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Temporary (temporary) employment contract

Verified 16 August 2021 - Legal and Administrative Information Directorate (Prime Minister)

Non-presentation of the sanitary pass

As of August 30, 2021, in some occupations, the employee must be able to present a sanitary to go to his place of work. In the absence of such proof, the employer may suspend the employee's employment contract. This suspension is accompanied by the interruption of the payment of the salary. The suspension ends as soon as the employee submits the required supporting documents.

These are the provisions of Act No. 2021-1040 of 5 August 2021 on the management of the health crisis .

The acting assignment shall be for a period specified in the employment contract and shall not exceed the statutory maximum duration, which shall vary according to the nature of the assignment. During the mission, the acting employee shall enjoy the same rights as other employees. The acting employee shall receive a precarious allowance and a holiday allowance paid at the end of his mission. The mission contract may be terminated, subject to conditions.

Content

The acting employee shall sign a mission contract with the temporary company of work.

A contract of supply shall be concluded between the temporary company of work and the company where the temporary agency carries out its mission.

The assignment contract must be written and signed by the employee.

The contract shall be forwarded to the employee no later than business days following its availability.

It must contain the following information:

  • Resumption of references to the contract of supply (concluded between the temporary company of work and the company where the temporary agency carries out its mission)
  • Employee professional qualification
  • Conditions of pay (payment frequency)
  • Duration of test period
  • Name and address of the supplementary pension fund and the welfare agency responsible for the temporary company of work
  • Clause stating that at the end of the assignment, hiring by the user company is not prohibited
  • Provision that repatriation is the responsibility of the temporary company of work (if the mission is outside the metropolitan area)

FYI  

if not written and signed, the contract may be qualified in CDI.

Contract with specific term

An acting assignment has a specific term when the contract provides for a firm due date.

A specific term is required in the following 2 situations:

  • The contract is intended to provide for the replacement of an employee who has been temporarily part-time
  • The contract is intended to provide for the replacement of an employee who has left permanently before the termination of his position
  • The contract is intended to ensure a temporary increase in the company's activity

Please note

no minimum contract duration is to be provided, except in the case of an exceptional export order (the initial contract duration may not be less than 6 months).

Contract without term

The contract is not necessarily subject to a specific term when the acting party intervenes in the following cases:

  • Replacing an absent employee
  • Replacement of an employee whose employment contract is suspended
  • Waiting for a permanent employee to arrive
  • Seasonal employment (e.g. crops)
  • Employment that excludes the use of a CDI (e.g. moving or hotel sectors)
  • Replacement of a company, farm manager or person engaged in a business (or absent spouse when actively engaged in the business of the company or business)

In one of these cases, the termination of the contract of mission shall be provided at the end of the absence of the person replaced or at the completion of the object for which the contract was concluded.

FYI  

the contract without a specific term shall be concluded for a minimum period to be fixed freely.

The maximum duration of the acting contract varies according to the nature of the mission, including renewal.

Maximum duration of acting contract

Nature of the mission contract

Maximum duration (including renewal)

Replacing an absent employee

18 months

Replacement of an employee whose employment contract is suspended

18 months

Replacement of a temporary part-time employee

18 months

Seasonal employment

18 months

Employment excluding use of a CDI

18 months

Replacement of a self-employed person (Head of company, Head of Farm, Professional)

18 months

Temporary increase in activity

18 months

Exceptional export order

24 months

Mission to foreigner

24 months

Replacement of a departed employee prior to the permanent removal of his or her position

24 months

Implementation of urgent work for security measures

9 months

Acting while waiting for an employee to arrive in CDI

9 months

Learning Cycle

36 months

The mission contract may include a trial period.

The duration of the trial period shall be determined by collective agreement or collective agreement.

In the absence of agreement or agreement, the maximum duration of the test period depends on the duration of the contract.

Contract less than 1 month

The test period is 2 days maximum.

1-2 month contract

The test period is 3 days maximum.

Contract for more than 2 months

The test period is 5 days maximum.

Regardless of the term (specific or not), the contract may be renewed twice if the total duration of the contract, taking into account the renewal, does not exceed the maximum authorised duration.

The conditions for such renewal must be laid down in a clause inserted in the employment contract or in attractive proposed to the employee before the original term.

The acting employee shall enjoy the same rights as the other employees of the company throughout his or her mission (catering, transport ...).

The temporary agency worker shall receive a salary under the same conditions as the other employees of the company where he carries out his mission.

The interim shall receive at least:

  • the salary which could be received by another company employee with equivalent qualifications and work position (after a trial period),
  • any bonuses and wage accessories for equivalent qualifications and posts.

Holidays must be paid to the acting employee, without any condition of seniority, if the other employees of the company benefit from this payment.

FYI  

in the construction or public works sector, the temporary assistance allowance (work stoppage due to the weather) must be paid to temporary workers on the same basis as other employees and without any conditions of seniority.

Terms

At the end of each mission, the employee must receive, in addition to his or her salary, an end-of-mission allowance, more often called precariousness premium.

However, payment of this premium shall not be due where:

  • Conclusion of a CDI with the user company immediately after the completion of the mission
  • Additional vocational training provided to the employee by the user company at the end of the mission
  • Early termination of the employee-initiated contract
  • Contract for gross or force
  • Seasonal contract (if the agreement or agreement applicable in the company does not provide for termination compensation)

Amount

The amount of the allowance shall be at least equal to 10% gross total compensation, including contract renewal.

Payment

The precarious pay is paid at the end of each mission and at the same time as the last salary due.

Please note

the amount of this premium is shown on the last pay slip.

The temporary employee shall be entitled to a compensatory holiday allowance for each mission he carries out, regardless of its duration.

Amount

The amount of the compensatory holiday allowance shall be calculated:

  • depending on the duration of the mission,
  • without being less than 10%of the acting employee's gross total remuneration (including termination pay).

Some absences are taken into account during the mission:

  • Maternity and adoption leave
  • Work stoppages due to accident at work or occupational disease, up to a continuous period of one year
  • Reminder periods under flags if the starting point of these periods occurs during a mission

Payment

The allowance is paid at the end of the mission.

End of Mission

General case

In the absence of a post-mission appointment, the employee is entitled to a termination allowance to compensate for the precarious situation.

The employer must provide the employee with the following documents:

Employee Hiring

At the end of the mission, the employee made available may be hired by the user company.

In this case, the duration of the missions carried out within this company during the 3 months preceding recruitment shall be:

  • taking into account for the calculation of the employee's seniority
  • and deducted from the test period, if the new contract provides for one.

FYI  

if the user company makes a temporary employee work after the end of his or her mission without a contract, the judge may reclassify the mission contract into an indefinite contract (permanent contract).

Deficiency time

In the absence of contrary provisions in the collective agreement or branch agreement, when the contract of mission ends, a waiting period dialogue box. A deadline must be met before using a new mission contract or a DDC on the same workstation.

The calculation method varies according to the duration of the contract, under the following conditions:

  • For contracts of at least 14 days, the time limit shall be set at one third of the duration of the previous contract (renewal included).
  • For contracts less than 14 days, it shall be half the duration of the previous contract (renewal included).

The duration of the contract shall be assessed by calendar days, but the waiting period shall be counted in the opening days of the establishment concerned.

In the absence of any contrary provisions in the collective agreement or a branch agreement, the waiting period shall not apply in the following cases:

  • New absence of the replaced employee, if the mission contract is concluded in place of a temporarily absent or suspended employee
  • Seasonal or non-permanent employment
  • Emergency work required by security measures
  • Early termination of the employee-initiated contract
  • Refusal by the employee to renew his contract (time not taken into account for the duration of the contract not renewed)
  • Contract for the replacement of a farm manager, a family helper, a business partner or their spouse
  • Contract concluded for the replacement of a professional, industrial or commercial head of company, a professional person, his or her spouse or a non-employed partner of a professional civil business, a civil business of means or a business of liberal practice

Employer-initiated break

The employer who breaks the contract of employment must propose to the employee a new contract of employment which takes effect within a maximum period of 3 days once the break is made.

The new mission contract may not include changes to an essential element in terms of professional qualifications, remuneration, working hours and transport times.

If the new contract is for a shorter period than that remaining under the previous contract, the employer must pay the employee compensation. This allowance is equal to the remuneration he would have received up to the end of the contract, including the termination allowance.

Please note

the employer may terminate the contract of employment without any special obligations to the acting employee during the test period, where gross of the employee or force. In these cases, the employer is not required to propose a new employment contract to the employee.

Employee-initiated break

The assignment contract may be terminated early by the employee in the following cases:

  • During test period without special reason
  • Employee employment made available for an indefinite contract
  • Major Force

Please note

if the employee breaks the contract after the trial period and outside the authorised cases, he may be ordered by the judge to pay his employer damages.

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