The extra contract, a fixed-term "customary use" contract specific to hospitality
The extra contract is not a contract type of its own. It is a fixed-term contract of customary use (CDD d'usage, or CDDU), set out in article D.1242-1 of the French Labour Code. It applies to sectors where it is standard practice not to use permanent contracts for certain jobs that are temporary by nature.
Hospitality and food service appear explicitly on that list, alongside live entertainment, removals and professional sport. In these specific sectors, activity swings in ways a permanent headcount simply cannot absorb.
In other words: the extra contract exists to cover a specific need with a clear date attached. A 120-cover banquet, an Easter weekend, a last-minute replacement. Not to keep your brigade running all year.
Who can use it, and for what assignments
The sectors covered
Not every sector has access to the CDD d'usage. In food service, the employer must fall under a hospitality, café or restaurant NAF code and apply the HCR collective agreement (IDCC 1979). Caterers, hotels, traditional restaurants and fast-food outlets all qualify.
Typical use cases
In practice, an extra in a restaurant is brought in for very identifiable assignments:
- extra hands front or back of house for an unusually busy service;
- a banquet, wedding, seminar or private event;
- opening the terrace on the first warm weekend;
- an unexpected absence covering one or two days.
Each assignment has to match an identifiable one-off need. If you book the same extra every Friday for six months, you no longer meet the temporary by nature condition.
Duration: from a few hours to 60 days per quarter
An extra contract can last a few hours. That is precisely what sets it apart: an evening service from 6pm to 11pm is enough to justify an employment contract. At the other end, the HCR agreement sets clear guardrails.
Two ceilings to remember. The same employee cannot work more than 60 days per calendar quarter for the same business. And an extra employed for more than 2 consecutive months by the same employer sees their contract fall back under standard fixed-term rules.
The duration can be exact (a dated service) or tied to the end of the assignment. In the second case, state a minimum duration. The contract then ends automatically, with no notice period and no dismissal procedure.
On the ground, the real risk is almost never the one-off contract for a single evening. It is the run of extra contracts signed with the same person, week after week, without anyone counting the days.
Pay: hourly rate, hours and allowances
An extra's pay follows the HCR salary grid for their level and step. It cannot fall below the gross hourly minimum wage, roughly €12 gross per hour at entry level. In practice, many establishments add 10 to 20% to attract people they can rely on.
What you have to pay on top of base salary:
- 10% holiday pay in lieu, paid at the end of each assignment;
- overtime beyond 35 hours a week, uplifted by 10% from the 36th to the 39th hour under the HCR agreement;
- the meal benefit in kind, valued at around €4.20 per meal, or a cash equivalent;
- night and public holiday premiums set by the agreement.
A point that is often misunderstood: the CDD d'usage does not trigger the 10% end-of-contract bonus (the precarity bonus), under article L.1243-10. Unless a company agreement is more generous. These costs hit your margin per cover directly, just like the markup multiplier you apply to your dishes.
Extra, standard fixed-term or agency staff: what changes for you
All three cover similar needs, but they differ in both cost and constraints.
| Criterion | Extra contract (CDDU) | Standard fixed-term | Agency staff |
|---|---|---|---|
| Minimum duration | A few hours | Usually several days | Depends on assignment |
| Grounds required | Sector custom | Workload peak, replacement | Workload peak, replacement |
| End-of-contract bonus | Not payable | 10% of gross | 10% of gross |
| Waiting period | None | Yes, between two contracts | Yes |
| Indicative cost | Salary + contributions | Salary + contributions + 10% | Multiplier of 1.8 to 2.2 |
The extra contract remains the most flexible and the cheapest option for a single day. Agency staff take the admin off your hands, but their billing multiplier almost doubles the hourly cost.
How to set up an extra contract properly
The employment contract must be written and handed to the employee within 2 working days of the start date. A verbal agreement, even with someone who works for you regularly, exposes you to immediate reclassification.
Several details have to be stated in it: the purpose and grounds for using a CDD d'usage, the start date, the duration or end point of the assignment, the role, the classification, the hourly rate, the applicable collective agreement and the pension fund details. Add the DPAE pre-hire declaration before the shift starts.
Keep a record of days worked per person. It is the only reliable way to check you are staying under the 60 days per quarter, especially when several section managers each hire on their own.
The limits and the reclassification risk
What happens if you go past the thresholds for an extra? The contract can be reclassified as a permanent contract by the labour tribunal, backdated to the first assignment. The bill then includes back pay, a reclassification indemnity of at least one month's salary, and often damages for unfair dismissal.
Judges look at what the work actually looks like, not at the wording on the document. Three signals lead to reclassification as a permanent contract: a weekly pattern, a job matching a permanent position, and the absence of a written contract. Simply belonging to the hospitality sector is never enough on its own.
Watch out too for combinations with other jobs. An extra can work for several establishments, but the legal maximum of 48 hours a week applies across all employers combined. This pressure on recruitment remains one of the defining issues in the changes expected in 2026, alongside order-taking automation. Taking pressure off the service, for instance through digital ordering in fast food, is often cheaper than routinely bringing in extra staff.