Guide · Hospitality

Hiring an extra on a CDD d’usage in French hotels, cafés and restaurants

The extra contract (CDD d’usage) lets a venue hire an employee for a few hours, a day or a few consecutive days. It is regulated: here are the rules presented by Service-public.gouv.fr and the Code du travail numérique for the HCR collective agreement.

General information, accurate at the date shown: it does not replace legal, social-security or tax advice for your situation. Check the official sources quoted or ask a professional (lawyer, accountant).

When it can be used

According to Service-public.gouv.fr, a CDD d’usage can be used when three conditions are met: a sector that allows it (hotels and restaurants are included), a constant practice in the sector of not using open-ended contracts for that job, and the temporary nature of the job. It meets one-off, immediate needs for a specific position. It is different from part-time work or temping.

A written contract for each assignment

Like any fixed-term contract, it must be in writing and state its reason precisely, otherwise it may be reclassified as open-ended. A contract is drawn up for each assignment. Hiring formalities are the same as for other contracts.

The DPAE before the start

The pre-hiring declaration is made before work begins, at the earliest 8 days before, according to Service-public.gouv.fr.

Working hours

For hospitality extras, Service-public.gouv.fr gives a daily maximum of 11 hours for a cook, 12 hours for a night porter and 11.5 hours for other employees, and a weekly maximum of 52 hours in a single week and 50 hours on average over 12 weeks.

Pay and leave

Pay may not be lower than the collective-agreement minimum for the category, nor than the pay of an open-ended employee with equivalent qualifications in the same business. The Smic remains the legal floor: check the current amount on Service-public.gouv.fr. The extra receives a paid-leave allowance at the end of the contract, but no end-of-contract (precarity) bonus unless a collective agreement provides for it. No waiting period is needed between contracts.

Reclassification risk

Service-public.gouv.fr specifies that in hotels and restaurants, if work exceeds 60 days in a quarter in the same establishment, the contract may be reclassified as open-ended. Reclassification entitles the employee to compensation of at least one month’s pay, and the employer faces fines. For a regular need, consider another contract.

What about events?

Events as such do not appear in the list of sectors published by Service-public.gouv.fr (it includes entertainment and cultural activities). Check the applicable collective agreement before using a CDD d’usage.

And in Luxembourg?

Extras working in a Luxembourg venue fall under Luxembourg law: see Hiring a hospitality extra in Luxembourg.

On Askfreelance, the venue remains the employer; matching is free, with no commission. See Hospitality extras.

Frequently asked questions

Must an extra contract be in writing?

Yes. According to Service-public.gouv.fr, it must be written, state its reason and be drawn up for each assignment.

Is an extra entitled to the end-of-contract bonus?

No, unless a collective agreement provides for it. They do receive a paid-leave allowance.

When does reclassification become a risk?

In hotels and restaurants, Service-public.gouv.fr mentions a risk beyond 60 days of work in a quarter in the same establishment.

See also

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