Temporary work: which collective bargaining agreement?
10 February 2025 · 5 min reading time
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See job offersWhen a temporary worker joins a company for an assignment, a question often arises: which collective bargaining agreement actually applies? On the one hand, they depend on the National Collective Bargaining Agreement for Temporary Employment Agencies (CCN ETT – IDCC 2378), since their official employer remains the temporary employment agency. On the other hand, they work within a user company governed by its own collective bargaining agreement. Should one then refer exclusively to the temporary work CCN, or do certain rules of the host company also apply?
In this article, we clarify the coexistence of these two agreements so that you know exactly which rights and benefits apply to you.
Understanding the Legal Framework for Temporary Workers
The role of the temporary work collective bargaining agreement (CCN ETT – IDCC 2378)
The national collective bargaining agreement (CCN) for temporary work governs the rights and obligations of temporary workers as well as temporary employment agencies. Unlike a traditional agreement, it takes into account the specific nature of the status of temporary workers, who alternate between assignment periods and inter-assignments. It sets the rules regarding remuneration, working hours, social protection, and training, thus guaranteeing a more secure framework for employees in the sector.
It is therefore the legal reference that applies to all temporary workers and the temporary employment agencies that employ them. It defines in particular:
- The nature of the contract: its specificities (start and end dates of the assignment, reasons for use, etc.).
- Remuneration: how it is calculated and any allowances (end-of-assignment bonus, ICP, etc.).
- Social protection: the conditions of coverage in the event of illness, accident, or unsuitability for work, as well as entitlement to supplementary benefits.
- Training: the possibilities for skills development during and between assignments (via schemes such as the Personal Training Account, access to qualifying training, etc.).
Clearly, the CCN ETT serves as the basis for your working relationship with the temporary employment agency. It governs most of the rules that apply to your contract and guarantees a certain level of protection and benefits.
Does the user company's collective bargaining agreement apply to temporary workers?
Yes and no. As a temporary worker, your reference agreement is the National Collective Bargaining Agreement for Temporary Employment Agencies (CCN ETT - IDCC 2378). But when you carry out an assignment in a user company, certain rules of its own collective bargaining agreement may also concern you.
Which elements of the user company's agreement may apply to temporary workers?
If the user company applies a collective bargaining agreement specific to its sector (construction, logistics, industry, commerce, etc.), some of its provisions may be extended to temporary workers. This mainly concerns:
- Specific bonuses: some companies provide bonuses for particular working conditions (cold bonus for refrigerated warehouses, hazardous work bonus, unsanitary conditions bonus, meal allowance, etc.). The temporary employee may be entitled to these, provided that these bonuses are paid to permanent employees for the same tasks.
- Collective benefits: if the company offers its employees benefits such as access to a canteen, reimbursement of transport costs, or travel allowances, these rights may also be granted to temporary workers on assignment.
- Safety rules and equipment: the company must guarantee temporary workers the same safety conditions as its permanent employees. This implies access to personal protective equipment, safety training, and instructions specific to the job.
- Working hours and rest periods: some collective bargaining agreements provide specific conditions for break times, night work, or weekends. A temporary worker who works the same hours as a permanent employee must benefit from the same rights.
Clearly, you are primarily covered by the temporary work agreement, but you can benefit from certain advantages linked to that of the company hosting you.
How do I know which collective bargaining agreement applies to me?
To find out your collective bargaining agreement, there are several solutions:
- Check your assignment contract: The applicable agreement is usually mentioned there.
- Look at your payslip: The IDCC code (Collective Bargaining Agreement Identifier) is often indicated there. For temporary workers, this will in principle be IDCC 2378.
- Consult your temporary employment agency: Your legal employer is the agency, so they can provide you with this information.
- Search online: By entering the IDCC code from your payslip on the website of the Official Journal (Journal Officiel) or Légifrance, you can access the official text of your collective bargaining agreement.
Labor Code vs. Temporary Work Collective Bargaining Agreement (CCN ETT): Comparison of Rights and Benefits for Temporary Workers
To fully understand the impact of the National Collective Bargaining Agreement for Temporary Employment Agencies (CCN ETT – IDCC 2378) on your daily life as a temporary worker, it is essential to compare its provisions with the general rules of the Labor Code. In what follows, we detail point by point the differences and specificities that apply, from the probationary period to the termination of the contract. This analysis will allow you to better understand how the CCN ETT reinforces certain rights and guarantees equal treatment with the permanent employees of the user company.
1) Probationary Period
General legal framework
The Labor Code defines maximum probationary periods, adapted to the type of contract (CDI, CDD) and status (blue-collar/white-collar worker, supervisor, or executive). In a CDD, the probationary period cannot exceed a certain number of days, proportional to the total duration of the contract.
Specifics for temporary work
In temporary work, the CCN ETT does not set a single duration. The principle of equal treatment is mainly applied: the probationary period of a temporary worker must not exceed that provided for a permanent employee performing the same function in the user company. The assignment contract generally specifies the exact duration of this period.
2) End of Contract and Allowances (Dismissal, Precariousness)
General legal framework
The Labor Code notably governs dismissal, resignation, or mutual termination, and provides for a statutory severance pay if the employee meets certain seniority conditions. In a CDD, we rather speak of a precariousness bonus (prime de précarité) when the contract comes to an end.
Specifics for temporary work
For temporary workers, the employment relationship most often ends at the end of the assignment. We then speak of an end-of-assignment indemnity (IFM) most often corresponding to 10% of the total gross salary (and not a classic dismissal). Furthermore, if the user company hires the temporary worker on a permanent contract (CDI) at the end of their assignment, the IFM is generally not due.
3) Various Bonuses
General legal framework
Apart from company agreements, the Labor Code does not make the granting of specific bonuses such as the 13th month, meal allowances, or unsanitary conditions bonuses mandatory. These benefits are often negotiated either by collective agreement or by custom.
Specifics for temporary work
The CCN ETT does not impose additional bonuses by default. However, the temporary worker must benefit from the same bonuses as permanent employees for an equivalent position and conditions (cold bonus, team bonus, risk bonus, etc.). This equal treatment is a fundamental principle, as long as the bonus is not linked to seniority.
4) Sick Leave
General legal framework
The employee receives daily allowances (IJ) from Social Security after a 3-day waiting period, except for exceptions (such as a workplace accident). Salary supplements (partial or total maintenance) depend either on the law or on a collective agreement, depending on seniority.
Specifics for temporary work
The temporary worker benefits from the same Social Security daily allowances as any employee. The CCN ETT may provide for a supplementary benefit scheme that pays a salary supplement, under certain conditions. In addition, if the user company fully maintains the remuneration of its own employees from the first day of absence, the temporary worker can also claim this, in the name of equal treatment.
5) Overtime
General legal framework
Overtime hours are increased: +25% for the first eight hours beyond the legal weekly working hours, then +50%. Collective agreements may however improve these rates. The Labor Code also sets an annual quota (220 hours in principle).
Specifics for temporary work
The user company decides to use overtime, but it is the temporary employment agency (legal employer) that makes the payment. The overtime rates applied to the temporary worker must be at least equivalent to those granted to permanent employees in the same situation (position, hours, etc.).
6) Family Events
General legal framework
The Labor Code grants a certain number of days of leave for marriage, birth, death of a close relative, etc. The legal minimum durations are, for example, 4 days for a marriage or 3 days for a birth.
Specifics for temporary work
The CCN ETT often aligns with these obligations, but equal treatment may grant more days if the user company grants additional leave. The temporary worker must contact their temporary employment agency to formalize the taking of leave, even if they also inform the company where they work.
7) Paid Leave
General legal framework
Every employee accrues 2.5 working days of paid leave per month of actual work (i.e., 30 working days per year). A CDD employee can either take their leave during their contract or receive a compensatory allowance at the end.
Specifics for temporary work
The ICCP (Compensatory Allowance for Paid Leave) generally represents 10% of the total gross remuneration received. It is most often added at the end of the assignment, at the same time as the IFM.
8) Break Times
General legal framework
The Labor Code requires a minimum break of 20 minutes as soon as the employee has worked 6 consecutive hours.
Specifics for temporary work
The CCN ETT does not establish more specific rules than the law. Nevertheless, if the permanent employees of the user company benefit from longer or paid breaks, the temporary worker must also benefit from them, insofar as they hold a similar position.
9) Right of Withdrawal
General legal framework
Any employee can interrupt their work in the event of a serious and imminent danger to their health or safety, according to Article L4131-1 of the Labor Code.
Specifics for temporary work
The CCN ETT does not provide anything beyond the legislation in force. The temporary worker therefore has the same rights and the same obligations as any employee to assert this right of withdrawal.
10) Termination of the Contract Outside the Term
General legal framework
In a CDI, the terms of termination (dismissal, resignation, mutual termination) are governed by law. In a CDD, the contract can only be terminated before the expiry date in the event of gross misconduct, force majeure, mutual agreement, or hiring on a CDI.
Specifics for temporary work
The temporary work contract, being a fixed-term contract for a specific assignment (CDD de mission), normally ends on the fixed date. Early termination is only possible in similar cases (gross misconduct, unsuitability for work, hiring, etc.). It is the temporary employment agency, as the legal employer, that handles the formalities and the possible payment of compensation.
In summary, the CCN ETT (IDCC 2378) does not rewrite the Labor Code but reinforces certain rights and, above all, ensures respect for equal treatment with the permanent employees of the user company. The main advantages for the temporary worker concern the end of the assignment (precariousness indemnity), flexibility in the case of bonuses or benefits existing in the company, and access to a specific supplementary benefit scheme. For all these reasons, it is essential to read your assignment contract carefully and to inquire with the temporary employment agency for any question related to salary, absences, or early termination of the contract.
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