The guide to the temporary employment contract

A temporary employment contract (TEC) is a flexible solution for meeting occasional staffing needs through a temporary employment agency. Here you will find the essential rules (duration, remuneration, obligations) related to this type of temporary employment contract.

The basics of a temporary employment contract

Definition

A temporary employment contract allows a person to be hired by a temporary employment agency to carry out an assignment within a client company. Also called a temporary work contract, this system involves three parties: the temporary worker, the temporary employment agency, and the client company.

This requires two contracts. Firstly, a placement contract signed between the temporary employment agency and the client company. Secondly, an assignment contract between the agency and the employee. The employee is paid by the agency, not directly by the company where they are working.

Cases where temporary employment contracts are used

The labor code authorizes the use of temporary work contracts in specific situations:

• Replacement of an absent employee or one whose employment contract has been suspended
• Waiting for a new employee hired on a permanent contract
• Vacancy of a position following the departure of an employee prior to the elimination of said position
• Replacement of the head of a craft, industrial or commercial business, a person practicing a liberal profession, or their spouse
• Temporary replacement of a farm manager, family worker, farm partner or their spouse
• Temporary increase in activity
• Seasonal employment
• "Customary" uses

A temporary work contract (CTT) may also be authorized when the mission aims to facilitate the hiring of unemployed individuals facing particular social and professional difficulties. Similarly, it may be authorized when the agency and the user company commit to providing supplementary professional training to the employee. Other permitted cases, as well as those prohibited, are clearly detailed in the labor code.

What is the duration of the temporary employment contract?

The assignment contract includes a fixed term, clearly defined from the moment the secondment contract is concluded. However, it is possible to have no fixed term when the contract concerns:

• the replacement of an absent or suspended employee
• waiting for a new employee hired on a permanent contract
• a seasonal mission
• a customary use
• the replacement of a business owner, farm manager or a person practicing a liberal profession

The collective agreement or extended sectoral agreement of the user company may stipulate this term. Failing that, the labor code provides for a maximum contract duration of 18 months (including renewals). However, exceptions apply depending on the reason for using the temporary work contract:

Remuneration and allowances

What is the salary for a temporary employment contract?

Temporary workers must receive a salary at least equal to that of permanent employees in equivalent positions at the user company. Furthermore, they receive any bonuses and other salary-related benefits that may be provided for equivalent qualifications and positions. Finally, public holidays are paid, regardless of seniority, if other employees of the company also receive them.

The payslip is issued by the temporary employment agency, which remains the legal employer. The agency then passes on its costs (salary, social security contributions, management fees) to the client company via an invoice. This arrangement clearly distinguishes a temporary employment contract from a standard fixed-term contract, where the final employer manages payroll directly.

Furthermore, temporary workers are entitled to collective company benefits (meal vouchers, profit-sharing, transportation allowance) if other permanent employees enjoy the same rights. This equality aims to guarantee fair treatment and prevent any form of discrimination or excessive job insecurity.

What are the different types of compensation available?

At the end of each assignment, temporary workers receive an end-of-assignment allowance, commonly known as a precarious employment bonus. This generally amounts to 10% of the total gross remuneration earned during the assignment. However, it is not paid in the following cases:

• The temporary worker enters into a permanent contract with the user company immediately after the end of the assignment.
• The user company provides the employee with additional professional training at the end of the assignment.
• the contract is terminated early at the employee's initiative
• the contract is terminated early due to serious misconduct or force majeure
• the temporary work contract was seasonal in nature (if the applicable company agreement or convention does not provide for end-of-contract compensation)

In addition to the end-of-contract bonus, temporary workers receive compensation for accrued but unused paid leave. This compensation also represents 10% of their gross pay (including the end-of-assignment bonus). Note that the following are included in the duration of the assignment:

• maternity, paternity and adoption leave;
• work stoppages due to accident or illness, whether work-related or not;
• periods when the temporary worker is called up for military service, if the starting point of these periods occurs during a mission.

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

Managing a temporary employment contract

What the contract should contain

The temporary staffing contract, signed between the temporary employment agency and the user company, must include:

• The reason for the appeal;
• The end of the mission;
• A clause providing for the possibility of modifying the term of the mission under the conditions provided for by the labor code;
• The specific characteristics of the job to be filled;
• The required professional qualification;
• The workplace and working hours;
• The nature of the personal protective equipment that the employee uses;
• The amount of remuneration with its various components.

The temporary work contract is drawn up in writing between the temporary employment agency and the employee and includes the aforementioned information. It must also specify:

• The professional qualifications of the temporary worker;
• The terms of remuneration;
• The terms of any potential trial period;
• A clause stating that repatriation is the responsibility of the temporary employment agency if the assignment is not carried out in mainland France;
• The name and address of the supplementary fund and the provident institution to which the agency belongs;
• The statement that the hiring of the employee by the user company at the end of the assignment is not prohibited.

The assignment contract must be sent to the employee no later than two working days after they begin work. Failure to meet this deadline may result in the employer paying compensation not exceeding one month's salary.

If the contract does not comply with the legal framework, the employee can request its reclassification as a permanent contract (CDI), with retroactive effect, from the labor court. These two contracts form an indivisible whole, guaranteeing the proper execution of the assignment.

Trial period, renewal and end of mission

A trial period is not mandatory but may be stipulated in a collective bargaining agreement or industry-wide agreement, which will then specify its duration. Failing that, the labor code mentions a trial period of two working days for assignments of less than one month. Between one and two months, it increases to three days. Beyond two months, the trial period can reach five working days.

The renewal of a temporary employment contract is possible if the initial reason for the contract still applies and if the total duration (initial assignment + renewal) does not exceed the legal limit. The number of authorized renewals depends on the industry sector, but it is generally limited to two.

At the end of the assignment, the temporary worker receives their compensation (end-of-assignment, paid leave) and the contract terminates. The employer provides them with their certificate of employment, their final pay slip, and their France Travail certificate.

The user company may also decide to hire the temporary worker on a permanent contract. In this case, the duration of assignments completed during the three months preceding recruitment is taken into account to calculate the employee's seniority and deducted from the probationary period, if the new contract includes one. The employee may refuse the permanent contract, but this will have consequences for their eligibility for unemployment benefits (ARE).

If the temporary employment agency wishes to offer a new temporary contract to the employee for the same position, it must observe a waiting period. For a contract of at least 14 days, this period must be at least one-third of the duration of the previous contract (including any renewals). For a contract of less than 14 days, it must be at least half the duration of the previous contract.

In the absence of contrary provisions in the collective agreement or a sectoral agreement, the time limit does not apply when the use of a temporary work contract is justified by:

• a further absence of the replaced employee
• the execution of urgent work justified by security measures,
• a seasonal or customary job,
• an early termination of the contract by the employee or a refusal to renew.

Early termination of a temporary employment contract

The temporary employment contract can be terminated without cause during the trial period by either party.

Subsequently, if the early termination is initiated by the temporary employment agency, it must offer the temporary worker a new assignment contract within three business days, except in cases of serious misconduct or force majeure. This contract must not contain any major changes to an essential element (remuneration, qualifications, working hours, etc.). Failing this, or if the duration of the new contract is shorter than the remaining term of the previous one, the agency must guarantee the employee remuneration equivalent to what they would have received until the end of the original contract, including the end-of-assignment bonus.

A temporary worker may terminate their assignment early if they sign a permanent contract or in the event of force majeure. Unless otherwise agreed by both parties, they are required to give notice, ranging from one day to two weeks. Outside of these permitted situations, the worker will be liable to pay damages to the temporary employment agency for the losses incurred.

Criminal penalties

In cases of misuse of temporary employment contracts or failure to comply with legal obligations (lack of justification, failure to respect the maximum duration, failure to respect the waiting period, etc.), both the user company and the temporary employment agency are liable to penalties. The French Labor Code provides for fines ranging from €3,750 to €7,500, along with a six-month prison sentence in the event of repeat offenses.

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FAQ - Frequent questions

What is the difference between a fixed-term contract (CDD) and a temporary work contract (CTT)?

A fixed-term contract (CDD) directly binds an employer and an employee, while a temporary employment contract (CTT) involves three parties: the temporary employment agency (the legal employer), the temporary worker, and the user company. In a fixed-term contract, the company pays and manages the employee. In a CTT, the agency pays the salary, and the user company provides operational management.

What are the four types of employment contract?

In France, there are four main types of employment contracts: the CDI (permanent contract), the CDD (fixed-term contract), the CTT (temporary work contract or interim contract), and the specific contract (CUI, CESU). Each type meets specific needs: job security for the CDI, flexibility or seasonality for the CTT, a one-off assignment for the CDD, and the hiring of people facing difficulties or for personal purposes for the specific contract.

What is a permanent temporary contract?

A permanent contract for temporary work (CDI intérimaire) is a contract signed between an employee and a temporary employment agency for an indefinite period. The worker then undertakes several successive assignments with various client companies, while maintaining a core set of guarantees (minimum wage, access to training, social protection). This system provides increased stability while preserving the flexibility of a multi-company career path.