Temporary work has been on the upswing for several years now. Both companies and workers find it easy to take advantage of, particularly in terms of the flexibility it offers both parties. But like all types of employment, temporary work is governed by the French Labor Code, and all parties to the contract – generally the company, the temporary employment agency and the temporary worker – have their own rights and duties. In this blog post, you’ll find a short, practical guide to legislation in France, including a description of the rights and duties of both temporary workers and employers.
What is temporary work?
Also known as temporary work, temping is an increasingly popular type of employment contract, thanks to its flexibility for both workers and employers. It’s important to know that temporary work is based on a tripartite relationship between 3 main players:
- Temporary workers
- Temporary employment agency (ETT): the temporary employment agency that recruits and places the temporary worker.
- The user company: the company where the temporary worker will be placed and carry out his or her assignment.
This tripartite relationship gives rise to two types of contract:
- The assignment contract: contract between the temporary worker and the temporary employment agency
- Secondment contract: contract between the temporary employment agency and the user company
Fundamental rights of French temporary workers
Like any worker with an employment contract on French soil, temporary workers have rights that they can assert.
End-of-mission allowance
Temporary work is known for its pay benefits. Indeed, each temporary worker receives an IFM (indemnité de fin de mission) at the end of each assignment with a user company. This indemnity was introduced to compensate for the precarious nature of temporary work, and is equal to 10% of the total gross remuneration received during the assignment.
Equal treatment
Temporary workers must enjoy the same working conditions and remuneration as the user company’s permanent employees. This equal treatment includes basic pay, bonuses and other benefits such as basket allowances, but also general working conditions such as working hours and health and safety standards.
Access to training
Temporary workers can also take advantage of professional training courses to enhance their skills and employability. These courses are financed by the OPCO (Opérateur de compétences) of the temporary employment sector, currently the FAF-TT (Fonds d’Assurance Formation du Travail temporaire).
Paid vacations
Temporary workers are also entitled to an indemnity in lieu of paid leave (ICCP) equivalent to 10% of their total gross remuneration (including end-of-assignment indemnity)5) Social protection
Temporary workers are covered by social security from the first day of their assignment, in the same way as regular employees, and are also entitled to the compulsory mutual insurance offered by the temporary employment agency after a certain length of assignment.
Duties of French temporary workers
Mission execution
The temporary worker must carry out the tasks stipulated in the assignment contract in a serious and professional manner. Any absence or delay must be justified and immediately reported to both the temporary employment agency and the user company.
Respect for working conditions
Temporary workers must comply with the internal rules and regulations of the user company. They must also comply with work schedules and safety instructions.
The duty of loyalty
The temporary worker must demonstrate a certain loyalty to the user company and the temporary employment agency, avoiding any behavior that could harm the latter.
Duties of temporary employment agencies and employers who hire temporary workers
The written employment contract
It is the temporary employment agency’s duty to provide the temporary worker with a written assignment contract. This contract specifies the duration of the assignment, working hours, tasks to be performed, remuneration and working conditions.
Respect for working conditions
The user company must offer the temporary worker the same working conditions as its permanent employees, whether in terms of health and safety at work, financial benefits (bonuses) or simply working hours.
Information and training
The user company is obliged to inform and train the temporary worker on the risks associated with his or her workstation during the assignment, and on the preventive measures to be adopted to avoid these risks.
Payment of wages
The temporary employment agency is responsible for paying the wages and allowances due to the temporary worker. The user company, for its part, must pay the temporary employment agency the amounts agreed in advance.
Conclusion: what you need to remember
In France, temporary work is governed by specific legislation designed to protect the rights of temporary workers, while defining their duties and the obligations of employers. For temporary workers, it’s important to be fully aware of their rights, so as to be able to take advantage of the benefits of this type of flexible working arrangement, as well as to move forward with confidence in their professional careers. On the company side, it’s essential to be aware of the conditions and duties associated with temporary employment contracts, to ensure harmonious working relations within the company, which will ultimately lead to greater productivity and profitability. Looking for a temporary assignment? Depending on your profile, Capa Interim’s agency teams can offer you a wide variety of assignments. Check out our latest interim job ads!