Seasonal Contracts: Answers to Five Common Questions 

According to the French Labour Code, a seasonal fixed-term contract (or CDD saisonnier) is a fixed-term contract under which the individual performs tasks expected to be repeated annually according to a roughly fixed schedule, based on the rhythm of the seasons or collective lifestyles (e.g. tourism), and independent of the employer’s will. The seasonal nature of a job is assessed with regard to the activity of the employing company and not that of its client companies. For example, a security company cannot enter into a seasonal fixed-term contract with an individual for a job monitoring trade shows: the security activity, which is the employing company’s core business, is not a seasonal activity. It is irrelevant that its clients, trade shows in this example, operate during specific periods of the year.

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This is not, in principle, the purpose of a seasonal contract. A fixed-term contract, whatever its reason, cannot have the purpose or effect of permanently filling a position linked to the normal and ongoing activity of the company.

When the contract is concluded for a period coinciding with the opening or operating period of the company, it tends to closely resemble a permanent position within the company.

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The seasonal contract must be in writing and include, in particular:

• the precise definition of its purpose, which must characterise the seasonal nature of the position;

• the start date and end date (i.e. a definite term) or that it will end at the end of the season (i.e. an uncertain term);

• the trial period (if applicable);

• the amount of remuneration and its various components, etc.

A seasonal fixed-term contract doesn’t always have a fixed end date. In this case, its term ends on the completion of the relevant task, and it must include a minimum duration.

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Seasonal employment contracts may include a renewal clause for the following season.

Collective bargaining agreements at the industry level may stipulate that any employer who has employed a worker in a seasonal position must offer them, unless there is a genuine and serious reason for refusal, a position of the same nature for the same season the following year. These agreements define the conditions of the offer, including the probationary period, and specify the timeframe within which this offer must be made to the employee before the start of the season, as well as the minimum amount of compensation the employee will receive if they have not received a job offer.

In the absence of collective agreements at the industry or company level, in the 17 industries where seasonal employment is particularly developed (a list of these industries has been established under French law), any employee hired on a seasonal fixed-term contract in the same company has a right to the renewal of their contract when:

• they have completed at least two of the same seasons in the company over two consecutive years;

• The employer has a seasonal job opening that matches the employee’s qualifications for the upcoming season.

Examples of sectors covered include leisure, attraction and cultural spaces; outdoor accommodation; hotels, cafes, restaurants; ski lifts and ski areas.

When these conditions are met, the employer must inform the employee, before the end of the contract, of their right to renewal by any means that provides proof of the date of notification (letter, email, hand delivery with acknowledgement of receipt, etc). However, a ‘duly justified’ reason may justify an exception to this obligation to provide information.

In practice, information about renewal is generally included in the contract to facilitate compliance with this obligation.

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With greater seniority comes greater employment rights and benefits for seasonal workers, including bonuses. To calculate the employee’s seniority, the durations of successive seasonal fixed-term contracts in the same company are added together.

In the absence of collective agreements at the industry or company level, in the 17 industries where seasonal employment is particularly developed (see above), seasonal fixed-term contracts in the same company are considered as successive, for the calculation of seniority, when they are concluded over one or more seasons, including when they have been interrupted by periods without activity.

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Employers must not confuse a seasonal fixed-term contract with:

• A fixed-term contract (CDD) for a temporary increase in activity - Unlike a fixed-term contract for a temporary increase in activity, a seasonal fixed-term contract is one where the activity is repeated each year around the same time and is linked to a specific ‘season’ (hot/cold, tourism, grape harvest, winter sports, etc).

• The fixed-term contract for specific purposes – The seasonal fixed-term contract also differs from the contract for specific purposes, which is permitted in certain sectors (entertainment, hospitality, catering, etc) where it is common practice to use very short-term contracts for temporary needs. Thus, a fixed-term contract for specific purposes can cover very occasional assignments (such as temporary work in a restaurant), whereas a seasonal fixed-term contract covers a seasonal period, with a logic of annual repetition.

Secondly, employers cannot use seasonal fixed-term contracts for a job that is part of its permanent activity. This does not, however, prevent the same seasonal employee from working with the company one season to the next.

Why is this important? Because it can impact the classification of the worker, potentially resulting in a finding of an indefinite employment relationship (rather than just a seasonal one). This is demonstrated through the following Court of Cassation case law examples:

Findings of indefinite employment

• In the case of a secretary position in a ski resort, the fact the employee worked every year throughout the company’s period of activity created an employment relationship between the parties that was of an overall indefinite duration.

• Similarly, an employee who had held a position within the normal and permanent operations of the hotel (assistant concierge then valet) for over 20 almost uninterrupted years, during periods when the establishment (a hotel) was open to the public, the professional relationship had been transformed into an open-ended contract at the end of the initial fixed-term contract. In this particular case, it was irrelevant that the employee had declined the offer of a seasonal contract on two occasions during the entire period.

Findings of a seasonal fixed-term contract

• Conversely, an employee could be employed on a seasonal fixed-term contract every year for 16 years during the period from mid-July to mid-September, as a seasonal worker for sweetcorn packaging. The Court of Cassation emphasised here that the job involved tasks that were repeated annually on roughly the same dates depending on the maturity of the seasonal product, and that these tasks assigned to the employee were linked to this cyclical increase.
• The fixed-term contract concluded by a cereal farming company with an employee hired as a tractor driver for harvesting, soil preparation and sowing work, was also found to have a seasonal character, since these tasks were linked to the existence of natural constraints, and are thus intended to be repeated every year on roughly fixed dates.

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Employers must ensure that seasonal fixed-term contracts truly reflect cyclical needs, not permanent roles. They should clearly define the seasonal nature of the position, comply with mandatory terms, and respect renewal rights under collective agreements or statutory rules. Misuse can lead to reclassification as indefinite contracts, so understanding the requirements is essential.

*Capstan Avocats