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.
In the absence of a stipulation in the agreement or industry-level agreement concluded pursuant toArticle L. 1251-37, the waiting period is not applicable: 1° When the assignment contract is concluded to ensure the replacement of an employee who is temporarily absent or whose employment contract has been suspended, in the event of a further absence of the replaced employee; 2° When the assignment contract is concluded to carry out urgent…
When the user company hires, after an assignment, an employee made available to it by a temporary employment agency, the length of the assignments completed with this agency during the three months prior to recruitment is taken into account when calculating the employee’s seniority. This time is deducted from any trial period provided for in the new employment contract.
When the user undertaking continues to employ a temporary employee after the end of his assignment without having concluded an employment contract with him or without a new secondment contract, this employee is deemed to be linked to the user undertaking by an employment contract of indefinite duration. In this case, the employee’s seniority is assessed taking into account the first day of his assignment with this company. It is…
When a user undertaking has recourse to an employee of a temporary employment undertaking in breach of the provisions of articles L. 1251-5 to L. 1251-7, L. 1251-10, L. 1251-11, L. 1251-12-1, L. 1251-30 and L. 1251-35-1, and of the stipulations of the agreements or branch agreements concluded pursuant to Articles L. 1251-12 and L. 1251-35, this employee may claim from the user undertaking the rights corresponding to an open-ended…
When an application is made to the industrial tribunal to have an assignment contract reclassified as an open-ended employment contract, the case is referred directly to the tribunal, which will rule on the merits of the case within one month of the case being referred to it. If the industrial tribunal upholds the employee’s claim, it will award him compensation, payable by the user company, which may not be less…
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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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