French Business Law - French Legislation

Article L1244-1 of the French Labour Code

November 8, 2023

The provisions of article L. 1243-11 do not prevent the conclusion of successive fixed-term employment contracts with the same employee when the contract is concluded in one of the following cases: 1° Replacement of an absent employee ; 2° Replacement of an employee whose employment contract has been suspended; 3° Seasonal jobs as defined in 3° of article L. 1242-2 or for which, in certain sectors of activity defined by…

Article L1244-2 of the French Labour Code

November 8, 2023

Seasonal employment contracts as defined in 3° of article L. 1242-2 may include a renewal clause for the following season. A collective labour agreement may stipulate that any employer who has employed an employee in a seasonal job must offer him a job of the same nature for the same season in the following year, unless there are real and serious grounds for not doing so. The agreement defines the…

Article L1244-2-1 of the French Labour Code

November 8, 2023

In branches where seasonal employment is particularly widespread, as defined by an order of the Minister of Labour, in the absence of collective bargaining agreements at branch or company level, seasonal employment contracts in the same company are considered to be successive, for the purposes of applying article L. 1244-2, when they are concluded over one or more seasons, including when they have been interrupted by periods of no activity…

Article L1244-2-2 of the French Labour Code

November 8, 2023

I. – In the branches referred to in Article L. 1244-2-1, in the absence of collective bargaining agreements at branch or company level, the employer shall inform the employee with a seasonal employment contract, by any means that can be relied upon to provide a definite date, of the conditions under which his contract may be renewed before it expires. II. – In the branches mentioned in article L. 1244-2-1,…

Article L1244-3 of the French Labour Code

November 8, 2023

When a fixed-term employment contract expires, neither a fixed-term contract nor a temporary employment contract may be used to fill the position of the employee whose contract has expired, before the expiry of a waiting period calculated on the basis of the duration of the contract including, where applicable, its renewal(s). The days taken into account to assess the period that must separate the two contracts are the days on…

Article L1244-3-1 of the French Labour Code

November 8, 2023

In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-3, this waiting period is equal to: 1° One third of the duration of the expired contract if the duration of the contract including, where applicable, its renewal(s), is fourteen days or more; 2° Half of the duration of the expired contract if the duration of the contract including, where applicable, its…

Article L1244-4 of the French Labour Code

November 8, 2023

Without prejudice to the provisions ofarticle L. 1242-1, an agreement or an extended branch agreement may stipulate the cases in which the waiting period provided for inarticle L. 1244-3 is not applicable.

Article L1244-4-1 of the French Labour Code

November 8, 2023

In the absence of a stipulation in the agreement or branch agreement concluded in application of article L. 1244-4, the waiting period does not apply: 1° Where the fixed-term employment contract is concluded to replace an employee who is temporarily absent or whose employment contract has been suspended, in the event of a further absence of the replaced employee; 2° When the fixed-term employment contract is concluded to carry out…

Article L1245-1 of the French Labour Code

November 8, 2023

Any employment contract entered into in disregard of the provisions of Articles L. 1242-1 to L. 1242-4, L. 1242-6, L. 1242-7, L. 1242-8-1, L. 1242-12, first paragraph, L. 1243-11, first paragraph, L. 1243-13-1, L. 1244-3-1 and L. 1244-4-1, and of the stipulations of the agreements or branch agreements entered into in application of Articles L. 1242-8, L. 1243-13, L. 1244-3 and L. 1244-4, shall be deemed to be of indefinite…

Article L1245-2 of the French Labour Code

November 8, 2023

When a request is made to the industrial tribunal to reclassify a fixed-term employment contract as an open-ended contract, the case is referred directly to the tribunal, which gives a decision on the merits of the case within one month of the request being made. If the industrial tribunal upholds the employee’s claim, it will award compensation, payable by the employer, of not less than one month’s salary. This provision…

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Legislative part

Article L1244-1 of the French Labour Code

Article L1244-2 of the French Labour Code

Article L1244-2-1 of the French Labour Code

Article L1244-2-2 of the French Labour Code

Article L1244-3 of the French Labour Code

Article L1244-3-1 of the French Labour Code

Article L1244-4 of the French Labour Code

Article L1244-4-1 of the French Labour Code

Article L1245-1 of the French Labour Code

Article L1245-2 of the French Labour Code

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