Temporary contract of employment
The temporary worker is hired and paid by an agency for temporary personnel which assigned him to work under the direction and supervision of the user undertaking. There are temporary workers for all occupations.
It is the contract of employment between the temporary worker and the temporary employment agency which specifies :
- occupational qualification of the temporary worker,
- potentially probation period,
- Address of the complementary fund of the temporary employment agency
The assignment’s contract is called in French “contrat de mission”
In French this contract is called “Contrat de mise à disposition”.
According to the French labor code (article L. 1251 ) this contract specifies the risks to the health and safety at this workstation.
The user company has to list workstations with exposure to risks for health and security. The occupational physician and the Health, safety and working conditions Committee give their opinion on these issues.
This contract between the user company and the temporary employement agency has to specify :
- the reason of the use of a temporary worker ,
- minimum period of assignment,
- risks to the health and safety at the workstation, should the medical supervision be strengthened
- the occupational qualifications required ,
- the place of assignment,
- work schedule,
- which personal protective equipment, PPE, are necessary ( they are must be provide by the temporary employement agency),
- a worker of the user company with the same occupational qualifications and at the same workstation should be entitled to receive which wage.
A temporary worker is hired and paid by a temporary employment agency which assigned him to work under the direction and supervision of a user undertaking for a limited period.
The duration of the assignment does not exceed 18 months, or 24 mois for a foreign assignment.
A contract cannot be concluded for hazardous works.
The employer is responsible for safety at work for his employees and the temporary workers too.
The user undertaking may use a temporary worker only in the following cases :
- temporary replacement for an absent employee,
- temporary replacement for a manager of a craft company,
- temporary replacement for a head of an agricultural holding ,
- expecting a new employee takes up his post,
- temporary increase in activity in the user undertaking,
- seasonal works , etc
You can also read the following posts :
- Occupational accident suffered by a temporary employee
- Prohibited works by temporary workers
- Medical surveillance of temporary workers
- Occupational accident : definition