When the fixed-term employment 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. 1242-2, it may take effect before the absence of the person to be replaced.
A fixed-term employment contract may include a trial period. Unless lesser periods are provided for by custom or by agreement, this trial period may not exceed a period calculated on the basis of one day per week, up to a maximum of two weeks when the initial term of the contract is six months or less, and one month in other cases. If the contract does not include a precise…
The following provisions do not apply during the trial period: 1° the commencement of the contract as provided for in article L. 1242-9 ; 2° Early termination of the contract as provided for in articles L. 1243-1 to L. 1243-4 ; 3° Postponement of the end of the contract as provided for in article L. 1243-7; 4° the end-of-contract indemnity provided for in article L. 1243-8.
Fixed-term employment contracts must be in writing and contain a precise definition of the reason for the contract. Failing this, it is deemed to have been concluded for an indefinite period. It shall include in particular: 1° The name and professional qualification of the person replaced when it is concluded under 1°, 4° and 5° of article L. 1242-2 ; 2° The expiry date and, where applicable, a renewal clause…
When the fixed-term employment contract is concluded in application of 6° of Article L. 1242-2, it also includes : 1° The words “fixed-term contract for a defined purpose”; 2° The title and references of the collective agreement establishing this contract; 3° A clause describing the project and stating its foreseeable duration; 4° The definition of the tasks for which the contract is concluded; 5° The event or objective result determining…
The employment contract is sent to the employee within two working days of recruitment at the latest.
The provisions of the law, collective bargaining agreements and customary practice applicable to employees with permanent employment contracts also apply to employees with fixed-term contracts, with the exception of the provisions concerning termination of the employment contract.
The remuneration, within the meaning of Article L. 3221-3, received by an employee holding a fixed-term employment contract may not be less than the remuneration that would be received in the same company, after the trial period, by an employee holding an open-ended employment contract with equivalent professional qualifications and performing the same duties.
An employee with a fixed-term contract is entitled to an indemnity in lieu of paid holiday for work actually performed during the contract, regardless of its duration, if the holiday scheme applicable in the company does not allow the employee to actually take it. The amount of the allowance, calculated on the basis of this duration, may not be less than one tenth of the total gross remuneration received by…
At the request of an employee with a fixed-term contract who has been with the company for a continuous period of at least six months, the employer will inform the 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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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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