Occasional work has its own form of CDD
I had thought there were only two main types of work contracts, CDD (temporary) and CDI (permanent) in France but I have now heard of a CDD d’usage which could be useful for me as an event coordinator in need of occasional help. Can you tell me more? F.G.
The CDD d’usage – also called contrat d’extra – is a type of contrat à durée déterminée that gives employers in certain sectors greater flexibility but, as it gives poorer protection to workers, its usage is strictly bound by law.
It is only for occasional jobs and cannot be used for cyclical or seasonal work. It applies for a specific task, which must be outlined in the contract.
While the CDD d’usage specifies a minimum time period – it can last hours, days or months – no end period is specified, unlike with a CDD. It ends when the task is finished.
Only legally defined sectors can use it, such as forestry, boat repairs, building, removals, hotels and restaurants, events, teaching, marketing surveys or personal services plus any areas where its use has been agreed in industry agreements.
Pay must not be below the industry standard for a CDI.
Companies have an advantage against traditional CDD contracts of having no 10% prime de précarité payment at the end but the employee is not entitled to paid holidays so is given the equivalent of 10% of gross pay at the contract end.
The CDD d’usage allows the employee to be re-hired when needed and does not fix a delay between contracts. They are also not given a CDI after three consecutive working periods.
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However, a judge can reclassify a CDD d’usage contract as a CDI if the job exceeds 60 days in a quarter and is no longer seen as temporary. Employers face a €3,750 fine and an individual five times this for abuses.
The CDD d’usage cannot be used for jobs that would normally require a part-time CDI à temps partiel, like recurrent work of several hours a week.
On contracts of up to three months firms pay assurance chômage at 4.55% instead of 4.05% but this will end in 2019.
