Source date: 2026-05-03
In which cases can the termination of a fixed-term contract be considered abusive? Published on May 4, 2026 - Entreprendre Service Public / Direction de l'information légale et administrative (Prime Minister's Office)
In a ruling issued on April 9, 2026, the Cour de cassation clarified the conditions for terminating a fixed-term contract (CDD) in the event of sick leave. It specified the circumstances under which an abusive termination of a CDD entitles the employee to compensation.
An employee was hired on a fixed-term contract: titleContent . The employer terminated the contract a few months after the probationary period ended.
The employee filed a claim with the labor court (conseil des prud'hommes), arguing that this termination was abusive and seeking damages.
The employer stated that the termination occurred during the probationary period, which had been extended by a contractual amendment. Therefore, they argued that the termination was lawful. Furthermore, they justified their decision by citing serious misconduct by the employee.
The Court of Appeal ruled that this termination did not constitute an early termination but rather a dismissal. This dismissal lacked real and serious cause because the termination letter did not specify any grounds. According to the appellate judge, the employee was entitled to severance pay for dismissal, not compensation for abusive termination of the contract.
The Cour de cassation awarded compensation for abusive termination to the employee. It recalled that early termination without legal justification is considered abusive. It found that the employer had not provided any reason in the termination letter and that the termination occurred after the probationary period.
Consequently, it rejected the Court of Appeal's reasoning, as the employer had failed to comply with the formal requirements for contract termination. The employer was thus ordered to pay damages to the employee, amounting at least to the wages the employee would have received until the end of the contract term.
Legal texts and references
See also
CDD:
Fixed-term contract
Source: Service-Public professionnels