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Article L1251-59 of the French Labour Code

Representative trade union organisations may bring all legal actions resulting from the application of this chapter on behalf of an employee without having to provide proof of a mandate from the person concerned. The employee is notified under conditions determined by regulation and must not have objected within fifteen days of the date on which the trade union organisation notified him of its intention. The employee may always intervene in…

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Article L1251-60 of the French Labour Code

Legal persons governed by public law may call upon the employees of these companies for non-permanent tasks, known as missions, in the following cases only: 1° Temporary replacement of a member of staff due to sick leave, maternity leave, parental leave or parental presence leave, temporary part-time work, participation in activities as part of an operational, health, civil or other reserve, or performance of civil or national service, recall or…

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Article L1251-61 of the French Labour Code

Employees made available by a temporary employment agency to a public legal entity are subject to the rules governing the organisation and operation of the department in which they work and to the obligations imposed on all public employees. They benefit from the protection provided by article 11 of law no. 83-634 of 13 July 1983 on the rights and obligations of civil servants. They may not be entrusted with…

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Article L1251-62 of the French Labour Code

If the legal entity governed by public law continues to employ an employee of a temporary employment agency after the end of his assignment without having concluded a contract with him or without a new assignment contract, this employee is deemed to be linked to the legal entity governed by public law by a three-year fixed-term contract. In this case, the employee’s seniority is assessed from the first day of…

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Article L1252-1 of the French Labour Code

The purpose of timeshare is to make an employee available by a timeshare company to a user customer to carry out an assignment. Each assignment gives rise to the conclusion of : 1° A provision contract between the timeshare company and the user client, known as the “user company”; 2° an employment contract, known as a “timeshare contract”, between the employee and his employer, the timeshare company.

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Article L1252-2 of the French Labour Code

A timeshare contractor is any natural or legal person whose sole activity, notwithstanding the provisions of Article L. 8241-1, is to make available to user undertakings qualified staff that they are unable to recruit themselves due to their size or resources. Employees are made available for assignments that may be full-time or part-time.

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Article L1252-5 of the French Labour Code

When the employee is made available outside mainland France, the timeshare contract contains a clause covering the repatriation of the employee at the expense of the timeshare company. This clause becomes null and void if the employment contract is terminated at the employee’s initiative.

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