I. – In the branches referred to in Article L. 1244-2-1, in the absence of collective bargaining agreements at branch or company level, the employer shall inform the employee with a seasonal employment contract, by any means that can be relied upon to provide a definite date, of the conditions under which his contract may be renewed before it expires. II. – In the branches mentioned in article L. 1244-2-1,…
When a fixed-term employment contract expires, neither a fixed-term contract nor a temporary employment contract may be used to fill the position of the employee whose contract has expired, before the expiry of a waiting period calculated on the basis of the duration of the contract including, where applicable, its renewal(s). The days taken into account to assess the period that must separate the two contracts are the days on…
In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-3, this waiting period is equal to: 1° One third of the duration of the expired contract if the duration of the contract including, where applicable, its renewal(s), is fourteen days or more; 2° Half of the duration of the expired contract if the duration of the contract including, where applicable, its…
Without prejudice to the provisions ofarticle L. 1242-1, an agreement or an extended branch agreement may stipulate the cases in which the waiting period provided for inarticle L. 1244-3 is not applicable.
In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-4, the waiting period does not apply: 1° Where the fixed-term employment contract is concluded to replace an employee who is temporarily absent or whose employment contract has been suspended, in the event of a further absence of the replaced employee; 2° When the fixed-term employment contract is concluded to carry out…
Any employment contract entered into in disregard of the provisions of Articles L. 1242-1 to L. 1242-4, L. 1242-6, L. 1242-7, L. 1242-8-1, L. 1242-12, first paragraph, L. 1243-11, first paragraph, L. 1243-13-1, L. 1244-3-1 and L. 1244-4-1, and of the stipulations of the agreements or branch agreements entered into in application of Articles L. 1242-8, L. 1243-13, L. 1244-3 and L. 1244-4, shall be deemed to be of indefinite…
When a request is made to the industrial tribunal to reclassify a fixed-term employment contract as an open-ended contract, the case is referred directly to the tribunal, which gives a decision on the merits of the case within one month of the request being made. If the industrial tribunal upholds the employee’s claim, it will award compensation, payable by the employer, of not less than one month’s salary. This provision…
In the entertainment, cultural action, audiovisual, film production and sound recording publishing sectors, the control agents mentioned in article L. 8112-1 as well as the agents of the Centre national du cinéma et de l’image animée, the regional cultural affairs directorates, the institution mentioned in article L. 5312-1 and the managing body of the unemployment insurance scheme shall provide each other, upon written request, with all information and documents required…
The trade union organisations that are representative in the company may take legal action on behalf of an employee, without having to prove that they have a mandate from the employee concerned. The employee is notified of this under conditions determined by regulation and must not have objected within a period of fifteen days from the date on which the trade union organisation notified him of its intention. The employee…
Any person who, contrary to article L. 1242-1, concludes a fixed-term employment contract whose purpose or effect is to permanently fill a job linked to the normal and permanent activity of the company, is liable to a fine of 3,750 euros. A repeat offence is punishable by a fine of 7,500 euros and six months’ imprisonment.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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