The provision contract in temporary work
02 January 2024 · 2 min reading time
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See job offersThe provision contract (contrat de mise à disposition) holds an important place in the world of temporary work (intérim). It is a mechanism that allows companies to meet their staffing needs flexibly while offering temporary workers diverse opportunities. This article aims to clarify the mechanisms, rights, and obligations associated with this type of contract.
What is a Provision Contract?
A provision contract is a service agreement that formalizes the relationship between a temporary employment agency (the legal employer of the temporary worker) and a user company (the company where the temporary worker will perform their work). This contract is separate from the temporary employment contract (contrat de travail temporaire), which directly links the temporary worker to the temporary employment agency and the user company.
This contract is governed by strict rules to protect the rights of the temporary worker.
Key Elements of the Contract
Identification of the parties: The contract must clearly identify the temporary employment agency, the user company, and the temporary employee.
Reasons for recourse: The reasons why the user company resorts to temporary work.
Duration of the assignment: It specifies the duration of the assignment, which can be fixed or open-ended, with clauses for extension or early termination.
Job description: The contract details the tasks that the temporary worker is expected to perform, the qualifications required, and the working conditions.
Remuneration: It establishes the remuneration that the temporary employment agency will pay the worker based on the applicable scales within the user company.
Responsibilities and obligations: The document specifies the responsibilities of each party, particularly regarding training, safety, and compliance with labor standards.
How Does it Work?
The request: The user company expresses a specific staffing need.
The selection: The temporary employment agency selects a candidate matching the needs of the user company and establishes an assignment contract with the temporary worker.
The signing of the provision contract: The document, signed by the user company and the temporary employment agency, defines the terms of the assignment, including the duration, the position, the tasks to be performed, and the remuneration.
The assignment: The temporary worker works within the user company but remains an employee of the temporary employment agency.
The contract is drawn up by the temporary employment agency in consultation with the user company, taking into account the specific needs of the latter. Once drafted, the contract must be signed by the authorized representatives of the agency and the user company. The temporary employment agency then recruits and places the temporary worker within
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