Renewal of a fixed term seasonal contract in the absence of provisions in the collective bargaining agreement

The 16 branches where seasonal employment is particularly developed are defined by the regulation of 5 May 2017:

  • Casinos
  • Diving centers
  • Retail of sport products and leisure equipment
  • Retail and manufacturers of pastries, chocolates and biscuits
  • Amusement parks, leisure and cultural areas
  • Open air accommodations
  • Hotels, Coffee houses, restaurants
  • Retail and manufacturers of soil products, fertilizers, and related products
  • Marinas and leisure ports
  • Manufacturers of bottled water and refreshing drinks without alcohol or beer
  • Ski lifts and skiable areas
  • Thermalism (Balneology)
  • Social and family tourism
  • Road transport and auxiliary transport activities
  • Wines, ciders, fruit juice, syrups, spirits and liquors of France

Out of these 16 branches, only 6 do not include written provisions concerning the renewal of fixed term seasonal contracts: marinas and leisure ports; diving centers (Sport CBA); retail of sport products; retail of pastries, chocolates and biscuits; manufacturers of bottled water; road transport.

In these 6 branches, pursuant to the statute of 27 April 2017, in the absence of written provisions in a company bargaining agreement, the employee in a fixed term seasonal contract has a right to renewal of his contract for the same season of the next year, under 3 conditions:

  1. The employee has completed at least 2 same seasons over 2 years consecutive for the same company
  2. The employer has a seasonal job opportunity, compatible with the qualifications of the employee
  3. There are no valid reasons for opposing the renewal

The employer must inform the employee of the renewal or lack of for his seasonal contract before its term.

Statute of 27 April 2017 concerning the inclusion of the length of service in seasonal employment contracts and concerning their renewal

Regulation of 5 May 2017 listing the branches where seasonal employment is particularly developed

New articles L. 1244-2-1 and L. 1244-2-2 of the Labor code

La reconduction des CDD saisonniers sur le devant de la scène (The renewal of seasonal fixed term contracts in the spotlight), Juristourisme, February 2016, Sébastien le Coeur