Quickly mobilize skills through temporary staffing

Some businesses specialize in providing employees to meet the temporary needs of other businesses.

These businesses, called temporary employment agencies, recruit employees whom they make available to client businesses for the execution of temporary assignments.

The use of temporary workers cannot be intended to permanently fill a position related to the normal and ongoing activity of the user businesses.

The use of temporary workers is strictly regulated by law. It is permitted, in particular, in the following situations:

• Replacing an absent employee.
• Replacing an employee who has temporarily switched to part-time work.
• Replacing an employee whose contract is suspended.
• Waiting for the arrival of an employee recruited on a permanent contract.
• A temporary increase in the business’s activity.
• Carrying out urgent work related to safety measures.

The temporary assignment is governed by two separate contracts:

• The temporary employment contract concluded between the temporary employment agency and the user business.
• The assignment contract agreement concluded between the temporary employment agency and the temporary worker.

These contracts must be in writing and include several essential pieces of information.

The temporary employment contract may include a trial period. The length of this period generally depends on the duration of the assignment, unless an applicable collective agreement provides specific rules.

In principle:

• Two days for a contract of one month or less.
• Three days for a contract of between one and two months.
• Five days for a contract exceeding two months.

The temporary assignment is for a limited period. The contract may stipulate:

• A specific term with a determined end date.
• An imprecise term when the assignment depends on an event, such as the return of a replaced employee.

The maximum duration of an assignment varies depending on the reason for using temporary staff. In most cases, the total duration of the assignment, including renewals, cannot exceed 18 months.

Find out more about temporary employment contracts | Travail-emploi.gouv.fr | Ministry of Labour and Solidarity

The assignment contract can be renewed under certain conditions.

In principle:

• The assignment can be renewed twice.
• The total duration of the assignment cannot exceed the maximum duration provided for by law.

The renewal conditions must be stipulated in the initial contract or in an addendum signed before the end of the assignment. Some collective agreements may modify these rules.

End-of-assignment allowance

At the end of each assignment, the temporary worker receives an end-of-assignment allowance called a precariousness bonus.

This allowance generally corresponds to at least 10% of the total gross remuneration paid during the assignment. To simulate the amount of the end-of-contract allowance, you can use the calculator on the website of the French Digital Labor Code.

It is not due in certain situations, including:

• When the employee is hired on a permanent contract by the user business.
• When the business provides the employee with additional professional training
• When the assignment ends prematurely at the employee’s initiative.
• In the event of serious misconduct or force majeure.
• In the case of seasonal assignments.

Compensation in lieu of paid leave

At the end of each assignment, the temporary worker also receives compensation in lieu of paid leave. This compensation is calculated based on the duration of the assignment.

Its amount cannot be less than 10% of the total gross remuneration paid to the temporary worker.