Can restaurateurs who hire employees with fixed-term contracts for “extra” services in the same month establish a single employment contract?

No. Catering employers do not have the possibility to enter into a single employment contract and, at the end of the month, to pay a single payslip, a single Pôle Emploi statement and a single final payment receipt to their employees fixed-term contracts for their “extra” assignments carried out in the same calendar month.

The Minister of Labour, Full Employment and Integration recalled that while the normal fixed-term employment contract (CDD) allows for a certain flexibility in specific sectors of activity, the objective pursued by the legislation consists in limiting this type of contract to strictly defined needs, i.e. for the execution of a precise and temporary task. And he specified that Pôle Emploi applies the terms of the Labor Code.

Article L 1242-19 of the Labor Code provides that at the end of the employment contract the employer issues the worker a certificate, and article R 1234-9 of the same code indicates that the employer issues the worker, upon expiry or termination of the employment contract, the certificates and justifications enabling him to exercise his rights to unemployment benefit and send the same certificates to Pôle emploi without delay. The presentation of these documents allows employees to assert their rights against Pôle Emploi at the end of the employment contract.

According to the Minister of Labour, presenting a single certificate at the end of the month tracing all the employment relationships during the month would have the effect of delaying the moment in which the worker is put in a position to assert his rights to the job unemployment insurance. And allowing the release at the end of the month of a Pôle emploi certificate which traces the conclusion, during the same month, of several fixed-term user contracts with the same employee, for the benefit of a single employer, suggests that the validity of the application risks being called into question as to the conformity of its object, which is to satisfy specific and immediate needs.

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