French Business Law - French Legislation

Article L1251-35-1 of the French Labour Code

November 8, 2023

In the absence of a stipulation in the agreement or branch agreement concluded in application ofarticle L. 1251-35, the assignment contract may be renewed twice for a fixed term which, added to the term of the initial contract, may not exceed the maximum term provided for in application ofarticle L. 1251-12 or, where applicable, article L. 1251-12-1. The conditions for renewal are stipulated in the contract or are the subject…

Article L1251-36 of the French Labour Code

November 8, 2023

When an assignment contract expires, neither a fixed-term contract nor an assignment 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 assignment contract including, where applicable, its renewal(s). The days taken into account are the days on which the user company or establishment is open for business. Without…

Article L1251-36-1 of the French Labour Code

November 8, 2023

In the absence of a stipulation in the branch agreement or agreement concluded pursuant toArticle L. 1251-36, this waiting period is equal to: 1° One third of the duration of the assignment contract that has expired if the duration of the contract, including, where applicable, its renewal(s), is fourteen days or more; 2° Half of the duration of the assignment contract that has expired if the duration of the contract,…

Article L1251-37 of the French Labour Code

November 8, 2023

Without prejudice to the provisions ofarticle L. 1251-5, the agreement or the extended branch agreement of the user undertaking may stipulate the cases in which the waiting period provided for inarticle L. 1251-36 is not applicable.

Article L1251-37-1 of the French Labour Code

November 8, 2023

In the absence of a stipulation in the agreement or industry-level agreement concluded pursuant toArticle L. 1251-37, the waiting period is not applicable: 1° When the assignment contract is concluded to ensure the replacement of 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 assignment contract is concluded to carry out urgent…

Article L1251-38 of the French Labour Code

November 8, 2023

When the user company hires, after an assignment, an employee made available to it by a temporary employment agency, the length of the assignments completed with this agency during the three months prior to recruitment is taken into account when calculating the employee’s seniority. This time is deducted from any trial period provided for in the new employment contract.

Article L1251-39 of the French Labour Code

November 8, 2023

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…

Article L1251-40 of the French Labour Code

November 8, 2023

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…

Article L1251-41 of the French Labour Code

November 8, 2023

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…

Article L1251-42 of the French Labour Code

November 8, 2023

When a temporary employment undertaking makes an employee available to a user undertaking, these undertakings shall conclude a written secondment contract, at the latest within two working days of the employee being made available.

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Legislative part

Article L1251-35-1 of the French Labour Code

Article L1251-36 of the French Labour Code

Article L1251-36-1 of the French Labour Code

Article L1251-37 of the French Labour Code

Article L1251-37-1 of the French Labour Code

Article L1251-38 of the French Labour Code

Article L1251-39 of the French Labour Code

Article L1251-40 of the French Labour Code

Article L1251-41 of the French Labour Code

Article L1251-42 of the French Labour Code

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