Summary
What is temporary work?
There is interim or temporary work if the employee is:
- recruited by an agency specializing in temporary work (temporary work company);
- sent by this agency to a company for specific work, the duration of which may be fixed or indefinite (this period of work is called “mission”).
To find out when a temporary work contract can be concluded, you can also consult the article on the fixed-term contract: the rules are, in fact, common to these two types of contract.
Where to go?
The very numerous temping companies are not always very serious. You must always be careful and, in particular:
- check that the agency benefits from the compulsory financial guarantee;
- prefer companies that belong to the professional union SETT (56 rue Laffitte – Paris 9th): we can, in the event of a conflict, involve this organization;
- take into account the seriousness taken in the selection of candidates (passing of tests, examination of diplomas).
There are companies specializing in a specific field (IT, paramedical sector). Their address can be obtained from the SETT.
Who does the employee depend on?
From the temp agency
- for sending to a company;
- for all administrative formalities;
- for salary (amount and payment).
From the company where he works
What should the employment contract contain?
A written temporary employment contract is mandatory at the start of each assignment. It must be sent to the employee no later than two working days following the start of the assignment.
The temporary agency must include:
- the reason for the use of a temporary contract;
- the end date of the assignment;
- the qualification of the employee;
- the terms of remuneration;
- the start and end dates of the mission;
- the possible trial period.
For jobs for which it is common practice not to have recourse to an indefinite employment contract, the contract may not include a precise term but it must set a minimum duration.
What are the rights of the temporary worker?
salary
It consists :
- remuneration which cannot be less than the minimum wage and which must be equal to that received for the same position by a permanent employee;
- an end-of-mission indemnity (when the contract does not become a permanent contract), equal to 10% of the total gross remuneration (if the collective agreement is not more favourable).
However, this compensation is not due in the event of early termination of the contract on the initiative of the employee, in the event of serious misconduct on the part of the latter or in the event of force majeure, or when the contract is converted into a permanent contract. .
- paid leave due regardless of the duration of the mission for a sum equal to 1/10th of the total remuneration (salary + job insecurity bonus) at a minimum.
Social Security
Temporary workers must be affiliated to the general social security scheme. To receive benefits, they must fulfill the same conditions as other workers (in particular regarding the number of working hours).
Professional training
Temporary workers are entitled to individual training leave if they have worked:
- or 1,600 hours in temporary work over the last 18 months, including 600 hours in the temporary work company where the request is made;
- i.e. 4,500 hours in the profession, over the last 3 years, for employees who do not meet the seniority conditions in the temporary company on the date of submission of the application.