Problems with CDD CDI.. some clarity here?

[Workinggirl]

I have been working at a private bilingual school in France for three years now as an English primary teacher.

I began on a CDD maternity cover contract for 4 months. The person on mat leave decided not to come back so they kept me on but they gave her CDI to someone else who had been waiting for it longer. The procedure for the CDI distribution here has been just that. When a person on the ENGLISH staff leaves, the first one who has been there gets the contract.

When I started, Sept 2013, another girl also started (let's call her Jane). She too was covering a maternity leave. Only that she herself was pregnant (but did not tell the boss until the very last moment) so her person came back that Feb and so she did not complete the year.

Jane returned the following September to cover someone else's mat leave and then to cover another mat leave in Feb.

ANYWAY, I had been waiting for a CDI all this time, when suddenly somebody had quit in late August, 2015, right before the commencement of the school year.

As Jane was forced to seek other employment, my boss called her and asked her to take over. Jane demanded that she get a CDI. Though I had put in more time working and had gone on week long trips with the students etc all of which Jane had not done, my boss gave her the CDI out of desperation. She had also promised me the next one earlier that year, but knowing I'd be back anyway, gave it to Jane. I complained of course but she stressed that regardless of how much more time Ive worked than Jane, Jane and I started on the same date so we were both equally eligible. Little did my boss know, Jane was pregnant.

My boss is an old rude woman. I hate to generalize but she is highly unprofessional and extremely mean to those she does not favor. She did not love neither me nor Jane so it was no surprise she did something along these lines to me.

The parents have been more than happy with my performance and dedication as a teacher as have other staff members.

I avoided Jane all year pretty much- and now she is on her second mat leave. The person covering her is highly desperate for a CDI. I am not amused at her determination for a CDI and the entire thing is annoying and frustrating.

I, myself, became pregnant in Jan. Luckily my current CDD is for someone on parental leave who is due to be back June, 2017, so I am covered for my mat leave. I am to go on my maternity leave this coming September. Someone in the primary English department has been promoted and so a CDI is available. I do not want to approach my boss about this yet again, so I will wait to see if she gives it to me or to this new girl.

But is there not something illegal about all of this?

I have been on at least 4 different CDD contracts since September 2013. I know there is some rule that after 3 you must be given a CDI but the human resources manager at the school insists that because I am covering people it simply does not apply to me.

IS there any way to get a CDI from these people or at least stop them from this sort of injustice?

[andyh4]

My understanding is that CDD can be offered for 4 continuous 6 month periods (2 years). After that if the contract is continued then the employer must convert the job to CDI. It is not quite clear from your post whether you have been working continuously or not.

There may also be a complication in your case since I suspect the employer can claim that since your CDD contracts are to cover different people and for different reasons, you have not been in the same job for 2 years continuously under the same essential CDD contract. So for example you may have been offered a CDD to cover teaching of group 1 students. The next contract is for group 5, the next for group 1 again. This may provide an out for the employer if the work involved in teaching groups 1 and 5 is significantly different. A discussion with the office of the inspecteur de travail might clarify the situation.

As to who a company decides to take on as a CDI - beyond the legal requirement above, that is entirely the employers' decision.

I am sure my view of this is highly simplified and there may be others with a more in depth knowledge.

[Workinggirl]

Thank you Andy,

though I have been covering at least 2 people's maternity leave, I have remained in precisely the same position for 3 years. The first two years they stopped my contract only in the summers but now the contract will run through this summer.

Thanks again.

[idun]

Do they work within the rules, ie getting you to sign your contract as soon as you restart your CDD?

Because if they delay, then you should not sign and will automatically be on a CDI. This is just a message board, check this with the Inspection de Travail.

In fact, I would call the Inspection de Travail and ask them about this anyway.

[andyh4]

With the break in contract for the summer months, it sounds to me that you fail to fulfil the continuous employment criterion but this is probably still worth discussing with the IdT.

The fact that your contract now covers the summer months looks as if you may be on the way to a CDI - but no guarantees of course until you do have 2 years continuous employment under your belt.