Section 4a: Temporary open-ended employment contract

A temporary work agency may conclude an open-ended contract with an employee for the performance of successive assignments. Each assignment gives rise to: 1° The conclusion of a secondment contract between the temporary employment undertaking and the user client, known as the “user undertaking”; 2° A letter of assignment drawn up by the temporary employment undertaking.

The employment contract referred to in Article L. 1251-58-1 is governed by the provisions of the French Labour Code relating to open-ended contracts, subject to the provisions of this section. It may provide for periods without performance of the assignment. These periods are treated as actual working time for the purposes of determining paid holiday entitlement and seniority. It is drawn up in writing and includes the following particulars: 1°…

The contract referred to in Article L. 1251-58-1 between the temporary work agency and the employee provides for the payment of a guaranteed minimum monthly remuneration at least equal to the amount of the minimum growth wage set in application of Articles L. 3231-2 to L. 3231-12 multiplied by the number of hours corresponding to the legal weekly working time for the month in question, taking account, where applicable, of…

Assignments carried out by an employee who has an open-ended employment contract with a temporary employment undertaking are governed by Articles L. 1251-5 to L. 1251-63, subject to the adaptations provided for in this section and with the exception of Articles L. 1251-14, L. 1251-15, L. 1251-19, L. 1251-26 to L. 1251-28, L. 1251-32, L. 1251-33 and L. 1251-36.

For the application of articles L. 1251-5, L. 1251-9, L. 1251-11, L. 1251-13, L. 1251-16, L. 1251-17, L. 1251-29, L. 1251-30, L. 1251-31, L. 1251-34, L. 1251-35, L. 1251-41 and L. 1251-60 to open-ended contracts concluded by a temporary employment undertaking with an employee, the words: “contrat de mission” are replaced by the words: “lettre de mission”.

The total duration of the assignment contract provided for in Article L. 1251-12-1 does not apply to an employee who has an open-ended contract with the temporary employment undertaking.

For the application of 1° of article L. 6322-63, the minimum period of presence in the company is assessed by adding together the periods during which the employee does or does not carry out an assignment when the employee has an open-ended contract with the temporary employment agency.

For the application of article L. 2314-20, the length of time spent in the company is calculated by adding together the periods during which the employee does or does not carry out an assignment when the employee has an open-ended contract with the temporary employment agency.