Paid leave for temporary workers: rights and calculation
29 September 2023 · 5 min reading time
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See job offersThe issue of paid leave for temporary workers can seem complex, but don't worry: as a temporary worker, you are entitled to paid leave. However, the temporary work contract involves certain specific features.
Staffmatch explains everything you need to know about paid leave for temporary workers.
Am I Entitled to Paid Leave as a Temporary Worker?
Yes, as a temporary worker, you are entitled to paid leave. Like any employee, you are entitled to 5 weeks of paid leave per year. However, it is rare to take leave during a short-term temporary assignment, but it is possible within the framework of a long assignment or a permanent temporary contract (CDII).
As a temporary worker, you accrue 2.5 working days of leave per month, which is 30 working days per year.
You accrue paid leave from your first day of work as a temporary worker, and you can consult your leave balance on your payslip.
As a temporary worker, you can choose between:
If you take leave, it will be deducted directly from your ICCP and will be indicated on your payslip.
☝️Good to know:
RTT (Reduction of Working Time) are additional days or half-days of rest for employees who work more than 35 hours per week.
If you work more than 35 hours per week, you may be entitled to RTT if this is provided for in the company's collective agreement.
Can I Have RTT as a Temporary Worker?
RTT are additional days or half-days of rest for employees who work more than 35 hours per week.
If you work more than 35 hours per week, you may be entitled to RTT if this is provided for in the company's collective agreement.
The Compensatory Allowance for Paid Leave (ICCP) Explained in Detail
If you do not take paid leave, you are entitled to a bonus called the compensatory allowance for paid leave (ICCP).
The ICCP corresponds to 10% of the total gross remuneration (including IFM) minus any leave taken. The ICCP is paid directly to you at the end of your assignment by your user company, and it is due even in the event of early termination of the contract.
If you want to calculate your ICCP:Concrete example: A temporary worker receives a total gross salary (including IFM) of €14,355 over the entire duration of a long assignment. The temporary worker did not take any leave.The ICCP corresponds to 10% of the total gross remuneration.📣 To simplify: (Total gross remuneration) / 10 = ICCP14,355 / 10 = €1,435.5The temporary worker will therefore have received an ICCP equivalent to €1,435.5.
Now, let's imagine that the temporary worker took 2 weeks of leave for a duration of 30 working days, i.e., 12 days.In this case, you need to multiply their basic ICCP by the days taken over the duration of the 30 working days, in this case, 12 days of leave. To find out the amount of their ICCP, you then need to deduct this amount from the total of their basic ICCP.📣 To simplify: (Basic ICCP) x (days of leave taken / days of leave the employee is entitled to) = Amount to deductConcrete example:(€14,355 / 10) x (12 / 30) = €574.2📣 Then €574.2 will be deducted from their ICCP: (Basic ICCP) - (Amount to deduct) = ICCP€1,435.5 - €574.2 = €861.3At the end of their assignment, the temporary worker will therefore receive an ICCP equivalent to €861.3.
Paid Leave and Permanent Temporary Contract (CDII): A Special Case
While temporary assignments are the most popular, another type of contract is possible in temporary work: the permanent temporary contract (CDII).
The operation of the CDII is specific and allows you to benefit from all the flexibility of temporary work with the advantages of a classic permanent contract (CDI).
If you opt for this type of contract, the request and taking of paid leave are governed by the same rules as a classic permanent contract (CDI). For the same reason, temporary workers on a CDII do not benefit from the payment of their ICCP at the end of the assignment.
And Public Holidays in Temporary Work... How Does it Work?
Based on the principle of equality, a temporary worker has the same rights and enjoys the same benefits (such as meal vouchers, public transport, or any additional bonuses) as an employee on a permanent (CDI) or fixed-term (CDD) contract within the user company.
This principle also applies to public holidays. It should be noted that the only public holiday that is obligatorily off and paid is May 1st, and that no seniority condition can be applied to temporary workers to benefit from the payment of public holidays.
Outside of this date, it is possible for the temporary worker to work on a public holiday if the user company remains open. However, if the company grants bridge days (making a long weekend) or paid public holidays to its permanent employees, the temporary worker also benefits from this, provided that there is an established recurrence of their work schedule.
To better illustrate this point, imagine that Jean is a temporary worker who works regularly from Monday to Friday at a client's site. A public holiday falls on a Tuesday. As the public holiday falls on a regular and predictable working day, the Tuesday public holiday will be paid to him.
In contrast, his colleague Jeremy, also a temporary worker, works sporadically within the same temporary employment agency, meaning there is no recurrence. The public holiday that falls on Tuesday will not be paid to him, as it cannot be determined whether it is a day he would usually work.
📣 Reminder of the public holidays provided for by the French Labor Code:
- January 1st (New Year's Day)
- Easter Monday
- May 1st (Labor Day)
- May 8th (Victory Day)
- Ascension Day
- Whit Monday
- July 14th (Bastille Day)
- August 15th (Assumption Day)
- November 1st (All Saints' Day)
- November 11th (Armistice Day)
- December 25th (Christmas Day)
☝️Small plus: The overseas departments have an additional public holiday that corresponds to and commemorates their date of abolition of slavery.
Whether you opt for a well-deserved vacation or prefer to take advantage of your ICCP, Staffmatch remains at your disposal for any questions at 01 88 24 35 00 or by email at equipe@staffmatch.com.
🚀 Stay connected for more advice and news on temporary work: https://staffmatch.com/blog/en/category/conseils/
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