoire de droit à titre provisoire ;La méconnaissance de l'obligation de transmission du CDD au salarié dans les deux jours ouvrables suivant l'embauche ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire ;Lorsque le conseil de prud'hommes fait droit à la demande du salarié, il lui accorde une indemnité, à la charge de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition s'applique sans préjudice de l'application des dispositions du code du travail relatives aux règles de rupture du contrat de travail à durée indéterminée. L'indemnité de requalification a le caractère de dommages et intérêts et n'est donc pas soumise aux charges sociales et fiscales. À noter que, selon la Cour de cassation (arrêt du 9 octobre 2013), la requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée ne porte que sur le terme du contrat et laisse inchangées les stipulations contractuelles relatives à la durée du travail. Ainsi, dès lors que le CDD faisait mention | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Lorsque le conseil de prud'hommes est saisi d'une demande de requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée, l'affaire est directement portée devant le bureau de jugement qui statue au fond dans un délai d'un mois suivant sa saisine. La décision du conseil de prud'hommes est exécutoire de droit à titre provisoire ;La méconnaissance de l'obligation de transmission du CDD au salarié dans les deux jours ouvrables suivant l'embauche ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire ;Lorsque le conseil de prud'hommes fait droit à la demande du salarié, il lui accorde une indemnité, à la charge de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition s'applique sans préjudice de l'application des dispositions du code du travail relatives aux règles de rupture du contrat de travail à durée indéterminée. L'indemnité de requalification a le caractère de dommages et intérêts et n'est donc pas soumise aux charges sociales et fiscales. À noter que, selon la Cour de cassation (arrêt du 9 octobre 2013), la requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée ne porte que sur le terme du contrat et laisse inchangées les stipulations contractuelles relatives à la durée du travail. Ainsi, dès lors que le CDD faisait mention | 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37313161343435643439356262333266 | article100979 | 47 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | CDD faisait mention de la durée du travail et des horaires, en sorte qu'il répondait aux exigences de l'article L. 3123-6 du code du travail, (anciennement, L. 3123-14), il n'y avait pas lieu de considérer qu'il devait, outre sa requalification en CDI, être transformé en contrat à temps plein. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du contrat à durée déterminée , celui-ci devient un contrat à durée indéterminée (dans ce cas, l'indemnité de requalification n'est, en principe, pas due). Le salarié conserve l'ancienneté qu'il avait acquise au terme du contrat de travail à durée déterminée. La durée du contrat de travail à durée déterminée est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail ;L'action en requalification du CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans un arrêt du 29 janvier 2020, « le délai de prescription d'une action en requalification d'un contrat à durée déterminée en contrat à durée indéterminée fondée sur le motif du recours au contrat à durée déterminée énoncé au contrat a pour point de départ le terme du contrat ou, en cas de succession de contrats à durée déterminée, le terme du dernier contrat ». Dès lors, « le salarié est en droit, lorsque la demande en requalification est reconnue fondée, de se prévaloir d'une ancienneté remontant au premier contrat irrégulier. » Lorsqu'il s'agit d'une action en requalification fondée sur l'absence d'une | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
CDD faisait mention de la durée du travail et des horaires, en sorte qu'il répondait aux exigences de l'article L. 3123-6 du code du travail, (anciennement, L. 3123-14), il n'y avait pas lieu de considérer qu'il devait, outre sa requalification en CDI, être transformé en contrat à temps plein. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du contrat à durée déterminée , celui-ci devient un contrat à durée indéterminée (dans ce cas, l'indemnité de requalification n'est, en principe, pas due). Le salarié conserve l'ancienneté qu'il avait acquise au terme du contrat de travail à durée déterminée. La durée du contrat de travail à durée déterminée est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail ;L'action en requalification du CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans un arrêt du 29 janvier 2020, « le délai de prescription d'une action en requalification d'un contrat à durée déterminée en contrat à durée indéterminée fondée sur le motif du recours au contrat à durée déterminée énoncé au contrat a pour point de départ le terme du contrat ou, en cas de succession de contrats à durée déterminée, le terme du dernier contrat ». Dès lors, « le salarié est en droit, lorsque la demande en requalification est reconnue fondée, de se prévaloir d'une ancienneté remontant au premier contrat irrégulier. » Lorsqu'il s'agit d'une action en requalification fondée sur l'absence d'une | 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64613466353734633764613430666531 | article100979 | 48 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | sur l'absence d'une mention dans le CDD, le délai de prescription court à compter de la conclusion de ce contrat (arrêt de la Cour de cassation du 3 mai 2018). La réglementation sur les CDD s'applique-t-elle aux contrats conclus avec les jeunes pendant leurs vacances scolaires ou universitaires ? Oui. Salarié à part entière, le jeune bénéficie des droits et obligations de tout titulaire de contrat à durée déterminée. Cependant, l'indemnité de précarité n'est pas due en fin de contrat lorsque le jeune suit effectivement un cursus scolaire ; elle est en revanche due lorsque le jeune vient d'achever sa scolarité ou ses études universitaires ou lorsque le contrat est conclu pour une période excédant celles des vacances. En outre, si le jeune a moins de 18 ans, des dispositions spécifiques en matière de durée de travail et de rémunération lui sont applicables. Dans quels cas l'employeur encourt-il des sanctions pénales ? L'employeur risque des sanctions pénales (amende de 3 750 euros / en cas de récidive, amende de 7 500 euros et emprisonnement de 6 mois), dans les cas suivants :Contrat conclu afin de pourvoir un emploi permanent ;Défaut de contrat écrit ;Non-respect du délai de transmission du contrat au salarié (dans les 2 jours de l'embauche) ;Absence de respect des cas de recours et d'interdiction de recours ;Absence de mention précise de son objet ;Absence de respect des règles relatives à la durée des contrats et à leur renouvellement ;Absence de respect du délai de carence | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
sur l'absence d'une mention dans le CDD, le délai de prescription court à compter de la conclusion de ce contrat (arrêt de la Cour de cassation du 3 mai 2018). La réglementation sur les CDD s'applique-t-elle aux contrats conclus avec les jeunes pendant leurs vacances scolaires ou universitaires ? Oui. Salarié à part entière, le jeune bénéficie des droits et obligations de tout titulaire de contrat à durée déterminée. Cependant, l'indemnité de précarité n'est pas due en fin de contrat lorsque le jeune suit effectivement un cursus scolaire ; elle est en revanche due lorsque le jeune vient d'achever sa scolarité ou ses études universitaires ou lorsque le contrat est conclu pour une période excédant celles des vacances. En outre, si le jeune a moins de 18 ans, des dispositions spécifiques en matière de durée de travail et de rémunération lui sont applicables. Dans quels cas l'employeur encourt-il des sanctions pénales ? L'employeur risque des sanctions pénales (amende de 3 750 euros / en cas de récidive, amende de 7 500 euros et emprisonnement de 6 mois), dans les cas suivants :Contrat conclu afin de pourvoir un emploi permanent ;Défaut de contrat écrit ;Non-respect du délai de transmission du contrat au salarié (dans les 2 jours de l'embauche) ;Absence de respect des cas de recours et d'interdiction de recours ;Absence de mention précise de son objet ;Absence de respect des règles relatives à la durée des contrats et à leur renouvellement ;Absence de respect du délai de carence | 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30616639376634353434646266653636 | article100979 | 49 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | du délai de carence entre deux CDD ;Non-respect du principe d'égalité de rémunération entre salarié en CDD et salarié en CDI ;Non-respect des dispositions sur l'allongement de la durée du contrat pour certains salariés exposés à des rayonnements ionisants. Lorsqu'il constate un recours abusif aux contrats à durée déterminée et aux contrats de travail temporaire ou un accroissement important de salariés titulaires de ces contrats, le comité social et économique (CSE) peut saisir l'agent de contrôle de l'inspection du travail. Ce dernier peut demander à l'employeur, en cas de recours abusif à ces contrats, de mettre en œuvre un plan de résorption de la précarité dans son entreprise.Textes de référence Articles L. 1221-25, L. 1241-1 à L. 1248-11, L. 2312-71, L. 4154-1, D. 1242-1 à R. 1243-2, R. 1245-1, D. 1247-1, D. 1247-2, D. 4154-1 à D. 4154-6 du Code du travailArticles L. 5213-13-2, R. 5213-76 et R. 5213-79 à R. 5213-79-2 du code du travail (CDD Tremplin) Articles L. 718-4 et suivants du Code rural et de la pêche maritimeArticles L. 412-3 et L. 431-5 du code de la rechercheDécret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CDD « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 relatif au refus par un salarié d'une proposition de contrat de travail à durée indéterminée à l'issue d'un contrat de travail à durée déterminée (JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
du délai de carence entre deux CDD ;Non-respect du principe d'égalité de rémunération entre salarié en CDD et salarié en CDI ;Non-respect des dispositions sur l'allongement de la durée du contrat pour certains salariés exposés à des rayonnements ionisants. Lorsqu'il constate un recours abusif aux contrats à durée déterminée et aux contrats de travail temporaire ou un accroissement important de salariés titulaires de ces contrats, le comité social et économique (CSE) peut saisir l'agent de contrôle de l'inspection du travail. Ce dernier peut demander à l'employeur, en cas de recours abusif à ces contrats, de mettre en œuvre un plan de résorption de la précarité dans son entreprise.Textes de référence Articles L. 1221-25, L. 1241-1 à L. 1248-11, L. 2312-71, L. 4154-1, D. 1242-1 à R. 1243-2, R. 1245-1, D. 1247-1, D. 1247-2, D. 4154-1 à D. 4154-6 du Code du travailArticles L. 5213-13-2, R. 5213-76 et R. 5213-79 à R. 5213-79-2 du code du travail (CDD Tremplin) Articles L. 718-4 et suivants du Code rural et de la pêche maritimeArticles L. 412-3 et L. 431-5 du code de la rechercheDécret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CDD « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 relatif au refus par un salarié d'une proposition de contrat de travail à durée indéterminée à l'issue d'un contrat de travail à durée déterminée (JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de | 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39383734376233623461333039393064 | article100979 | 50 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)"
] | 10 ; modalités de transmission des informations à France Travail en cas de refus de CDI)Fiches complémentaires La rémunération du salarié sous contrat à durée déterminéeLe temps de travail des jeunes de moins de 18 ansLe CPF de transition professionnelleLe CDD « senior »Le CDD à objet définiLes entreprises adaptées | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
10 ; modalités de transmission des informations à France Travail en cas de refus de CDI)Fiches complémentaires La rémunération du salarié sous contrat à durée déterminéeLe temps de travail des jeunes de moins de 18 ansLe CPF de transition professionnelleLe CDD « senior »Le CDD à objet définiLes entreprises adaptées | 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61356464316232336564386232333565 | article100979 | 51 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | Remplacement d'un salarié absentUn salarié embauché en contrat à durée déterminée peut remplacer tout salarié absent de l'entreprise quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève.Dans ce cas, comme l'a rappelé la Cour de cassation dans un arrêt du 11 juillet 2012 un contrat à durée déterminée ne peut être conclu pour le remplacement de plusieurs salariés (pour une exception, voir ci-dessous).Le CDD peut également permettre :Le remplacement temporaire d'un chef d'exploitation agricole, d'un aide familial, d'un associé d'exploitation ou de leur conjoint dès lors qu'il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole ;Le remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale.Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... )Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit entre le salarié et l'employeur.Attente de la prise de fonction d'un nouveau salariéUn salarié sous contrat à | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Remplacement d'un salarié absentUn salarié embauché en contrat à durée déterminée peut remplacer tout salarié absent de l'entreprise quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève.Dans ce cas, comme l'a rappelé la Cour de cassation dans un arrêt du 11 juillet 2012 un contrat à durée déterminée ne peut être conclu pour le remplacement de plusieurs salariés (pour une exception, voir ci-dessous).Le CDD peut également permettre :Le remplacement temporaire d'un chef d'exploitation agricole, d'un aide familial, d'un associé d'exploitation ou de leur conjoint dès lors qu'il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole ;Le remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale.Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... )Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit entre le salarié et l'employeur.Attente de la prise de fonction d'un nouveau salariéUn salarié sous contrat à | 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61663537353430326435356631626638 | article100979 | 52 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | sous contrat à durée déterminée peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée.Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entrepriseExpérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d'un contrat à durée déterminée (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l'article L. 1242-2 du Code du travail, un seul CDD peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret du 12 avril 2023 cité en référence (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise ;Le décret du 10 juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
sous contrat à durée déterminée peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée.Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entrepriseExpérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d'un contrat à durée déterminée (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l'article L. 1242-2 du Code du travail, un seul CDD peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret du 12 avril 2023 cité en référence (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise ;Le décret du 10 juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, | 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34313233383434333239366666323265 | article100979 | 53 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CDD pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu) ;Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail temporaire ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site.Accroissement temporaire de l'activité de l'entrepriseToutefois un CDD ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement.Emplois à caractère saisonnierLe recours au CDD est possible pour des emplois à caractère saisonnier, dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Sont notamment concernés le secteur agricole, les industries agroalimentaires et le tourisme.Le contrat de travail à caractère saisonnier peut comporter une clause de reconduction pour la saison suivante (voir aussi ci-dessous). Une convention ou un accord collectif de travail peut également prévoir que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CDD pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu) ;Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail temporaire ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site.Accroissement temporaire de l'activité de l'entrepriseToutefois un CDD ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement.Emplois à caractère saisonnierLe recours au CDD est possible pour des emplois à caractère saisonnier, dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Sont notamment concernés le secteur agricole, les industries agroalimentaires et le tourisme.Le contrat de travail à caractère saisonnier peut comporter une clause de reconduction pour la saison suivante (voir aussi ci-dessous). Une convention ou un accord collectif de travail peut également prévoir que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même | 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38323835306264646239633266353039 | article100985 | 7 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Lire en complément"
] | Le contrat de travail à durée déterminéeLe contrat de travail temporaire | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Le contrat de travail à durée déterminéeLe contrat de travail temporaire | 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64663562656330353736313663396531 | article100979 | 54 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | un emploi de même nature, pour la même saison de l'année suivante ; ce texte en définit alors les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi.Pour calculer l'ancienneté du salarié, les durées des contrats de travail à caractère saisonnier successifs dans une même entreprise sont cumulées. Pour l'application de cette disposition dans les branches où l'emploi saisonnier est particulièrement développé, (ces branches sont définies par l'arrêté du 5 mai 2017), à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, les contrats de travail à caractère saisonnier dans une même entreprise sont considérés comme successifs lorsqu'ils sont conclus sur une ou plusieurs saisons, y compris lorsqu'ils ont été interrompus par des périodes sans activité dans cette entreprise. Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise :L'employeur informe le salarié sous contrat de travail à caractère saisonnier, par tout moyen permettant de conférer date certaine à cette information (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel avec accusé de réception, etc. ), des conditions de reconduction de son contrat avant l'échéance de ce dernier ;Tout salarié ayant été | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
un emploi de même nature, pour la même saison de l'année suivante ; ce texte en définit alors les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi.Pour calculer l'ancienneté du salarié, les durées des contrats de travail à caractère saisonnier successifs dans une même entreprise sont cumulées. Pour l'application de cette disposition dans les branches où l'emploi saisonnier est particulièrement développé, (ces branches sont définies par l'arrêté du 5 mai 2017), à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, les contrats de travail à caractère saisonnier dans une même entreprise sont considérés comme successifs lorsqu'ils sont conclus sur une ou plusieurs saisons, y compris lorsqu'ils ont été interrompus par des périodes sans activité dans cette entreprise. Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise :L'employeur informe le salarié sous contrat de travail à caractère saisonnier, par tout moyen permettant de conférer date certaine à cette information (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel avec accusé de réception, etc. ), des conditions de reconduction de son contrat avant l'échéance de ce dernier ;Tout salarié ayant été | 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61613738343137656566333666313533 | article100979 | 55 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors qu'il a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives et que l'employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Il appartient à l'employeur d'informer le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que ces deux conditions sont réunies, sauf motif dûment fondé.Recrutement d'ingénieurs et de cadresUn contrat de travail à durée déterminée peut être conclu pour le recrutement d'ingénieurs et de cadres, au sens des conventions collectives, en vue de la réalisation d'un objet défini lorsqu'un accord de branche étendu ou, à défaut, un accord d'entreprise le prévoit. Ce contrat est conclu pour une durée minimale de dix-huit mois et une durée maximale de trente six mois. Il ne peut pas être renouvelé.Ce dispositif (« CDD à objet défini ») est, sauf précisions contraires, soumis aux dispositions présentées ici, et fait l'objet d'une fiche spécifique à laquelle on se reportera.Contrats à durée déterminée « d'usage »Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou d'accord collectif | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors qu'il a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives et que l'employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Il appartient à l'employeur d'informer le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que ces deux conditions sont réunies, sauf motif dûment fondé.Recrutement d'ingénieurs et de cadresUn contrat de travail à durée déterminée peut être conclu pour le recrutement d'ingénieurs et de cadres, au sens des conventions collectives, en vue de la réalisation d'un objet défini lorsqu'un accord de branche étendu ou, à défaut, un accord d'entreprise le prévoit. Ce contrat est conclu pour une durée minimale de dix-huit mois et une durée maximale de trente six mois. Il ne peut pas être renouvelé.Ce dispositif (« CDD à objet défini ») est, sauf précisions contraires, soumis aux dispositions présentées ici, et fait l'objet d'une fiche spécifique à laquelle on se reportera.Contrats à durée déterminée « d'usage »Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou d'accord collectif | 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38633433633139626136656639366564 | article100979 | 56 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | d'accord collectif étendu. Leur liste figure à l'article D. 1242-1 du Code du travailPour ce type de contrats, comme pour les contrats saisonniers (voir ci-avant), lorsque la durée du contrat de travail est inférieure à un mois, un seul bulletin de paie est émis par l'employeur.Pour plus de précisions sur les CDD d'usage, on se reportera à la fiche qui leur est consacrée.Cas particuliersPeuvent motiver la conclusion de contrats à durée déterminée des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes. En revanche, sous réserve des dérogations prévues par les articles D. 4154-2 à D. 4154-6, il est interdit d'employer un salarié en CDD pour effectuer des travaux dangereux (exposition à certains agents nocifs) dont la liste est donnée par l'article D. 4154-1 du Code du travailEnfin, dans les conditions fixées par les articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritime, des CDD d'une durée maximale d'un mois peuvent être conclus pour la réalisation de travaux de vendanges.CDD conclus dans le cadre de la politique de l'emploi ou de la politique de la recherche (article L. 1242-3 du Code du travail)Les embauches effectuées dans le cadre de la politique de l'emploi peuvent également être réalisées à durée déterminée, les contrats répondant alors, sur | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
d'accord collectif étendu. Leur liste figure à l'article D. 1242-1 du Code du travailPour ce type de contrats, comme pour les contrats saisonniers (voir ci-avant), lorsque la durée du contrat de travail est inférieure à un mois, un seul bulletin de paie est émis par l'employeur.Pour plus de précisions sur les CDD d'usage, on se reportera à la fiche qui leur est consacrée.Cas particuliersPeuvent motiver la conclusion de contrats à durée déterminée des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes. En revanche, sous réserve des dérogations prévues par les articles D. 4154-2 à D. 4154-6, il est interdit d'employer un salarié en CDD pour effectuer des travaux dangereux (exposition à certains agents nocifs) dont la liste est donnée par l'article D. 4154-1 du Code du travailEnfin, dans les conditions fixées par les articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritime, des CDD d'une durée maximale d'un mois peuvent être conclus pour la réalisation de travaux de vendanges.CDD conclus dans le cadre de la politique de l'emploi ou de la politique de la recherche (article L. 1242-3 du Code du travail)Les embauches effectuées dans le cadre de la politique de l'emploi peuvent également être réalisées à durée déterminée, les contrats répondant alors, sur | 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66623066643766386661306430656361 | article100979 | 57 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | alors, sur certains points (durée maximale, possibilité de suspension, renouvellement, rupture anticipée à l'initiative du salarié...), à des règles particulières. Sont notamment concernés les contrats de professionnalisation et le contrat unique d'insertion. Il en est de même lorsque l'employeur s'engage, sous certaines conditions, à assurer un complément de formation professionnelle à certains salariés (par exemple, élèves d'établissement d'enseignement effectuant des stages prévus dans un cycle d'études et liés aux études ou à l'obtention d'un diplôme ou d'une spécialisation). Les contrats de travail à durée déterminée conclus dans ces cas de figure obéissent, pour une large part, à des règles particulières. Ils peuvent être requalifiés en CDI lorsque les conditions prévues ne sont pas réunies (par exemple, absence de formation). C'est également dans le cadre de la politique de l'emploi que peuvent être conclus les CDD « senior » (voir précisions ci-dessous) et les CDD conclus par les entreprises adaptées avec des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du code du travail. Les CDD ainsi conclus (appelés « CDD Tremplin ») ouvrent droit à une aide financière de l’Etat et doivent permettre de faciliter la transition professionnelle de leurs titulaires vers d'autres entreprises. Ils prévoient un accompagnement renforcé destiné à favoriser la réalisation d'un projet professionnel et la valorisation des compétences acquises durant la formation, et | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
alors, sur certains points (durée maximale, possibilité de suspension, renouvellement, rupture anticipée à l'initiative du salarié...), à des règles particulières. Sont notamment concernés les contrats de professionnalisation et le contrat unique d'insertion. Il en est de même lorsque l'employeur s'engage, sous certaines conditions, à assurer un complément de formation professionnelle à certains salariés (par exemple, élèves d'établissement d'enseignement effectuant des stages prévus dans un cycle d'études et liés aux études ou à l'obtention d'un diplôme ou d'une spécialisation). Les contrats de travail à durée déterminée conclus dans ces cas de figure obéissent, pour une large part, à des règles particulières. Ils peuvent être requalifiés en CDI lorsque les conditions prévues ne sont pas réunies (par exemple, absence de formation). C'est également dans le cadre de la politique de l'emploi que peuvent être conclus les CDD « senior » (voir précisions ci-dessous) et les CDD conclus par les entreprises adaptées avec des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du code du travail. Les CDD ainsi conclus (appelés « CDD Tremplin ») ouvrent droit à une aide financière de l’Etat et doivent permettre de faciliter la transition professionnelle de leurs titulaires vers d'autres entreprises. Ils prévoient un accompagnement renforcé destiné à favoriser la réalisation d'un projet professionnel et la valorisation des compétences acquises durant la formation, et | 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62363039306630353564366162616134 | article100986 | 0 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"Le travail saisonnier"
] | À savoir ! Sauf convention ou accord collectif contraire, l'indemnité de fin de contrat (ou « indemnité de précarité ») versée en principe à la fin du CDD n'est pas due dans le cadre des contrats saisonniers. | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
À savoir ! Sauf convention ou accord collectif contraire, l'indemnité de fin de contrat (ou « indemnité de précarité ») versée en principe à la fin du CDD n'est pas due dans le cadre des contrats saisonniers. | 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33383764363938316430376631393666 | article100979 | 58 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | la formation, et répondent aux dispositions particulières visées notamment aux articles R. 5213-79 à R. 5213-79-2 du code du travail. Afin de favoriser le développement de la recherche, un CDD, répondant à certaines règles particulières (durée, renouvellement, etc. ) peut également être conclu :Lorsque l'employeur confie des activités de recherche au salarié et participe à sa formation à la recherche et par la recherche dans les conditions fixées à l'article L. 412-3 du code de la recherche. Cet article, permet la conclusion d'un CDD dénommé « contrat doctoral de droit privé » dont les modalités de mise en œuvre sont fixées par le décret n° 2021-1233 du 25 septembre 2021 en vigueur depuis le 27 septembre 2021 ;Lorsque l'employeur confie au salarié, dans les conditions fixées à l'article L. 431-5 du même code, des activités de recherche en vue de la réalisation d'un objet défini et qu'il s'engage à fournir au salarié une expérience professionnelle complémentaire au diplôme de doctorat prévu à l'article L. 612-7 du code de l'éducation . Les modalités de mise en œuvre de ce type particulier de CDD « à objet défini » (dit « contrat postdoctoral de droit privé ») sont fixées par le décret n° 2021-1232 du 25 septembre 2021Le CDD « senior »Afin de favoriser le retour à l'emploi des salariés âgés et de leur permettre d'acquérir des droits supplémentaires en vue de la liquidation de leur retraite à taux plein, tout employeur visé à l'article L. 2212-1 du Code du travail (à | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
la formation, et répondent aux dispositions particulières visées notamment aux articles R. 5213-79 à R. 5213-79-2 du code du travail. Afin de favoriser le développement de la recherche, un CDD, répondant à certaines règles particulières (durée, renouvellement, etc. ) peut également être conclu :Lorsque l'employeur confie des activités de recherche au salarié et participe à sa formation à la recherche et par la recherche dans les conditions fixées à l'article L. 412-3 du code de la recherche. Cet article, permet la conclusion d'un CDD dénommé « contrat doctoral de droit privé » dont les modalités de mise en œuvre sont fixées par le décret n° 2021-1233 du 25 septembre 2021 en vigueur depuis le 27 septembre 2021 ;Lorsque l'employeur confie au salarié, dans les conditions fixées à l'article L. 431-5 du même code, des activités de recherche en vue de la réalisation d'un objet défini et qu'il s'engage à fournir au salarié une expérience professionnelle complémentaire au diplôme de doctorat prévu à l'article L. 612-7 du code de l'éducation . Les modalités de mise en œuvre de ce type particulier de CDD « à objet défini » (dit « contrat postdoctoral de droit privé ») sont fixées par le décret n° 2021-1232 du 25 septembre 2021Le CDD « senior »Afin de favoriser le retour à l'emploi des salariés âgés et de leur permettre d'acquérir des droits supplémentaires en vue de la liquidation de leur retraite à taux plein, tout employeur visé à l'article L. 2212-1 du Code du travail (à | 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61653365393432343332343131656532 | article100979 | 59 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | Code du travail (à l'exception des professions agricoles) peut conclure un CDD avec une personne âgée de plus de 57 ans inscrite depuis plus de 3 mois comme demandeur d'emploi ou bénéficiant d'une convention de reclassement personnalisé (CRP ; ce dispositif, en vigueur lors de la création du CDD « senior » a depuis été remplacé par le contrat de sécurisation professionnelle). Ce CDD sera alors conclu en application de l'article L. 1242-3 du Code du travail. D'une durée maximale de 18 mois, il peut être renouvelé une fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder 36 mois.Pour plus de précisions sur le CDD « senior », on se reportera à la fiche consacrée à ce dispositif.Le CDD « joueur professionnel »Le joueur professionnel salarié de jeu vidéo compétitif est défini comme toute personne ayant pour activité rémunérée la participation à des compétitions de jeu vidéo dans un lien de subordination juridique avec une association ou une société bénéficiant d'un agrément ministériel. Tout contrat par lequel une association ou une société bénéficiant de cet agrément s'assurera, moyennant rémunération, le concours d'un de ces joueurs sera un contrat de travail à durée déterminée qui, pour l'essentiel, devra répondre, non pas aux dispositions présentées dans cette fiche, mais à celles (durée minimale, mentions obligatoires, etc. ) spécifiquement prévues par l'article 102 de la loi n° 2016-1321 du 7 octobre 2016. Les modalités de mise en œuvre | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Code du travail (à l'exception des professions agricoles) peut conclure un CDD avec une personne âgée de plus de 57 ans inscrite depuis plus de 3 mois comme demandeur d'emploi ou bénéficiant d'une convention de reclassement personnalisé (CRP ; ce dispositif, en vigueur lors de la création du CDD « senior » a depuis été remplacé par le contrat de sécurisation professionnelle). Ce CDD sera alors conclu en application de l'article L. 1242-3 du Code du travail. D'une durée maximale de 18 mois, il peut être renouvelé une fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder 36 mois.Pour plus de précisions sur le CDD « senior », on se reportera à la fiche consacrée à ce dispositif.Le CDD « joueur professionnel »Le joueur professionnel salarié de jeu vidéo compétitif est défini comme toute personne ayant pour activité rémunérée la participation à des compétitions de jeu vidéo dans un lien de subordination juridique avec une association ou une société bénéficiant d'un agrément ministériel. Tout contrat par lequel une association ou une société bénéficiant de cet agrément s'assurera, moyennant rémunération, le concours d'un de ces joueurs sera un contrat de travail à durée déterminée qui, pour l'essentiel, devra répondre, non pas aux dispositions présentées dans cette fiche, mais à celles (durée minimale, mentions obligatoires, etc. ) spécifiquement prévues par l'article 102 de la loi n° 2016-1321 du 7 octobre 2016. Les modalités de mise en œuvre | 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36623033326139646134316364303263 | article100979 | 60 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas peut-on embaucher sous contrat à durée déterminée ?"
] | de mise en œuvre de ces dispositions sont fixées par le décret n° 2017-872 du 9 mai 2017. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
de mise en œuvre de ces dispositions sont fixées par le décret n° 2017-872 du 9 mai 2017. | 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62383532623335343164396334613432 | article100979 | 61 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée du contrat ?"
] | Les principes applicablesUn contrat à durée déterminée est conclu pour une durée limitée et précisée, au départ, dans le contrat. Il prend fin soit à la date fixée soit - en l'absence de terme précis - lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). La durée totale, compte tenu du ou des deux renouvellement(s) éventuel(s), ne doit pas dépasser la limite maximale autorisée.Suspension du CDDLa suspension du contrat de travail à durée déterminée (par exemple, en cas de maladie) ne fait pas obstacle à l'échéance du terme :Si le contrat est de date à date et que le terme prévu survient pendant la période de suspension, le contrat prend fin à la date prévue, sans être prolongé de la durée de la suspension. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la survenance du terme fixé au contrat ;Lorsque le contrat n'est pas de date à date, c'est la réalisation de l'objet pour lequel il a été conclu qui constitue le terme du contrat. Si cet objet est réalisé pendant la période de suspension, le contrat prend fin dès la réalisation de cet objet. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la réalisation de l'objet du contrat.Le CDD à objet défini est conclu pour une durée minimale de 18 mois et une durée maximale de 36 mois. Il ne peut pas être renouvelé ; il fait l'objet d'une fiche spécifique à laquelle on se reportera.Le contrat | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Les principes applicablesUn contrat à durée déterminée est conclu pour une durée limitée et précisée, au départ, dans le contrat. Il prend fin soit à la date fixée soit - en l'absence de terme précis - lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). La durée totale, compte tenu du ou des deux renouvellement(s) éventuel(s), ne doit pas dépasser la limite maximale autorisée.Suspension du CDDLa suspension du contrat de travail à durée déterminée (par exemple, en cas de maladie) ne fait pas obstacle à l'échéance du terme :Si le contrat est de date à date et que le terme prévu survient pendant la période de suspension, le contrat prend fin à la date prévue, sans être prolongé de la durée de la suspension. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la survenance du terme fixé au contrat ;Lorsque le contrat n'est pas de date à date, c'est la réalisation de l'objet pour lequel il a été conclu qui constitue le terme du contrat. Si cet objet est réalisé pendant la période de suspension, le contrat prend fin dès la réalisation de cet objet. Dans le cas contraire, le contrat reprend dès la fin de la suspension et se poursuit jusqu'à la réalisation de l'objet du contrat.Le CDD à objet défini est conclu pour une durée minimale de 18 mois et une durée maximale de 36 mois. Il ne peut pas être renouvelé ; il fait l'objet d'une fiche spécifique à laquelle on se reportera.Le contrat | 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65356237623639636233663035353332 | article100979 | 62 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée du contrat ?"
] | contrat vendanges obéit à un régime particulier détaillé dans la fiche qui lui est consacrée.Par ailleurs, la durée du CDD obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants ; les dispositions applicables figurent à l'article L. 1243-12 du code du travail.Fixation de la durée totale du CDD par convention ou accord de branche étenduUne convention ou un accord de branche étendu peut fixer la durée maximale totale du contrat de travail à durée déterminée. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.Si une telle convention ou un tel accord de branche est conclu, ses dispositions ne seront toutefois applicables ni aux CDD à objet défini ni à ceux conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, voir précisions ci-dessus).Dispositions applicables à défaut de convention ou accord de brancheÀ défaut de stipulations prévues par la convention ou l'accord de branche étendu, les dispositions applicables sont celles mentionnées dans le tableau ci-dessous.Cas de recoursDurée maximale totale Pour le cas particulier du CDD à objet défini, on se reportera à la fiche consacrée à ce dispositif Contratde date à date (1)Contrat sansterme certainRemplacement d'un salarié absent ou dont le contrat | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
contrat vendanges obéit à un régime particulier détaillé dans la fiche qui lui est consacrée.Par ailleurs, la durée du CDD obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants ; les dispositions applicables figurent à l'article L. 1243-12 du code du travail.Fixation de la durée totale du CDD par convention ou accord de branche étenduUne convention ou un accord de branche étendu peut fixer la durée maximale totale du contrat de travail à durée déterminée. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.Si une telle convention ou un tel accord de branche est conclu, ses dispositions ne seront toutefois applicables ni aux CDD à objet défini ni à ceux conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, voir précisions ci-dessus).Dispositions applicables à défaut de convention ou accord de brancheÀ défaut de stipulations prévues par la convention ou l'accord de branche étendu, les dispositions applicables sont celles mentionnées dans le tableau ci-dessous.Cas de recoursDurée maximale totale Pour le cas particulier du CDD à objet défini, on se reportera à la fiche consacrée à ce dispositif Contratde date à date (1)Contrat sansterme certainRemplacement d'un salarié absent ou dont le contrat | 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61663038643038366361613664666261 | article100979 | 63 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée du contrat ?"
] | ou dont le contrat de travail est suspendu (2)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (2)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (3)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (2)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (2)18 moisRéalisation de l'objet du contratMission effectuée à l'étranger (2)24 moisRéalisation de l'objet du contratContrat en vue de favoriser l'embauche de personnes sans emploi (CUI-CIE, CUI-CAE,...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossibleContrat en vue d'assurer un complément de formation professionnelle (contrat de professionnalisation...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossible(1) Le contrat de date à date peut être renouvelé une ou deux fois pour une durée qui peut être inférieure, | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
ou dont le contrat de travail est suspendu (2)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (2)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (3)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (2)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (2)18 moisRéalisation de l'objet du contratMission effectuée à l'étranger (2)24 moisRéalisation de l'objet du contratContrat en vue de favoriser l'embauche de personnes sans emploi (CUI-CIE, CUI-CAE,...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossibleContrat en vue d'assurer un complément de formation professionnelle (contrat de professionnalisation...)Durée fixée par la loi ou le règlement pour chaque type de contratImpossible(1) Le contrat de date à date peut être renouvelé une ou deux fois pour une durée qui peut être inférieure, | 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61393563323433313236346631363438 | article100979 | 64 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée du contrat ?"
] | être inférieure, égale ou supérieure à la durée initiale du contrat. (2) Le contrat doit comporter une durée minimale s'il est à terme incertain. (3) Le contrat doit être conclu pour une durée qui ne peut être inférieure à six mois.Renouvellement du contratUne convention ou un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un contrat de travail à durée déterminée. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu.Fixation du nombre de renouvellements par convention ou accord de brancheLes stipulations d'une telle convention ou d'un tel accord ne peuvent concerner les CDD conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, conclus au titre de l'article L. 1242-3 du Code du travail, voir précisions ci-dessus).À défaut de stipulation dans la convention ou l'accord de branche étendu mentionné ci-dessus, les dispositions suivantes sont applicables :Le CDD est renouvelable deux fois pour une durée déterminée ;La durée du ou, le cas échéant, des deux renouvellements, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale totale prévue par les stipulations de la convention ou | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
être inférieure, égale ou supérieure à la durée initiale du contrat. (2) Le contrat doit comporter une durée minimale s'il est à terme incertain. (3) Le contrat doit être conclu pour une durée qui ne peut être inférieure à six mois.Renouvellement du contratUne convention ou un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un contrat de travail à durée déterminée. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu.Fixation du nombre de renouvellements par convention ou accord de brancheLes stipulations d'une telle convention ou d'un tel accord ne peuvent concerner les CDD conclus au titre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié (sur ces contrats, conclus au titre de l'article L. 1242-3 du Code du travail, voir précisions ci-dessus).À défaut de stipulation dans la convention ou l'accord de branche étendu mentionné ci-dessus, les dispositions suivantes sont applicables :Le CDD est renouvelable deux fois pour une durée déterminée ;La durée du ou, le cas échéant, des deux renouvellements, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale totale prévue par les stipulations de la convention ou | 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35303636623462323166333039396633 | article100979 | 65 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée du contrat ?"
] | de la convention ou de l'accord de branche étendu fixant la durée totale du CDD ou, à défaut, par les dispositions figurant dans le tableau ci-dessus ;Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu ;Ces dispositions ne sont pas applicables au contrat de travail à durée déterminée conclu en application de l'article L. 1242-3 du Code du travail (CDD conclus dans le cadre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié), qui restent soumis à des règles particulières. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
de la convention ou de l'accord de branche étendu fixant la durée totale du CDD ou, à défaut, par les dispositions figurant dans le tableau ci-dessus ;Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu ;Ces dispositions ne sont pas applicables au contrat de travail à durée déterminée conclu en application de l'article L. 1242-3 du Code du travail (CDD conclus dans le cadre de la politique de l'emploi ou de la recherche ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié), qui restent soumis à des règles particulières. | 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39363537306164303962643335616330 | article100979 | 66 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quel délai respecter entre deux contrats à durée déterminée ?"
] | Fixation du délai de carence (succession de CDD sur le même poste de travail)Lorsqu'un contrat de travail à durée déterminée prend fin, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée ni à un contrat de travail temporaire, avant l'expiration d'une période (appelée « délai de carence ») calculée en fonction de la durée du contrat incluant, le cas échéant, son ou ses renouvellements. Ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre, sous réserve des précisions mentionnées ci-après.Calcul du délai de carenceLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence.Une convention ou un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.À défaut de stipulation dans la convention ou l'accord de branche étendu, ce délai de carence est égal :Au tiers de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus ; ainsi, un poste pourvu par un | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Fixation du délai de carence (succession de CDD sur le même poste de travail)Lorsqu'un contrat de travail à durée déterminée prend fin, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée ni à un contrat de travail temporaire, avant l'expiration d'une période (appelée « délai de carence ») calculée en fonction de la durée du contrat incluant, le cas échéant, son ou ses renouvellements. Ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre, sous réserve des précisions mentionnées ci-après.Calcul du délai de carenceLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d'ouverture de l'entreprise ou de l'établissement concerné. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence.Une convention ou un accord de branche étendu peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise.À défaut de stipulation dans la convention ou l'accord de branche étendu, ce délai de carence est égal :Au tiers de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus ; ainsi, un poste pourvu par un | 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37313563376331333637663966306637 | article100979 | 67 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quel délai respecter entre deux contrats à durée déterminée ?"
] | poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en CDD pendant 10 jours ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de 5 jours.Non-application du délai de carenceDans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, une convention ou un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable (en l'absence de dispositions conventionnelles, voir ci-dessous). Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, à laquelle on se reportera, ces dispositions, « ne permettent à une convention ou un accord de branche étendu de déroger au principe [...] de l'application d'un délai de carence que dans certains cas seulement, qu'il lui appartient alors de définir. Elles font, par suite, obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas de façon générale dans tous les cas de succession de contrats à durée déterminée. »À défaut de stipulation dans la convention ou l'accord de branche mentionné ci-dessus, le délai de | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
poste pourvu par un CDD de trois mois ne peut faire l'objet d'un nouveau CDD avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en CDD pendant 10 jours ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de 5 jours.Non-application du délai de carenceDans le respect du principe selon lequel aucun CDD ne saurait avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, une convention ou un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable (en l'absence de dispositions conventionnelles, voir ci-dessous). Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, à laquelle on se reportera, ces dispositions, « ne permettent à une convention ou un accord de branche étendu de déroger au principe [...] de l'application d'un délai de carence que dans certains cas seulement, qu'il lui appartient alors de définir. Elles font, par suite, obstacle à ce qu'une telle convention ou accord de branche puisse légalement prévoir que le délai de carence ne s'appliquera pas de façon générale dans tous les cas de succession de contrats à durée déterminée. »À défaut de stipulation dans la convention ou l'accord de branche mentionné ci-dessus, le délai de | 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34303662386133323939336166353135 | article100979 | 68 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quel délai respecter entre deux contrats à durée déterminée ?"
] | le délai de carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de travail à durée déterminée est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...) ;Lorsque le contrat est conclu en application de l'article L. 1242-3 du code du travail (contrats conclus au titre des mesures pour l'emploi ou la formation professionnelle) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat, pour la durée du contrat non renouvelé.Succession de CDD avec le même salariéLa conclusion de CDD | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
le délai de carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de travail à durée déterminée est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial...) ;Lorsque le contrat est conclu en application de l'article L. 1242-3 du code du travail (contrats conclus au titre des mesures pour l'emploi ou la formation professionnelle) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat, pour la durée du contrat non renouvelé.Succession de CDD avec le même salariéLa conclusion de CDD | 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34366437353265343664323761336635 | article100979 | 69 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quel délai respecter entre deux contrats à durée déterminée ?"
] | conclusion de CDD successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des cas (remplacement d'un salarié absent, emplois à caractère saisonnier, etc. ) visés par l'article L. 1244-1 du code du travail. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents, en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Une telle succession de CDD ne saurait toutefois avoir pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, faute de quoi le contrat pourrait être requalifié en contrat de travail à durée indéterminée (CDI).Dans les situations autres que celles mentionnées ci-dessus, l'employeur ne peut conclure un nouveau CDD avec un même salarié qu'à la condition de respecter un certain délai (à défaut, le contrat sera requalifié en CDI) :Si la succession de CDD avec le même salarié porte sur des postes différents, ce délai (sa durée n'est pas fixée par la loi) ne doit pas être trop bref, car le juge pourrait alors considérer qu'il y a une volonté de fraude à la loi et requalifier le contrat en CDI ;Si la succession de CDD, conclus avec le même salarié, porte sur le même poste de travail, il convient d'appliquer les dispositions relatives au délai de carence (voir ci-dessus).Pour plus de précisions sur les règles applicables aux CDD (cas de recours, succession, renouvellement, | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
conclusion de CDD successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des cas (remplacement d'un salarié absent, emplois à caractère saisonnier, etc. ) visés par l'article L. 1244-1 du code du travail. Ainsi, par exemple, un même salarié peut assurer successivement le remplacement de plusieurs salariés absents, en étant lié par autant de contrats successifs qu'il y a de salariés à remplacer. Une telle succession de CDD ne saurait toutefois avoir pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise, faute de quoi le contrat pourrait être requalifié en contrat de travail à durée indéterminée (CDI).Dans les situations autres que celles mentionnées ci-dessus, l'employeur ne peut conclure un nouveau CDD avec un même salarié qu'à la condition de respecter un certain délai (à défaut, le contrat sera requalifié en CDI) :Si la succession de CDD avec le même salarié porte sur des postes différents, ce délai (sa durée n'est pas fixée par la loi) ne doit pas être trop bref, car le juge pourrait alors considérer qu'il y a une volonté de fraude à la loi et requalifier le contrat en CDI ;Si la succession de CDD, conclus avec le même salarié, porte sur le même poste de travail, il convient d'appliquer les dispositions relatives au délai de carence (voir ci-dessus).Pour plus de précisions sur les règles applicables aux CDD (cas de recours, succession, renouvellement, | 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61633261336433343762393237353462 | article100979 | 70 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quel délai respecter entre deux contrats à durée déterminée ?"
] | renouvellement, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
renouvellement, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. | 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30633862363363393464663631333331 | article100979 | 71 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelles mentions doivent figurer sur le contrat ?"
] | Le contrat doit être écrit et comporter la définition précise de son motif. Il doit être signé par le salarié et par l'employeur (ou son représentant légal).À défaut, il est réputé conclu pour une durée indéterminée et peut être requalifié en contrat à durée indéterminée par le conseil de prud'hommes.Il doit indiquer :Le nom et la qualification du salarié remplacé, s'il s'agit du remplacement d'un salarié ou de la personne remplacée visée aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial... ) ;La date de fin du contrat et le cas échéant une clause de renouvellement, ou la durée minimale, pour les contrats à terme incertain ;Le poste de travail occupé par le salarié (et le cas échéant la mention que le poste occupé figure sur la liste des postes de travail présentant des risques particuliers pour la santé et la sécurité de cette catégorie de salariés) ;L'intitulé de la convention collective applicable ;La durée de la période d'essai éventuellement prévue ;Le montant de la rémunération et de ses différentes composantes (y compris primes et accessoires de salaire) ;Le nom et l'adresse de la caisse de retraite complémentaire et, le cas échéant, ceux de l'organisme de prévoyance.Ce contrat doit être transmis au salarié au plus tard dans les deux jours ouvrables qui suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (arrêt du 29 | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Le contrat doit être écrit et comporter la définition précise de son motif. Il doit être signé par le salarié et par l'employeur (ou son représentant légal).À défaut, il est réputé conclu pour une durée indéterminée et peut être requalifié en contrat à durée indéterminée par le conseil de prud'hommes.Il doit indiquer :Le nom et la qualification du salarié remplacé, s'il s'agit du remplacement d'un salarié ou de la personne remplacée visée aux 4° et 5° de l'article L. 1242-2 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial... ) ;La date de fin du contrat et le cas échéant une clause de renouvellement, ou la durée minimale, pour les contrats à terme incertain ;Le poste de travail occupé par le salarié (et le cas échéant la mention que le poste occupé figure sur la liste des postes de travail présentant des risques particuliers pour la santé et la sécurité de cette catégorie de salariés) ;L'intitulé de la convention collective applicable ;La durée de la période d'essai éventuellement prévue ;Le montant de la rémunération et de ses différentes composantes (y compris primes et accessoires de salaire) ;Le nom et l'adresse de la caisse de retraite complémentaire et, le cas échéant, ceux de l'organisme de prévoyance.Ce contrat doit être transmis au salarié au plus tard dans les deux jours ouvrables qui suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (arrêt du 29 | 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35643934306462343939633362633737 | article100979 | 72 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelles mentions doivent figurer sur le contrat ?"
] | (arrêt du 29 octobre 2008), que l'employeur doit disposer d'un délai de deux jours plein pour accomplir cette formalité ; le jour de l'embauche ne compte pas dans le délai, non plus que le dimanche qui n'est pas un jour ouvrable.Sanctions en l'absence de transmission du CDD au salariéLa méconnaissance de l'obligation de transmission du CDD au salarié dans le délai mentionné ci-dessus ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire.Le CDD à objet défini doit comporter, outre les clauses mentionnées ci-dessus, celles prévues par l'article L. 1242-12-1 du code du travail. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
(arrêt du 29 octobre 2008), que l'employeur doit disposer d'un délai de deux jours plein pour accomplir cette formalité ; le jour de l'embauche ne compte pas dans le délai, non plus que le dimanche qui n'est pas un jour ouvrable.Sanctions en l'absence de transmission du CDD au salariéLa méconnaissance de l'obligation de transmission du CDD au salarié dans le délai mentionné ci-dessus ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire.Le CDD à objet défini doit comporter, outre les clauses mentionnées ci-dessus, celles prévues par l'article L. 1242-12-1 du code du travail. | 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|
34346464316664646534386466363439 | article100979 | 73 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée de la période d'essai ?"
] | Le contrat de travail à durée déterminée peut comporter une période d'essai.À défaut d'usages ou de dispositions conventionnelles prévoyant des durées moindres, la durée de la période d'essai est limitée à :Un jour par semaine (sans que la durée puisse dépasser deux semaines) pour les contrats inférieurs ou égaux à six mois ;Un mois maximum pour les contrats supérieurs à six mois.En l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du contrat.Selon la Cour de Cassation (chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire ».Pour les CDD stipulant une période d'essai d'au moins 1 semaine, l'employeur qui met fin au contrat en cours ou au terme de la période d'essai, doit prévenir le salarié dans un délai qui ne peut être inférieur à :24 heures en deçà de 8 jours de présence ;48 heures entre 8 jours et 1 mois de présence ;2 semaines après 1 mois de présence ;1 mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée de ce délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Le contrat de travail à durée déterminée peut comporter une période d'essai.À défaut d'usages ou de dispositions conventionnelles prévoyant des durées moindres, la durée de la période d'essai est limitée à :Un jour par semaine (sans que la durée puisse dépasser deux semaines) pour les contrats inférieurs ou égaux à six mois ;Un mois maximum pour les contrats supérieurs à six mois.En l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du contrat.Selon la Cour de Cassation (chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire ».Pour les CDD stipulant une période d'essai d'au moins 1 semaine, l'employeur qui met fin au contrat en cours ou au terme de la période d'essai, doit prévenir le salarié dans un délai qui ne peut être inférieur à :24 heures en deçà de 8 jours de présence ;48 heures entre 8 jours et 1 mois de présence ;2 semaines après 1 mois de présence ;1 mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée de ce délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale au montant des salaires et avantages que le salarié aurait perçus s'il avait | 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63393137363835356635643335613638 | article100979 | 74 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la durée de la période d'essai ?"
] | perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise. | 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37386339373561346466633231383631 | article100979 | 75 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quels sont les droits individuels des salariés sous contrat à durée déterminée ?"
] | Pendant son travail, le salarié titulaire d'un contrat à durée déterminée dispose des mêmes droits que les autres salariés de l'entreprise : il exécute son travail dans des conditions identiques (durée du travail, travail de nuit, repos hebdomadaire, jours fériés, hygiène et sécurité...) et peut accéder aux mêmes équipements collectifs : transport, restauration, tickets restaurant, douches, vestiaires, bibliothèque, salles de repos, crèches...Sa rémunération doit être au moins égale à celle que percevrait, après période d'essai, un autre salarié de l'entreprise, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail.En cas de maladie ou d'accident, le salarié en contrat à durée déterminée peut avoir droit aux indemnités complémentaires prévues par la convention applicable à l'entreprise, s'il remplit les conditions posées par cette convention (par exemple, les conditions d'ancienneté).Par ailleurs, il peut bénéficier d'indemnités et de mesures particulières pour compenser la précarité de son emploi, à savoir :Dans certains cas, une indemnité de fin de contrat (ou « indemnité de précarité »), dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue durant l'exécution de son contrat. Toutefois, un taux limité à 6 % peut s'appliquer si une convention ou un accord collectif de branche étendu applicable à l'entreprise ou une convention ou un accord d'entreprise ou d'établissement le prévoit, dès lors que | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Pendant son travail, le salarié titulaire d'un contrat à durée déterminée dispose des mêmes droits que les autres salariés de l'entreprise : il exécute son travail dans des conditions identiques (durée du travail, travail de nuit, repos hebdomadaire, jours fériés, hygiène et sécurité...) et peut accéder aux mêmes équipements collectifs : transport, restauration, tickets restaurant, douches, vestiaires, bibliothèque, salles de repos, crèches...Sa rémunération doit être au moins égale à celle que percevrait, après période d'essai, un autre salarié de l'entreprise, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail.En cas de maladie ou d'accident, le salarié en contrat à durée déterminée peut avoir droit aux indemnités complémentaires prévues par la convention applicable à l'entreprise, s'il remplit les conditions posées par cette convention (par exemple, les conditions d'ancienneté).Par ailleurs, il peut bénéficier d'indemnités et de mesures particulières pour compenser la précarité de son emploi, à savoir :Dans certains cas, une indemnité de fin de contrat (ou « indemnité de précarité »), dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue durant l'exécution de son contrat. Toutefois, un taux limité à 6 % peut s'appliquer si une convention ou un accord collectif de branche étendu applicable à l'entreprise ou une convention ou un accord d'entreprise ou d'établissement le prévoit, dès lors que | 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34393239383136343534336435346365 | article100979 | 76 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quels sont les droits individuels des salariés sous contrat à durée déterminée ?"
] | dès lors que des contreparties telles qu'un accès privilégié à la formation professionnelle des salariés en CDD (actions de développement des compétences, bilan de compétences à suivre en dehors du temps de travail...) sont prévues ; une proposition individuelle d'accès à la formation doit avoir été effectivement faite au salarié, par l'employeur. Enfin, un taux plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise ;Une indemnité compensatrice de congés payés au titre du travail effectivement accompli durant le contrat, quelle qu'en ait été la durée, si les congés n'ont pas été pris pendant la durée du contrat. Son montant ne peut être inférieur à 10 % de la rémunération totale brute due au salarié (indemnité de précarité comprise) ;Une formation renforcée à la sécurité, un accueil et une information adaptés lorsque le poste de travail présente des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur ;Un accès favorisé au CPF de transition professionnelle.Information du salarié en CDD sur les postes à pourvoir en CDIÀ la demande du salarié titulaire d'un contrat de travail à durée déterminée justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise, l'employeur l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié formule sa demande par tout moyen | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
dès lors que des contreparties telles qu'un accès privilégié à la formation professionnelle des salariés en CDD (actions de développement des compétences, bilan de compétences à suivre en dehors du temps de travail...) sont prévues ; une proposition individuelle d'accès à la formation doit avoir été effectivement faite au salarié, par l'employeur. Enfin, un taux plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise ;Une indemnité compensatrice de congés payés au titre du travail effectivement accompli durant le contrat, quelle qu'en ait été la durée, si les congés n'ont pas été pris pendant la durée du contrat. Son montant ne peut être inférieur à 10 % de la rémunération totale brute due au salarié (indemnité de précarité comprise) ;Une formation renforcée à la sécurité, un accueil et une information adaptés lorsque le poste de travail présente des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur ;Un accès favorisé au CPF de transition professionnelle.Information du salarié en CDD sur les postes à pourvoir en CDIÀ la demande du salarié titulaire d'un contrat de travail à durée déterminée justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise, l'employeur l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié formule sa demande par tout moyen | 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62343532636239303939613465313061 | article100979 | 77 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quels sont les droits individuels des salariés sous contrat à durée déterminée ?"
] | par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d'avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l'employeur fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'employeur n'est toutefois pas tenu par ces exigences lorsque le salarié a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l'employeur est un particulier ou une entreprise de moins de 250 salariés, une réponse peut être apportée par oral à compter de la deuxième demande du salarié, si la réponse est inchangée par rapport à celle apportée à la première demande ;Les dispositions figurant ci-dessus sont issues de la loi du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur à compter du 1er novembre 2023.L'indemnité de fin de contrat n'est pas due dans les cas suivants :Contrats saisonniers, y compris le contrat vendanges, sauf dispositions conventionnelles plus favorables ;CDD rompu avant son terme par un salarié qui justifie d'une embauche en CDI ;CDD conclu avec un jeune pendant ses vacances scolaires ou universitaires (« job d'été ») ;CDD qui se poursuit par un CDI ;Sauf dispositions conventionnelles plus favorables, contrat conclu au titre des mesures pour l'emploi ou la formation | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d'avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l'employeur fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'employeur n'est toutefois pas tenu par ces exigences lorsque le salarié a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l'employeur est un particulier ou une entreprise de moins de 250 salariés, une réponse peut être apportée par oral à compter de la deuxième demande du salarié, si la réponse est inchangée par rapport à celle apportée à la première demande ;Les dispositions figurant ci-dessus sont issues de la loi du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur à compter du 1er novembre 2023.L'indemnité de fin de contrat n'est pas due dans les cas suivants :Contrats saisonniers, y compris le contrat vendanges, sauf dispositions conventionnelles plus favorables ;CDD rompu avant son terme par un salarié qui justifie d'une embauche en CDI ;CDD conclu avec un jeune pendant ses vacances scolaires ou universitaires (« job d'été ») ;CDD qui se poursuit par un CDI ;Sauf dispositions conventionnelles plus favorables, contrat conclu au titre des mesures pour l'emploi ou la formation | 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31303038386238633834653162336139 | article100979 | 78 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quels sont les droits individuels des salariés sous contrat à durée déterminée ?"
] | ou la formation professionnelle (contrat de professionnalisation, contrat unique d'insertion, CDD conclus dans le cadre d'un contrat de sécurisation professionnelle... ) ;Salarié en CDD qui refuse un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
ou la formation professionnelle (contrat de professionnalisation, contrat unique d'insertion, CDD conclus dans le cadre d'un contrat de sécurisation professionnelle... ) ;Salarié en CDD qui refuse un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. | 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34376134303362663961613639643062 | article100979 | 79 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quels sont les droits collectifs des salariés sous contrat à durée déterminée ?"
] | Le salarié en CDD dispose des mêmes droits collectifs que les autres salariés de l'entreprise :Dans les mêmes conditions que les autres salariés, il est électeur et éligible et peut être désigné comme représentant syndical ;iI dispose des mêmes moyens d'action dans l'exercice de son mandat.Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail à durée déterminée en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1247-1 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai, l’acceptation tacite du salarié est réputée acquise). Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Le salarié en CDD dispose des mêmes droits collectifs que les autres salariés de l'entreprise :Dans les mêmes conditions que les autres salariés, il est électeur et éligible et peut être désigné comme représentant syndical ;iI dispose des mêmes moyens d'action dans l'exercice de son mandat.Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail à durée déterminée en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1247-1 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai, l’acceptation tacite du salarié est réputée acquise). Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. | 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35656134343736646233393061386564 | article100979 | 80 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Le salarié est-il pris en compte dans les effectifs de l'entreprise ?"
] | Le salarié embauché par contrat à durée déterminée est pris en compte dans le calcul de l'effectif de l'entreprise proportionnellement à son temps de présence dans l'entreprise au cours des 12 mois précédents, sauf lorsqu'il remplace un salarié absent. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Le salarié embauché par contrat à durée déterminée est pris en compte dans le calcul de l'effectif de l'entreprise proportionnellement à son temps de présence dans l'entreprise au cours des 12 mois précédents, sauf lorsqu'il remplace un salarié absent. | 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39316633383634393361633964343831 | article100979 | 81 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quelles conditions le contrat peut-il être rompu ?"
] | Le CDD peut être rompu avant son échéance uniquement dans les cas suivants (sous réserve des règles particulières éventuellement applicables aux contrats conclus dans le cadre de la politique de l'emploi - ex. contrat unique d'insertion - ou de la recherche, ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié) :A l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée égale à 1 jour par semaine compte tenu de la durée totale du CDD (incluant, le cas échéant, son ou ses deux renouvellements) ou - s'agissant d'un CDD sans terme précis - de la durée du contrat effectuée. Dans tous les cas, le préavis ne peut excéder 2 semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis ;Accord conclu entre l'employeur et le salarié ;Force majeure, c'est-à-dire un événement exceptionnel, imprévisible et insurmontable qui rend impossible l'exécution du contrat de travail (des difficultés économiques ou la liquidation judiciaire de l'entreprise ne constituent pas, pour l'employeur, des situations de force majeure) ;Inaptitude constatée par le médecin du travail. Cette rupture ne peut intervenir qu'à l'issue de la procédure prévue par le code du travail, notamment ses articles L. 1226-10 et L. 1226-11 lorsque l'inaptitude est d'origine professionnelle et L. 1226-4 lorsque l'inaptitude n'est pas d'origine professionnelle. En outre, si le salarié | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Le CDD peut être rompu avant son échéance uniquement dans les cas suivants (sous réserve des règles particulières éventuellement applicables aux contrats conclus dans le cadre de la politique de l'emploi - ex. contrat unique d'insertion - ou de la recherche, ou pour lesquels l'employeur s'engage à assurer un complément de formation au salarié) :A l'initiative du salarié qui justifie d'une embauche en contrat à durée indéterminée. Le salarié doit alors respecter un préavis d'une durée égale à 1 jour par semaine compte tenu de la durée totale du CDD (incluant, le cas échéant, son ou ses deux renouvellements) ou - s'agissant d'un CDD sans terme précis - de la durée du contrat effectuée. Dans tous les cas, le préavis ne peut excéder 2 semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis ;Accord conclu entre l'employeur et le salarié ;Force majeure, c'est-à-dire un événement exceptionnel, imprévisible et insurmontable qui rend impossible l'exécution du contrat de travail (des difficultés économiques ou la liquidation judiciaire de l'entreprise ne constituent pas, pour l'employeur, des situations de force majeure) ;Inaptitude constatée par le médecin du travail. Cette rupture ne peut intervenir qu'à l'issue de la procédure prévue par le code du travail, notamment ses articles L. 1226-10 et L. 1226-11 lorsque l'inaptitude est d'origine professionnelle et L. 1226-4 lorsque l'inaptitude n'est pas d'origine professionnelle. En outre, si le salarié | 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37303866323131313735333836633635 | article100979 | 82 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quelles conditions le contrat peut-il être rompu ?"
] | si le salarié est un salarié protégé, elle ne peut intervenir qu'après autorisation de l'inspecteur du travail. À noter que, selon un avis rendu par la Cour de cassation le 21 octobre 2013 « la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié, constatée par le médecin du travail, telle que prévue à l'article L. 1243-1 du Code du travail, ne doit pas donner lieu à une convocation à un entretien préalable » ;Faute grave de l'employeur ou du salarié (s'il s'agit d'une faute grave - ou lourde - du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire) étant précisé, toutefois, que la rupture du CDD, lorsqu'elle est prononcée pour faute grave, est soumise aux seules prescriptions des articles L. 1332-1 à L. 1332-3 du Code du travail qui ne prévoient aucune formalité pour la convocation à l'entretien préalable à la sanction disciplinaire.Le CDD à objet défini, auquel est consacrée une fiche spécifique peut également être rompu par l'une ou l'autre partie, pour un motif réel et sérieux, 18 mois après sa conclusion puis à la date anniversaire de sa conclusion. Ce contrat doit comporter une clause mentionnant cette possibilité de rupture à la date anniversaire, par l'une ou l'autre partie, pour un motif réel et sérieux et le droit pour le salarié, lorsque cette rupture est à l'initiative de l'employeur, à une indemnité égale à 10 % de la rémunération totale brute du salarié.Selon la | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
si le salarié est un salarié protégé, elle ne peut intervenir qu'après autorisation de l'inspecteur du travail. À noter que, selon un avis rendu par la Cour de cassation le 21 octobre 2013 « la procédure de rupture d'un contrat de travail à durée déterminée pour inaptitude du salarié, constatée par le médecin du travail, telle que prévue à l'article L. 1243-1 du Code du travail, ne doit pas donner lieu à une convocation à un entretien préalable » ;Faute grave de l'employeur ou du salarié (s'il s'agit d'une faute grave - ou lourde - du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire) étant précisé, toutefois, que la rupture du CDD, lorsqu'elle est prononcée pour faute grave, est soumise aux seules prescriptions des articles L. 1332-1 à L. 1332-3 du Code du travail qui ne prévoient aucune formalité pour la convocation à l'entretien préalable à la sanction disciplinaire.Le CDD à objet défini, auquel est consacrée une fiche spécifique peut également être rompu par l'une ou l'autre partie, pour un motif réel et sérieux, 18 mois après sa conclusion puis à la date anniversaire de sa conclusion. Ce contrat doit comporter une clause mentionnant cette possibilité de rupture à la date anniversaire, par l'une ou l'autre partie, pour un motif réel et sérieux et le droit pour le salarié, lorsque cette rupture est à l'initiative de l'employeur, à une indemnité égale à 10 % de la rémunération totale brute du salarié.Selon la | 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35656562333833366462356531623936 | article100979 | 83 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quelles conditions le contrat peut-il être rompu ?"
] | du salarié.Selon la Cour de cassation, le refus par le salarié d'un changement de ses conditions de travail ne constitue pas à lui seul une faute grave autorisant l'employeur à rompre le CDD avant l'échéance du terme. Pour une illustration, on peut se reporter à l'arrêt de la Cour de cassation du 20 novembre 2013 ;La rupture du contrat à durée déterminée prononcée en cas d'inaptitude ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur à celui de l'indemnité prévue à l'article L. 1234-9 du Code du travail. Lorsque l'inaptitude est d'origine professionnelle, la rupture du contrat ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur au double de ce montant. Cette indemnité de rupture est versée selon les mêmes modalités que l'indemnité de fin de contrat (ou « indemnité de précarité ») précédemment mentionnée.En dehors de ces situations, la rupture prématurée du contrat est sanctionnée, selon qu'elle est le fait de l'employeur ou du salarié :L'employeur doit verser au salarié des dommages-intérêts d'un montant au moins égal aux rémunérations que le salarié aurait perçues jusqu'au terme du contrat ;Le salarié peut être condamné à verser à l'employeur des dommages-intérêts correspondant au préjudice réellement subi par l'entreprise. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
du salarié.Selon la Cour de cassation, le refus par le salarié d'un changement de ses conditions de travail ne constitue pas à lui seul une faute grave autorisant l'employeur à rompre le CDD avant l'échéance du terme. Pour une illustration, on peut se reporter à l'arrêt de la Cour de cassation du 20 novembre 2013 ;La rupture du contrat à durée déterminée prononcée en cas d'inaptitude ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur à celui de l'indemnité prévue à l'article L. 1234-9 du Code du travail. Lorsque l'inaptitude est d'origine professionnelle, la rupture du contrat ouvre droit, pour le salarié, à une indemnité dont le montant ne peut être inférieur au double de ce montant. Cette indemnité de rupture est versée selon les mêmes modalités que l'indemnité de fin de contrat (ou « indemnité de précarité ») précédemment mentionnée.En dehors de ces situations, la rupture prématurée du contrat est sanctionnée, selon qu'elle est le fait de l'employeur ou du salarié :L'employeur doit verser au salarié des dommages-intérêts d'un montant au moins égal aux rémunérations que le salarié aurait perçues jusqu'au terme du contrat ;Le salarié peut être condamné à verser à l'employeur des dommages-intérêts correspondant au préjudice réellement subi par l'entreprise. | 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62643630333938663733626431333333 | article100979 | 84 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la situation lorsque le salarié refuse, au terme du CDD, une proposition de CDI ?"
] | Lorsque le CDD arrive à échéance, l'employeur peut proposer au salarié la conclusion d'un CDI, proposition que le salarié est libre d'accepter ou de refuser. Si le CDI proposé est destiné à occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente pour une durée de travail équivalente, relevant de la même classification et sans changement du lieu de travail, l'employeur doit notifier cette proposition par écrit au salarié. En cas de refus du salarié, l'employeur en informe France Travail (nouvel opérateur du service public de l'emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'employeur est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat à durée déterminée ;L'employeur accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion, une absence de réponse de sa part vaut rejet de cette proposition.En cas de refus exprès ou tacite du salarié dans ce délai, l'employeur dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Lorsque le CDD arrive à échéance, l'employeur peut proposer au salarié la conclusion d'un CDI, proposition que le salarié est libre d'accepter ou de refuser. Si le CDI proposé est destiné à occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente pour une durée de travail équivalente, relevant de la même classification et sans changement du lieu de travail, l'employeur doit notifier cette proposition par écrit au salarié. En cas de refus du salarié, l'employeur en informe France Travail (nouvel opérateur du service public de l'emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'employeur est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat à durée déterminée ;L'employeur accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion, une absence de réponse de sa part vaut rejet de cette proposition.En cas de refus exprès ou tacite du salarié dans ce délai, l'employeur dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est | 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61303638363735623166386236363732 | article100979 | 85 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la situation lorsque le salarié refuse, au terme du CDD, une proposition de CDI ?"
] | France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l'adresse suivante.Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L'employeur doit informer France Travail du refus du salarié d'un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure : a) L'emploi proposé est identique ou similaire à celui occupé ; b) La rémunération proposée est au moins équivalente ; c) La durée de travail proposée est équivalente ; d) La classification de l'emploi proposé et le lieu de travail sont identiques. Cette information est également accompagnée de la mention : a) Du délai laissé au salarié pour se prononcer sur la proposition de CDI ; b) De la date de refus exprès du salarié, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'employeur, qui dispose d'un délai de quinze jours à compter de cette demande pour y répondre.À réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l'adresse suivante.Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L'employeur doit informer France Travail du refus du salarié d'un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure : a) L'emploi proposé est identique ou similaire à celui occupé ; b) La rémunération proposée est au moins équivalente ; c) La durée de travail proposée est équivalente ; d) La classification de l'emploi proposé et le lieu de travail sont identiques. Cette information est également accompagnée de la mention : a) Du délai laissé au salarié pour se prononcer sur la proposition de CDI ; b) De la date de refus exprès du salarié, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'employeur, qui dispose d'un délai de quinze jours à compter de cette demande pour y répondre.À réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code | 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38333332306431646464663334313235 | article100979 | 86 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Quelle est la situation lorsque le salarié refuse, au terme du CDD, une proposition de CDI ?"
] | L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2.Droit à l'indemnité de fin de contrat (ou indemnité de précarité) Indépendamment des dispositions mentionnées ci-dessus, on rappelle que l'indemnité de fin de contrat n'est pas due lorsque le salarié refuse d'accepter la conclusion d'un contrat de travail à durée indéterminée pour occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente. Pour éviter toute contestation ultérieure, il est nécessaire que cette proposition de CDI soit formulée par écrit au salarié avant la survenance du terme du CDD ou immédiatement après. Cette absence de droit à l’indemnité de précarité s’applique également lorsque la proposition de l'employeur de transformation de CDD en CDI a été faite après que le salarié ait fait savoir qu’il n’avait pas l’intention de renouveler son CDD (en ce sens, voir l’arrêt de la Cour de cassation du 3 juillet 2024). En d’autres termes, dès lors que l'employeur a offert la conclusion d'un CDI avant le terme du CDD, que le salarié a refusée, l’indemnité de précarité n’est pas due. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2.Droit à l'indemnité de fin de contrat (ou indemnité de précarité) Indépendamment des dispositions mentionnées ci-dessus, on rappelle que l'indemnité de fin de contrat n'est pas due lorsque le salarié refuse d'accepter la conclusion d'un contrat de travail à durée indéterminée pour occuper le même emploi ou un emploi similaire, assorti d'une rémunération au moins équivalente. Pour éviter toute contestation ultérieure, il est nécessaire que cette proposition de CDI soit formulée par écrit au salarié avant la survenance du terme du CDD ou immédiatement après. Cette absence de droit à l’indemnité de précarité s’applique également lorsque la proposition de l'employeur de transformation de CDD en CDI a été faite après que le salarié ait fait savoir qu’il n’avait pas l’intention de renouveler son CDD (en ce sens, voir l’arrêt de la Cour de cassation du 3 juillet 2024). En d’autres termes, dès lors que l'employeur a offert la conclusion d'un CDI avant le terme du CDD, que le salarié a refusée, l’indemnité de précarité n’est pas due. | 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35326133366235376531666365643130 | article100979 | 87 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas le contrat à durée déterminée peut-il être requalifié en contrat à durée indéterminée ?"
] | Dans un certain nombre de situations mentionnées à l'article L. 1245-1 du code du travail, le conseil de prud'hommes peut requalifier le contrat à durée déterminée en contrat à durée indéterminée. Il en va ainsi notamment lorsque :Le contrat ne comporte pas la définition précise de son motif ;La relation contractuelle se poursuit après l'échéance du terme ;Les durées maximales fixées par la convention ou l'accord de branche étendu applicable ou, à défaut, par le code du travail, ne sont pas respectées.La demande de requalification peut émaner du salarié ou, dans les conditions fixées par l'article D. 1247-1 du code du travail, d'une organisation syndicale représentative dans l'entreprise.Lorsque le conseil de prud'hommes est saisi d'une demande de requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée, l'affaire est directement portée devant le bureau de jugement qui statue au fond dans un délai d'un mois suivant sa saisine. La décision du conseil de prud'hommes est exécutoire de droit à titre provisoire ;La méconnaissance de l'obligation de transmission du CDD au salarié dans les deux jours ouvrables suivant l'embauche ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire ;Lorsque le conseil de prud'hommes fait droit à la demande du salarié, il lui accorde une indemnité, à la charge | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Dans un certain nombre de situations mentionnées à l'article L. 1245-1 du code du travail, le conseil de prud'hommes peut requalifier le contrat à durée déterminée en contrat à durée indéterminée. Il en va ainsi notamment lorsque :Le contrat ne comporte pas la définition précise de son motif ;La relation contractuelle se poursuit après l'échéance du terme ;Les durées maximales fixées par la convention ou l'accord de branche étendu applicable ou, à défaut, par le code du travail, ne sont pas respectées.La demande de requalification peut émaner du salarié ou, dans les conditions fixées par l'article D. 1247-1 du code du travail, d'une organisation syndicale représentative dans l'entreprise.Lorsque le conseil de prud'hommes est saisi d'une demande de requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée, l'affaire est directement portée devant le bureau de jugement qui statue au fond dans un délai d'un mois suivant sa saisine. La décision du conseil de prud'hommes est exécutoire de droit à titre provisoire ;La méconnaissance de l'obligation de transmission du CDD au salarié dans les deux jours ouvrables suivant l'embauche ne peut, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l'employeur, qui ne peut être supérieure à un mois de salaire ;Lorsque le conseil de prud'hommes fait droit à la demande du salarié, il lui accorde une indemnité, à la charge | 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38386365636131636236653238333261 | article100979 | 88 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas le contrat à durée déterminée peut-il être requalifié en contrat à durée indéterminée ?"
] | à la charge de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition s'applique sans préjudice de l'application des dispositions du code du travail relatives aux règles de rupture du contrat de travail à durée indéterminée. L'indemnité de requalification a le caractère de dommages et intérêts et n'est donc pas soumise aux charges sociales et fiscales.À noter que, selon la Cour de cassation (arrêt du 9 octobre 2013), la requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée ne porte que sur le terme du contrat et laisse inchangées les stipulations contractuelles relatives à la durée du travail. Ainsi, dès lors que le CDD faisait mention de la durée du travail et des horaires, en sorte qu'il répondait aux exigences de l'article L. 3123-6 du code du travail, (anciennement, L. 3123-14), il n'y avait pas lieu de considérer qu'il devait, outre sa requalification en CDI, être transformé en contrat à temps plein.Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du contrat à durée déterminée , celui-ci devient un contrat à durée indéterminée (dans ce cas, l'indemnité de requalification n'est, en principe, pas due). Le salarié conserve l'ancienneté qu'il avait acquise au terme du contrat de travail à durée déterminée. La durée du contrat de travail à durée déterminée est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail ;L'action en requalification du | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
à la charge de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition s'applique sans préjudice de l'application des dispositions du code du travail relatives aux règles de rupture du contrat de travail à durée indéterminée. L'indemnité de requalification a le caractère de dommages et intérêts et n'est donc pas soumise aux charges sociales et fiscales.À noter que, selon la Cour de cassation (arrêt du 9 octobre 2013), la requalification d'un contrat de travail à durée déterminée en contrat à durée indéterminée ne porte que sur le terme du contrat et laisse inchangées les stipulations contractuelles relatives à la durée du travail. Ainsi, dès lors que le CDD faisait mention de la durée du travail et des horaires, en sorte qu'il répondait aux exigences de l'article L. 3123-6 du code du travail, (anciennement, L. 3123-14), il n'y avait pas lieu de considérer qu'il devait, outre sa requalification en CDI, être transformé en contrat à temps plein.Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du contrat à durée déterminée , celui-ci devient un contrat à durée indéterminée (dans ce cas, l'indemnité de requalification n'est, en principe, pas due). Le salarié conserve l'ancienneté qu'il avait acquise au terme du contrat de travail à durée déterminée. La durée du contrat de travail à durée déterminée est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail ;L'action en requalification du | 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66326634613434653734316631633831 | article100979 | 89 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas le contrat à durée déterminée peut-il être requalifié en contrat à durée indéterminée ?"
] | requalification du CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans un arrêt du 29 janvier 2020, « le délai de prescription d'une action en requalification d'un contrat à durée déterminée en contrat à durée indéterminée fondée sur le motif du recours au contrat à durée déterminée énoncé au contrat a pour point de départ le terme du contrat ou, en cas de succession de contrats à durée déterminée, le terme du dernier contrat ». Dès lors, « le salarié est en droit, lorsque la demande en requalification est reconnue fondée, de se prévaloir d'une ancienneté remontant au premier contrat irrégulier. » Lorsqu'il s'agit d'une action en requalification fondée sur l'absence d'une mention dans le CDD, le délai de prescription court à compter de la conclusion de ce contrat (arrêt de la Cour de cassation du 3 mai 2018). | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
requalification du CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans un arrêt du 29 janvier 2020, « le délai de prescription d'une action en requalification d'un contrat à durée déterminée en contrat à durée indéterminée fondée sur le motif du recours au contrat à durée déterminée énoncé au contrat a pour point de départ le terme du contrat ou, en cas de succession de contrats à durée déterminée, le terme du dernier contrat ». Dès lors, « le salarié est en droit, lorsque la demande en requalification est reconnue fondée, de se prévaloir d'une ancienneté remontant au premier contrat irrégulier. » Lorsqu'il s'agit d'une action en requalification fondée sur l'absence d'une mention dans le CDD, le délai de prescription court à compter de la conclusion de ce contrat (arrêt de la Cour de cassation du 3 mai 2018). | 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35653531333433616664336164303962 | article100979 | 90 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"La réglementation sur les CDD s'applique-t-elle aux contrats conclus avec les jeunes pendant leurs vacances scolaires ou universitaires ?"
] | Oui. Salarié à part entière, le jeune bénéficie des droits et obligations de tout titulaire de contrat à durée déterminée. Cependant, l'indemnité de précarité n'est pas due en fin de contrat lorsque le jeune suit effectivement un cursus scolaire ; elle est en revanche due lorsque le jeune vient d'achever sa scolarité ou ses études universitaires ou lorsque le contrat est conclu pour une période excédant celles des vacances. En outre, si le jeune a moins de 18 ans, des dispositions spécifiques en matière de durée de travail et de rémunération lui sont applicables. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Oui. Salarié à part entière, le jeune bénéficie des droits et obligations de tout titulaire de contrat à durée déterminée. Cependant, l'indemnité de précarité n'est pas due en fin de contrat lorsque le jeune suit effectivement un cursus scolaire ; elle est en revanche due lorsque le jeune vient d'achever sa scolarité ou ses études universitaires ou lorsque le contrat est conclu pour une période excédant celles des vacances. En outre, si le jeune a moins de 18 ans, des dispositions spécifiques en matière de durée de travail et de rémunération lui sont applicables. | 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65303632653932633832656366623461 | article101013 | 3 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur la prévention des risques d’exposition à l’amiante : décret du 4 mai 2012"
] | soit l’ensemble des fibres identifiées comme cancérogènes dans les conclusions de 2009 de l’agence française de sécurité sanitaire, de l’environnement et du travail (AFSSET, aujourd’hui ANSES) ; La suppression de la dualité de notions d’amiante friable / non-friable et l’avènement de la notion de processus, placée au cœur du travail d’évaluation du risque amiante de l’employeur ; La définition de trois niveaux d’empoussièrement, qui sous-tendent la graduation des moyens de prévention collective (MPC) et des équipements de protection individuelle (EPI) à mettre en œuvre pour chaque processus, en fonction de son classement parmi ces trois niveaux ;La certification des entreprises de traitement de l’amiante (ou entreprises « SS3 ») selon un référentiel normatif unique, et la généralisation de cette exigence de certification à l’ensemble des activités de la sous-section 3 ;La fixation des conditions d’utilisation, d’entretien et de vérification des moyens de prévention collective (MPC) et des équipements de protection individuels (EPI), en particulier des appareils de protection respiratoire (APR) adaptés au niveau d’empoussièrement du ou des processus mis en œuvre sur les opérations.Arrêtés pris en application du décret n° 2012-639 du 4 mai 2012Arrêté du 23 février 2012 définissant les modalités de la formation des travailleurs à la prévention des risques liés à l’amiante. Cet arrêté a été modifié par l’arrêté du 20 avril 2015, afin de corriger certaines références d’articles | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
soit l’ensemble des fibres identifiées comme cancérogènes dans les conclusions de 2009 de l’agence française de sécurité sanitaire, de l’environnement et du travail (AFSSET, aujourd’hui ANSES) ; La suppression de la dualité de notions d’amiante friable / non-friable et l’avènement de la notion de processus, placée au cœur du travail d’évaluation du risque amiante de l’employeur ; La définition de trois niveaux d’empoussièrement, qui sous-tendent la graduation des moyens de prévention collective (MPC) et des équipements de protection individuelle (EPI) à mettre en œuvre pour chaque processus, en fonction de son classement parmi ces trois niveaux ;La certification des entreprises de traitement de l’amiante (ou entreprises « SS3 ») selon un référentiel normatif unique, et la généralisation de cette exigence de certification à l’ensemble des activités de la sous-section 3 ;La fixation des conditions d’utilisation, d’entretien et de vérification des moyens de prévention collective (MPC) et des équipements de protection individuels (EPI), en particulier des appareils de protection respiratoire (APR) adaptés au niveau d’empoussièrement du ou des processus mis en œuvre sur les opérations.Arrêtés pris en application du décret n° 2012-639 du 4 mai 2012Arrêté du 23 février 2012 définissant les modalités de la formation des travailleurs à la prévention des risques liés à l’amiante. Cet arrêté a été modifié par l’arrêté du 20 avril 2015, afin de corriger certaines références d’articles | 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35333764343835396232353736323763 | article100979 | 91 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Dans quels cas l'employeur encourt-il des sanctions pénales ?"
] | L'employeur risque des sanctions pénales (amende de 3 750 euros / en cas de récidive, amende de 7 500 euros et emprisonnement de 6 mois), dans les cas suivants :Contrat conclu afin de pourvoir un emploi permanent ;Défaut de contrat écrit ;Non-respect du délai de transmission du contrat au salarié (dans les 2 jours de l'embauche) ;Absence de respect des cas de recours et d'interdiction de recours ;Absence de mention précise de son objet ;Absence de respect des règles relatives à la durée des contrats et à leur renouvellement ;Absence de respect du délai de carence entre deux CDD ;Non-respect du principe d'égalité de rémunération entre salarié en CDD et salarié en CDI ;Non-respect des dispositions sur l'allongement de la durée du contrat pour certains salariés exposés à des rayonnements ionisants.Lorsqu'il constate un recours abusif aux contrats à durée déterminée et aux contrats de travail temporaire ou un accroissement important de salariés titulaires de ces contrats, le comité social et économique (CSE) peut saisir l'agent de contrôle de l'inspection du travail. Ce dernier peut demander à l'employeur, en cas de recours abusif à ces contrats, de mettre en œuvre un plan de résorption de la précarité dans son entreprise. | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
L'employeur risque des sanctions pénales (amende de 3 750 euros / en cas de récidive, amende de 7 500 euros et emprisonnement de 6 mois), dans les cas suivants :Contrat conclu afin de pourvoir un emploi permanent ;Défaut de contrat écrit ;Non-respect du délai de transmission du contrat au salarié (dans les 2 jours de l'embauche) ;Absence de respect des cas de recours et d'interdiction de recours ;Absence de mention précise de son objet ;Absence de respect des règles relatives à la durée des contrats et à leur renouvellement ;Absence de respect du délai de carence entre deux CDD ;Non-respect du principe d'égalité de rémunération entre salarié en CDD et salarié en CDI ;Non-respect des dispositions sur l'allongement de la durée du contrat pour certains salariés exposés à des rayonnements ionisants.Lorsqu'il constate un recours abusif aux contrats à durée déterminée et aux contrats de travail temporaire ou un accroissement important de salariés titulaires de ces contrats, le comité social et économique (CSE) peut saisir l'agent de contrôle de l'inspection du travail. Ce dernier peut demander à l'employeur, en cas de recours abusif à ces contrats, de mettre en œuvre un plan de résorption de la précarité dans son entreprise. | 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34333834646132383161636438316430 | article100979 | 92 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Textes de référence"
] | Articles L. 1221-25, L. 1241-1 à L. 1248-11, L. 2312-71, L. 4154-1, D. 1242-1 à R. 1243-2, R. 1245-1, D. 1247-1, D. 1247-2, D. 4154-1 à D. 4154-6 du Code du travailArticles L. 5213-13-2, R. 5213-76 et R. 5213-79 à R. 5213-79-2 du code du travail (CDD Tremplin) Articles L. 718-4 et suivants du Code rural et de la pêche maritimeArticles L. 412-3 et L. 431-5 du code de la rechercheDécret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CDD « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 relatif au refus par un salarié d'une proposition de contrat de travail à durée indéterminée à l'issue d'un contrat de travail à durée déterminée (JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de transmission des informations à France Travail en cas de refus de CDI) | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
Articles L. 1221-25, L. 1241-1 à L. 1248-11, L. 2312-71, L. 4154-1, D. 1242-1 à R. 1243-2, R. 1245-1, D. 1247-1, D. 1247-2, D. 4154-1 à D. 4154-6 du Code du travailArticles L. 5213-13-2, R. 5213-76 et R. 5213-79 à R. 5213-79-2 du code du travail (CDD Tremplin) Articles L. 718-4 et suivants du Code rural et de la pêche maritimeArticles L. 412-3 et L. 431-5 du code de la rechercheDécret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CDD « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 relatif au refus par un salarié d'une proposition de contrat de travail à durée indéterminée à l'issue d'un contrat de travail à durée déterminée (JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de transmission des informations à France Travail en cas de refus de CDI) | 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64306536643864336233393837663330 | article100979 | 93 | Le contrat à durée déterminée (CDD) | Travail-Emploi | travail-emploi | Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise . | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd | [
"Fiches complémentaires"
] | La rémunération du salarié sous contrat à durée déterminéeLe temps de travail des jeunes de moins de 18 ansLe CPF de transition professionnelleLe CDD « senior »Le CDD à objet définiLes entreprises adaptées | Le contrat à durée déterminée (CDD)
Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un contrat à durée déterminée (CDD) n'est possible que pour l'exécution d'une tâche précise et temporaire et seulement dans les cas énumérés par la loi . Il doit obligatoirement faire l'objet d’un écrit. Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet, ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise .
La rémunération du salarié sous contrat à durée déterminéeLe temps de travail des jeunes de moins de 18 ansLe CPF de transition professionnelleLe CDD « senior »Le CDD à objet définiLes entreprises adaptées | 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38613838346139636232613165373365 | article100982 | 0 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Le contrat de travail temporaire"
] | À savoir ! Conclu en dehors du cadre fixé par le Code du travail ou les conventions ou accords de branche étendus le cas échéant applicables, le contrat de travail temporaire peut être considéré comme un contrat de travail à durée indéterminée. | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
À savoir ! Conclu en dehors du cadre fixé par le Code du travail ou les conventions ou accords de branche étendus le cas échéant applicables, le contrat de travail temporaire peut être considéré comme un contrat de travail à durée indéterminée. | 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32326263623132353434633639306337 | article100986 | 1 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"Le terme du contrat saisonnier"
] | Certains CDD, parmi lesquels le contrat saisonnier, peuvent ne pas comporter de date précise d'échéance.Si tel est le cas, le contrat saisonnier doit néanmoins préciser qu'il est conclu pour la durée de la saison et mentionner une durée minimale d'emploi (librement fixée entre l'employeur et le salarié). | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Certains CDD, parmi lesquels le contrat saisonnier, peuvent ne pas comporter de date précise d'échéance.Si tel est le cas, le contrat saisonnier doit néanmoins préciser qu'il est conclu pour la durée de la saison et mentionner une durée minimale d'emploi (librement fixée entre l'employeur et le salarié). | 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64376430323232303764356331613264 | article100982 | 1 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | Lire la retranscription textuelle Selon l’article L. 1251-2 du Code du travail, est un entrepreneur de travail temporaire toute personne physique ou morale dont l’activité exclusive est de mettre à la disposition temporaire d’entreprises utilisatrices des salariés qu’en fonction d’une qualification convenue, elle recrute et rémunère à cet effet. Que recoupe véritablement cette notion d’entreprise de travail temporaire ? Quelles sont les obligations de ces entreprises ? C’est ce que nous allons voir. Bonjour, c’est Honorine, aujourd’hui, je vais vous présenter les entreprises de travail temporaire, un épisode d’une série consacrée au droit du travail. L’activité d’une entreprise de travail temporaire se définit donc par deux éléments que nous allons aborder successivement dans une première partie. Nous verrons ensuite que l’activité des entreprises de travail temporaire, que nous appellerons par commodité « ETT » est très encadrée. Examinons successivement ensemble ces différents points. Au vu du Code du travail, l’entreprise de travail temporaire se définit par deux critères cumulatifs qui tiennent à son activité. Premier point : l’entreprise de travail temporaire doit avoir pour objet la fourniture de main d’œuvre à but lucratif. Ensuite, en vertu de l’exclusivité rescrite par le Code du travail, il est interdit aux ETT de se livrer à toute autre activité, même subsidiaire. La règle d’exclusivité n’interdit pas nécessairement au représentant légal d’une société exploitant | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
Lire la retranscription textuelle Selon l’article L. 1251-2 du Code du travail, est un entrepreneur de travail temporaire toute personne physique ou morale dont l’activité exclusive est de mettre à la disposition temporaire d’entreprises utilisatrices des salariés qu’en fonction d’une qualification convenue, elle recrute et rémunère à cet effet. Que recoupe véritablement cette notion d’entreprise de travail temporaire ? Quelles sont les obligations de ces entreprises ? C’est ce que nous allons voir. Bonjour, c’est Honorine, aujourd’hui, je vais vous présenter les entreprises de travail temporaire, un épisode d’une série consacrée au droit du travail. L’activité d’une entreprise de travail temporaire se définit donc par deux éléments que nous allons aborder successivement dans une première partie. Nous verrons ensuite que l’activité des entreprises de travail temporaire, que nous appellerons par commodité « ETT » est très encadrée. Examinons successivement ensemble ces différents points. Au vu du Code du travail, l’entreprise de travail temporaire se définit par deux critères cumulatifs qui tiennent à son activité. Premier point : l’entreprise de travail temporaire doit avoir pour objet la fourniture de main d’œuvre à but lucratif. Ensuite, en vertu de l’exclusivité rescrite par le Code du travail, il est interdit aux ETT de se livrer à toute autre activité, même subsidiaire. La règle d’exclusivité n’interdit pas nécessairement au représentant légal d’une société exploitant | 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66633633396332303631363937376664 | article100982 | 2 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | société exploitant une ETT d’exercer d’autres activités que la mise à disposition d’intérimaires, mais sous réserve que ces activités interviennent dans un cadre juridique distinct et avec des moyens spécifiques. Par dérogation au principe d’exclusivité, les ETT peuvent exercer, en premier lieu, des activités de placement privé prévues par l’article L. 5321-1 du Code du travail. L’activité de placement consiste à fournir, à titre habituel, des services visant à rapprocher offre et demande d’emploi sans que la personne physique ou morale assurant cette activité ne devienne partie aux relations de travail susceptibles d’en découler. L’activité d’entreprise à temps partagé est également possible en second lieu. Pour éviter que les salariés intérimaires soient privés de salaire, les entreprises de travail temporaire doivent être officiellement déclarées à l’inspecteur du travail avant de commencer à prêter de la main d’œuvre. Leur solvabilité doit être par ailleurs garantie. C’est l’objet de la garantie financière. Commençons par la déclaration administrative préalable. L’activité d’une ETT ne peut donc être exercée qu’après déclaration préalable à l’autorité administrative. Cette déclaration préalable qui comporte un certain nombre de mentions obligatoires, doit être datée et signée par l’entrepreneur et adressée à l’inspecteur du travail dont relève le siège de l’entreprise. Cette obligation de déclaration préalable est une disposition d’ordre public. L’entrepreneur de travail | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
société exploitant une ETT d’exercer d’autres activités que la mise à disposition d’intérimaires, mais sous réserve que ces activités interviennent dans un cadre juridique distinct et avec des moyens spécifiques. Par dérogation au principe d’exclusivité, les ETT peuvent exercer, en premier lieu, des activités de placement privé prévues par l’article L. 5321-1 du Code du travail. L’activité de placement consiste à fournir, à titre habituel, des services visant à rapprocher offre et demande d’emploi sans que la personne physique ou morale assurant cette activité ne devienne partie aux relations de travail susceptibles d’en découler. L’activité d’entreprise à temps partagé est également possible en second lieu. Pour éviter que les salariés intérimaires soient privés de salaire, les entreprises de travail temporaire doivent être officiellement déclarées à l’inspecteur du travail avant de commencer à prêter de la main d’œuvre. Leur solvabilité doit être par ailleurs garantie. C’est l’objet de la garantie financière. Commençons par la déclaration administrative préalable. L’activité d’une ETT ne peut donc être exercée qu’après déclaration préalable à l’autorité administrative. Cette déclaration préalable qui comporte un certain nombre de mentions obligatoires, doit être datée et signée par l’entrepreneur et adressée à l’inspecteur du travail dont relève le siège de l’entreprise. Cette obligation de déclaration préalable est une disposition d’ordre public. L’entrepreneur de travail | 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30326662303263303661663738643866 | article100982 | 3 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | de travail temporaire qui exerce son activité sans avoir effectué la déclaration préalable est passible des sanctions prévues aux articles L. 1255-2 et L. 1255-12 du Code du travail. Le tribunal peut également ordonner l’interdiction d’exercice de l’activité d’entreprises de travail temporaire pour une durée de 2 à 10 ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Continuons avec la garantie financière. Une ETT doit, pour exercer son activité, justifier à tout moment d’une garantie financière. Celle-ci est destinée à assurer, en cas de défaillance de sa part, notamment le paiement du salaire et de ses accessoires ainsi que l’indemnité de fin de mission et de l’indemnité compensatrice de congés payés des salariés temporaires. Il s’agit également de garantir le paiement des cotisations obligatoires et des remboursements des prestations sociales de sécurité sociale à l’égard de ces mêmes organismes dans le cas où l’entreprise de travail temporaire n’aurait pas acquitté les cotisations dans les délais prescrits. Le montant de la garantie est calculé pour chaque ETT en pourcentage du chiffre d’affaires réalisé au cours du dernier exercice social et certifié par un expert-comptable dans les six mois de la clôture de l’exercice. Ce mécanisme permet, nous l’avons vu, de contrecarrer les défaillances éventuelles des | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de travail temporaire qui exerce son activité sans avoir effectué la déclaration préalable est passible des sanctions prévues aux articles L. 1255-2 et L. 1255-12 du Code du travail. Le tribunal peut également ordonner l’interdiction d’exercice de l’activité d’entreprises de travail temporaire pour une durée de 2 à 10 ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Continuons avec la garantie financière. Une ETT doit, pour exercer son activité, justifier à tout moment d’une garantie financière. Celle-ci est destinée à assurer, en cas de défaillance de sa part, notamment le paiement du salaire et de ses accessoires ainsi que l’indemnité de fin de mission et de l’indemnité compensatrice de congés payés des salariés temporaires. Il s’agit également de garantir le paiement des cotisations obligatoires et des remboursements des prestations sociales de sécurité sociale à l’égard de ces mêmes organismes dans le cas où l’entreprise de travail temporaire n’aurait pas acquitté les cotisations dans les délais prescrits. Le montant de la garantie est calculé pour chaque ETT en pourcentage du chiffre d’affaires réalisé au cours du dernier exercice social et certifié par un expert-comptable dans les six mois de la clôture de l’exercice. Ce mécanisme permet, nous l’avons vu, de contrecarrer les défaillances éventuelles des | 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62386536613433626133326533383562 | article100982 | 4 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | éventuelles des ETT. Est considéré comme défaillant l’ETT qui, à l’expiration d’un délai de quinze jours suivant une mise en demeure émanant d’un salarié ou d’un organisme de sécurité sociale, n’a pas payé tout ou partie de ses dettes. L’obligation de garantie financière est, comme l’obligation de déclaration préalable, une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir obtenu la garantie financière est passible des sanctions. Le tribunal peut ordonner l’interdiction d’exercice de l’activité d’entreprise de travail temporaire pour une durée de deux à dix ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire - ex tribunal de grande instance - d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Le juge peut être saisi par l’inspecteur du travail ou un agent de contrôle des URSSAF. Avant de poursuivre sur l’encadrement et le contrôle des ETT, je vous propose un zoom sur le mécanisme de substitution de l’entreprise utilisatrice. Lorsque la garantie financière ne suffit pas à couvrir l’ensemble des créances, l’entreprise utilisatrice est substituée à l’ETT. Il appartient alors à l’entreprise utilisatrice de prendre en charge le paiement des salaires et indemnités des salariés intérimaires, mais aussi les charges sociales qui restent dues pour la durée de la mission accomplie dans son entreprise ainsi que pour le | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
éventuelles des ETT. Est considéré comme défaillant l’ETT qui, à l’expiration d’un délai de quinze jours suivant une mise en demeure émanant d’un salarié ou d’un organisme de sécurité sociale, n’a pas payé tout ou partie de ses dettes. L’obligation de garantie financière est, comme l’obligation de déclaration préalable, une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir obtenu la garantie financière est passible des sanctions. Le tribunal peut ordonner l’interdiction d’exercice de l’activité d’entreprise de travail temporaire pour une durée de deux à dix ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire - ex tribunal de grande instance - d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Le juge peut être saisi par l’inspecteur du travail ou un agent de contrôle des URSSAF. Avant de poursuivre sur l’encadrement et le contrôle des ETT, je vous propose un zoom sur le mécanisme de substitution de l’entreprise utilisatrice. Lorsque la garantie financière ne suffit pas à couvrir l’ensemble des créances, l’entreprise utilisatrice est substituée à l’ETT. Il appartient alors à l’entreprise utilisatrice de prendre en charge le paiement des salaires et indemnités des salariés intérimaires, mais aussi les charges sociales qui restent dues pour la durée de la mission accomplie dans son entreprise ainsi que pour le | 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36336664353834353664643739303637 | article100982 | 5 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | ainsi que pour le remboursement des prestations en cas de non-paiement des cotisations. Notons que la somme réclamée à l’entreprise utilisatrice au titre du remboursement des prestations sociales est plafonnée au montant des cotisations dues pour les travailleurs temporaires mis à disposition par l’ETT. En vertu de l’article R. 1251-25 du Code du travail, ce mécanisme de substitution ne peut pas être écarté par accord des parties. Plus encore, il intervient &même si l’entreprise utilisatrice a réglé la totalité des sommes qu’elle lui devait. La mise en jeu de la substitution de l’entreprise utilisatrice suppose que la garantie financière ait été appelée à jouer et se soit révélée insuffisante. Il s’agit donc d’une garantie subsidiaire. L’entreprise utilisatrice est saisie par un créancier : salarié, URSSAF, institution sociale, d’une demande en paiement dans un délai de dix jours par lettre recommandée avec accusé de réception ou remise en main propre contre décharges. À la suite du paiement des sommes dues au titre du mécanisme de substitution, l’entreprise utilisatrice est subrogée dans tous les droits des salariés et organismes sociaux contre l’entreprise de travail temporaire défaillante. Examinons rapidement d’autres formalités auxquelles est tenue l’ETT et qui peuvent faire l’objet d’un contrôle. L’ETT est tenue à chaque embauche de salarié temporaire ou permanent d’effectuer les formalités administratives liées à l’embauche de salariés. Retenons à titre principal la | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
ainsi que pour le remboursement des prestations en cas de non-paiement des cotisations. Notons que la somme réclamée à l’entreprise utilisatrice au titre du remboursement des prestations sociales est plafonnée au montant des cotisations dues pour les travailleurs temporaires mis à disposition par l’ETT. En vertu de l’article R. 1251-25 du Code du travail, ce mécanisme de substitution ne peut pas être écarté par accord des parties. Plus encore, il intervient &même si l’entreprise utilisatrice a réglé la totalité des sommes qu’elle lui devait. La mise en jeu de la substitution de l’entreprise utilisatrice suppose que la garantie financière ait été appelée à jouer et se soit révélée insuffisante. Il s’agit donc d’une garantie subsidiaire. L’entreprise utilisatrice est saisie par un créancier : salarié, URSSAF, institution sociale, d’une demande en paiement dans un délai de dix jours par lettre recommandée avec accusé de réception ou remise en main propre contre décharges. À la suite du paiement des sommes dues au titre du mécanisme de substitution, l’entreprise utilisatrice est subrogée dans tous les droits des salariés et organismes sociaux contre l’entreprise de travail temporaire défaillante. Examinons rapidement d’autres formalités auxquelles est tenue l’ETT et qui peuvent faire l’objet d’un contrôle. L’ETT est tenue à chaque embauche de salarié temporaire ou permanent d’effectuer les formalités administratives liées à l’embauche de salariés. Retenons à titre principal la | 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62636636393563666131333463366239 | article100982 | 6 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | titre principal la déclaration préalable à l’embauche. L’ETT est de plus tenue, sous peine de sanctions pénales, d’adresser chaque mois à Pôle emploi le relevé des contrats de mission conclus durant le ou les mois précédents et ayant pris fin ou en cours d’exécution durant le mois précédent. Le relevé est utilisé notamment pour la vérification des droits des salariés temporaires aux allocations d’assurance chômage. Le relevé mensuel des contrats de mission tient, de plus, lieu d’attestation d’assurance chômage pour les salariés temporaires. Le contrôle de l’activité de travail temporaire s’exerce par communication et vérification de documents que nous avons listés : la déclaration préalable à toute activité, la déclaration préalable à l’embauche, l’attestation de garantie financière, les relevés mensuels des contrats de mission. Pour la recherche et la constatation des infractions, les agents de contrôle (inspecteurs et contrôleurs du travail, officiers et agents de police judiciaire, agents des organismes de sécurité sociale) disposent des pouvoirs d’investigation qui leur sont accordés par des textes particuliers qui leur sont applicables et dans la limite de leurs compétences respectives. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, les entreprises de travail temporaire répondent à une définition stricte du Code du travail. Ensuite, leur activité est encadrée par un formalisme important et enfin, le respect de ces obligations | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
titre principal la déclaration préalable à l’embauche. L’ETT est de plus tenue, sous peine de sanctions pénales, d’adresser chaque mois à Pôle emploi le relevé des contrats de mission conclus durant le ou les mois précédents et ayant pris fin ou en cours d’exécution durant le mois précédent. Le relevé est utilisé notamment pour la vérification des droits des salariés temporaires aux allocations d’assurance chômage. Le relevé mensuel des contrats de mission tient, de plus, lieu d’attestation d’assurance chômage pour les salariés temporaires. Le contrôle de l’activité de travail temporaire s’exerce par communication et vérification de documents que nous avons listés : la déclaration préalable à toute activité, la déclaration préalable à l’embauche, l’attestation de garantie financière, les relevés mensuels des contrats de mission. Pour la recherche et la constatation des infractions, les agents de contrôle (inspecteurs et contrôleurs du travail, officiers et agents de police judiciaire, agents des organismes de sécurité sociale) disposent des pouvoirs d’investigation qui leur sont accordés par des textes particuliers qui leur sont applicables et dans la limite de leurs compétences respectives. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, les entreprises de travail temporaire répondent à une définition stricte du Code du travail. Ensuite, leur activité est encadrée par un formalisme important et enfin, le respect de ces obligations | 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35643664303639623563643231643036 | article100982 | 7 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | de ces obligations formelles fait l’objet de contrôles. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.Les relations entre les parties en vidéo (Web série droit du travail)Lire la retranscription textuelle Selon l'article L. 1251-1 du Code du travail, le recours au travail temporaire a pour objet la mise à disposition temporaire d'un salarié par une entreprise de travail temporaire au bénéfice d'un client utilisateur pour l'exécution d'une mission. Quelles sont les relations qui se jouent entre entreprise de travail temporaire, entreprise utilisatrice et salarié intérimaire ? Quelles sont les obligations de chacune de ces parties ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter le travail temporaire : les relations entre les parties ; un épisode d'une série consacrée au droit du travail. Le travail temporaire est caractérisé par l'établissement d'une relation triangulaire entre d'un côté l'employeur, c'est-à-dire l'entreprise de travail temporaire, autrement dit « ETT », le salarié intérimaire et l'entreprise utilisatrice chez laquelle le salarié temporaire est envoyé en mission. Chaque mission donne lieu à la conclusion d'un | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de ces obligations formelles fait l’objet de contrôles. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.Les relations entre les parties en vidéo (Web série droit du travail)Lire la retranscription textuelle Selon l'article L. 1251-1 du Code du travail, le recours au travail temporaire a pour objet la mise à disposition temporaire d'un salarié par une entreprise de travail temporaire au bénéfice d'un client utilisateur pour l'exécution d'une mission. Quelles sont les relations qui se jouent entre entreprise de travail temporaire, entreprise utilisatrice et salarié intérimaire ? Quelles sont les obligations de chacune de ces parties ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter le travail temporaire : les relations entre les parties ; un épisode d'une série consacrée au droit du travail. Le travail temporaire est caractérisé par l'établissement d'une relation triangulaire entre d'un côté l'employeur, c'est-à-dire l'entreprise de travail temporaire, autrement dit « ETT », le salarié intérimaire et l'entreprise utilisatrice chez laquelle le salarié temporaire est envoyé en mission. Chaque mission donne lieu à la conclusion d'un | 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61653765343837626235353461363665 | article100982 | 8 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | la conclusion d'un contrat de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » d'une part, et la conclusion, d'autre part, d'un contrat de travail dit « contrat de mission » entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Examinons ensemble successivement les trois aspects de cette relation triangulaire. Pour commencer, le contrat de mise à disposition est conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice. Ce contrat conclu entre deux entreprises relève à la fois du droit civil et du droit commercial, mais intéresse également le droit du travail. En effet, par le biais de ce contrat, une entreprise utilisatrice de main d'œuvre devient détentrice d'un pouvoir de direction sur des salariés qui ne sont pas juridiquement les siens. Le contrat de mise à disposition doit être établi au plus tard dans les deux jours ouvrables suivant la mise à disposition. Il doit énoncer le motif pour lequel il est recouru au travailleur temporaire. Cette mention doit être assortie de justifications précises : s'il s'agit du remplacement d'un salarié absent, le nom et la qualification du salarié remplacé doivent être mentionnés ; le terme de la mission avec, le cas échéant, la clause de renouvellement, d'anticipation ou du report du terme ; les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
la conclusion d'un contrat de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » d'une part, et la conclusion, d'autre part, d'un contrat de travail dit « contrat de mission » entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Examinons ensemble successivement les trois aspects de cette relation triangulaire. Pour commencer, le contrat de mise à disposition est conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice. Ce contrat conclu entre deux entreprises relève à la fois du droit civil et du droit commercial, mais intéresse également le droit du travail. En effet, par le biais de ce contrat, une entreprise utilisatrice de main d'œuvre devient détentrice d'un pouvoir de direction sur des salariés qui ne sont pas juridiquement les siens. Le contrat de mise à disposition doit être établi au plus tard dans les deux jours ouvrables suivant la mise à disposition. Il doit énoncer le motif pour lequel il est recouru au travailleur temporaire. Cette mention doit être assortie de justifications précises : s'il s'agit du remplacement d'un salarié absent, le nom et la qualification du salarié remplacé doivent être mentionnés ; le terme de la mission avec, le cas échéant, la clause de renouvellement, d'anticipation ou du report du terme ; les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes | 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66623931303137343739326637376238 | article100982 | 9 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés ; la qualification professionnelle exigée ; bien évidemment le lieu de la mission et les horaires et enfin le montant de la rémunération avec ses différentes composantes. La chambre sociale a rappelé que la signature du contrat de mise à disposition est une prescription d'ordre public dont l'omission entraîne la requalification en contrat de droit commun à durée indéterminée. La formalité d'un contrat écrit imposée par la loi dans les rapports entre l'entreprise utilisatrice et l’ETT est destinée à garantir qu’ont été observées les diverses conditions à défaut desquelles toute opération de prêt de main d'œuvre étant interdite. Cette prescription étant d'ordre public, son omission entraîne la nullité absolue du contrat de mise à disposition conclu. En outre, le salarié temporaire pourrait, à défaut de contrat de mise à disposition, être considéré comme étant lié à l'entreprise utilisatrice par un contrat à durée indéterminée. Enfin, il convient de noter qu'à défaut de rédaction d'un contrat de mise à disposition écrit dans les deux jours ouvrables suivant la mise à disposition de celle-ci est en outre passible des sanctions pénales prévues à l'article L. 1255-2 du Code du travail. Poursuivons avec la relation qui s'établit entre l'entreprise de travail temporaire et le salarié intérimaire. L'entreprise de travail temporaire est l'employeur du travailleur mis à disposition. Le | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés ; la qualification professionnelle exigée ; bien évidemment le lieu de la mission et les horaires et enfin le montant de la rémunération avec ses différentes composantes. La chambre sociale a rappelé que la signature du contrat de mise à disposition est une prescription d'ordre public dont l'omission entraîne la requalification en contrat de droit commun à durée indéterminée. La formalité d'un contrat écrit imposée par la loi dans les rapports entre l'entreprise utilisatrice et l’ETT est destinée à garantir qu’ont été observées les diverses conditions à défaut desquelles toute opération de prêt de main d'œuvre étant interdite. Cette prescription étant d'ordre public, son omission entraîne la nullité absolue du contrat de mise à disposition conclu. En outre, le salarié temporaire pourrait, à défaut de contrat de mise à disposition, être considéré comme étant lié à l'entreprise utilisatrice par un contrat à durée indéterminée. Enfin, il convient de noter qu'à défaut de rédaction d'un contrat de mise à disposition écrit dans les deux jours ouvrables suivant la mise à disposition de celle-ci est en outre passible des sanctions pénales prévues à l'article L. 1255-2 du Code du travail. Poursuivons avec la relation qui s'établit entre l'entreprise de travail temporaire et le salarié intérimaire. L'entreprise de travail temporaire est l'employeur du travailleur mis à disposition. Le | 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35663234313035313361653931653736 | article100982 | 10 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | à disposition. Le contrat qui lie ces deux parties est un véritable contrat de travail. Il est conclu pour une mission précise et chacune de celles-ci doit donner lieu à la signature d'un nouveau contrat de travail entre l'intérimaire et l’ETT. Ce contrat est indifféremment nommé contrat de mission ou contrat de travail temporaire dans le Code du travail. Le contrat de travail du travailleur temporaire répond à certaines formalités. Il doit être établi par écrit. Cette prescription est d'ordre public, son omission entraîne la nullité du contrat en tant que contrat de travail temporaire et impose de le considérer comme contrat de travail de droit commun. Faute de comporter la signature du travailleur temporaire, le contrat de mission ne peut être considéré comme ayant été établi par écrit et le fait que le salarié intérimaire ait effectué plusieurs missions dans le passé pour la société n'y change rien. Le contrat de mission doit être transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. À défaut, l'intérimaire a droit à une indemnité plafonnée à un mois de salaire. L'article L. 1251-16 du Code du travail énumère les mentions que le contrat doit obligatoirement comporter. Citons par exemple la reproduction des clauses et mentions du contrat de mise à disposition, dont notamment le motif et le terme de la mission, la qualification professionnelle du salarié, les modalités de la rémunération ou la durée de la période d'essai | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
à disposition. Le contrat qui lie ces deux parties est un véritable contrat de travail. Il est conclu pour une mission précise et chacune de celles-ci doit donner lieu à la signature d'un nouveau contrat de travail entre l'intérimaire et l’ETT. Ce contrat est indifféremment nommé contrat de mission ou contrat de travail temporaire dans le Code du travail. Le contrat de travail du travailleur temporaire répond à certaines formalités. Il doit être établi par écrit. Cette prescription est d'ordre public, son omission entraîne la nullité du contrat en tant que contrat de travail temporaire et impose de le considérer comme contrat de travail de droit commun. Faute de comporter la signature du travailleur temporaire, le contrat de mission ne peut être considéré comme ayant été établi par écrit et le fait que le salarié intérimaire ait effectué plusieurs missions dans le passé pour la société n'y change rien. Le contrat de mission doit être transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. À défaut, l'intérimaire a droit à une indemnité plafonnée à un mois de salaire. L'article L. 1251-16 du Code du travail énumère les mentions que le contrat doit obligatoirement comporter. Citons par exemple la reproduction des clauses et mentions du contrat de mise à disposition, dont notamment le motif et le terme de la mission, la qualification professionnelle du salarié, les modalités de la rémunération ou la durée de la période d'essai | 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38316334313535626539356234383839 | article100982 | 11 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | la période d'essai éventuellement prévue. Au sujet de cette dernière mention, le contrat de mission peut effectivement comporter une période d'essai dont la durée est fixée par convention ou accord collectif de branche étendu, ou par convention ou accord d'entreprise ou d'établissement. L’ETT est responsable de l'établissement du contrat et de sa conformité. Il lui appartient, le cas échéant, de demander à l'utilisateur les précisions nécessaires. L'absence d'écrit, d'envoi du contrat au travailleur temporaire dans le délai de deux jours ou des mentions obligatoires au contrat ou l'indication de mentions volontairement inexactes sont passibles de sanctions pénales. Enfin, notons que l'absence de l'une des mentions de l'article L. 1251-16 du Code du travail dans le contrat de mission peut aussi entraîner une requalification du contrat de mission en CDI. Avant de poursuivre sur les relations entre salariés intérimaires et entreprises utilisatrices, je vous propose un zoom sur la prévention et la sécurité des travailleurs temporaires. L'entreprise de travail temporaire et l'entreprise utilisatrice sont responsables solidairement pour la prévention et la sécurité des travailleurs temporaires. Pour la Cour de cassation, en effet, l’ETT et l'entreprise utilisatrice sont tenues à l'égard des salariés mis à disposition d'une obligation de sécurité dont elles doivent assurer l'effectivité, chacune au regard des obligations que les textes mettent à leur charge en matière de prévention | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
la période d'essai éventuellement prévue. Au sujet de cette dernière mention, le contrat de mission peut effectivement comporter une période d'essai dont la durée est fixée par convention ou accord collectif de branche étendu, ou par convention ou accord d'entreprise ou d'établissement. L’ETT est responsable de l'établissement du contrat et de sa conformité. Il lui appartient, le cas échéant, de demander à l'utilisateur les précisions nécessaires. L'absence d'écrit, d'envoi du contrat au travailleur temporaire dans le délai de deux jours ou des mentions obligatoires au contrat ou l'indication de mentions volontairement inexactes sont passibles de sanctions pénales. Enfin, notons que l'absence de l'une des mentions de l'article L. 1251-16 du Code du travail dans le contrat de mission peut aussi entraîner une requalification du contrat de mission en CDI. Avant de poursuivre sur les relations entre salariés intérimaires et entreprises utilisatrices, je vous propose un zoom sur la prévention et la sécurité des travailleurs temporaires. L'entreprise de travail temporaire et l'entreprise utilisatrice sont responsables solidairement pour la prévention et la sécurité des travailleurs temporaires. Pour la Cour de cassation, en effet, l’ETT et l'entreprise utilisatrice sont tenues à l'égard des salariés mis à disposition d'une obligation de sécurité dont elles doivent assurer l'effectivité, chacune au regard des obligations que les textes mettent à leur charge en matière de prévention | 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30323761356433613736363963356130 | article100982 | 12 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | de prévention des risques. Outre cette solidarité financière générale, il incombe à l’ETT et à l'entreprise utilisatrice des obligations propres. Si la loi interdit certains travaux dangereux aux travailleurs temporaires, il n'en reste pas moins que certains postes autorisés peuvent présenter des risques particuliers pour la santé et la sécurité. Il appartient au chef de l'entreprise utilisatrice d'en établir la liste, après avis du médecin du travail et du CSE, s'il existe. Les caractéristiques de ces postes présentant des risques particuliers pour la santé ou la sécurité des salariés doivent expressément figurer sur le contrat de mise à disposition établi entre l’ETT et l'utilisatrice sur la base des indications fournies par l'entreprise utilisatrice. Le contrat de travail, c'est-à-dire le contrat de mise à disposition, doit également mentionner si le poste occupé par le salarié temporaire figure ou non sur cette liste. Les travailleurs temporaires concernés doivent bénéficier d'un accueil et d'une formation adaptés à la charge de l'entreprise utilisatrice. Les salariés intérimaires affectés à l'un des postes de travail figurant sur la liste des postes à risques de l'entreprise doivent en outre suivre une formation renforcée à la sécurité ainsi que d'un accueil et d'une formation adaptés dans l'entreprise dans laquelle ils sont occupés. L'entreprise utilisatrice, responsable des conditions d'exécution de la mission, doit de plus obligatoirement organiser une formation | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de prévention des risques. Outre cette solidarité financière générale, il incombe à l’ETT et à l'entreprise utilisatrice des obligations propres. Si la loi interdit certains travaux dangereux aux travailleurs temporaires, il n'en reste pas moins que certains postes autorisés peuvent présenter des risques particuliers pour la santé et la sécurité. Il appartient au chef de l'entreprise utilisatrice d'en établir la liste, après avis du médecin du travail et du CSE, s'il existe. Les caractéristiques de ces postes présentant des risques particuliers pour la santé ou la sécurité des salariés doivent expressément figurer sur le contrat de mise à disposition établi entre l’ETT et l'utilisatrice sur la base des indications fournies par l'entreprise utilisatrice. Le contrat de travail, c'est-à-dire le contrat de mise à disposition, doit également mentionner si le poste occupé par le salarié temporaire figure ou non sur cette liste. Les travailleurs temporaires concernés doivent bénéficier d'un accueil et d'une formation adaptés à la charge de l'entreprise utilisatrice. Les salariés intérimaires affectés à l'un des postes de travail figurant sur la liste des postes à risques de l'entreprise doivent en outre suivre une formation renforcée à la sécurité ainsi que d'un accueil et d'une formation adaptés dans l'entreprise dans laquelle ils sont occupés. L'entreprise utilisatrice, responsable des conditions d'exécution de la mission, doit de plus obligatoirement organiser une formation | 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|
63313164616234646136313365393865 | article101013 | 26 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Connaissance des empoussièrements d'amiante et des techniques associées"
] | que depuis le 1er janvier 2018, les organismes doivent renseigner une information supplémentaire dans la base SCOLA concernant la réalisation ou non d’un repérage amiante avant travaux (RAT) afin d’améliorer l’exploitation des données et notamment intégrer avec certitude les mesures à 0 f/L dans l’air, dès lors que la présence d’amiante est avérée dans le matériau ou le produit concerné.L’application Scol@mianteL’application Scol@miante consultable sur tablettes et smartphones, disponible sur le site de l’INRS, permet de réaliser une évaluation a priori des niveaux d’empoussièrement aux fibres d’amiante, lors de la mise en œuvre de processus sur matériaux amiantés. L’interrogation de l’outil se fait par type d’activité (sous-section 3 pour les travaux de retrait et d’encapsulage et sous-section 4 pour les interventions sur matériaux amiantés), par nature du matériau et par technique utilisée.Les données d’évaluation sont issues du cumul des mesurages réalisés par microscopie électronique en transmission analytique (META) par les organismes accrédités par le Cofrac pour le contrôle de l’amiante en milieu de travail, renseignés dans la base SCOLA de collecte des données relatives aux VLEP réglementaires (système de collecte des informations des organismes accrédités) gérée par l’INRS. Le résultat délivré est assorti d’un indice de confiance reflétant le nombre de données renseignées dans Scola.Attention toutefois : l’utilisation de Scol@miante ne peut pas se substituer à | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
que depuis le 1er janvier 2018, les organismes doivent renseigner une information supplémentaire dans la base SCOLA concernant la réalisation ou non d’un repérage amiante avant travaux (RAT) afin d’améliorer l’exploitation des données et notamment intégrer avec certitude les mesures à 0 f/L dans l’air, dès lors que la présence d’amiante est avérée dans le matériau ou le produit concerné.L’application Scol@mianteL’application Scol@miante consultable sur tablettes et smartphones, disponible sur le site de l’INRS, permet de réaliser une évaluation a priori des niveaux d’empoussièrement aux fibres d’amiante, lors de la mise en œuvre de processus sur matériaux amiantés. L’interrogation de l’outil se fait par type d’activité (sous-section 3 pour les travaux de retrait et d’encapsulage et sous-section 4 pour les interventions sur matériaux amiantés), par nature du matériau et par technique utilisée.Les données d’évaluation sont issues du cumul des mesurages réalisés par microscopie électronique en transmission analytique (META) par les organismes accrédités par le Cofrac pour le contrôle de l’amiante en milieu de travail, renseignés dans la base SCOLA de collecte des données relatives aux VLEP réglementaires (système de collecte des informations des organismes accrédités) gérée par l’INRS. Le résultat délivré est assorti d’un indice de confiance reflétant le nombre de données renseignées dans Scola.Attention toutefois : l’utilisation de Scol@miante ne peut pas se substituer à | 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34373138613961323838303036643861 | article100982 | 13 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | une formation pratique et appropriée en matière de sécurité au bénéfice de tous les travailleurs temporaires, qu'ils soient affectés sur un poste figurant sur la liste ou non. L'entreprise utilisatrice qui ne dispense pas cette formation à la sécurité commet une violation de l'obligation de sécurité ou de prudence imposée par la loi pouvant donner lieu à une sanction pénale. Le chef de l'entreprise utilisatrice précise la nature des équipements de protection individuelle à utiliser et les fournit. Toutefois, certains équipements personnalisés, casques et chaussures par exemple, définis par voie de convention ou d'accord collectif, peuvent être fournis par l’ETT. Toutes ces indications figurent dans le contrat de mise à disposition. Le fait pour une entreprise utilisatrice de ne pas fournir un équipement de protection constitue un manquement à l'obligation de sécurité, ce qui engage la responsabilité solidaire de l’ETT et de l'entreprise utilisatrice. L’entreprise utilisatrice commande le salarié intérimaire sans en être son employeur. Cette entreprise a le pouvoir de diriger le salarié temporaire mais n'a aucun pouvoir ou aucune responsabilité propres à l'employeur. Le pouvoir disciplinaire, par exemple, reste entièrement aux mains de l’ETT. Pour autant, dans les faits, le travailleur est véritablement installé dans l'entreprise utilisatrice. Il y prend la place d'un salarié de cette entreprise. Le régime social du travailleur temporaire est régi par le principe d'égalité de | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
une formation pratique et appropriée en matière de sécurité au bénéfice de tous les travailleurs temporaires, qu'ils soient affectés sur un poste figurant sur la liste ou non. L'entreprise utilisatrice qui ne dispense pas cette formation à la sécurité commet une violation de l'obligation de sécurité ou de prudence imposée par la loi pouvant donner lieu à une sanction pénale. Le chef de l'entreprise utilisatrice précise la nature des équipements de protection individuelle à utiliser et les fournit. Toutefois, certains équipements personnalisés, casques et chaussures par exemple, définis par voie de convention ou d'accord collectif, peuvent être fournis par l’ETT. Toutes ces indications figurent dans le contrat de mise à disposition. Le fait pour une entreprise utilisatrice de ne pas fournir un équipement de protection constitue un manquement à l'obligation de sécurité, ce qui engage la responsabilité solidaire de l’ETT et de l'entreprise utilisatrice. L’entreprise utilisatrice commande le salarié intérimaire sans en être son employeur. Cette entreprise a le pouvoir de diriger le salarié temporaire mais n'a aucun pouvoir ou aucune responsabilité propres à l'employeur. Le pouvoir disciplinaire, par exemple, reste entièrement aux mains de l’ETT. Pour autant, dans les faits, le travailleur est véritablement installé dans l'entreprise utilisatrice. Il y prend la place d'un salarié de cette entreprise. Le régime social du travailleur temporaire est régi par le principe d'égalité de | 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31303836376635353833613762666330 | article100982 | 14 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | d'égalité de traitement. Il doit bénéficier des mêmes droits et obligations que les salariés permanents de l'entreprise utilisatrice. Bien que non salarié de l'entreprise utilisatrice, le salarié temporaire doit être inscrit sur le registre unique du personnel avec la mention « salarié temporaire » ainsi que le nom et l'adresse de l’ETT. Le travailleur temporaire est de plus soumis aux règles légales et conventionnelles applicables au sein de l'entreprise utilisatrice pour ce qui concerne les conditions d'exécution du travail suivantes : durée, travail de nuit, repos hebdomadaire et jours fériés, santé et sécurité, travail des femmes, des enfants et des jeunes. L'entreprise utilisatrice est responsable des conditions d'exécution du travail relatives aux domaines précités et limitativement énumérés par le Code du travail. L'entreprise utilisatrice doit également garantir au salarié temporaire l'accès aux moyens de transports collectifs et aux installations collectives, notamment de restauration, dont peuvent bénéficier les salariés de l'entreprise utilisatrice, et ce, dans les mêmes conditions que ces derniers. Toujours sur le plan collectif, le salarié intérimaire doit pouvoir faire présenter par la délégation du personnel du CSE de l'entreprise utilisatrice ses réclamations individuelles et collectives concernant la rémunération ou les conditions de travail, par exemple. Enfin, en vue de favoriser son éventuelle intégration en son sein, l'entreprise utilisatrice doit porter | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
d'égalité de traitement. Il doit bénéficier des mêmes droits et obligations que les salariés permanents de l'entreprise utilisatrice. Bien que non salarié de l'entreprise utilisatrice, le salarié temporaire doit être inscrit sur le registre unique du personnel avec la mention « salarié temporaire » ainsi que le nom et l'adresse de l’ETT. Le travailleur temporaire est de plus soumis aux règles légales et conventionnelles applicables au sein de l'entreprise utilisatrice pour ce qui concerne les conditions d'exécution du travail suivantes : durée, travail de nuit, repos hebdomadaire et jours fériés, santé et sécurité, travail des femmes, des enfants et des jeunes. L'entreprise utilisatrice est responsable des conditions d'exécution du travail relatives aux domaines précités et limitativement énumérés par le Code du travail. L'entreprise utilisatrice doit également garantir au salarié temporaire l'accès aux moyens de transports collectifs et aux installations collectives, notamment de restauration, dont peuvent bénéficier les salariés de l'entreprise utilisatrice, et ce, dans les mêmes conditions que ces derniers. Toujours sur le plan collectif, le salarié intérimaire doit pouvoir faire présenter par la délégation du personnel du CSE de l'entreprise utilisatrice ses réclamations individuelles et collectives concernant la rémunération ou les conditions de travail, par exemple. Enfin, en vue de favoriser son éventuelle intégration en son sein, l'entreprise utilisatrice doit porter | 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65383336353365306564356239396366 | article100982 | 15 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | doit porter à la connaissance du salarié temporaire la liste des postes à pourvoir dans l'entreprise par des contrats à durée indéterminée lorsqu'un tel dispositif d'information existe déjà dans l'entreprise pour les salariés liés par un contrat de travail à durée indéterminée. Nous arrivons au terme de cette vidéo et il y a donc quatre points à retenir. Tout d'abord, le travail temporaire est caractérisé par une relation triangulaire entre ETT, entreprise utilisatrice et salarié intérimaire. Ensuite, la relation entre ETT et entreprise utilisatrice se matérialise par un contrat de mise à disposition. Le contrat de mission lie quant à lui l’ETT et le salarié intérimaire. Enfin, le salarié intérimaire doit être traité par l'entreprise utilisatrice comme un salarié permanent. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Qu'est-ce qu'une mission ? Un salarié sous contrat de travail temporaire (également appelé intérimaire) est un salarié embauché et rémunéré par une entreprise de travail temporaire (ETT) qui le met à la disposition d'une entreprise utilisatrice pour une durée limitée, dénommée mission. Chaque mission donne lieu à la conclusion :D'un contrat de mise à disposition | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
doit porter à la connaissance du salarié temporaire la liste des postes à pourvoir dans l'entreprise par des contrats à durée indéterminée lorsqu'un tel dispositif d'information existe déjà dans l'entreprise pour les salariés liés par un contrat de travail à durée indéterminée. Nous arrivons au terme de cette vidéo et il y a donc quatre points à retenir. Tout d'abord, le travail temporaire est caractérisé par une relation triangulaire entre ETT, entreprise utilisatrice et salarié intérimaire. Ensuite, la relation entre ETT et entreprise utilisatrice se matérialise par un contrat de mise à disposition. Le contrat de mission lie quant à lui l’ETT et le salarié intérimaire. Enfin, le salarié intérimaire doit être traité par l'entreprise utilisatrice comme un salarié permanent. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Qu'est-ce qu'une mission ? Un salarié sous contrat de travail temporaire (également appelé intérimaire) est un salarié embauché et rémunéré par une entreprise de travail temporaire (ETT) qui le met à la disposition d'une entreprise utilisatrice pour une durée limitée, dénommée mission. Chaque mission donne lieu à la conclusion :D'un contrat de mise à disposition | 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66333633353639633031383565613431 | article100982 | 16 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
] | mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » ;D'un contrat de travail, dit « contrat de mission », entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. La mission prend fin à la date fixée ou, en cas de terme imprécis, lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). Cas particuliersLes entreprises de travail temporaire peuvent également exercer l’activité d’entreprise de travail à temps partagé, dans les conditions fixées par le Code du travail ;L’utilisateur auprès duquel est mis à disposition un salarié temporaire peut être une personne morale de droit public (État, collectivités territoriales, etc. ). Dans ce cas, les dispositions du code du travail relatives au contrat de travail conclu avec une entreprise de travail temporaire s’appliquent, sous réserve des dispositions particulières (cas de recours, situation à l’issue de la mission, etc. ) figurant aux articles L. 1251-60 à L. 1251-63 du Code du travail ;Les entreprises adaptées de travail temporaire concluent des contrats de mission pour faciliter l'accès à l'emploi durable des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du Code du travail. Ces | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » ;D'un contrat de travail, dit « contrat de mission », entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. La mission prend fin à la date fixée ou, en cas de terme imprécis, lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). Cas particuliersLes entreprises de travail temporaire peuvent également exercer l’activité d’entreprise de travail à temps partagé, dans les conditions fixées par le Code du travail ;L’utilisateur auprès duquel est mis à disposition un salarié temporaire peut être une personne morale de droit public (État, collectivités territoriales, etc. ). Dans ce cas, les dispositions du code du travail relatives au contrat de travail conclu avec une entreprise de travail temporaire s’appliquent, sous réserve des dispositions particulières (cas de recours, situation à l’issue de la mission, etc. ) figurant aux articles L. 1251-60 à L. 1251-63 du Code du travail ;Les entreprises adaptées de travail temporaire concluent des contrats de mission pour faciliter l'accès à l'emploi durable des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du Code du travail. Ces | 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