Successive fixed-term contracts with the same employer may be requalified as open-ended contracts if the interruption between each contract is not attributable to the worker and they are concluded consecutively with the same employer. If you are planning to enter into several successive daily contracts, you should be aware that legislation strictly regulates the use of successive fixed-term contracts. Several alternatives are available to you if the nature of the work proposed can only be carried out under a fixed-term contract.

1. Use of fixed-term contracts or contracts for clearly defined work

• Principle :
  The conclusion of several fixed-term contracts with the same employee, without any interruption attributable to the latter, may be requalified as a permanent contract.
• Justification:
  If you can show that the succession of fixed-term contracts is justified by the nature of the work or objective reasons (for example, seasonal fluctuations in the volume of work in the hospitality sector), the employment relationship will not be reclassified.
• Formalism :
  Each contract must be drawn up in writing and signed individually before the services begin.

When you conclude several successive fixed-term employment contracts with an employee, these contracts may be reclassified as open-ended contracts if the interruption between each contract is not attributable to the employee.

2. Use of temporary contracts

• How to use :
  Temporary staff can be used to replace a permanent employee, to meet a temporary increase in workload or to carry out an exceptional task.
• Flexibility :
  You can enter into successive daily contracts with the same temporary worker, provided you can demonstrate that these contracts correspond to a real need for flexibility (for example, depending on the season or the nature of the assignment, such as beet harvesting).
• Proportionality :
  The number of temporary contracts must remain proportional to the actual fluctuation in your requirements.

3. Use of a worker from a "friendly" company

• Principle :
  As an exception to the prohibition on making a worker available, a friendly company may lend you some of its drivers for a limited period, subject to prior notification of the Labour Inspectorate.
• Exceptional cases:
  • If the worker is used as part of a collaboration between companies in the same economic and financial entity, or
  • If the worker is called upon to perform specialised tasks requiring a particular qualification,
    it is not necessary to obtain the formal consent of the Labour Inspectorate.
• Obligations :
  In all cases, you must notify the Labour Inspectorate at least 24 hours before the employee is made available and formalise the conditions and duration of the loan in writing with the employer of the host company and the employee. During this period, the worker's contract remains in force, but you become jointly and severally liable for the payment of social security contributions, remuneration, allowances and benefits, which may not be lower than those applicable in your company.

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