Article L1251-53 of the French Labour Code
November 8, 2023
The conditions of application of this paragraph shall be determined by decree of the Conseil d’Etat.
The conditions of application of this paragraph shall be determined by decree of the Conseil d’Etat.
To calculate the workforce of a temporary work agency, account is taken of : 1° The permanent employees of this company, determined in accordance with article L. 1111-2; 2° Temporary employees who have been linked to this company by assignment contracts for a total period of at least three months during the last calendar year.
For the application to temporary employees of the legal provisions which refer to a condition of seniority in the temporary employment undertaking, seniority is assessed by adding together the periods during which these employees have been linked to the temporary employment undertaking by assignment contracts.
For the purposes of applying the provisions of 1° of Article L. 6322-63, the minimum length of time temporary employees must have been with the temporary employment undertaking is determined by adding together the periods during which these employees were bound to their employer by assignment contracts.
Without prejudice to the principle of exclusivity provided for in Article L. 1251-2, periods spent by temporary employees on the following are treated as assignments: 1° To training courses, skills assessments or actions to validate acquired experience. These periods are carried out either on the employer’s initiative as part of the company’s training plan, apprenticeship contract or professionalisation contract, or on the employee’s initiative as part of a specific leave…
Rules specific to temporary work relating to staff representation are set out in Book III of Part Two. Rules specific to temporary work relating to employee profit-sharing are set out in Book III of Part Three.
A temporary work agency may conclude an open-ended contract with an employee for the performance of successive assignments. Each assignment gives rise to: 1° The conclusion of a secondment contract between the temporary employment undertaking and the user client, known as the “user undertaking”; 2° A letter of assignment drawn up by the temporary employment undertaking.
The employment contract referred to in Article L. 1251-58-1 is governed by the provisions of the French Labour Code relating to open-ended contracts, subject to the provisions of this section. It may provide for periods without performance of the assignment. These periods are treated as actual working time for the purposes of determining paid holiday entitlement and seniority. It is drawn up in writing and includes the following particulars: 1°…
The contract referred to in Article L. 1251-58-1 between the temporary work agency and the employee provides for the payment of a guaranteed minimum monthly remuneration at least equal to the amount of the minimum growth wage set in application of Articles L. 3231-2 to L. 3231-12 multiplied by the number of hours corresponding to the legal weekly working time for the month in question, taking account, where applicable, of…
Assignments carried out by an employee who has an open-ended employment contract with a temporary employment undertaking are governed by Articles L. 1251-5 to L. 1251-63, subject to the adaptations provided for in this section and with the exception of Articles L. 1251-14, L. 1251-15, L. 1251-19, L. 1251-26 to L. 1251-28, L. 1251-32, L. 1251-33 and L. 1251-36.
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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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