How does a temporary work contract work?
21 November 2022 · 5 min reading time
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See job offersThe term "contrat en intérim" (temporary work contract) is another designation for the "contrat de travail temporaire" (CTT - temporary employment contract). In practice, a temporary work agency (called an Entreprise de Travail Temporaire) provides a temporary worker (intérimaire) to a company (called an Entreprise Utilisatrice - user company) for a fixed period.
This type of contract is extremely regulated. Furthermore, it must be distinguished from so-called "neighboring" contracts with which it is sometimes confused.
The Temporary Work Contract: A Temporary Work Assignment
The "contrat d'intérim" is a temporary employment contract. It is only valid within the framework of a temporary work assignment. While the temporary worker benefits from employee status during the execution of the employment contract, it nevertheless has specific characteristics.
The Provision of Temporary Workers Through the Use of an Approved Company
Temporary work (intérim) is strictly regulated in France. Only a temporary employment agency (ETT) can provide temporary workers to another company for profit. Moreover, temporary work agencies must devote themselves exclusively to this task, or even to the placement of employees.
To carry out this activity, they must make a declaration to the labor inspectorate.
Finally, the temporary work agency must provide a financial guarantee.
The Use of Temporary Work: A Regulated Activity
According to the Labor Code, a temporary worker can only be employed temporarily for a specific assignment. Moreover, this assignment can only occur in four cases:
- a replacement,
- seasonal employment,
- employment of customary use,
- in the event of a temporary increase in workload.
In the event of an infringement, the user company risks a criminal penalty.
Absolute Prohibitions on Using Temporary Employment Contracts
It is strictly forbidden to assign a temporary worker to a position that has recently been the subject of an economic layoff. The Labor Code prohibits the employment of a temporary worker to fill the position of a company doctor or to replace an employee on strike. Finally, a decree sets the list of dangerous jobs formally prohibited to temporary workers.
The Temporary Work Contract: A Tripartite Relationship Between the Temporary Worker, the Temporary Work Agency, and the User Company
The temporary work contract involves three entities:
- The temporary worker (l'intérimaire),
- The user company (l'entreprise utilisatrice),
- The temporary work agency (l'agence d'intérim).
They are linked by two contracts. One is signed between the temporary worker and their temporary work agency, the other between the temporary work agency and the user company.
The mission contract (contrat de mission) is the employment contract that links the temporary worker to their agency. It must be written, signed, and given to the temporary worker within two days of the start of the assignment. This contract should not be confused with registration with a temporary work agency. The latter is only intended to create a profile and associate administrative files with it. It only allows the company to know the workers wishing to conclude a temporary contract.
The Provision Contract Between the User Company and the Temporary Work Agency
The provision contract (contrat de mise à disposition) is the contract between the temporary work agency and the user company. The latter is the employer with whom the temporary worker carries out their activity. Although it concerns the employee, this contract is not to be given to them. However, it must be concluded for each employee. In addition, it must be formalized within two working days from the start of the provision.
How Does the Hiring of a Temporary Worker Take Place?
The hiring of a temporary worker is slightly different from that of an employee on a permanent (CDI) or fixed-term (CDD) contract. While the temporary employment contract is, in fact, a fixed-term employment contract (CDD), it does not follow the same rules, despite some similarities.
An Employment Contract Drawn Up by the Temporary Work Agency
The employment contract (contrat d'embauche) is drawn up by the temporary work agency. It is given to the employee within two working days of the start of the assignment. The employer with whom the temporary worker works simply provides them with work and integrates them into their teams.
The Content of the Temporary Work Mission Contract
This contract must include a certain number of details, including the nature of the assignment, its duration, and the worker's contact information. Remuneration must be mentioned, as well as any extension clause, known as "souplesse" (flexibility). A potential probationary period may be agreed upon. In addition, a temporary work contract can be concluded for a specific duration or take place over an indefinite period. This must be mentioned in the description of the assignment.
The contract must also mention the amount of the precariousness indemnity (indemnité de précarité), as well as the worker's qualification. Finally, all mandatory details of the provision contract must be included in the employee's mission contract.
The Course of the Temporary Worker's Assignment in the User Company
The temporary worker performs their employment contract like other employees of the company. As such, they have the same rights and obligations as other employees. However, the employer cannot ask them to exceed the scope of their assignment.
The Salary of the Worker on a Temporary Work Assignment
The temporary worker must benefit from the principle of equal treatment. This means that they receive the same remuneration as a permanent employee (CDI) in an identical job and with the same qualifications. They are entitled to the same salary-related benefits as other employees of the user company. In addition, the law stipulates that the worker holding a CTT benefits from the advantages of the collective agreement or the company agreement.
The Working Conditions of the Employee on a Temporary Employment Contract
During the term of their duties, the temporary worker is under the authority of the user company. Only the employer is responsible for the working conditions and the execution of the contract. They must ensure working hours, weekly rest, and the safety of the employee on a CTT. On the other hand, it is the temporary work agency's responsibility to comply with obligations regarding occupational medicine.
The Early Termination of a Temporary Employment Contract
It may happen that a temporary employment contract is subject to early termination. However, this type of termination is strictly regulated by law. Moreover, it is only possible in very specific cases.
The Termination of the Temporary Employment Contract at the Initiative of the Temporary Work Agency
The ETT can terminate the employee's contract. Generally, this is due to the fact that the user company is dissatisfied with the temporary worker's professional performance. In such cases, the temporary work agency must offer them other equivalent assignments. It is only exempt from this if the temporary worker has committed gross misconduct or in the event of force majeure.
The Termination of the CTT at the Initiative of the Employee
The temporary worker also has the right to terminate their contract. But here again, the law regulates this right. According to Articles L.1251-28 et seq. of the Labor Code, they must justify the conclusion of a permanent contract (CDI). Failing this, they will owe damages to the ETT. On the other hand, unless agreed with the agency, they must respect a notice period. This depends on the duration of the contract but cannot exceed two weeks.
The End of the Temporary Worker's Mission Contract
In principle, a temporary work assignment ends upon the arrival of its term. However, there may be difficulties, particularly in the case of replacing an employee. Thus, the mission contract can be extended by being renewed.
The Arrival of the Term of the Temporary Employment Contract
When the CTT is planned for a specific period, the arrival of the deadline terminates the contract. If the user company asks the employee to continue working without signing new assignments, the employee could have this contract reclassified as a CDI. Therefore, caution is advised.
The End-of-Contract Indemnity for Temporary Workers
When the temporary employment contract ends, the temporary worker is entitled to a paid leave indemnity. In addition, Articles L.1251-32 of the Labor Code provide for the payment of a precariousness indemnity (indemnité de précarité). This is 10% of the total remuneration obtained.
Nevertheless, the collective agreement or the branch agreement of the user company may eliminate this indemnity. The same applies in the case of certain contracts of customary use. Finally, this bonus is not due in the event of an extension of the CTT or if the employee is hired on a permanent contract (CDI).
Finally, temporary work assignments cannot include a prohibition on signing a CDI with the user company. Such a clause would be illegal.
The Renewal of the Temporary Employment Contract
Just like the classic CDD, the temporary work contract can be renewed. But here again, the law ensures that abuses are avoided. Maximum duration limits are set, as well as a waiting period (délai de carence).
The Waiting Period in the Context of a Temporary Work Contract
The waiting period for successive temporary work assignments is identical to that in force in the case of CDDs. It is equivalent to half the period of the CTT if the latter is less than or equal to two weeks. In other cases, the waiting period is one-third of the contract duration, including renewals. On the other hand, in the case of replacing an absent employee, there is no waiting period.
The Maximum Duration Limit of a CTT in Case of Renewal
The maximum duration of a temporary work contract is in principle 18 months. Nevertheless, this duration can go up to 36 months if it is coupled with a training cycle. In addition, the maximum period of this type of contract can be set by the collective agreement. It can thus set a maximum number of renewal cycles.
You now know everything about the different types of contracts concluded within the framework of temporary work. If this status interests you, do not hesitate to contact us!
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