[Ts93]

Hello everyone,

I've done substantial research online but to no avail, so I've decided to ask here in the hope that someone has knowledge or experience in French contract law.

I'm a British citizen 3 weeks in on my 2 month CDD in France at a holiday park. Simply put, the environment here isn't what I expected it to be and it's quite depressing if I'm honest. Furthermore, I am due to start a "proper" job on September 4th but feel that as my CDD contract ends on the 31st August it won't leave me with sufficient time to get ready (bad planning on my behalf, I know).

I've asked the company whether they could shorten my CDD contract by a week, however, they were very hesitant and declined. From what I understand it's easy to walk out on a CDI but very difficult to break a CDD contract without the employer's permission. I understand that if you simply walk out you can face financial penalties, but would they honestly chase me back to the UK to sue me if I did?

What I would like to know is:

1. Am I able to simply hand in a notice saying "I quit" regardless of whether the employer likes it or not? And if so, what is the notice period if my contract is for 2 months?

2. Hypothetically, if I were to simply walk out after a month without informing them, are they genuinely likely to take me to court over "damages"?

Any information or experience would be of great help, thanks in advance guys!

 

[Clic Clac]

It sounds like you are heading back to the UK?

How long was your "cooling off" period?

Unless you can bring forward the new job start date it doesn't sound promising, but more learned members will no doubt advise.

https://contrat-de-travail.ooreka.fr/comprendre/rupture-anticipee-cdd

 

[95995]

Hello everyone,

I've done substantial research online but to no avail, so I've decided to ask here in the hope that someone has knowledge or experience in French contract law.

I'm a British citizen 3 weeks in on my 2 month CDD in France at a holiday park. Simply put, the environment here isn't what I expected it to be and it's quite depressing if I'm honest. Furthermore, I am due to start a "proper" job on September 4th but feel that as my CDD contract ends on the 31st August it won't leave me with sufficient time to get ready (bad planning on my behalf, I know).

I've asked the company whether they could shorten my CDD contract by a week, however, they were very hesitant and declined. From what I understand it's easy to walk out on a CDI but very difficult to break a CDD contract without the employer's permission. I understand that if you simply walk out you can face financial penalties, but would they honestly chase me back to the UK to sue me if I did?

What I would like to know is:

1. Am I able to simply hand in a notice saying "I quit" regardless of whether the employer likes it or not? And if so, what is the notice period if my contract is for 2 months?

2. Hypothetically, if I were to simply walk out after a month without informing them, are they genuinely likely to take me to court over "damages"?

Any information or experience would be of great help, thanks in advance guys!

You have taken a short-term job for the high tourist season in a facility that relies largely on just that season. Unless you have a trial period 'essai', both you and your employer are required to abide by the contract (unless you come to a mutual agreement to break it). At this point in time your employer would have significant difficulty replacing you. You only have about 9 weeks ago - why not just bite the bullet and get on with it - and even try to make the most of it? If you make the effort, I'm sure you can be ready for the "proper job".

 

[Ts93]

Thanks for the replies guys. My trial period was the first 8 days, so that's long gone now unfortunately.

I didn't want to go into too much detail as I am more concerned about the technical/legal aspect of breaking the contract itself, however, I need to make my reasoning clear because I think that you are getting the wrong impression of the situation.

Bullying is definitely an issue at this establishment, and I've only been here for 3 weeks so far. I've witnessed it on numerous occasions myself, seen one person leave because of it and feel that (for whatever reason) I am starting to become the next target. Admittedly, there are "only" a couple of people who are responsible but from what I've been told nobody is ever sacked due to the fact that workers are so needed over the Summer.

Confronting it or talking to someone about it won't help as he won't change or be sacked (he's been caught smoking marijuana on multiple occasions at work and nothing was done). The depressingly negative atmosphere/bullying coupled with preparing for the most important job of my life so far is very difficult to manage at once, and I don't feel anyone should have to put up with bullying.

Apologies if that was long-winded, but any further suggestions would be greatly appreciated. Thanks.

 

[EuroTrash]

Bullying is definitely an issue at this establishment, and I've only been here for 3 weeks so far. I've witnessed it on numerous occasions myself, seen one person leave because of it and feel that (for whatever reason) I am starting to become the next target. Admittedly, there are "only" a couple of people who are responsible but from what I've been told nobody is ever sacked due to the fact that workers are so needed over the Summer.

Confronting it or talking to someone about it won't help as he won't change or be sacked (he's been caught smoking marijuana on multiple occasions at work and nothing was done). The depressingly negative atmosphere/bullying coupled with preparing for the most important job of my life so far is very difficult to manage at once, and I don't feel anyone should have to put up with bullying.

Apologies if that was long-winded, but any further suggestions would be greatly appreciated. Thanks.

I think I know where you're coming from because I've done seasonal work at activities centres and have encountered similar situations. If that person has the "responsable" in their pocket it's bad news. Your only hope I think is solidarity - get as many of possible of you to go and put your case forward to someone higher up, explaining that this person is badly affecting morale and there is a very real chance that you will all decide to leave because of him. This could change the equation because it would no longer be blue-eyed boy versus one member of the out-crowd, no brainer, blue-eyed boy will win; it would become blue-eyed boy versus half the staff, less of a no-brainer because however well liked blue-eyed boy is, they won't want to lose half their staff.

It's a real shame that this person has spoilt the summer for you, but at the end of the day, if you want to leave they can't physically stop you. There is always the option of becoming too stressed and depressed to work, developing panic attacks and refusing to come out of your tent or whatever you live in, not a glorious exit but a good way of encouraging them to agree to terminate your contract quickly. They need staff who will work but they don't want staff who go on the sick.

 

[95995]

Thanks for the replies guys. My trial period was the first 8 days, so that's long gone now unfortunately.

I didn't want to go into too much detail as I am more concerned about the technical/legal aspect of breaking the contract itself, however, I need to make my reasoning clear because I think that you are getting the wrong impression of the situation.

Bullying is definitely an issue at this establishment, and I've only been here for 3 weeks so far. I've witnessed it on numerous occasions myself, seen one person leave because of it and feel that (for whatever reason) I am starting to become the next target. Admittedly, there are "only" a couple of people who are responsible but from what I've been told nobody is ever sacked due to the fact that workers are so needed over the Summer.

Confronting it or talking to someone about it won't help as he won't change or be sacked (he's been caught smoking marijuana on multiple occasions at work and nothing was done). The depressingly negative atmosphere/bullying coupled with preparing for the most important job of my life so far is very difficult to manage at once, and I don't feel anyone should have to put up with bullying.

Apologies if that was long-winded, but any further suggestions would be greatly appreciated. Thanks.

That puts a whole different perspective on things. I definitely agree with ET. Also, try to get some evidence, even if you have to resort to recording something on your phone - whether it be the persons actions towards you or others.