Subsection 5: Reclassification of the 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…