The advantages of flexibility in the temporary work contract"
06 November 2023 · 4 min reading time
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See job offersFlexibility: A Major Advantage of Temporary Work
Temporary work offers numerous advantages for companies, one of the most significant being the ability to benefit from flexibility. But what does this notion consist of, and how can it be an asset for businesses?
Understanding Flexibility in the Temporary Work Contract
Flexibility, as defined by Article L1251-30 of the French Labor Code, allows for adjusting the scheduled end date of the provision contract, based on the number of days worked.
📣 The rule: For every five days of work, one day of flexibility is granted. In the case of assignments shorter than ten days, the flexibility period is two days.
When used to extend the assignment, it is called positive flexibility, while using it to end the assignment before the scheduled date is considered negative flexibility.
Conditions and Operation of Flexibility
To benefit from flexibility, certain conditions must be met:✅ The possibility of using flexibility must be explicitly mentioned in the assignment contract and in the provision contract, signed between the temporary employment agency (ETT) and the user company.✅ The end date of the assignment must be clearly specified in the employment contract.
☝️Good to know: Only the user company can invoke flexibility. If the temporary worker refuses, it will be considered a breach of contract, resulting in the loss of their end-of-assignment indemnity (IFM).
Once the assignment and provision contracts are signed, no additional signature is required if the user company decides to use flexibility.
📣 Attention: It is important to emphasize that flexibility cannot reduce the duration of the assignment by more than 10 days. If the user company decides to use flexibility, the temporary work contract cannot be renewed, unless this was agreed upon before the flexibility period was invoked.
☝️Good to know: The maximum duration of the temporary work assignment depends on the reason for recruitment (replacement, peak activity, etc.) and cannot be exceeded through flexibility.
The Specific Case of Flexibility During a Replacement
Article L1251-31 of the French Labor Code specifies that when an assignment contract is established to replace a temporarily absent employee, on leave, or with a suspended contract, the initially scheduled end date of the assignment can be postponed until the day after the replaced person returns to their position.
Flexibility in the temporary work contract offers the user company great flexibility and real-time adaptability according to its specific needs, without requiring additional administrative procedures.
🚀 This is a major asset that allows for efficient management of human resources and the ability to cope with fluctuations in activity!
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