Article L1242-1 of the French Labour Code
A fixed-term employment contract, whatever its reason, may not have the purpose or effect of permanently filling a job linked to the normal and permanent activity of the company.
Home | French Legislation Articles | French Labour Code | Legislative part | Part One: Individual employment relations | Book II: Employment contracts | Title IV: Fixed-term employment contract | Chapter II: Conclusion and performance of the contract
A fixed-term employment contract, whatever its reason, may not have the purpose or effect of permanently filling a job linked to the normal and permanent activity of the company.
Subject to the provisions of Article L. 1242-3, a fixed-term employment contract may only be concluded for the performance of a precise and temporary task, and only in the following cases: 1° Replacement of an employee in the event of : a) Absence ; b) A temporary change to part-time work, agreed by amendment to the employee’s contract of employment or by written agreement between the employee and his employer;…
In addition to the cases provided for in Article L. 1242-2, a fixed-term employment contract may be concluded : 1° Under legal provisions designed to encourage the recruitment of certain categories of unemployed persons ; 2° When the employer undertakes, for a period and under conditions determined by decree, to provide additional vocational training for the employee. 3° When the employer entrusts research activities to the employee and participates in…
At the end of an apprenticeship contract, a fixed-term employment contract may be concluded in the cases mentioned in articles L. 1242-2 and L. 1242-3 and, in addition, when the apprentice must fulfil national service obligations within a period of less than one year after expiry of the apprenticeship contract.
In the six months following a redundancy for economic reasons, it is forbidden to conclude a fixed-term employment contract for a temporary increase in activity, including for the performance of an occasional, precisely defined and non-permanent task that is not part of the company’s normal activity. This prohibition applies to the positions affected by the dismissal in the establishment. This prohibition does not apply 1° When the duration of the…
Apart from the cases provided for in Article L. 1242-5, it is prohibited to enter into a fixed-term employment contract: 1° To replace an employee whose employment contract has been suspended as a result of a collective labour dispute ; 2° To carry out certain particularly dangerous work included on a list drawn up by regulation, under the conditions set out in article L. 4154-1. The administrative authority may exceptionally…
A fixed-term employment contract must have a fixed term when it is concluded. However, the contract may not include a precise term when it is concluded in one of the following cases: 1° Replacement of an absent employee ; 2° Replacement of an employee whose employment contract has been suspended; 3° Pending the actual commencement of employment of an employee recruited under a permanent contract; 4° Seasonal jobs defined in…
An agreement or an extended branch agreement may set the total duration of a fixed-term employment contract. This duration may have neither the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company. The provisions of this article do not apply to fixed-term employment contracts concluded in application of 6° ofarticle L. 1242-2 andarticle L. 1242-3.
In the absence of a stipulation in the agreement or branch agreement concluded in application ofarticle L. 1242-8, the total duration of the fixed-term employment contract may not exceed eighteen months, taking into account, where applicable, the renewal(s) under the conditions laid down inarticle L. 1243-13 or, where applicable, article L. 1243-13-1. This period is reduced to nine months when the contract is concluded pending the actual entry into service…
The fixed-term employment contract referred to in 6° of Article L. 1242-2 is concluded for a minimum period of eighteen months and a maximum period of thirty-six months. It may not be renewed.
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.