French Employment law - Radio: Reclassification of 6-Year Fixed-Term Contracts as a Permanent Contract and Unfair Dismissal of a Radio Presenter at Réunion La 1ère, France Télévisions (Paris Labor Court, July 3rd, 2025)

Ms. X was hired by FRANCE TELEVISIONS as a radio presenter under a series of fixed-term contracts from March 23, 2018, to September 18, 2024.

As part of her fixed-term contracts, she was responsible for preparing and hosting various programs broadcast on Réunion 1ère radio. (Exhibits 1 and 2)

On average, over the full years, Ms. X worked 94 days per year.

Her average gross monthly salary was €2,486.

At the end of the 2023/2024 radio season, FRANCE TELEVISIONS abruptly informed Ms. X that her contract for program Y, which she had hosted since 2019 during the Z time slot, would not be renewed.

The company then offered her a position hosting a program from 8:00 to 10:00 a.m. for the fall season.

Ms. X had no choice but to decline this offer, explaining that she was obliged to drop her children off at school in the mornings during that time slot, a fact that FRANCE TELEVISIONS had been aware of since her hiring.

She nevertheless reiterated her desire to continue working with the company and her availability for any other program in a different time slot.

Unexpectedly, on September 18, 2024, without any alternative contract offer being made, FRANCE TELEVISIONS notified Ms. X of the termination of her employment.

Ms. X immediately challenged the terms of this termination.

1) Regarding the request to reclassify fixed-term contracts as permanent contracts:

Article L. 1242-1 of the French Labor Code states that: "A fixed-term employment contract, whatever its reason, may not have as its object or effect the permanent filling of a position related to the normal and ongoing activity of the company."

Article L. 1242-2 of the French Labor Code states that: "Subject to the provisions of Article L. 1242-3, a fixed-term employment contract may only be concluded for the performance of a specific and temporary task, and only in the following cases:

- (...)

3° Positions (') for which, in certain sectors of activity defined by decree or by extended collective bargaining agreement, it is customary not to use permanent employment contracts due to the nature of the activity performed and the inherently temporary nature of these positions." When the duration of the employment contract is less than one month, only one payslip is issued by the employer";

Article D. 1242-1 of the French Labor Code stipulates that: "Pursuant to point 3 of Article L. 1242-2, the sectors of activity in which fixed-term contracts may be concluded for positions for which it is customary not to use permanent contracts due to the nature of the activity performed and the inherently temporary nature of these positions are as follows:

- (...)

6° Performing arts, cultural activities, audiovisual media, film production, sound recording... ";

The mere fact that a sector of activity appears in the list established by Article D. 1242-1 of the Labor Code or by the extended sectoral agreement applicable to the company is not sufficient to justify the use of a fixed-term employment contract for all positions in that sector. It must also be a consistent practice not to use open-ended employment contracts due to the inherently temporary nature of the job in question. This temporary nature must stem from established practice, and the burden of proof lies with the employer invoking this practice.

Similarly, the conclusion of successive fixed-term employment contracts based on customary practice with the same employee is permissible, provided it is justified by objective reasons, understood as the existence of concrete elements establishing the inherently temporary nature of the job in question.

In this case, France Télévisions' main activity in the audiovisual sector is included in the list established by Article D. 1242-1 of the French Labor Code, and it follows from the national collective bargaining agreement for the broadcasting sector dated December 22, 2006, produced by France Télévisions, that the use of fixed-term contracts for specific purposes is justified only when the employment is carried out in the following circumstances: when there are uncertainties regarding the sustainability of the activities, or when they are of an exceptional or event-driven nature, or when they require specific technical or artistic skills, with regard to the jobs listed in the appendices, including presenters.

The criteria for using fixed-term employment contracts for specific purposes, as set forth in the national collective bargaining agreement for the broadcasting sector dated December 22, 2006, are not met. The programs on which Ms. X collaborated were not subject to any uncertainty regarding their continuation, were not exceptional in nature, and did not require specific technical or artistic skills from her.

Furthermore, the short duration of the assignments does not constitute an objective element establishing the temporary nature of Ms. X's employment.

Thus, in the absence of concrete evidence establishing the inherently temporary nature of Ms. X's employment, and given the systematic renewal of her collaboration over many years for the production of programs regularly broadcast by FRANCE TELEVISION, the permanent nature of her employment is established. This employment is linked to the normal operations of the company, and the succession of fixed-term contracts constitutes a single, open-ended arrangement.

Therefore, the Court reclassifies Ms. X's fixed-term employment contracts, effective March 20, 2018, as a permanent employment contract;

On average, over the last twelve months of employment, Ms. X received an annual gross salary of €26,645;

However, taking into account the 30% increase she received due to her non-permanent status, her annual salary, as a permanent employee, should be set at €18,651.50 gross;

Consequently, the Court sets Ms. X's gross monthly salary at €1,554.29;

Pursuant to Article L.1245-2, when the labor court grants the employee's request, it awards compensation, payable by the employer, which cannot be less than one month's salary; This provision applies without prejudice to the application of the provisions of Title III of this book relating to the rules for terminating open-ended employment contracts;

Consequently, the Court orders FRANCE TELEVISIONS to pay Ms. X the sum of €1,554.29 as compensation for reclassification.

***

In a judgment dated July 3rd, 2025, the Paris Labor Court, ruling publicly, in a contested judgment at first instance:

Reclassifies the fixed-term contracts as a permanent contract effective March 20, 2018;

Orders FRANCE TELEVISIONS to pay Ms. X the following sums:

- €1,554.29 as compensation for reclassification;

- €3,108.58 as compensation in lieu of notice;

- €310.85 for accrued vacation pay;

- €3,264.00 as statutory severance pay;

- €4,662.87 as compensation for unfair dismissal;

- €736.80 as back pay for seniority bonus;

Notes that, pursuant to Articles 1231-6 and 1231-7 of the French Civil Code, interest accrues from the date of receipt by the defendant of the summons to appear before the first court for wage-related claims, and from the date of the judgment for claims for damages.

- €2,000.00 pursuant to Article 700 of the French Code of Civil Procedure;

Orders the delivery of employment-related documents in accordance with the forthcoming decision (France Travail certificate, work certificate);

Dismisses Ms. X's remaining claims;

Dismisses all of FRANCE TELEVISIONS' claims;

Pursuant to Article L.1235-4 of the French Labor Code, the court orders FRANCE TELEVISIONS to reimburse France Travail for the unemployment benefits paid to Ms. X from the date of her dismissal until the date of this judgment, up to a maximum of one month's unemployment benefits.

The court orders FRANCE TELEVISIONS to pay the costs.

To read the full brief, click on the link below.

https://www.legavox.fr/blog/frederic-chhum-avocats/audiovisuel-requalification-cddu-licenciement-sans-37889.htm

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

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