Article L1242-13 of the French Labour Code
November 8, 2023
The employment contract is sent to the employee within two working days of recruitment at the latest.
The employment contract is sent to the employee within two working days of recruitment at the latest.
The provisions of the law, collective bargaining agreements and customary practice applicable to employees with permanent employment contracts also apply to employees with fixed-term contracts, with the exception of the provisions concerning termination of the employment contract.
The remuneration, within the meaning of Article L. 3221-3, received by an employee holding a fixed-term employment contract may not be less than the remuneration that would be received in the same company, after the trial period, by an employee holding an open-ended employment contract with equivalent professional qualifications and performing the same duties.
An employee with a fixed-term contract is entitled to an indemnity in lieu of paid holiday for work actually performed during the contract, regardless of its duration, if the holiday scheme applicable in the company does not allow the employee to actually take it. The amount of the allowance, calculated on the basis of this duration, may not be less than one tenth of the total gross remuneration received by…
At the request of an employee with a fixed-term contract who has been with the company for a continuous period of at least six months, the employer will inform the employee of any open-ended contract positions to be filled within the company. A decree will set the terms and conditions for the application of this article.
Unless the parties agree otherwise, the fixed-term employment contract may only be terminated before expiry of the term in the event of serious misconduct, force majeure or unfitness for work certified by the occupational physician. When concluded in application of 6° of article L. 1242-2, the fixed-term employment contract may also be terminated by either party, for a real and serious reason, eighteen months after its conclusion and then on…
By way of derogation from the provisions of article L. 1243-1, the fixed-term employment contract may be terminated before expiry of the term at the initiative of the employee, where the latter provides proof of the conclusion of a permanent contract. Unless the parties agree otherwise, the employee is then required to observe a period of notice calculated on the basis of one day per week, taking into account :…
Early termination of a fixed-term employment contract at the employee’s initiative in cases other than those provided for in Articles L. 1243-1 and L. 1243-2 entitles the employer to damages corresponding to the loss suffered.
Early termination of a fixed-term employment contract at the initiative of the employer, other than in cases of serious misconduct, force majeure or unfitness for work certified by the occupational physician, entitles the employee to damages in an amount at least equal to the remuneration that he would have received until the end of the contract, without prejudice to the termination indemnity provided for in Article L. 1243-8. However, if…
A fixed-term employment contract terminates automatically on expiry of the term. When it is concluded in application of 6° of article L. 1242-2, it terminates when the purpose for which it was concluded is achieved, after a notice period of at least two months. However, this principle does not prevent the application of the provisions relating to the termination of fixed-term employment contracts: 1° Employees who are victims of an…
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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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