French Labour Law

Waiting Period Between Two Fixed-Term Contracts in France: Exceptions and Rules for Employers

DAIRIA Law · 2026-09-22 · 7 min

Waiting Period Between Two Fixed-Term Contracts in France: Exceptions and Rules for Employers

Between two fixed-term contracts (contrat à durée déterminée, or CDD) concluded for the same position, your company must, in principle, observe a waiting period (délai de carence) before entering into a new fixed-term contract. However, Article L.1244-4 of the French Labour Code provides for several exceptions in which this period does not apply: replacement of an absent employee, seasonal employment, usage-based contracts (contrats d’usage), early termination at the employee’s initiative, the employee’s refusal to renew, or urgent safety-related works, among others.

Understanding how the principle interacts with its exceptions is essential to avoid the reclassification of a CDD into a permanent contract (contrat à durée indéterminée, or CDI). DAIRIA Avocats advises HR directors and executives of mid-sized companies in securing their fixed-term contract policies.

The Principle of the Waiting Period Between Two Fixed-Term Contracts

When a CDD comes to an end for a given position, your company cannot immediately conclude a new CDD for the same position. A waiting period, known as the délai de carence, must elapse.

How to Calculate the Duration of the Waiting Period

The duration of the waiting period is determined by an extended collective bargaining agreement or industry-wide agreement. Absent such an agreement, Article L.1244-3-1 of the French Labour Code sets out the default rules:

  • One third of the duration of the expired contract, including any renewal, where the initial contract (renewal included) is at least 14 days;
  • One half of the duration of the expired contract, including any renewal, where that contract was less than 14 days.

The waiting period is counted in days on which the company concerned is open for business, pursuant to the aforementioned Article L.1244-3-1.

The Scope: “The Same Position”

The waiting period is assessed solely with regard to the position, not the employee. If you conclude a new CDD for a different position, no waiting period applies. The notion of the “same position” refers to a role involving the same tasks, regardless of the person hired. This assessment, which is frequently a source of litigation, warrants a careful review of the job description and the duties actually assigned.

The Exceptions to the Waiting Period (Article L.1244-4 of the French Labour Code)

Article L.1244-4-1 of the French Labour Code provides an exhaustive list of situations in which the waiting period does not apply. These exceptions make it possible to conclude a new CDD for the same position without observing any waiting period.

1. Replacement of an Absent Employee

Where the CDD is concluded to cover the replacement of a temporarily absent employee or an employee whose contract is suspended, and where such absence is extended or a further employee must be replaced, no waiting period is required. This commonly applies to successive replacements for sick leave, maternity leave, or parental leave.

2. Urgent Works Required by Safety Measures

CDDs concluded for the performance of urgent works whose immediate execution is necessary to prevent imminent accidents, organise rescue measures, or repair equipment failures are exempt from the waiting period.

3. Seasonal Employment and Usage-Based Contracts

Seasonal employment, as well as contracts concluded in sectors of activity where it is customary not to use permanent contracts (usage-based contracts, or contrats d’usage), are not subject to the waiting period. The list of these sectors is set by decree or by collective bargaining agreement (hospitality and catering, entertainment, removals, etc.).

4. Replacement of a Business Owner or Operator

A CDD concluded to replace the head of an artisanal, industrial, or commercial business, a person practising a liberal profession, their spouse participating in the business, or the head of an agricultural operation, is not subject to the waiting period.

5. Early Termination at the Employee’s Initiative

Where the previous CDD was terminated early by the employee, your company may conclude a new CDD for the same position without waiting. Since the termination is at the employee’s initiative, the protective rationale of the waiting period does not apply.

6. The Employee’s Refusal to Renew the Contract

If the employee refuses to renew their CDD, no waiting period is required for the duration of the non-renewed contract. It is up to you to keep evidence of this refusal (letter, rejected amendment) to justify the exception in the event of an inspection.

What Your Company Risks in Case of Non-Compliance

Failure to observe the waiting period, outside the statutory exceptions, exposes your company to a major risk: the reclassification of the CDD into a permanent contract (CDI).

The succession of CDDs for the same position without observing the waiting period may be construed by the courts as a means of durably filling a position linked to the normal and permanent activity of the company, in breach of Article L.1242-1 of the French Labour Code.

The financial consequences are significant:

  • Reclassification into a CDI, with reconstitution of seniority from the first contract;
  • A reclassification indemnity at least equal to one month’s salary, as provided for by the Labour Code;
  • Where applicable, termination indemnities if the relationship is subsequently reclassified as a dismissal without genuine and serious cause.

A mapping of your use of CDDs and an audit of the positions concerned help prevent this risk. DAIRIA Avocats acts to secure your practices and to document the applicable exceptions.

Best Practices to Secure Successive Use of Fixed-Term Contracts

To make your management of CDDs reliable and protect yourself against reclassification, several reflexes are essential:

  • Check the applicable industry agreement: it may set a specific waiting period or provide for additional exceptions that prevail over the default rules.
  • Document the grounds for each CDD in the written contract, in accordance with the requirements of the Labour Code.
  • Keep supporting evidence for the exceptions: proof of the absence of the replaced employee, refusal to renew, seasonal nature of the employment.
  • Track the organisation of positions in order to demonstrate, where applicable, that a new CDD relates to a distinct position.
  • Conduct periodic audits of successive CDDs to identify positions exposed to a risk of reclassification.

A clear internal procedure, shared between HR and operational managers, considerably reduces litigation.

Frequently Asked Questions

Does the waiting period apply when the employee changes but the position stays the same?

Yes. The waiting period is assessed with regard to the position, not the employee. If your company concludes a new CDD for the same position, the waiting period is in principle due, even with a different employee, unless one of the exceptions of Article L.1244-4-1 of the French Labour Code applies.

Is a waiting period required between two replacement CDDs?

No, where the new CDD is intended to replace an absent employee or an employee whose contract is suspended. Replacement is one of the express exceptions to the waiting period. Each contract must nonetheless precisely state the name and qualification of the replaced employee.

How is the waiting period calculated in the absence of an industry agreement?

Absent an agreement, Article L.1244-3-1 of the French Labour Code provides for a period equal to one third of the duration of the expired contract (renewal included) if that contract was at least 14 days, or to one half of that duration if it was less than 14 days. The count is made in days on which the company is open for business.

Does an employee who refuses renewal give rise to an exemption from the waiting period?

Yes. The employee’s refusal to renew makes it possible to conclude a new CDD for the same position without observing the waiting period, for the duration of the non-renewed contract. It is essential to keep written proof of this refusal to justify the exception.

Can a collective bargaining agreement modify the waiting period?

Yes. An extended collective bargaining or industry-wide agreement may set the rules for calculating the waiting period and, where applicable, determine cases of exemption. These contractual provisions prevail over the default rules of the Labour Code. Always check your industry agreement before any successive use of CDDs.

Secure Your Use of Fixed-Term Contracts with DAIRIA Avocats

Managing successive CDDs and applying the exceptions to the waiting period represents a high-risk area of litigation for mid-sized companies. An error of assessment regarding the notion of the “same position” or the grounds for use can lead to a costly reclassification.

DAIRIA Avocats assists HR directors and executives in auditing their practices, drafting secure fixed-term contracts, and building compliant internal procedures. Our involvement is aimed at documenting each exception and making your choices regarding the use of CDDs provable in the event of an inspection or an employment tribunal dispute.

Contact the firm for a compliance audit of your use of fixed-term contracts.

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