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Until June 30, 2021, employers can, by means of a company agreement, derogate from the rules relating to open-ended contracts and temporary work.
The modalities for using fixed-term contracts (CDD) and assignment contracts concluded in the context of temporary work (maximum duration, waiting period, etc.) are strictly regulated by law. And only an extended branch agreement can, in normal times, deviate from these rules.
But to respond to the difficulties encountered by companies due to the economic crisis linked to Covid-19, the public authorities had allowed them to set aside these rules by means of a company agreement for fixed-term contracts and assignment contracts. concluded until December 31, 2020.
The current context has led the government to extend this possibility by 6 months, i.e. for fixed-term contracts and mission contracts concluded until June 30, 2021.
The company agreement concluded can thus fix:
– the maximum number of renewals of fixed-term contracts and assignment contracts, bearing in mind that this number can neither have the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company;
– the methods for calculating the waiting period to be observed between two fixed-term contracts or two assignment contracts;
– the cases in which this waiting period does not apply.
The rules thus determined by the company agreement prevail over the provisions provided for by the Labor Code, but also over those set by branch agreements and professional agreements usually applicable in this area.
Ordinance n ° 2020-1597 of December 16, 2020, OJ of 17
Report to the President of the Republic on Ordinance No. 2020-1597 of December 16, 2020
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