An employee dismissed by her temporary agency and temporary work company is taking legal action to have her temporary assignments reclassified as a permanent contract (CDI). The user company contends that requalification as a permanent contract must be excluded because the temporary worker cannot be bound by two separate contracts for the same work.

The Court of Appeal upholds the employee’s application and condemns the user company. It notes that temporary assignments may be reclassified as permanent contracts where their purpose or effect is to "provide a permanent job related to normal and permanent activity". For her, the employee can claim compensation for unjustified breaks from both the user company and the temporary agency if the contracts do not have the same purpose. The user company is appealing to the Court of Cassation.

The Court of Cassation follows the Court of Appeal. In its view, where the contract of employment has the effect of permanently filling a post, the temporary assignment may be reclassified as a permanent contract. The employee can therefore assert the rights corresponding to a CDI with the user company.

Thus, the termination of contractual relations at the end of a mission entitles the holder to compensation for wrongful termination of a DTA.

The Court adds that those allowances are cumulative with the compensation obtained from the temporary agency for the same breach, since the subject-matter of the contracts is not the same.