Summary
Who is the intermittent work contract for?
alone some companies have the possibility of resorting to intermittent employees. They must :
- have a activity by nature fluctuating throughout the year. This is for example the case of entertainment and media companies, those linked to the school world or those dependent on the seasonal tourism sector;
- offer the employee a job that meets the permanent needsalthough fluctuating.
In principle, the possibility of recourse to the intermittent work contract must be included in the collective agreementor failing that, in a company or establishment agreement.
Exceptionally, some companies have the right to use this type of contract:
- training organizations;
- sale of sporting and leisure articles;
- chocolate artisans.
What does the intermittent work contract contain?
The intermittent work contract must be concluded in writing and include the following information:
- function occupied by the employee;
- remuneration ;
- duration minimum annual work;
- working periods;
- working hours.
In the sector of showsit is not compulsory to indicate the periods worked and those not worked, nor the distribution of work.
How does the intermittent work contract work?
The work periods may be higher than those indicated in the contract, within the limit of one third. However, this limit can be exceeded if the employee agrees. If the minimum legal working time is exceeded, overtime are due.
The employee is in principle not subject to the monthly payment system. The basis of his remuneration is fixed on the week.
The intermittent work contract is very advantageous for the employee. It actually benefits from full-time worker status and, as such, is entitled to the same working conditions, the same rules for calculating seniority, the same paid leave and the same professional training actions.
How does the intermittent work contract end?
The rupture of the intermittent work contract can be made:
- of one agreement ;
- at the initiative of the employerfor serious misconduct or because of the economic difficulties that the company is going through;
- at the initiative of employee. He then resigned;
- in case of force majeure.
Professionals at your service:
- Works councils
- Human resources departments
- Lawyers
- industrial tribunals