Section 3: Engagement contract

The assignment contract must have a fixed term when it is signed. 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 3°…

The agreement or the extended branch agreement of the user company may set the total duration of the assignment contract. This duration may neither have the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company.

In the absence of a stipulation in the agreement or branch agreement concluded pursuant toArticle L. 1251-12, the total duration of the assignment contract may not exceed eighteen months, taking into account, where applicable, the renewal(s) under the conditions provided for inArticle L. 1251-35 or, where applicable, Article L. 1251-35-1. This period is reduced to nine months when the contract is concluded pending the actual entry into service of an…

When the engagement 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, it may take effect before the absence of the person to be replaced.