When a user undertaking has recourse to an employee of a temporary employment undertaking in breach of the provisions of articles L. 1251-5 to L. 1251-7, L. 1251-10, L. 1251-11, L. 1251-12-1, L. 1251-30 and L. 1251-35-1, and of the stipulations of the agreements or branch agreements concluded pursuant to Articles L. 1251-12 and L. 1251-35, this employee may claim from the user undertaking the rights corresponding to an open-ended employment contract taking effect on the first day of his assignment.
Failure to comply with the obligation to send the assignment contract to the employee within the time limit set by Article L. 1251-17 will not in itself result in the contract being reclassified as an open-ended contract. It entitles the employee to compensation, payable by the employer, which may not exceed one month’s salary.