Statute of Limitations for Requalifying CDD as CDI

Extract

[...] Court of Cassation, Social Chamber, 15 March 2023, no. 20-21.774 - What about the statute of limitations in the context of an action to requalify a CDD as a CDI in the absence of a written agreement? [...]

[...] II- A necessary decision and in line with previous jurisprudence A necessary and useful decision - Necessary: complexity of the law, divergence of the duration of the prescription period and its starting point - Useful: the social chamber does not stop at the case in point, it re-examines the elements for the 3 cases of requalification + better information and knowledge by the employee of his rights therefore legal security A solution in line with previous jurisprudence - Confirmation of previous jurisprudence: Soc May 2018, appeal n° 16-26.437 (concerns the starting point of the prescription of the action in the absence of a mention in the contract that can lead to requalification) - Other clarifications brought by the social chamber on the requalification action prior to the judgment: Cass. soc Jan n°21-16.398 and Cass. [...]

[...] - Detailed Plan A redefinition by the Court of Cassation of the statute of limitations for obtaining the requalification of a CDD as a CDI The requalification of a CDD as a CDI, a source of questioning - Definition CDD/CDI and stakes + definition of the statute of limitations - Texts applied by the judges: the law n°2013-504 of 14 June 2013, article 2224 of the Civil Code, article 463 of the Civil Procedure Code decision combining civil law and social law - interconnectivity of law The requalification of a CDD as a CDI, governed within precise deadlines - The Court of Cassation is clear/ pedagogical in its explanations and distinguishes 3 cases : - The absence of a written document : from the expiration of the 2-day period allowed for the employer to transmit the employment contract to the employee - The absence of a mention in the contract that could lead to requalification : from the conclusion of said contract - Action based on the reason for the recourse to the fixed-term contract stated in the contract : from the end of the contract - In this case: absence of writing/formal irregularity - the social chamber confirms the decision of the court of appeal judging that the employee's action is time-barred. - Response of the Court of Cassation applicable to other disputes: the starting point of the prescription depends on the nature of the irregularity found. [...]