Seasonal Contract: When 'at the end of the works' is not enough to protect owner and employee

Imagine you are the owner of a villa in Valbonne, in this residential neighbourhood where gardens require regular maintenance. You hire a gardener for pruning olive trees, planning that his contract will end "at the end of the works" and "at the latest on 30 June". Simple, right? Yet, this wording can expose you to significant legal risks. How to draft a seasonal contract that protects both your interests and those of the worker?

This question is asked by many owners on the Côte d'Azur, whether for maintaining their garden in Cannes, renovating their swimming pool in Valbonne, or seasonal works in their second homes. The answer comes from a decision of the Cour de cassation which clarifies the rules applicable to seasonal employment contracts.

But what exactly does this change for you, owner, tenant, or real estate professional? This decision reminds that the law imposes strict conditions for fixed-term contracts, including seasonal contracts. Poor drafting can transform what seemed to be a temporary contract into an open-ended contract, with all the consequences that entails.

The facts: a story that happens every day

Mr Dubois, owner of a wine estate in the Grasse hinterland, had hired Mr Martin for seasonal works. The first contract, signed on 1 April 2005, provided for a duration corresponding to "the harvest of the scions" and would end "at the latest on 31 March 2005". A second contract followed for "the duration of the mechanical stub removal works" until "at the latest on 31 March 2006", then a third for other specific works.

What seemed to be a clear and temporary employment relationship turned into a dispute when Mr Martin challenged the nature of his contract. He believed that these successive contracts, with vague wording like "at the end of the works", did not meet the legal requirements for seasonal contracts. In short, he considered that he had been hired under a regime that did not correspond to the reality of his situation.

The disagreement led the parties before the courts. Mr Martin applied to the Conseil de prud'hommes (specialised jurisdiction for disputes between employers and employees), which ruled in his favour. Mr Dubois appealed, but the Cour d'appel confirmed the first judgment. The owner then decided to appeal to the Cour de cassation, hoping that the highest French judicial court would overturn the previous decisions.

undefined, I have encountered cases where villa owners in Cannes found themselves in similar situations: they thought they had concluded temporary contracts for seasonal maintenance works, but saw the regularity of these contracts challenged by the workers. These disputes can last for years and cost thousands of euros in compensation.

The court's reasoning — analysed

The Cour de cassation examined this case with particular attention to legal requirements. The judges relied on articles L. 1242-7 and L. 1242-12 of the French Labour Code, which specifically govern fixed-term contracts concluded for the performance of a precise and temporary task.

Article L. 1242-7 of the French Labour Code provides that the fixed-term contract must contain "a precise end date" fixed in particular by the arrival of the term, the completion of the purpose for which it was concluded, or the return of the replaced employee. In other words, the law requires a certain precision in determining the end of the contract.

Article L. 1242-12 adds that the fixed-term contract may be concluded for the performance of a precise and temporary task, but that this task cannot be the normal and permanent activity of the business. However, be careful: even in this case, the contract must contain a precise end date.

The Court analysed the wording used in Mr Martin's contracts: "for the duration of the harvest of the scions", "for the duration of the mechanical stub removal works", each time with the mention "at the latest" followed by a date. The judges considered that these wordings did not constitute a "precise end date" within the meaning of the law.

Why? Because "the end of the harvest" or "the end of the works" are notions that are too imprecise. When exactly does a harvest end? When the last fruits are picked? When the equipment is stored? When the accounts are settled? This imprecision does not allow the employee to know with certainty when his contract will end.

The mention "at the latest" followed by a date does not save the situation. It simply indicates a deadline, but not the precise end date of the contract. What few people know is that to be valid, a seasonal contract must allow the exact date of its end to be determined with certainty, from its conclusion.

The Court therefore dismissed Mr Dubois's appeal, confirming that these contracts did not meet the legal requirements. This decision is in line with established case law, reminding employers of the importance of precise drafting of employment contracts.

What this changes for you — concretely

If you are a landlord in Cannes and you hire workers for seasonal works (garden maintenance, swimming pool cleaning, façade painting), this decision directly concerns you. A poorly drafted contract can be reclassified as an open-ended contract.

Concretely, this means that if your contract does not contain a precise end date, the worker could request its reclassification as an open-ended contract. You would then be required to pay him severance pay, back pay, and possibly damages for dismissal without real and serious cause. In some cases, these amounts can reach several months' salary.

Take a realistic numerical example: you hire a gardener in Cannes for 3 months at €2,000 per month. If his contract is poorly drafted and he obtains its reclassification as an open-ended contract after one year of work, you might have to pay him up to 6 months' salary in compensation, i.e., €12,000, not counting possible damages.

If you are a tenant and you hire workers yourself for works in your accommodation (with the owner's agreement), the same rules apply. You become an employer in the eyes of the law and must respect the same obligations.

For real estate professionals (estate agents, developers, property managers), this decision reminds of the importance of advising your clients correctly. When you recommend service providers for seasonal works in a co-ownership in Valbonne, ensure that the proposed contracts respect these legal requirements.

How to react? The first step is to review your existing contracts. If you have ongoing contracts with wording similar to that in the Dubois/Martin case, it is urgent to regularise them.

Four tips to avoid this type of dispute

• Always specify an exact end date: Instead of "at the end of the works", indicate "the contract ends on [precise date]". If the duration depends on the progress of the works, set a realistic deadline.
• Clearly define the purpose of the contract: Precisely describe the works to be carried out. For example, rather than "gardening works", specify "pruning of the 15 olive trees, weeding of the 200m² lawn, and cleaning of the terrace".
• Use renewal clauses with caution: If you foresee a possible renewal, indicate it clearly but know that successive renewals can give rise to a presumption of an open-ended contract. Limit the number of renewals.
• Keep all evidence: Keep detailed quotes, work schedules, exchanges with the worker. These documents can serve in case of dispute to demonstrate the temporary and precise nature of the assignment.

Deepening: related case law and developments

This 2014 decision is part of consistent case law. Already in 2006, the Cour de cassation had ruled that a contract stipulating that it would end "at the end of the harvest works" did not contain a precise end date (Cass. soc., 28 June 2006, no. 04-45.789).

More recently, in 2019, the Court confirmed this position by considering that a contract ending "at the end of the tourist season" did not satisfy the legal requirements (Cass. soc., 13 March 2019, no. 17-25.289). The trend of the courts is clear: they require increasing precision in the drafting of fixed-term contracts.

What this means for the future? Judges will be increasingly strict on compliance with formalities. With the 2017 labour law reform and recent legislative developments, the requirements regarding the drafting of employment contracts are only increasing.

For owners and real estate professionals in the Grasse jurisdiction, this implies increased vigilance. The courts of Nice and Aix-en-Provence, which handle many disputes involving seasonal workers on the Côte d'Azur, rigorously apply this case law.

What you must absolutely remember

Checklist: What to do if you hire a seasonal worker

1. Check that the contract contains a precise end date: Not "at the end of the works" but "on 30 June 2024" or "upon completion of the works described in article 2, and at the latest on 30 June 2024".
2. Define the purpose with precision: Describe the works in a detailed and measurable manner.
3. Respect the hiring formalities: Declare the employee to URSSAF, establish a payslip, respect labour law.
4. Anticipate the end of the contract: Plan the end-of-contract interview and dismissal formalities if necessary.
5. Consult a professional in case of doubt: A specialised lawyer can check your contracts and avoid costly disputes for you.

Do you find yourself in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →