The guide to the temporary employment contract

The temporary employment contract (CTT) is a flexible solution to cover a punctual need for labor via an temporary agency. Here you will find the essential rules (duration, remuneration, bonds) linked to this temporary contract.

The basics of the temporary employment contract

Definition

A temporary employment contract allows a person to be hired by a temporary work company to exercise a mission within a user company. Also called the temporary contract, this system involves three parts: the temporary worker, the temporary agency and the client company.

It thus requires the conclusion of two contracts. On the one hand, a provision contract signed between the temporary agency and the client company. On the other hand, a mission contract concluded between the agency and the employee. The latter is remunerated by the agency, and not directly by the company where he performs his mission.

Cases of remedy for temporary employment contract

The Labor Code authorizes the use of the CTT in specific situations:

• Replacement of an absent employee or whose employment contract has been suspended
• Waiting for a new employee hired in permanent contract
• Vacancy of a position following the departure of an employee before the abolition of the said position
• Replacement of an artisanal, industrial or commercial entrepreneur, of a person exercising a liberal profession, of his spouse
• Temporary replacement of an agricultural operations manager, family aid, operating partner or spouse
• Temporary increase in activity
• Seasonal job
• "Use" jobs

A CTT can also be authorized when the mission aims to facilitate the hiring of unemployed people encountering particular social and professional difficulties. Likewise, when the agency and the user company undertake to provide additional professional training to the employee. The other authorized cases, such as those prohibited, are clearly detailed in the Labor Code.

How long is the temporary contract?

The mission contract includes a term fixed with precision as soon as the contract is made available. However, it is possible not to have a fixed term when the contract concerns:

• replacing an absent or suspended employee
• waiting for a new employee hired on permanent contract
• A seasonal mission
• A use of use
• replacing a business manager, farm or a person carrying out a liberal activity

The extended convention or agreement of the user company may fix this term. Otherwise, the labor code provides for a maximum duration of the 18 -month contract (renewals included). But exceptions apply according to the reason for recourse to the CTT:

Remuneration and allowances

What is the salary for a temporary employment contract?

The temporary employee must receive a salary at least equal to that of a permanent employee occupying an equivalent position in the user company. In addition, he perceives the bonuses and accessories of wages possibly provided for qualification and equivalent position. Finally, public holidays are paid, without seniority condition, if other employees of the company benefit from it.

The pay slip is issued by the temporary agency, which remains the legal employer. This then affects its costs (remuneration, social security contributions, management fees) on the user company via an invoice. This functioning clearly distinguishes the temporary employment contract from a classic fixed -term contract, where the final employer directly manages the pay.

In addition, the temporary employee can claim collective advantages of the company (restaurant titles, participation, transport bonus) if other permanent employees benefit from the same rights. This equality aims to guarantee equity of treatment and to prevent any form of discrimination or excessive precariousness.

What are the different allowances available?

At the end of each mission, the interim employee receives an end of mission allowance, commonly known as precariousness bonus. It generally amounts to 10 % of the total gross remuneration won during the mission. However, it is not paid in the following cases:

• The temporary worker concludes a permanent contract with the user company immediately after the end of the mission
• A supplement of vocational training is given to the employee by the user company at the end of the mission
• The contract is informed early on the initiative of the employee
• The contract is informed in advance for serious misconduct or for force majeure
• The mission contract was seasonal (if the agreement or agreement applicable in the company does not provide for an end of contract allowance)

In addition to the precariousness bonus, the temporary employee receives compensatory compensation for paid leave. This also represents 10 % of gross remuneration (including end-of-mission allowance). Note that it is taken into account over the duration of the mission:

• maternity, paternity and adoption leave;
• work stoppages due to accident or illness, having a professional or not nature;
• The periods when the temporary worker is called under the flags, if the starting point for these periods occurs during a mission.

This compensation is also paid at the end of the contract, and mentioned on the last pay slip.

Manage a temporary employment contract

What the contract must contain

The provision contract, signed between the temporary agency and the user company, must mention:

• The reason for appeal;
• The term mission;
• A clause providing for the possibility of modifying the term mission under the conditions provided for by the Labor Code;
• The particular characteristics of the workstation to be filled;
• The professional qualification required;
• The workplace and the schedule;
• The nature of the personal protective equipment that the employee uses;
• The amount of remuneration with its various components.

The mission contract is established in writing between the temporary agency and the employee and takes up the aforementioned mentions. He must also specify:

• The professional qualification of the temporary employee;
• The terms of remuneration;
• The terms of the possible trial period;
• A clause indicating that repatriation is the responsibility of the temporary agency if the mission is not carried out in mainland France;
• The name and address of the complementary fund and the provident organization which the agency falls under;
• The mention that the employee's hiring by the user company after the mission is not prohibited.

The mission contract is sent to the employee at the latest within two working days of its provision. Failure to comply with this period may result in the payment of compensation, payable by the employer, which cannot be more than one month's salary.

If the contract does not comply with the legal framework, the employee can request his requalification as a permanent contract, with retroactive effect, to the industrial tribunal. These two contracts form an indivisible set, guaranteeing the proper execution of the mission.

Trial period, renewal and end of mission

The trial period is not compulsory but can be provided for by collective agreement or branch agreement, which then fixes the duration. Otherwise, the Labor Code evokes a trial period of two working days for a mission of less than a month. Between one and two months, she spends three days. Beyond two months, the trial period can reach five working days.

The renewal of the temporary contract is possible if the initial reason remains and if the total duration (initial mission + renewal) does not exceed the legal limit. The number of authorized renewals depends on the professional branch, but it is generally fixed for two.

At the end of the mission, the temporary employee receives his allowances (end of mission, paid vacation) and the contract ends. The employer gives him his work certificate, his receipt for any account and his France Work certificate.

The user company can also decide to hire the temporary worker on permanent contracts. In this case, the duration of the missions accomplished during the 3 months preceding recruitment is taken into account to calculate the seniority of the employee and deduced from the trial period, if the new contract provides one. The employee can refuse the CDI, but this will have consequences on the opening of his rights to the return to employment assistance allowance (Are).

If the temporary agency wishes to conclude a new mission contract with the employee on the same position, it must comply with a deficiency period. For a contract of at least 14 days, the period must be at least 1/3 of the duration of the previous contract (renewal included). For a contract of less than 14 days, it must be at least half of the duration of the contract.

In the absence of contrary provisions of the collective agreement or a branch agreement, the deadline does not apply when the use of the temporary mission contract is justified by:

• a new absence of the replaced employee,
• the execution of urgent work justified by security measures,
• a seasonal or use job,
• An early termination of the contract by the employee or a refusal of renewal.

Early end of an interim contract

The temporary employment contract can be broken without reason during the trial period by each parties.

Subsequently, if the anticipated rupture is at the initiative of the temporary agency, it must offer the temporary worker a new mission contract within 3 working days, except serious or cases of force majeure. This contract must not contain major changes from an essential element (remuneration, qualifications, timetables, etc.). Otherwise, or if the duration of the new contract is lower than that remaining to run from the previous one, the agency provides the employee with remuneration equivalent to that which he would have received until the end of the contract, including the end of mission compensation.

The temporary employee can end his mission in early way if he signs a permanent contract or in case of force majeure. Unless the parties agree, it is required to comply with a notice period, oscillating between a day and two weeks. Apart from authorized situations, the employee must pay damages to the temporary agency corresponding to the damage suffered.

Criminal sanctions

In the event of unfair use of the temporary employment contract or non-compliance with legal obligations (lack of reason, non-compliance with the maximum duration, non-compliance with the deficiency period, etc.), the user company and the temporary agency are exposed to sanctions. The Labor Code provides fines of € 3,750 ranging to € 7,500 with a six -month imprisonment sentence in the event of a recurrence.

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FAQ - Frequent questions

What is the difference between a fixed -term contract and a CTT?

The CDD (fixed -term contract) directly links an employer and an employee, while the CTT (temporary employment contract) implies three actors: the temporary agency (legal employer), the temporary employee and the user company. In a fixed -term contract, it is the company that pays and directs the employee. In a CTT, the agency pays the salary and the user company ensures operational supervision.

What are the four types of employment contract?

In France, there are mainly four forms of employment contract: the CDI (indefinite contract), the CDD (fixed -term contract), the CTT (temporary or temporary employment contract) and the specific contract (Cui, CESU). Each type meets specific needs: sustainability of employment for CDI, flexibility or seasonality for the CTT, punctual mission for the CDD, and the hiring of people in difficulty or for personal purposes for the specific contract.

What is the interim CDI?

The interim permanent contract is a contract signed between an employee and an temporary agency for an indefinite period. The worker then performs several successive missions with various user companies, retaining a base of guarantees (minimum remuneration, access to training, social protection). This device brings increased stability while preserving the flexibility of a multi-business course.