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Article L1251-21 of the French Labour Code

For the duration of the assignment, the user company is responsible for the conditions under which the work is performed, as determined by the legal provisions and collective bargaining agreements applicable to the workplace. For the application of these provisions, the conditions under which the work is performed include, exhaustively, those relating to: 1° working hours ; 2° night work 3° Weekly rest and public holidays; 4° Health and safety…

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Article L1251-22 of the French Labour Code

The obligations relating to occupational medicine are the responsibility of the temporary employment agency. Except where the temporary work agency is covered by the agricultural scheme, employees are monitored by specifically approved occupational health and prevention services. Where the user undertaking has its own occupational health and prevention service, employees may be monitored by this service under an agreement with the temporary employment undertaking. When the activity carried out by…

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Article L1251-23 of the French Labour Code

Personal protective equipment is provided by the user undertaking. However, certain personalised personal protective equipment, defined by collective labour agreement, may be supplied by the temporary employment agency. Temporary employees must not bear the financial cost of personal protective equipment.

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Article L1251-24 of the French Labour Code

Temporary employees have access, in the user company, under the same conditions as the employees of that company, to the collective means of transport and the collective facilities, in particular catering facilities, available to those employees. Where additional expenses are incurred by the social and economic committee, these are reimbursed in accordance with the terms and conditions set out in the secondment contract.

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Article L1251-25 of the French Labour Code

At the request of a temporary employee who has been with the user company for at least six months, the user company will inform the temporary employee of any open-ended contract positions to be filled within the company. A decree will set the terms and conditions for the application of this article.

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Article L1251-26 of the French Labour Code

If a temporary employment agency terminates an employee’s contract of employment before the end of the term provided for in the contract, it will, except in cases of serious misconduct or force majeure, offer the employee a new contract of employment taking effect within a maximum of three working days. The new assignment contract may not include any changes to an essential element of the employee’s professional qualifications, remuneration, working…

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Article L1251-28 of the French Labour Code

Early termination of the assignment contract at the employee’s initiative entitles the temporary employment agency to damages corresponding to the loss suffered. These provisions do not apply when the employee can prove that a permanent employment contract has been concluded. Unless the parties agree otherwise, the employee is then required to observe a period of notice calculated on the basis of one day per week, taking into account : 1°…

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Article L1251-30 of the French Labour Code

The end of the assignment provided for in the secondment contract or set out in an amendment thereto may be brought forward or postponed at the rate of one day for every five days worked. For assignments of less than ten working days, this term may be brought forward or postponed by two days. Adjusting the term of the assignment may not have the effect of reducing the duration of…

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