When the assignment contract is concluded to replace an employee who is temporarily absent or whose employment contract has been suspended, or for a replacement carried out under 4° and 5° of Article L. 1251-6, the term of the assignment initially set may be postponed until the day after the day on which the person replaced returns to work.
When, at the end of an assignment, the employee does not immediately benefit from an employment contract of indefinite duration with the user company, he is entitled, by way of additional pay, to an end-of-assignment allowance intended to compensate for the precariousness of his situation. This indemnity is equal to 10% of the total gross remuneration due to the employee. The indemnity is added to the total gross remuneration due…
The end-of-assignment indemnity is not due: 1° When the assignment contract is concluded under 3° of article L. 1251-6 if an extended collective agreement between the professional organisations of employers and employees in the temporary work branch, or if an agreement or arrangement concluded within the companies or establishments in this branch so provides ; 2° When the assignment contract is concluded under Article L. 1251-57; 3° (Repealed) ; 4°…
When, at the end of an assignment, the user company offers the employee a permanent contract for the same or a similar job, without changing the place of work, it will notify the employee of this offer in writing. If the employee refuses, the user company informs Pôle emploi, providing proof that the job offered is similar. A decree by the Conseil d’Etat will set out the terms and conditions…
By way of derogation from the provisions of Articles L. 1251-12 and L. 1251-12-1 relating to the maximum duration of the assignment contract, when a temporary employee is exposed to ionising radiation and when, at the end of his assignment contract, this exposure exceeds the annual limit value for the duration of the contract, the temporary employment undertaking shall offer him, under the conditions provided for in the second paragraph…
The agreement or the extended branch agreement of the user company may set the maximum number of renewals possible for an assignment contract. This number may neither have the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company. The conditions for renewal are stipulated in the contract or are the subject of an amendment submitted to the employee before the…
In the absence of a stipulation in the agreement or branch agreement concluded in application ofarticle L. 1251-35, the assignment contract may be renewed twice for a fixed term which, added to the term of the initial contract, may not exceed the maximum term provided for in application ofarticle L. 1251-12 or, where applicable, article L. 1251-12-1. The conditions for renewal are stipulated in the contract or are the subject…
When an assignment contract expires, neither a fixed-term contract nor an assignment 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 assignment contract including, where applicable, its renewal(s). The days taken into account are the days on which the user company or establishment is open for business. Without…
In the absence of a stipulation in the branch agreement or agreement concluded pursuant toArticle L. 1251-36, this waiting period is equal to: 1° One third of the duration of the assignment contract that has expired if the duration of the contract, including, where applicable, its renewal(s), is fourteen days or more; 2° Half of the duration of the assignment contract that has expired if the duration of the contract,…
Without prejudice to the provisions ofarticle L. 1251-5, the agreement or the extended branch agreement of the user undertaking may stipulate the cases in which the waiting period provided for inarticle L. 1251-36 is not applicable.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
