A timeshare contractor is any natural or legal person whose sole activity, notwithstanding the provisions of Article L. 8241-1, is to make available to user undertakings qualified staff that they are unable to recruit themselves due to their size or resources. Employees are made available for assignments that may be full-time or part-time.
Temporary employment agencies may operate as timeshare companies.
The timeshare contract is deemed to be for an indefinite period.
When the employee is made available outside mainland France, the timeshare contract contains a clause covering the repatriation of the employee at the expense of the timeshare company. This clause becomes null and void if the employment contract is terminated at the employee’s initiative.
The remuneration paid to an employee on secondment may not be less than that paid to an employee with the same or an equivalent level of professional qualification occupying the same position or performing the same duties in the user company.
For the duration of the assignment, the user company is responsible for the conditions under which the work is performed, as determined by the legal provisions and collective bargaining agreements applicable to the workplace.
In the user company, the employee on secondment has access to collective means of transport and collective facilities, in particular catering facilities, available to the employees of that company, under the same conditions as the latter. Where additional expenses are incurred by the social and economic committee, these will be reimbursed in accordance with the terms and conditions set out in the secondment contract.
The termination of the timeshare contract is carried out in accordance with the provisions of Title III, relating to the rules for the termination of open-ended employment contracts.
The secondment contract drawn up for each employee includes : 1° The content of the assignment ; 2° The estimated duration of the assignment ; 3° The employee’s professional qualifications; 4° The specific characteristics of the workstation or the duties performed; 5° The amount of remuneration and its various components.
Any clause prohibiting the recruitment of a seconded employee by the user undertaking at the end of his assignment is deemed unwritten.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
