Payment of early termination contract indemnity

When an employer who has hired an employee on a fixed-term contract (fixed-term contract), terminates the contract before its term and the contract does not enter into the authorized cases. 

The indemnity is not paid if the termination of the CDD occurs during the trial period.

Apart from the authorized cases, if the employer terminates the fixed-term contract early, the employee is entitled to damages. The amount is at least equal to the remuneration he would have received until the end of the contract.

Authorized cases> the fixed-term contract can be terminated before the expiry date only in the following cases:

• Agreement between employer and employee
• Request from the employee who justifies hiring on an open-ended contract (CDI). To avoid any difficulty, the employee can indicate in writing the termination of the contract and provide proof of the planned hiring.
• (promise of employment or employment contract, for example)
• Serious misconduct
• Force majeure
• Inaptitude noted by the occupational physician