When you are a student, working alongside your studies is often a necessity. Whether it is to pay rent, cover everyday expenses or simply gain experience, many students turn to a student job. One term that often comes up is “student fixed-term contract”. Yet this expression is not always very clear.
Does a specific contract for students really exist? Can a student be hired on a fixed-term contract during the academic year as well as during the holidays? What rules should you know about the length of the contract, working hours or the end of the assignment?
In this article, we take a simple look at the student fixed-term contract to understand what it really covers and avoid confusion.
Does the student fixed-term contract really exist?
The student fixed-term contract is a widely used expression, but in reality, it is not a separate type of employment contract. Under employment law, there is no official category called a “student fixed-term contract”. However, a student can be hired on a standard fixed-term contract, provided the employer complies with the rules that apply to this type of contract.
In other words, being a student does not create a specific contract. What matters most is the type of contract signed and the reason why the employer is using it. A fixed-term contract cannot be used freely: it must correspond to a specific case, such as replacing an employee, a temporary increase in activity or seasonal work.
This is also why confusion is common. Many people use the term student fixed-term contract to refer to a job carried out during studies or during the holidays, even though in practice it may be a part-time fixed-term contract, a seasonal contract or even another type of contract depending on the situation. The word “student” therefore mainly describes the employee’s profile, not the legal nature of the contract.
In short, a student can absolutely work under a fixed-term contract, but they then benefit from the rules that apply to any employee on a fixed-term contract. Before signing, it is therefore important not to focus only on the wording used in a job offer or in everyday language, but to check the type of contract proposed, its duration and its reason.
Does a student fixed-term contract have to be written?
A student fixed-term contract must be formalised in writing. This rule applies to all fixed-term contracts, regardless of the employee’s status.
The contract must be given to the student within two working days of hiring. It must specify, in particular, the reason for using a fixed-term contract, the length of the contract, the position held and the working hours.
The absence of a written contract or of a mandatory clause may lead to the contract being reclassified as a permanent contract. It is therefore essential that the elements of the student fixed-term contract are clearly defined from the start of the employment relationship.
Can you work under a student fixed-term contract during the academic year?
Yes, a student can be hired on a fixed-term contract during the academic year. In this case, the contract is generally part-time so that the student can continue their studies.
The student may work in the evening, at weekends or on adjusted working hours. The aim is to combine professional activity with education.
Working hours must remain compatible with university obligations. The employer must also comply with the rules relating to maximum working hours.
In which cases can an employer offer a fixed-term contract to a student?
An employer can offer a fixed-term contract to a student, but not simply because they are a student. The use of fixed-term contracts is strictly regulated by the French Labour Code.
Article L1242-1 states that a fixed-term contract cannot have the purpose or effect of permanently filling a job linked to the company’s normal and ongoing activity. The authorised cases are then listed in Article L1242-2, which allows a fixed-term contract to be concluded, in particular, to replace an absent employee, respond to a temporary increase in activity or fill a seasonal job.
A student can therefore be recruited on a fixed-term contract, but only if the employer falls within one of the reasons provided by law.
What salary for a student fixed-term contract?
The salary for a student fixed-term contract depends on the position held, the number of hours set out in the contract and the employee’s age. A student must be paid at least the minimum wage or the salary provided for by the collective agreement if it is more favourable. Being a student does not allow an employer to pay below the legal minimum.
A reduction in the minimum wage may, however, apply to minor employees. This reduction depends on the student’s age and no longer applies if they have at least six months of professional experience in the sector.
Before the age of 16, work is in principle prohibited. However, it is possible from the age of 14 during school holidays, under certain conditions and with the approval of the labour inspectorate. In this case, the minimum pay generally corresponds to 80% of the minimum wage, as it does for employees under 17. This therefore concerns young people aged 14 and 15 who work during their holidays.
Between 16 and 17, the minimum wage may also be set at 80% of the minimum wage. Between 17 and 18, the minimum pay may be set at 90% of the minimum wage. From the age of 18, the student must be paid at least the full minimum wage.
The final amount then depends on the working hours set out in the student fixed-term contract. A part-time contract will result in pay proportionate to the hours worked, while a full-time contract will be paid on a full-time basis.
Example calculation for a student fixed-term contract at 16 and 17
Let’s take a student fixed-term contract of 20 hours per week, with a gross hourly minimum wage of €12.31.
For a 16-year-old student, pay may be set at 80% of the minimum wage:
€12.31 × 80% = €9.85 gross per hour
€9.85 × 20 hours × 4.33 weeks = approximately €853.01 gross per month
For a 17-year-old student, pay may be set at 90% of the minimum wage:
€12.31 × 90% = €11.08 gross per hour
€11.08 × 20 hours × 4.33 weeks = approximately €959.53 gross per month
The difference between the ages of 16 and 17 is therefore linked to the reduced minimum wage, which moves from a 20% reduction to a 10% reduction.
What are the advantages of a student fixed-term contract?
A student fixed-term contract first allows students to work for a defined period. For a student, this is often easier to manage than a long-term commitment. The contract has an end date planned from the start, which makes it easier to plan ahead and adapt the schedule to classes, exams or internships.
Another advantage is that this type of contract is often used for short-term needs. It can therefore be offered during school holidays, in summer or for only a few weeks. This makes it possible to earn an income without necessarily having to work throughout the year, which is more compatible with the rhythm of studies.
A student fixed-term contract can also be a first professional experience. Even over a short period, it allows students to discover a working environment, learn how to organise themselves and start building their CV. These assignments may then make it easier to access other jobs, sometimes within the same company.
Finally, the student fixed-term contract remains a standard employment contract. The student therefore benefits from regulated pay, a written contract and the rights associated with employee status. It is a simple solution for working occasionally while continuing to study.
How many hours can a student work under a fixed-term contract?
A student on a fixed-term contract can work part-time or full-time, depending on the contract proposed and their personal organisation. In most cases, the student fixed-term contract is part-time in order to make it easier to combine work and studies. Working hours may then be scheduled in the evening, at weekends or during periods without classes.
When a fixed-term contract during school holidays is concluded for a period when the student is fully available, it may, however, be full-time. The student is then subject to the same rules as other employees, with the legal working time set at 35 hours per week, unless specific provisions are provided by the company or the collective agreement.
In all cases, working hours must remain compatible with the regulations applicable to employees, particularly regarding maximum daily and weekly working hours. The contract must also specify the number of hours planned per week, especially when it is a part-time fixed-term contract.
Is the end-of-contract bonus paid for a student fixed-term contract?
At the end of a fixed-term contract, an end-of-contract bonus is normally paid to the employee. It most often corresponds to 10% of the total gross pay received during the contract. The student fixed-term contract follows the same rule, but with one important exception.
When the fixed-term contract is concluded during school or university holidays, the end-of-contract bonus, also known as the precariousness allowance, is not due. This is a common situation, particularly for summer jobs or temporary reinforcements during holiday periods.
However, if the student works under a fixed-term contract during the academic year, the bonus may be paid under the usual conditions. It therefore depends on the period of the contract and the context in which it is signed.
How to end a student fixed-term contract?
A student fixed-term contract normally ends on the date set out in the contract. Unlike a permanent contract, it cannot be freely terminated before its end date. The principle is simple: the contract must run until its agreed term.
There are, however, a few exceptions. The student may terminate their fixed-term contract if they find a permanent contract. In this case, they must comply with a notice period, the length of which depends on the time already worked. The contract may also be terminated by mutual agreement between the employer and the student.
Finally, a student fixed-term contract may be terminated early in cases of serious misconduct, force majeure or incapacity confirmed by the occupational physician. Outside these situations, the contract must run until the date initially planned.