Subsection 1: Public policy.

Intermittent work contracts may be concluded in companies covered by a company or establishment agreement or, failing that, by an extended branch agreement or convention which makes provision for them.

Intermittent employment contracts are open-ended contracts. It may be concluded to fill a permanent position which, by its very nature, involves alternating periods of work and periods of non-work. The contract must be in writing. It shall mention in particular: 1° The employee’s qualifications ; 2° The elements of the remuneration ; 3° The employee’s minimum annual working time; 4° The work periods ; 5° The distribution of working hours…

The hours in excess of the minimum annual duration set in the intermittent employment contract may not exceed one third of this duration, unless the employee agrees.

The employee holding an intermittent employment contract benefits from the rights granted to full-time employees, subject, as regards the contractual rights mentioned in article L. 3123-38, to the specific terms and conditions provided for by the agreement or the extended collective labour agreement or by a company or establishment agreement. For the determination of rights linked to seniority, periods not worked are taken into account in full.

The adapted companies referred to in article L. 5213-13 may conclude an intermittent employment contract even in the absence of a collective labour agreement, provided that this contract is concluded with a disabled worker who is a beneficiary of the employment obligation within the meaning of article L. 5212-13.