A temping contract is a temporary employment contract between an employee, a temporary employment agency (boîte d’intérim) and a user company. It must be written and signed before the temporary worker arrives at the company, or within 48 hours of the start of the assignment.
The importance of signing an interim contract
Signing a temporary employment contract ensures that all parties involved – the temporary worker, the temporary employment agency and the user company – agree on the terms of the contract. French law requires that temporary employment contracts be drawn up in writing, and must specify working conditions, temporary assignments, duration of contract, and so on. If the employee starts work without signing the contract within 48 hours, the contract may be considered irregular. An unsigned temporary employment contract is therefore invalid as such, posing a number of legal and financial risks for both parties.
What happens if the contract is not signed on time?
Under French law, a temporary employment contract that has not been signed within 48 hours is deemed to be non-compliant. This has far-reaching consequences for the worker, the temporary employment agency and the user company.
Consequences of an unsigned contract for the company or temporary employment agency
If the contract is not signed within the regulatory timeframe, the temporary worker may, in the event of a dispute, request that his or her contract be requalified as an open-ended contract (CDI). This means that the company could be forced to treat the temporary worker as a permanent employee, with all the associated rights: job security, paid vacations, benefits, etc. The temporary employment agency may also be subject to sanctions by the labor inspectorate for non-compliance with legal obligations, and may have to pay fines.
The consequences for the employee of not signing a temporary employment contract
For the temporary worker, the absence of a signed contract on time can also pose serious problems. Without such a document, their rights are not clearly defined. This can lead to difficulties in the event of a dispute over payment of wages, overtime or working conditions. In the event of non-payment or disagreement over assignments carried out, employees may find it difficult to prove their rights and protect themselves. An unsigned temporary employment contract therefore leaves the temporary worker in a vulnerable situation, where the regularity of his or her employment is not formally recognized.
How are temporary contracts managed at Capa Intérim?
At Capa Intérim, we follow a strict protocol in the management of temporary employment contracts, which helps to avoid this kind of error. All administrative formalities are handled from A to Z by our teams, offering peace of mind for all: temps and partner companies alike. When you choose Capa Intérim, you’re opting for solid expertise, personalized follow-up and professional management of your temporary employment needs. Whether you’re a temp looking for an assignment, or a company looking to recruit qualified staff, you can count on us! Call on a qualified temporary employment agency! Call on Capa Intérim!