The purpose of temporary work is for a temporary employment agency to make an employee available on a temporary basis to a client for the purpose of carrying out an assignment. Each assignment gives rise to the conclusion of : 1° A temporary work contract between the temporary work company and the user client, known as the “user company”; 2° An employment contract, known as the “assignment contract”, between the…
A temporary work contractor is any natural or legal person whose sole activity is to make employees available on a temporary basis to user companies, whom it recruits and remunerates on the basis of an agreed qualification.
Any temporary employment activity outside such an undertaking is prohibited, subject to the provisions relating to non-profit labour lending operations authorised by article L. 8241-2.
Notwithstanding the principle of exclusivity set out in Article L. 1251-2, temporary employment agencies may engage in : 1° Private placement activities as provided for in Article L. 5321-1; 2° The activity of timeshare company.
An assignment contract, regardless of the reason for it, may not have the purpose or effect of permanently filling a job linked to the normal and permanent activity of the user company.
Subject to the provisions of Article L. 1251-7, a temporary employee may only be used to perform a specific and temporary task known as an “assignment” and only in the following cases: 1° Replacement of an employee, in the event of : a) Absence ; b) A temporary change to part-time work, agreed by amendment to the employee’s contract of employment or by written agreement between the employee and his…
In addition to the cases provided for in article L. 1251-6, a temporary employee may be made available to a user undertaking: 1° When the temporary work assignment aims, in application of legal provisions or an extended branch agreement, to promote the recruitment of unemployed people experiencing particular social and professional difficulties; 2° When the temporary employment undertaking and the user undertaking undertake, for a period and under conditions laid…
Where the assignment involves the practice of a regulated medical or paramedical profession, the temporary employment agency will check that the employee is duly authorised to practise.
For a period of six months following a redundancy for economic reasons, it is forbidden to call on a temporary employee for a temporary increase in activity, including for the performance of an occasional, precisely defined and non-permanent task that is not part of the normal activity of the user company. This prohibition applies to the positions concerned by the dismissal in the establishment. The prohibition does not apply 1°…
In addition to the cases provided for in Article L. 1251-9, it is forbidden to use temporary work: 1° To replace an employee whose employment contract has been suspended as a result of a collective labour dispute ; 2° To carry out certain particularly dangerous work included in a list drawn up by regulation, under the conditions set out in article L. 4154-1. The administrative authority may exceptionally authorise a…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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