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article-ACFg1E_1
article-ACFg1E
1
e3d44e5eae21cfa2
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Vous êtes employeur" ]
Tout accident du travail doit faire l’objet d’une déclaration auprès de la caisse primaire d’assurance maladie (CPAM) ou de la mutualité sociale agricole (MSA) dans les 48 heures après que vous ayez eu connaissance de l’accident du travail via le site net-entreprises. fr.Si l’accident du travail concerne un intérimaire mis à disposition au sein de votre entreprise, il vous appartient d’informer l’entreprise de travail temporaire de la survenance de l’accident, par la transmission du formulaire spécifique qui lui permettra de réaliser la déclaration d’accident du travail. Vous devez également informer le service prévention de la caisse régionale (Carsat, Cramif, CGSS) ainsi que les services de l’inspection du travail.En cas d’accident du travail, des mesures de prévention immédiate doivent être prises pour éviter le suraccident (par exemple, suspendre l’utilisation d’un équipement, interdire l’accès à une zone de travail) et une réflexion de fond doit être engagée pour identifier les causes et mettre en place des actions correctrices pour éviter la réitération.Le comité social et économique (CSE) réalise des enquêtes en matière d’accident du travail ou de maladie professionnelle ou à caractère professionnel. L’employeur a l’obligation d’informer le CSE de la survenance d’un accident grave et de le réunir dans les entreprises d’au moins 50 salariés.Pour vous aider dans cette démarche, l’INRS propose un outil pédagogique « Agir suite à un AT ».En cas de survenue d’un accident du
Que faire à la suite d’un accident du travail ? Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail. Tout accident du travail doit faire l’objet d’une déclaration auprès de la caisse primaire d’assurance maladie (CPAM) ou de la mutualité sociale agricole (MSA) dans les 48 heures après que vous ayez eu connaissance de l’accident du travail via le site net-entreprises. fr.Si l’accident du travail concerne un intérimaire mis à disposition au sein de votre entreprise, il vous appartient d’informer l’entreprise de travail temporaire de la survenance de l’accident, par la transmission du formulaire spécifique qui lui permettra de réaliser la déclaration d’accident du travail. Vous devez également informer le service prévention de la caisse régionale (Carsat, Cramif, CGSS) ainsi que les services de l’inspection du travail.En cas d’accident du travail, des mesures de prévention immédiate doivent être prises pour éviter le suraccident (par exemple, suspendre l’utilisation d’un équipement, interdire l’accès à une zone de travail) et une réflexion de fond doit être engagée pour identifier les causes et mettre en place des actions correctrices pour éviter la réitération.Le comité social et économique (CSE) réalise des enquêtes en matière d’accident du travail ou de maladie professionnelle ou à caractère professionnel. L’employeur a l’obligation d’informer le CSE de la survenance d’un accident grave et de le réunir dans les entreprises d’au moins 50 salariés.Pour vous aider dans cette démarche, l’INRS propose un outil pédagogique « Agir suite à un AT ».En cas de survenue d’un accident du
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article-ACFg1E_2
article-ACFg1E
2
a17cb2ad11b537b6
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Vous êtes employeur" ]
d’un accident du travail mortel dans votre entreprise, ce guide de l’Assurance Maladie – Risques professionnels rappelle les démarches à mettre en œuvre. L’employeur est notamment tenu, depuis juin 2023, d’informer l’inspecteur du travail compétent pour le lieu de survenance de l’accident dans les douze heures. L’article R. 4121-5 du code du travail précise les informations à transmettre à l’inspecteur du travail dans cette situation.La survenance d’un accident du travail grave ou mortel dans l’entreprise peut avoir des conséquences sur le collectif de travail et la santé des salariés, dont certains peuvent avoir été témoins de l’accident. Il est fortement recommandé de prendre contact très rapidement avec le médecin du travail afin d’évoquer avec ce dernier, les mesures d’urgence à prendre vis-à-vis des collègues ou témoins de l’accident (accompagnement du service de prévention et de santé au travail, recours à une cellule d’écoute psychologique...).
Que faire à la suite d’un accident du travail ? Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail. d’un accident du travail mortel dans votre entreprise, ce guide de l’Assurance Maladie – Risques professionnels rappelle les démarches à mettre en œuvre. L’employeur est notamment tenu, depuis juin 2023, d’informer l’inspecteur du travail compétent pour le lieu de survenance de l’accident dans les douze heures. L’article R. 4121-5 du code du travail précise les informations à transmettre à l’inspecteur du travail dans cette situation.La survenance d’un accident du travail grave ou mortel dans l’entreprise peut avoir des conséquences sur le collectif de travail et la santé des salariés, dont certains peuvent avoir été témoins de l’accident. Il est fortement recommandé de prendre contact très rapidement avec le médecin du travail afin d’évoquer avec ce dernier, les mesures d’urgence à prendre vis-à-vis des collègues ou témoins de l’accident (accompagnement du service de prévention et de santé au travail, recours à une cellule d’écoute psychologique...).
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article-ACFg1E_3
article-ACFg1E
3
f90214229eb0a644
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Vous êtes victime ou membre de la famille d’une victime" ]
Ce guide vise à accompagner les victimes d’accidents du travail et leurs familles dans leurs démarches en vue de faire valoir leurs droits. Composé de 10 fiches, ce guide vous aidera notamment à identifier les interlocuteurs pouvant être mobilisés, selon votre situation (arrêt de travail, inaptitude, démarches judiciaires, démarches suite au décès d’un salarié...).Si l’employeur n’a pas transmis de déclaration d’accident du travail à la CPAM ou à la MSA (régime agricole), le salarié ou ses ayants droit peuvent réaliser cette déclaration dans un délai de deux ans suivant l’accident. Pour vous aider dans les démarches à effectuer pour la reconnaissance d’un accident du travail, voir le site Service-public. gouv. fr.En cas de décès d’un proche au travail, l’Assurance maladie – Risques professionnels vous accompagne dans vos démarches. Vous trouverez toutes les informations sur Accident de travail : Décès d’un salarié | ameli. fr | Entreprise.L’indemnisation de l’accident du travailUn accident du travail peut faire l’objet de plusieurs dispositifs d’indemnisation :Prise en charge des soins et arrêt(s) de travailIndemnisation des séquelles permanentes (réparation forfaitaire)Indemnisation complémentaire en cas de « faute inexcusable » de l’employeurIndemnisation en cas de licenciementPour plus d’information, consultez Accident du travail : vos indemnités journalières | ameli. fr | Assuré
Que faire à la suite d’un accident du travail ? Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail. Ce guide vise à accompagner les victimes d’accidents du travail et leurs familles dans leurs démarches en vue de faire valoir leurs droits. Composé de 10 fiches, ce guide vous aidera notamment à identifier les interlocuteurs pouvant être mobilisés, selon votre situation (arrêt de travail, inaptitude, démarches judiciaires, démarches suite au décès d’un salarié...).Si l’employeur n’a pas transmis de déclaration d’accident du travail à la CPAM ou à la MSA (régime agricole), le salarié ou ses ayants droit peuvent réaliser cette déclaration dans un délai de deux ans suivant l’accident. Pour vous aider dans les démarches à effectuer pour la reconnaissance d’un accident du travail, voir le site Service-public. gouv. fr.En cas de décès d’un proche au travail, l’Assurance maladie – Risques professionnels vous accompagne dans vos démarches. Vous trouverez toutes les informations sur Accident de travail : Décès d’un salarié | ameli. fr | Entreprise.L’indemnisation de l’accident du travailUn accident du travail peut faire l’objet de plusieurs dispositifs d’indemnisation :Prise en charge des soins et arrêt(s) de travailIndemnisation des séquelles permanentes (réparation forfaitaire)Indemnisation complémentaire en cas de « faute inexcusable » de l’employeurIndemnisation en cas de licenciementPour plus d’information, consultez Accident du travail : vos indemnités journalières | ameli. fr | Assuré
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article-ACFg1E_4
article-ACFg1E
4
fb0b71935b3a933b
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Le rôle du conseil social et économique (CSE)" ]
Suite à un accident du travail, le CSE, lorsqu’il existe dans l’entreprise, peut mener une enquête. Celle-ci est réalisée par une délégation comprenant l’employeur ou son représentant et un représentant du personnel siégeant à ce comité.L’enquête du CSE a pour objectif d’analyser les causes de l’accident et de proposer des mesures pour éviter qu’il ne se reproduise.
Que faire à la suite d’un accident du travail ? Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail. Suite à un accident du travail, le CSE, lorsqu’il existe dans l’entreprise, peut mener une enquête. Celle-ci est réalisée par une délégation comprenant l’employeur ou son représentant et un représentant du personnel siégeant à ce comité.L’enquête du CSE a pour objectif d’analyser les causes de l’accident et de proposer des mesures pour éviter qu’il ne se reproduise.
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article-ACFg1E_5
article-ACFg1E
5
97943739bdbfa715
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Le rôle de l’inspection du travail" ]
En cas d’accident du travail mortel, l’employeur a l’obligation d’informer l’inspection du travail. La victime d’un accident grave ou la famille d’un proche victime d’un accident mortel peut contacter l’inspection du travail.L’inspection du travail a pour mission d’informer les usagers sur leurs droits, notamment à la suite d’un accident du travail. Par ailleurs, en cas d’accident du travail grave ou mortel, les services de l’inspection du travail sont rapidement informés et se rendent sur place afin de mener une enquête. Si des infractions aux règles de sécurité prévues par le code du travail sont constatées, l’inspecteur du travail a la possibilité d’en informer le procureur de la République par un procès-verbal.Le procès-verbal de l’inspection du travail est une pièce judiciaire et ne peut être transmis à la victime ou ses ayants-droit. Toutefois, vous avez la possibilité de demander le numéro d’enregistrement de la procédure afin de pouvoir vous constituer partie civile et avoir accès aux éléments du dossier pénal. Si le procureur de la République décide d’engager des poursuites, l’employeur responsable des infractions sera renvoyé devant une chambre correctionnelle. Il pourra alors être condamné et votre qualité de victime pourra être reconnue à cette occasion.Services en ligne Échanger avec le bon conseiller pour votre entreprise sur Conseillers Entreprise Service Public
Que faire à la suite d’un accident du travail ? Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail. En cas d’accident du travail mortel, l’employeur a l’obligation d’informer l’inspection du travail. La victime d’un accident grave ou la famille d’un proche victime d’un accident mortel peut contacter l’inspection du travail.L’inspection du travail a pour mission d’informer les usagers sur leurs droits, notamment à la suite d’un accident du travail. Par ailleurs, en cas d’accident du travail grave ou mortel, les services de l’inspection du travail sont rapidement informés et se rendent sur place afin de mener une enquête. Si des infractions aux règles de sécurité prévues par le code du travail sont constatées, l’inspecteur du travail a la possibilité d’en informer le procureur de la République par un procès-verbal.Le procès-verbal de l’inspection du travail est une pièce judiciaire et ne peut être transmis à la victime ou ses ayants-droit. Toutefois, vous avez la possibilité de demander le numéro d’enregistrement de la procédure afin de pouvoir vous constituer partie civile et avoir accès aux éléments du dossier pénal. Si le procureur de la République décide d’engager des poursuites, l’employeur responsable des infractions sera renvoyé devant une chambre correctionnelle. Il pourra alors être condamné et votre qualité de victime pourra être reconnue à cette occasion.Services en ligne Échanger avec le bon conseiller pour votre entreprise sur Conseillers Entreprise Service Public
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article-ACFg1E_6
article-ACFg1E
6
232b532c1b40a167
Que faire à la suite d’un accident du travail ?
Travail-Emploi
travail-emploi
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
09/10/2024
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
[ "Services en ligne" ]
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article100976_1
article100976
1
2dbffe7183ee7ff6
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de
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article100976_2
article100976
2
36214c7c64bcb530
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel
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article100976_3
article100976
3
557510d3ebbace32
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte, lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte, lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le
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article100976_4
article100976
4
138aba3b136b146c
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une
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article100976_5
article100976
5
fa5c09052995434d
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine. Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine. Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail
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article100976_6
article100976
6
d3235f4db6172adc
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent
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article100976_7
article100976
7
2724694ad40e3907
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que
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article100976_8
article100976
8
5ece1f46cab1b959
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail, aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté.
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail, aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté.
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article100976_9
article100976
9
561e310ef671d952
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en contrôler l'exécution et de sanctionner les manquements. Enfin,
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en contrôler l'exécution et de sanctionner les manquements. Enfin,
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article100976_10
article100976
10
b26f468722e5d3df
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit
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article100976_11
article100976
11
e5142074b2b4760b
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
:Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Vérifier sur le site du Code du travail numérique si votre convention
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . :Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Vérifier sur le site du Code du travail numérique si votre convention
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article100976_12
article100976
12
82b84c55b863e636
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
si votre convention collective impose que le CDI soit écrit et signéToutefois, si le contrat reste verbal, l'employeur a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . si votre convention collective impose que le CDI soit écrit et signéToutefois, si le contrat reste verbal, l'employeur a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de
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article100976_13
article100976
13
d038ddf566ae4f6a
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. A défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 3 864 euros depuis le 1er janvier 2024) pour une activité équivalant à un temps plein. Les dispositions applicables au
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . ;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. A défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 3 864 euros depuis le 1er janvier 2024) pour une activité équivalant à un temps plein. Les dispositions applicables au
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article100976_14
article100976
14
1e34fe3b5aa39cb8
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans
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article100976_15
article100976
15
f028e771bf627ad4
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses
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article100976_16
article100976
16
edc3177a760c59e0
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du code du travail. Au terme de la période de suspension, le salarié doit
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du code du travail. Au terme de la période de suspension, le salarié doit
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article100976_17
article100976
17
ab7858290bb4bc0c
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé de maternité, accidents du travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Services en ligne Est-il obligatoire d'avoir un contrat de travail écrit et signé ? Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicÀ lire sur ce site Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partiel : définition et mise en place Le salarié à temps partiel est celui dont la durée
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé de maternité, accidents du travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Services en ligne Est-il obligatoire d'avoir un contrat de travail écrit et signé ? Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicÀ lire sur ce site Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partiel : définition et mise en place Le salarié à temps partiel est celui dont la durée
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article100976_18
article100976
18
2d17a89ce3a59093
Le contrat de travail : les principales caractéristiques
Travail-Emploi
travail-emploi
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
[ "Le contrat de travail : les principales caractéristiques" ]
celui dont la durée du travail, obligatoirement mentionnée dans son contrat de travail, est... Fiche pratique Date de mise à jour le 18 novembre 2025 Le contrat de travail intermittent Le travail intermittent se caractérise par l’alternance de périodes travaillées et de périodes non travaillées. Il doit être... Fiche pratique Date de mise à jour le 16 avril 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son... Fiche pratique Date de mise à jour le 25 septembre 2025 Le règlement intérieur Obligatoirement établi dans les entreprises ou établissements employant habituellement au moins 50 salariés, le règlement... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. gouv. fr Modification du contrat de travail d'un salariéLe contrat de travail est-il obligatoirement écrit ?
Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur . celui dont la durée du travail, obligatoirement mentionnée dans son contrat de travail, est... Fiche pratique Date de mise à jour le 18 novembre 2025 Le contrat de travail intermittent Le travail intermittent se caractérise par l’alternance de périodes travaillées et de périodes non travaillées. Il doit être... Fiche pratique Date de mise à jour le 16 avril 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son... Fiche pratique Date de mise à jour le 25 septembre 2025 Le règlement intérieur Obligatoirement établi dans les entreprises ou établissements employant habituellement au moins 50 salariés, le règlement... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. gouv. fr Modification du contrat de travail d'un salariéLe contrat de travail est-il obligatoirement écrit ?
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article100977_1
article100977
1
99c657a7bc5832fd
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "La période d'essai" ]
À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée.
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée.
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article100977_2
article100977
2
3dc9c91206c13e1d
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelles sont les conditions pour qu’il existe une période d’essai ?" ]
La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents.
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents.
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article100977_3
article100977
3
b95bd6a7d3738439
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelle est la durée de la période d’essai ?" ]
Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.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 » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.Vérifier ce que prévoit votre convention collective sur le renouvellement de la période d'essai sur le site du Code du travail numériqueLa durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.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 » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.Vérifier ce que prévoit votre convention collective sur le renouvellement de la période d'essai sur le site du Code du travail numériqueLa durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées
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article100977_4
article100977
4
56a3e5689038a3b7
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelle est la durée de la période d’essai ?" ]
telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il
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article100977_5
article100977
5
fd0d152267744ea9
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelle est la durée de la période d’essai ?" ]
on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de
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article100977_6
article100977
6
6d7d5a6be191e508
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelle est la durée de la période d’essai ?" ]
au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail.Embauche après un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail.Embauche après un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux
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article100977_7
article100977
7
20be41ec0f32acb6
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Quelle est la durée de la période d’essai ?" ]
également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage...
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage...
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article100977_8
article100977
8
d38b56054563ca5d
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "La période d’essai peut-elle être rompue ?" ]
Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du 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 (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du 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 (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un
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article100977_9
article100977
9
1246d35d747b6ade
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "La période d’essai peut-elle être rompue ?" ]
CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur
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article100977_10
article100977
10
adb800dca03de667
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "La période d’essai peut-elle être rompue ?" ]
apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation
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article100977_11
article100977
11
c72d4524f7a2075d
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "La période d’essai peut-elle être rompue ?" ]
de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 21 octobre 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025À lire sur service-public. gouv. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 21 octobre 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025À lire sur service-public. gouv. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
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article100977_12
article100977
12
d4c68ae2cee66e2c
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
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Inspection du travailReprésentants du personnel
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Inspection du travailReprésentants du personnel
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article100977_13
article100977
13
02f5a77da3800dc9
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Textes de référence" ]
Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail
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article100977_14
article100977
14
e2faf0cc6e5345d7
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
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Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)
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article100977_15
article100977
15
4114e71736f1701d
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "Modèles de documents" ]
Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)
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article100977_16
article100977
16
7d712c66392c0b00
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
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Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 21 octobre 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 21 octobre 2025 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... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025
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article100977_17
article100977
17
34b882b2e1a84505
La période d'essai
Travail-Emploi
travail-emploi
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
25/09/2025
https://travail-emploi.gouv.fr/la-periode-dessai
[ "À lire sur service-public. gouv. fr" ]
Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché. Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
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article100979_1
article100979
1
8575283111a7a1a8
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD)" ]
À savoir ! Lorsqu’il est conclu en dehors du cadre légal, le contrat de travail à durée déterminée peut être requalifié en contrat de travail à durée indéterminée.
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 savoir ! Lorsqu’il est conclu en dehors du cadre légal, le contrat de travail à durée déterminée peut être requalifié en contrat de travail à durée indéterminée.
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article100979_2
article100979
2
57bbc0b3f3b8d2db
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
La conclusion du contrat à durée déterminéeLire la retranscription textuelle La précarité au travail impacte fortement les conditions d’emploi et de vie des travailleurs. Les travailleurs recrutés en CDD peuvent être victimes d’un traitement différent voire discriminatoire par rapport aux salariés en CDI. Sur le plan de la santé et de la sécurité, les travailleurs précaires constituent une population plus exposée que d’autres travailleurs aux risques professionnels et aux accidents du travail. Le recours aux CDD est en conséquence strictement encadré. Quels sont les cas de recours autorisés et quelles formes ce type de contrat doit-il respecter ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les règles relatives à la conclusion du contrat à durée déterminée, un épisode d'une série consacrée au droit du travail. Le CDI est la forme générale et permanente du contrat de travail. À l'inverse, le CDD est un contrat d'exception. Pour être valable, il doit satisfaire aux deux conditions prévues par l’article L. 1242-1 du code du travail : d'une part, avoir été conclu pour l'exécution d'une tâche précise et temporaire et d'autre part, ne pas avoir, quel que soit son motif, ni pour objet ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Il n'est par ailleurs possible d'y avoir recours que dans des cas limités. Nous les examinerons dans une première partie. Dérogatoire au droit commun
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 conclusion du contrat à durée déterminéeLire la retranscription textuelle La précarité au travail impacte fortement les conditions d’emploi et de vie des travailleurs. Les travailleurs recrutés en CDD peuvent être victimes d’un traitement différent voire discriminatoire par rapport aux salariés en CDI. Sur le plan de la santé et de la sécurité, les travailleurs précaires constituent une population plus exposée que d’autres travailleurs aux risques professionnels et aux accidents du travail. Le recours aux CDD est en conséquence strictement encadré. Quels sont les cas de recours autorisés et quelles formes ce type de contrat doit-il respecter ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter les règles relatives à la conclusion du contrat à durée déterminée, un épisode d'une série consacrée au droit du travail. Le CDI est la forme générale et permanente du contrat de travail. À l'inverse, le CDD est un contrat d'exception. Pour être valable, il doit satisfaire aux deux conditions prévues par l’article L. 1242-1 du code du travail : d'une part, avoir été conclu pour l'exécution d'une tâche précise et temporaire et d'autre part, ne pas avoir, quel que soit son motif, ni pour objet ni pour effet, de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Il n'est par ailleurs possible d'y avoir recours que dans des cas limités. Nous les examinerons dans une première partie. Dérogatoire au droit commun
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article100979_3
article100979
3
64748c819de3ee69
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
au droit commun et provisoire par nature, le CDD est soumis à un régime juridique que nous aborderons dans une seconde partie. Nous conclurons avec le contentieux relatif au non respect des règles qui encadrent le CDD. Le code du travail énumère de manière limitative les cas de recours au CDD. Il vise ainsi précisément le remplacement du salarié absent, l'accroissement temporaire d'activité, l'exécution de travaux temporaires par nature. À côté de ces trois cas de recours, la loi prévoit aussi la possibilité d’user des CDD pour certains contrats liés à la politique de l’emploi. Commençons par le recours au CDD en vue d’un remplacement. Ce cas de recours recouvre des situations très diverses. Il peut d’abord s’agir de faire face à une absence ou toute suspension du contrat de travail d’un salarié. Le CDD conclu en vue du remplacement d'un salarié absent est la situation la plus courante s'agissant de ce premier motif de recours. Il s'agit bien évidemment de pallier une absence temporaire. Pallier à une demande de passage à temps partiel provisoire d'un salarié ou opérer un relais entre le départ définitif d'un salarié et l'entrée en service du nouveau titulaire du poste, peuvent également justifier de recourir au CDD pour remplacement. Second motif de recours au CDD, l'accroissement temporaire d'activité. L'employeur peut, dans ce cadre, embaucher un salarié pour faire face à une augmentation temporaire de l'activité habituelle de l'entreprise. Cette hypothèse recouvre
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 droit commun et provisoire par nature, le CDD est soumis à un régime juridique que nous aborderons dans une seconde partie. Nous conclurons avec le contentieux relatif au non respect des règles qui encadrent le CDD. Le code du travail énumère de manière limitative les cas de recours au CDD. Il vise ainsi précisément le remplacement du salarié absent, l'accroissement temporaire d'activité, l'exécution de travaux temporaires par nature. À côté de ces trois cas de recours, la loi prévoit aussi la possibilité d’user des CDD pour certains contrats liés à la politique de l’emploi. Commençons par le recours au CDD en vue d’un remplacement. Ce cas de recours recouvre des situations très diverses. Il peut d’abord s’agir de faire face à une absence ou toute suspension du contrat de travail d’un salarié. Le CDD conclu en vue du remplacement d'un salarié absent est la situation la plus courante s'agissant de ce premier motif de recours. Il s'agit bien évidemment de pallier une absence temporaire. Pallier à une demande de passage à temps partiel provisoire d'un salarié ou opérer un relais entre le départ définitif d'un salarié et l'entrée en service du nouveau titulaire du poste, peuvent également justifier de recourir au CDD pour remplacement. Second motif de recours au CDD, l'accroissement temporaire d'activité. L'employeur peut, dans ce cadre, embaucher un salarié pour faire face à une augmentation temporaire de l'activité habituelle de l'entreprise. Cette hypothèse recouvre
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article100979_4
article100979
4
47b3b32a725d0fcb
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
hypothèse recouvre d'abord une commande exceptionnelle nécessitant des moyens exceptionnels, une tâche occasionnelle et non durable, ne relevant pas de l'activité habituelle et principale de l'entreprise, est aussi reconnue comme pouvant justifier le recours au CDD. Les travaux urgents, dont l'exécution est nécessaire pour prévenir des accidents imminents ou organiser des mesures de sauvetage, entrent de la même façon dans le champ d'application de l'accroissement temporaire d'activité. En dehors de ces circonstances, la définition de l'accroissement temporaire d'activité autorise la conclusion d'un CDD en cas de variation cyclique de l'activité d'une entreprise, dès lors que cette variation est temporaire. Les travaux temporaires par nature, troisième motif de recours au CDD autorisé, visent en premier lieu les contrats saisonniers. La notion d'emploi à caractère saisonnier a d'abord été définie par l'administration et par la Cour de cassation. Ce type de contrat devait être conclu pour des périodes coïncidant avec une partie ou l'intégralité de plusieurs saisons. La loi dite Travail du 8 août 2016 est venue préciser qu'il s'agit des emplois 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. Les travaux temporaires, par nature, recouvrent également des contrats temporaires d'usage. Ces contrats concernent des secteurs limitativement énumérés par décret, accord
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 . hypothèse recouvre d'abord une commande exceptionnelle nécessitant des moyens exceptionnels, une tâche occasionnelle et non durable, ne relevant pas de l'activité habituelle et principale de l'entreprise, est aussi reconnue comme pouvant justifier le recours au CDD. Les travaux urgents, dont l'exécution est nécessaire pour prévenir des accidents imminents ou organiser des mesures de sauvetage, entrent de la même façon dans le champ d'application de l'accroissement temporaire d'activité. En dehors de ces circonstances, la définition de l'accroissement temporaire d'activité autorise la conclusion d'un CDD en cas de variation cyclique de l'activité d'une entreprise, dès lors que cette variation est temporaire. Les travaux temporaires par nature, troisième motif de recours au CDD autorisé, visent en premier lieu les contrats saisonniers. La notion d'emploi à caractère saisonnier a d'abord été définie par l'administration et par la Cour de cassation. Ce type de contrat devait être conclu pour des périodes coïncidant avec une partie ou l'intégralité de plusieurs saisons. La loi dite Travail du 8 août 2016 est venue préciser qu'il s'agit des emplois 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. Les travaux temporaires, par nature, recouvrent également des contrats temporaires d'usage. Ces contrats concernent des secteurs limitativement énumérés par décret, accord
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article100979_5
article100979
5
0289f57a0a44253b
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
par décret, accord collectif ou usage constant. Ainsi, sont par exemple concernés par la possibilité d'une embauche en CDD, certains emplois de l'hôtellerie, de la restauration, le spectacle, les exploitations forestières ou bien encore le tourisme. Des CDD peuvent enfin être conclus. Lorsqu'ils sont conclus au titre de dispositions législatives et réglementaires destinées à favoriser l'embauche de certaines catégories de personnes sans emploi, on parlera dans ce cas de contrats aidés ou lorsque l'employeur s'engage pour une durée et dans les conditions fixées réglementairement, à assurer un complément de formation professionnelle aux salariés. Je vous propose maintenant un zoom sur les cas où le recours aux CDD est interdit. Outre le principe d'interdiction générale de recourir au CDD pour pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise qu'Honorine a mentionné précédemment, les articles L. 1242-5 et 6 du code du travail ont prévu trois types spécifiques d’interdictions. D'abord, en aucun cas, il ne peut être conclu un CDD pour remplacer un salarié dont le contrat de travail est suspendu par suite d'un conflit collectif, sous peine de sanctions civiles et pénales. Il est également interdit de conclure un CDD pour effectuer des travaux particulièrement dangereux, figurant sur une liste établie par arrêté ministériel. Le non-respect de cette interdiction peut, de la même façon que pour le remplacement d'un salarié gréviste, entraîner des
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 décret, accord collectif ou usage constant. Ainsi, sont par exemple concernés par la possibilité d'une embauche en CDD, certains emplois de l'hôtellerie, de la restauration, le spectacle, les exploitations forestières ou bien encore le tourisme. Des CDD peuvent enfin être conclus. Lorsqu'ils sont conclus au titre de dispositions législatives et réglementaires destinées à favoriser l'embauche de certaines catégories de personnes sans emploi, on parlera dans ce cas de contrats aidés ou lorsque l'employeur s'engage pour une durée et dans les conditions fixées réglementairement, à assurer un complément de formation professionnelle aux salariés. Je vous propose maintenant un zoom sur les cas où le recours aux CDD est interdit. Outre le principe d'interdiction générale de recourir au CDD pour pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise qu'Honorine a mentionné précédemment, les articles L. 1242-5 et 6 du code du travail ont prévu trois types spécifiques d’interdictions. D'abord, en aucun cas, il ne peut être conclu un CDD pour remplacer un salarié dont le contrat de travail est suspendu par suite d'un conflit collectif, sous peine de sanctions civiles et pénales. Il est également interdit de conclure un CDD pour effectuer des travaux particulièrement dangereux, figurant sur une liste établie par arrêté ministériel. Le non-respect de cette interdiction peut, de la même façon que pour le remplacement d'un salarié gréviste, entraîner des
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article100979_6
article100979
6
6f97b6e09981fe37
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
entraîner des sanctions civiles et pénales. Cette interdiction concerne principalement des travaux exposant à des agents chimiques dangereux. Une dérogation à cette interdiction est possible dans certaines conditions. Indépendamment du formalisme de cette demande de dérogation à l'inspection du travail, l'employeur doit surtout offrir aux salariés qu’il souhaite embaucher en CDD des garanties suffisantes qui permettent l'exécution des travaux en toute sécurité. Enfin, il est interdit de recourir au CDD dans les six mois qui suivent la notification d'un licenciement économique. Cette interdiction s'applique au niveau de l'établissement. Les postes auxquels s'appliquent cette interdiction sont ceux concernés par le licenciement économique. Le recours au CDD pour d'autres postes reste donc possible. Cette dernière interdiction n'est applicable que si la conclusion du CDD est motivée par un accroissement temporaire d'activité. Il est donc possible d'avoir recours au CDD, même à la suite d'un licenciement, pour motif économique, pour remplacer un salarié absent ou exécuter des travaux temporaires par nature. Il est également possible de conclure un contrat saisonnier ou un contrat temporaire d'usage. Abordons maintenant le régime juridique du CDD et plus spécifiquement le formalisme de ce contrat, nous l'avons vu, dérogatoire au droit commun. Le CDD doit être écrit, à défaut, il est réputé avoir été conclu pour une durée indéterminée. La rédaction obligatoire d'un écrit vaut tant
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 . entraîner des sanctions civiles et pénales. Cette interdiction concerne principalement des travaux exposant à des agents chimiques dangereux. Une dérogation à cette interdiction est possible dans certaines conditions. Indépendamment du formalisme de cette demande de dérogation à l'inspection du travail, l'employeur doit surtout offrir aux salariés qu’il souhaite embaucher en CDD des garanties suffisantes qui permettent l'exécution des travaux en toute sécurité. Enfin, il est interdit de recourir au CDD dans les six mois qui suivent la notification d'un licenciement économique. Cette interdiction s'applique au niveau de l'établissement. Les postes auxquels s'appliquent cette interdiction sont ceux concernés par le licenciement économique. Le recours au CDD pour d'autres postes reste donc possible. Cette dernière interdiction n'est applicable que si la conclusion du CDD est motivée par un accroissement temporaire d'activité. Il est donc possible d'avoir recours au CDD, même à la suite d'un licenciement, pour motif économique, pour remplacer un salarié absent ou exécuter des travaux temporaires par nature. Il est également possible de conclure un contrat saisonnier ou un contrat temporaire d'usage. Abordons maintenant le régime juridique du CDD et plus spécifiquement le formalisme de ce contrat, nous l'avons vu, dérogatoire au droit commun. Le CDD doit être écrit, à défaut, il est réputé avoir été conclu pour une durée indéterminée. La rédaction obligatoire d'un écrit vaut tant
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article100979_7
article100979
7
c32d69dbb722e048
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
écrit vaut tant pour le contrat initial que pour les contrats successifs identiques et en cas de renouvellement. La requalification en CDI du CDD non écrit est la conséquence d'une présomption irréfragable qui empêche l'employeur d'apporter la preuve de l'existence d'un contrat verbal conclu pour une durée déterminée. Si le contrat à durée déterminée se trouve au cours de son exécution, modifié dans un de ses éléments substantiels, salaires ou qualifications par exemple, la modification doit elle aussi faire l'objet d'un avenant écrit au contrat initial. S'agissant toujours du formalisme strict du CDD, la signature de celui-ci est d'ordre public. Son omission peut elle aussi entraîner la requalification en CDI. Cette obligation s'impose tant au salarié qu'à l'employeur. Le code du travail énumère les clauses obligatoires spécifiques au CDD. Celles-ci varient suivant le motif de recours et la nature du terme du contrat. La mention relative à la définition précise du motif du recours au CDD est, parmi toutes les mentions obligatoires, de loin la plus importante. En effet, l'absence, l'imprécision ou l'inexactitude du motif du recours entraîne la requalification automatique en CDI. Parmi les clauses obligatoires, nous pouvons citer, outre le motif du recours, l'identité des parties, la durée du contrat, la période d'essai éventuelle, le poste de travail, la rémunération ou bien encore le lieu de travail. Le CDD, une fois rédigé, doit être transmis au salarié au plus tard dans
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 . écrit vaut tant pour le contrat initial que pour les contrats successifs identiques et en cas de renouvellement. La requalification en CDI du CDD non écrit est la conséquence d'une présomption irréfragable qui empêche l'employeur d'apporter la preuve de l'existence d'un contrat verbal conclu pour une durée déterminée. Si le contrat à durée déterminée se trouve au cours de son exécution, modifié dans un de ses éléments substantiels, salaires ou qualifications par exemple, la modification doit elle aussi faire l'objet d'un avenant écrit au contrat initial. S'agissant toujours du formalisme strict du CDD, la signature de celui-ci est d'ordre public. Son omission peut elle aussi entraîner la requalification en CDI. Cette obligation s'impose tant au salarié qu'à l'employeur. Le code du travail énumère les clauses obligatoires spécifiques au CDD. Celles-ci varient suivant le motif de recours et la nature du terme du contrat. La mention relative à la définition précise du motif du recours au CDD est, parmi toutes les mentions obligatoires, de loin la plus importante. En effet, l'absence, l'imprécision ou l'inexactitude du motif du recours entraîne la requalification automatique en CDI. Parmi les clauses obligatoires, nous pouvons citer, outre le motif du recours, l'identité des parties, la durée du contrat, la période d'essai éventuelle, le poste de travail, la rémunération ou bien encore le lieu de travail. Le CDD, une fois rédigé, doit être transmis au salarié au plus tard dans
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article100979_8
article100979
8
d349c8664f5672fb
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
au plus tard dans les deux jours ouvrables suivant l'embauche, autrement, à compter de la date de prise de fonction effective. Le non respect des dispositions relatives à la conclusion du CDD est susceptible d'être sanctionné. Débutons par les sanctions civiles. La méconnaissance d'un certain nombre de règles régissant le CDD, nous l'avons vu, expose l'employeur à voir ce contrat être requalifié en CDI par le juge prud'homal au terme d'une procédure accélérée. Sont concernées les règles relatives aux motifs de recours, d'une part, et celles au formalisme du contrat, d'autre part. Sur le plan pénal, l'employeur s'expose à des poursuites devantles juridictions répressives s'il méconnaît les règles essentielles des CDD, comme les cas de recours, la durée, le renouvellement ou le terme du contrat. Le tribunal correctionnel peut prononcer une peine d'amende, voire d'emprisonnement en cas de récidive. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD est un contrat d'exception. Il n'est possible d'y avoir recours que pour des motifs précis limitativement énumérés. Ensuite, le CDD obéit à un formalisme strict. Et enfin, le non-respect des dispositions en matière de CDD expose l'employeur à des sanctions civiles ou pénales. 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
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 plus tard dans les deux jours ouvrables suivant l'embauche, autrement, à compter de la date de prise de fonction effective. Le non respect des dispositions relatives à la conclusion du CDD est susceptible d'être sanctionné. Débutons par les sanctions civiles. La méconnaissance d'un certain nombre de règles régissant le CDD, nous l'avons vu, expose l'employeur à voir ce contrat être requalifié en CDI par le juge prud'homal au terme d'une procédure accélérée. Sont concernées les règles relatives aux motifs de recours, d'une part, et celles au formalisme du contrat, d'autre part. Sur le plan pénal, l'employeur s'expose à des poursuites devantles juridictions répressives s'il méconnaît les règles essentielles des CDD, comme les cas de recours, la durée, le renouvellement ou le terme du contrat. Le tribunal correctionnel peut prononcer une peine d'amende, voire d'emprisonnement en cas de récidive. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD est un contrat d'exception. Il n'est possible d'y avoir recours que pour des motifs précis limitativement énumérés. Ensuite, le CDD obéit à un formalisme strict. Et enfin, le non-respect des dispositions en matière de CDD expose l'employeur à des sanctions civiles ou pénales. 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
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article100979_9
article100979
9
fa737ae262b364a6
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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.La rupture, l'échéance du terme et le renouvellementLire la retranscription textuelle Dans un précédent épisode, je vous ai présenté les règles sur la conclusion des contrats à durée déterminée, les CDD, mais quelles sont les dispositions relatives à la rupture anticipée, l'échéance du terme et le renouvellement de ces contrats ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter les règles relatives à la rupture anticipée, l'échéance du terme et le renouvellement du CDD, un épisode d'une série consacrée au droit du travail. Le CDD ne peut être rompu avant son échéance que dans quelques cas. Il existe des règles particulières applicables aux contrats conclus dans le cadre de la politique de l'emploi, comme par exemple le contrat unique d'insertion que nous n’examinerons pas. Examinons les quatre principaux cas dans lesquels le contrat peut être rompu avant le terme prévu. Premièrement, la rupture peut intervenir à 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 un jour par semaine, compte tenu de la durée totale du CDD, incluant, le cas échéant, son ou ses deux renouvellements. S'agissant d'un CDD, sans terme précis, le préavis sera fonction de la durée du contrat effectué. Dans
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 . 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.La rupture, l'échéance du terme et le renouvellementLire la retranscription textuelle Dans un précédent épisode, je vous ai présenté les règles sur la conclusion des contrats à durée déterminée, les CDD, mais quelles sont les dispositions relatives à la rupture anticipée, l'échéance du terme et le renouvellement de ces contrats ? C'est ce que nous allons voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter les règles relatives à la rupture anticipée, l'échéance du terme et le renouvellement du CDD, un épisode d'une série consacrée au droit du travail. Le CDD ne peut être rompu avant son échéance que dans quelques cas. Il existe des règles particulières applicables aux contrats conclus dans le cadre de la politique de l'emploi, comme par exemple le contrat unique d'insertion que nous n’examinerons pas. Examinons les quatre principaux cas dans lesquels le contrat peut être rompu avant le terme prévu. Premièrement, la rupture peut intervenir à 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 un jour par semaine, compte tenu de la durée totale du CDD, incluant, le cas échéant, son ou ses deux renouvellements. S'agissant d'un CDD, sans terme précis, le préavis sera fonction de la durée du contrat effectué. Dans
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article100979_10
article100979
10
84947e4a84c654f7
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
effectué. Dans tous les cas, le préavis ne peut excéder deux semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis dans certaines situations. Deuxièmement, la rupture anticipée peut intervenir en cas de force majeure, c'est-à-dire un événement exceptionnel et imprévisible et insurmontable, ce qui sera assez rare s'agissant de la rupture d'un CDD. Ainsi, des difficultés économiques ou financières rencontrées par l'entreprise ne pourront pas justifier d'une rupture du CDD avant terme. La jurisprudence est riche de situations qui n'ont pas été retenues comme cas de force majeure. Troisièmement, la rupture peut intervenir en cas d'inaptitude constatée par le médecin du travail. On peut noter que, selon un arrêt 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 ne doit pas donner lieu à une convocation à un entretien préalable. Quatrièmement, la rupture peut intervenir en cas de faute grave du salarié. S'il existe une faute grave ou lourde du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire. Concluons cette partie en relevant que la rupture anticipée d'un CDD à l'initiative du salarié ou de l'employeur, en dehors des cas prévus par la loi, ouvre droit à des dommages et intérêts correspondant au préjudice subi. Après nous être penchés sur les ruptures
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 . effectué. Dans tous les cas, le préavis ne peut excéder deux semaines. Toutefois, avec l'accord de l'employeur, le salarié peut être dispensé de préavis dans certaines situations. Deuxièmement, la rupture anticipée peut intervenir en cas de force majeure, c'est-à-dire un événement exceptionnel et imprévisible et insurmontable, ce qui sera assez rare s'agissant de la rupture d'un CDD. Ainsi, des difficultés économiques ou financières rencontrées par l'entreprise ne pourront pas justifier d'une rupture du CDD avant terme. La jurisprudence est riche de situations qui n'ont pas été retenues comme cas de force majeure. Troisièmement, la rupture peut intervenir en cas d'inaptitude constatée par le médecin du travail. On peut noter que, selon un arrêt 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 ne doit pas donner lieu à une convocation à un entretien préalable. Quatrièmement, la rupture peut intervenir en cas de faute grave du salarié. S'il existe une faute grave ou lourde du salarié, l'employeur qui souhaite mettre fin par anticipation au CDD doit respecter la procédure disciplinaire. Concluons cette partie en relevant que la rupture anticipée d'un CDD à l'initiative du salarié ou de l'employeur, en dehors des cas prévus par la loi, ouvre droit à des dommages et intérêts correspondant au préjudice subi. Après nous être penchés sur les ruptures
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article100979_11
article100979
11
215dbab309a6d030
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
sur les ruptures anticipées, faisons un zoom sur les dispositions relatives à l'échéance du terme. Le CDD cesse de plein droit à l'échéance du terme. La suspension du contrat de travail à durée déterminée ne fait pas obstacle à l'échéance du terme. En effet, lorsque le contrat est conclu pour remplacer un salarié temporairement absent, le terme initialement fixé peut être reporté jusqu'au surlendemain du jour où la personne remplacée reprend son emploi. On parle alors de contrat à durée déterminée à terme imprécis. Lorsqu'à l'issue d'un CDD, les relations contractuelles ne se poursuivent pas par un CDI, le salarié a droit, à titre de complément de salaire, à une indemnité de contrat destinée à compenser la précarité de sa situation. Cette indemnité est égale à 10% de la rémunération totale brute versée. Elle est versée à l'issue du contrat en même temps que le dernier salaire et figure sur le bulletin de salaire correspondant. En vue d'améliorer la formation professionnelle des salariés titulaires de CDD, un accord collectif peut également prévoir de limiter le montant de l'indemnité de fin de contrat à hauteur de 6%, dès lors que des contreparties sont offertes à ces salariés qui peuvent par exemple prendre la forme d'un accès privilégié à la formation professionnelle. L'accord peut ainsi prévoir les conditions dans lesquelles les salariés en CDD peuvent suivre, en dehors du temps de travail effectif un bilan de compétences. L'indemnité de fin de contrat n'est-elle 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 . sur les ruptures anticipées, faisons un zoom sur les dispositions relatives à l'échéance du terme. Le CDD cesse de plein droit à l'échéance du terme. La suspension du contrat de travail à durée déterminée ne fait pas obstacle à l'échéance du terme. En effet, lorsque le contrat est conclu pour remplacer un salarié temporairement absent, le terme initialement fixé peut être reporté jusqu'au surlendemain du jour où la personne remplacée reprend son emploi. On parle alors de contrat à durée déterminée à terme imprécis. Lorsqu'à l'issue d'un CDD, les relations contractuelles ne se poursuivent pas par un CDI, le salarié a droit, à titre de complément de salaire, à une indemnité de contrat destinée à compenser la précarité de sa situation. Cette indemnité est égale à 10% de la rémunération totale brute versée. Elle est versée à l'issue du contrat en même temps que le dernier salaire et figure sur le bulletin de salaire correspondant. En vue d'améliorer la formation professionnelle des salariés titulaires de CDD, un accord collectif peut également prévoir de limiter le montant de l'indemnité de fin de contrat à hauteur de 6%, dès lors que des contreparties sont offertes à ces salariés qui peuvent par exemple prendre la forme d'un accès privilégié à la formation professionnelle. L'accord peut ainsi prévoir les conditions dans lesquelles les salariés en CDD peuvent suivre, en dehors du temps de travail effectif un bilan de compétences. L'indemnité de fin de contrat n'est-elle pas due
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article100979_12
article100979
12
93e435f06fa6b019
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
n'est-elle pas due dans certains cas ? Premièrement, lorsque le contrat est conclu pour un salarié saisonnier. Deuxièmement, lorsque le contrat est conclu avec un jeune pour une période qui est comprise dans ses vacances scolaires ou universitaires. Troisièmement, lorsque le salarié refuse d'accepter la conclusion d'un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Enfin, quatrièmement, dans les cas de rupture anticipée du contrat à l'initiative du salarié en raison de sa faute grave ou en cas de force majeure. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du CDD, celui-ci devient un CDI. Le salarié conserve bien sûr l'ancienneté qu'il avait acquise au terme du CDD. Notons dans ce cas que la durée du CDD est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail. Lorsque l'employeur propose que la relation contractuelle de travail se poursuive sous la forme d'un CDI relevant de la même classification sans changement du lieu de travail, il notifie cette proposition par écrit au salarié et en cas de refus du salarié, l'employeur informe France Travail en justifiant du caractère similaire de l'emploi qu'il a proposé et qui a été refusé. Nous en arrivons maintenant à l'examen des règles relatives au renouvellement du CDD et à la succession de contrats. Un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Ce
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 . n'est-elle pas due dans certains cas ? Premièrement, lorsque le contrat est conclu pour un salarié saisonnier. Deuxièmement, lorsque le contrat est conclu avec un jeune pour une période qui est comprise dans ses vacances scolaires ou universitaires. Troisièmement, lorsque le salarié refuse d'accepter la conclusion d'un CDI pour occuper le même emploi ou un emploi similaire assorti d'une rémunération au moins équivalente. Enfin, quatrièmement, dans les cas de rupture anticipée du contrat à l'initiative du salarié en raison de sa faute grave ou en cas de force majeure. Lorsque la relation contractuelle de travail se poursuit après l'échéance du terme du CDD, celui-ci devient un CDI. Le salarié conserve bien sûr l'ancienneté qu'il avait acquise au terme du CDD. Notons dans ce cas que la durée du CDD est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail. Lorsque l'employeur propose que la relation contractuelle de travail se poursuive sous la forme d'un CDI relevant de la même classification sans changement du lieu de travail, il notifie cette proposition par écrit au salarié et en cas de refus du salarié, l'employeur informe France Travail en justifiant du caractère similaire de l'emploi qu'il a proposé et qui a été refusé. Nous en arrivons maintenant à l'examen des règles relatives au renouvellement du CDD et à la succession de contrats. Un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. Ce
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article100979_13
article100979
13
bed0efc7b3ae2aea
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
pour un CDD. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement à 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. À défaut de stipulation dans l'accord de branche étendu mentionné ci-dessus, le CDD est renouvelable deux fois pour une durée déterminée. Lorsqu'un CDD prend fin, il ne peut être recouru pour pourvoir le poste du salarié, ni à un autre CDD, ni à un contrat de travail temporaire avant l'expiration d'une période appelée « délai de carence ». Cette période est calculée en fonction de la durée du travail, incluant, le cas échéant, son ou ses renouvellements. Il est à noter que ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre. Les jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours habituels 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. 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 effet ni pour objet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans l'accord de branche,
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 . pour un CDD. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement à 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. À défaut de stipulation dans l'accord de branche étendu mentionné ci-dessus, le CDD est renouvelable deux fois pour une durée déterminée. Lorsqu'un CDD prend fin, il ne peut être recouru pour pourvoir le poste du salarié, ni à un autre CDD, ni à un contrat de travail temporaire avant l'expiration d'une période appelée « délai de carence ». Cette période est calculée en fonction de la durée du travail, incluant, le cas échéant, son ou ses renouvellements. Il est à noter que ce délai doit être observé, que le nouveau contrat soit conclu avec le même salarié ou un autre. Les jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours habituels 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. 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 effet ni pour objet de pourvoir durablement à un emploi lié à l'activité normale et permanente de l'entreprise. À défaut de stipulation dans l'accord de branche,
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article100979_14
article100979
14
8a32a97cb31386c1
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
de branche, ce délai de carence varie selon la durée du contrat. Si la durée du contrat, incluant, le cas échéant son ou ses renouvellements, est de quatorze jours ou plus, le délai sera d'un tiers de la durée du contrat venu à expiration. 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. Si la durée du contrat, incluant le cas échéant son renouvellement, est inférieure à quatorze jours, le délai sera égal à la moitié de la durée du contrat venu à expiration. Un poste pourvu en CDD pendant dix jours, ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de cinq jours. Dans 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, un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable. Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, 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
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 branche, ce délai de carence varie selon la durée du contrat. Si la durée du contrat, incluant, le cas échéant son ou ses renouvellements, est de quatorze jours ou plus, le délai sera d'un tiers de la durée du contrat venu à expiration. 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. Si la durée du contrat, incluant le cas échéant son renouvellement, est inférieure à quatorze jours, le délai sera égal à la moitié de la durée du contrat venu à expiration. Un poste pourvu en CDD pendant dix jours, ne peut donc faire l'objet d'un nouveau CDD avant l'expiration d'un délai de cinq jours. Dans 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, un accord de branche étendu peut prévoir les cas dans lesquels le délai de carence n'est pas applicable. Toutefois, comme le précise le Conseil d'État dans une décision du 22 avril 2022, 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
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article100979_15
article100979
15
3a195a9d75bf4e68
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
de contrats à durée déterminée. À défaut de stipulation dans l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable dans certains cas. Nous n'en citerons qu'un. Lorsque le CDD est conclu pour assurer le remplacement d'un salarié temporairement absent, il n'y a évidemment pas de délai de carence en cas de nouvelle absence du salarié remplacé. La conclusion de CDD successifs sans délai entre eux avec le même salarié est possible lorsque le contrat est conclu dans certains cas. 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. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD ne peut être rompu avant l'échéance prévue de son terme que dans quatre cas. Ensuite, le CDD cesse de plein droit à l'échéance du terme, mais dans certains cas, les relations contractuelles peuvent se poursuivre. Enfin, un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. 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.En savoir plus sur la web série «
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 contrats à durée déterminée. À défaut de stipulation dans l'accord de branche mentionné ci-dessus, le délai de carence n'est pas applicable dans certains cas. Nous n'en citerons qu'un. Lorsque le CDD est conclu pour assurer le remplacement d'un salarié temporairement absent, il n'y a évidemment pas de délai de carence en cas de nouvelle absence du salarié remplacé. La conclusion de CDD successifs sans délai entre eux avec le même salarié est possible lorsque le contrat est conclu dans certains cas. 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. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, le CDD ne peut être rompu avant l'échéance prévue de son terme que dans quatre cas. Ensuite, le CDD cesse de plein droit à l'échéance du terme, mais dans certains cas, les relations contractuelles peuvent se poursuivre. Enfin, un accord de branche étendu peut fixer le nombre maximal de renouvellements possibles pour un CDD. 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.En savoir plus sur la web série «
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article100979_16
article100979
16
7da0895e2b69c5fe
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 .
03/07/2025
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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article100979_17
article100979
17
985ae3fe732af8a5
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 .
03/07/2025
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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article100979_18
article100979
18
cef250fa12714322
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 .
03/07/2025
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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article100979_19
article100979
19
e050aadd031c01be
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 .
03/07/2025
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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article100979_20
article100979
20
a1315b4655dfec4a
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 .
03/07/2025
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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article100979_21
article100979
21
c0b3e73f96689075
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 .
03/07/2025
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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article100979_22
article100979
22
a6b7297b3e8673d2
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 .
03/07/2025
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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article100979_23
article100979
23
462d83b6bb0f9b26
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 .
03/07/2025
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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article100979_24
article100979
24
3410687b06d944bf
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 .
03/07/2025
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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article100979_25
article100979
25
93b42f8dce8a2937
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 .
03/07/2025
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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article100979_26
article100979
26
7fe19f1d7984a441
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 .
03/07/2025
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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective pour la durée maximale totale du CDDSi 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
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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective pour la durée maximale totale du CDDSi 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
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article100979_27
article100979
27
6824842cadfc599b
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
de 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 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,
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 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 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,
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article100979_28
article100979
28
66a8d1edf5a439b3
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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, 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).
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 . 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, 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).
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article100979_29
article100979
29
a4c45b6eb223b314
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
ci-dessus). Vérifiez sur le site du Code du travail numérique ce que prévoit votre convention collective pour la nombre maximal de renouvellementsÀ 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 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
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 . ci-dessus). Vérifiez sur le site du Code du travail numérique ce que prévoit votre convention collective pour la nombre maximal de renouvellementsÀ 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 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
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article100979_30
article100979
30
5c78abb4a32e0082
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective sur le délai de carence entre deux CDDÀ 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
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 . 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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective sur le délai de carence entre deux CDDÀ 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
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article100979_31
article100979
31
909b1349096fe477
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 .
03/07/2025
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 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 carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'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 . 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 carence n'est pas applicable :Lorsque le contrat de travail à durée déterminée est conclu pour assurer le remplacement d'un
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article100979_32
article100979
32
3e78408efda839ee
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des
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 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 successifs (sans délai entre eux) avec le même salarié n'est possible que lorsque le contrat est conclu dans l'un des
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article100979_33
article100979
33
d4a21622c934f047
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
dans 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, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. Quelles
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 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, etc. ), les employeurs et les salariés peuvent contacter les services de la Dreets ou de la Deets compétente. Quelles
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article100979_34
article100979
34
d7756cc723f74db1
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 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
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 . 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 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
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article100979_35
article100979
35
38388260aabf4372
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (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. 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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective sur la durée de la période d'essaiEn l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du 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 . suivent le jour de l'embauche. Il en résulte, selon la Cour de cassation (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. 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. Vérifier sur le site du Code du travail numérique ce que prévoit votre convention collective sur la durée de la période d'essaiEn l'absence de terme précis, la période d'essai est calculée de la même façon, par rapport à la durée minimale du contrat.
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article100979_36
article100979
36
1deec796f17c0183
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
du 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 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
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 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 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
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article100979_37
article100979
37
5c54130e8a5556d6
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 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
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 . 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 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
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article100979_38
article100979
38
bbc3e7e3317453b3
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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. Estimer le montant de l'indemnité de fin de contrat sur le site du Code du travail numériqueInformation 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
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 . 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. Estimer le montant de l'indemnité de fin de contrat sur le site du Code du travail numériqueInformation 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
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article100979_39
article100979
39
dbc4a4c3f3367fa7
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
;Dans 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 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
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 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 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
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article100979_40
article100979
40
299d5d5511263235
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 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
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 . 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 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
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article100979_41
article100979
41
399128fae5138d4e
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 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
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 . 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 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
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article100979_42
article100979
42
c0ee2278ce2dc9fb
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 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
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'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 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
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article100979_43
article100979
43
c13c9f8cc2ad54a3
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
lorsque 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 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
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 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 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
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article100979_44
article100979
44
4a3c555a965cecad
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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.
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 . 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.
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article100979_45
article100979
45
9b3c724fd0bc5426
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
de 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 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
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 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 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
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article100979_46
article100979
46
73293253da330840
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
d'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 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
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'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 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
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article100979_47
article100979
47
7b278e9412f261c1
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit 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 de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition
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 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 de l'employeur, ne pouvant être inférieure à un mois de salaire. Cette disposition
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article100979_48
article100979
48
66b55637e73fed13
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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 CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans 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 . 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 CDD se prescrit par deux ans. Comme le précise la Cour de cassation dans un
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article100979_49
article100979
49
03ad06d8860fbf49
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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). 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
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 . 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). 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
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article100979_50
article100979
50
8bc3ee4929ca06eb
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
Dans 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.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.
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 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.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.
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article100979_51
article100979
51
b8819374a2f04b19
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
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)Services en ligne Calculer l'indemnité de précarité | Code du travail numérique Durée maximale d'un CDD | Code du travail numérique Renouvellement du contrat de travail (CDD, intérim, apprentissage) | Code du travail numérique Délai de carence entre deux CDD | Code du travail numérique Durée de la période d'essai : CDD et CDI | Code du travail numérique Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicModèles de documents Modèle de lettre - Rupture anticipée du CDD suite à une embauche en CDI (Code du travail numérique)Modèle - Rupture d’un contrat de travail à durée déterminée d’un commun accord (Code du travail numérique)À lire sur ce site La rémuneration du salarié en contrat à durée déterminée En matière de rémunération, les salariés embauchés
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 . 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)Services en ligne Calculer l'indemnité de précarité | Code du travail numérique Durée maximale d'un CDD | Code du travail numérique Renouvellement du contrat de travail (CDD, intérim, apprentissage) | Code du travail numérique Délai de carence entre deux CDD | Code du travail numérique Durée de la période d'essai : CDD et CDI | Code du travail numérique Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicModèles de documents Modèle de lettre - Rupture anticipée du CDD suite à une embauche en CDI (Code du travail numérique)Modèle - Rupture d’un contrat de travail à durée déterminée d’un commun accord (Code du travail numérique)À lire sur ce site La rémuneration du salarié en contrat à durée déterminée En matière de rémunération, les salariés embauchés
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article100979_52
article100979
52
77e760e055626034
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
salariés embauchés en contrat à durée déterminée (hors contrat de type particulier, tel que, par... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée indéterminée de chantier ou d'opération Le contrat de chantier ou d’opération est un contrat à durée indéterminée (CDI) conclu pour la durée d'un chantier ou d'une... Fiche pratique Date de mise à jour le 1 octobre 2025 Le contrat à durée déterminée d'usage (CDDU) Le contrat à durée déterminée « d'usage » (CDDU) est un contrat de travail à durée déterminée susceptible d'être conclu : Pour... Fiche pratique Date de mise à jour le 26 septembre 2025 Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le... Fiche pratique Date de mise à jour le 3 juillet 2025 Le CDD à objet défini Le contrat à durée déterminée à objet défini est réservé au recrutement d'ingénieurs et de cadres (au sens des conventions... Fiche pratique Date de mise à jour le 6 décembre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025À lire sur service-public. gouv. fr Un employeur peut-il embaucher en contrat à durée déterminée (CDD) ? Dans quels cas un CDD est-il requalifié en CDI ? Conclusion du contrat de travail 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 . salariés embauchés en contrat à durée déterminée (hors contrat de type particulier, tel que, par... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée indéterminée de chantier ou d'opération Le contrat de chantier ou d’opération est un contrat à durée indéterminée (CDI) conclu pour la durée d'un chantier ou d'une... Fiche pratique Date de mise à jour le 1 octobre 2025 Le contrat à durée déterminée d'usage (CDDU) Le contrat à durée déterminée « d'usage » (CDDU) est un contrat de travail à durée déterminée susceptible d'être conclu : Pour... Fiche pratique Date de mise à jour le 26 septembre 2025 Le contrat de travail : les principales caractéristiques Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le... Fiche pratique Date de mise à jour le 3 juillet 2025 Le CDD à objet défini Le contrat à durée déterminée à objet défini est réservé au recrutement d'ingénieurs et de cadres (au sens des conventions... Fiche pratique Date de mise à jour le 6 décembre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025À lire sur service-public. gouv. fr Un employeur peut-il embaucher en contrat à durée déterminée (CDD) ? Dans quels cas un CDD est-il requalifié en CDI ? Conclusion du contrat de travail à durée
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article100979_53
article100979
53
e20b627c90180ae2
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 .
03/07/2025
https://travail-emploi.gouv.fr/le-contrat-duree-determinee-cdd
[ "Le contrat à durée déterminée (CDD) en vidéo (web série droit du travail)" ]
de travail à durée déterminée (CDD)Droits du salarié en contrat de travail à durée déterminée (CDD)Renouvellement d'un contrat de travail à durée déterminée (CDD)Fin d'un contrat à durée déterminée (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 . de travail à durée déterminée (CDD)Droits du salarié en contrat de travail à durée déterminée (CDD)Renouvellement d'un contrat de travail à durée déterminée (CDD)Fin d'un contrat à durée déterminée (CDD)
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article100979_54
article100979
54
3204ad75be7dc565
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 .
03/07/2025
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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article100979_55
article100979
55
03eab06825388b16
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 .
03/07/2025
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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article100979_56
article100979
56
67ebe2cceb6b8b26
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 .
03/07/2025
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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article100979_57
article100979
57
f95e073b6de36251
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 .
03/07/2025
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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article100979_58
article100979
58
0713f9f4df40433b
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 .
03/07/2025
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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article100979_59
article100979
59
b0d2790a8bae92d8
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 .
03/07/2025
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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