What is Temporary Employment?
Temporary employment involves an employment agency (AE) assigning a temporary worker to a client company (EU) for a limited period. The agency is responsible for recruiting and paying the worker based on an agreed qualification.
A commercial contract, known as the "assignment contract" (contrat de mise à disposition), is signed between the employment agency and the client company. The temporary worker and the employment agency sign a mission contract (contrat de mission).
While the employment agency is the sole employer, the temporary worker must comply with the rules and regulations of the client company where they perform their mission.
When Can a Company Use Temporary Employment?
A company can only use temporary employment for a specific and temporary task. It cannot be used to permanently fill a position related to the company’s normal and ongoing activities.
The law strictly defines the cases in which temporary employment is allowed, including:
- For specific short-term projects
- To replace an absent employee (sick leave, maternity leave, unpaid leave, etc.)
- For seasonal work
- For urgent work related to safety or maintenance
Temporary Work & Employment of Disabled Workers
A framework agreement to promote the employment of disabled individuals in the temporary work sector was signed on September 24, 2019, by:
Muriel PÉNICAUD (Minister of Labor)
Sophie CLUZEL (State Secretary for Disabled Persons)
Representatives from employment organizations (Pôle Emploi, AGEFIPH, Prism’Emploi, FASTT, and others).
Click here to access the agreement and press release
When Is Temporary Employment Prohibited?
A company cannot use temporary workers in the following cases:
- To replace striking employees
- After an economic layoff (for the same position)
- For specific high-risk jobs listed by law
These restrictions protect employee rights and ensure temporary work is used only for short-term needs.
Is the Duration of a Temporary Employment Contract Limited?
In principle, the maximum duration of a temporary employment contract (initial contract + renewal) cannot exceed 18 months. However, this duration may vary depending on the reason for hiring.
Contracts Without a Fixed End Date
In some cases, a temporary contract can be signed without a specific end date, but with a minimum duration. Once this minimum period has passed, the contract ends when the specific need is fulfilled.
- Example: A temporary worker hired to replace an absent employee may remain until the permanent employee returns.
Can Successive Temporary Contracts Be Used for the Same Position?
A waiting period (délai de carence) must be observed between successive temporary contracts for the same position.
This rule prevents companies from continuously filling a permanent role with temporary workers, ensuring that temporary contracts remain truly short-term solutions.
- Exceptions may apply, depending on the legal framework and specific circumstances.
What Are the Working Conditions for a Temporary Worker?
A temporary worker is an employee of the employment agency, but the client company (EU) is responsible for ensuring compliance with the following work conditions:
✅ Working hours
✅ Night shifts
✅ Weekly rest periods
✅ Public holidays
✅ Health & safety at work
✅ Regulations for women, young workers, and senior employees
However, only the employment agency, as the official employer, has disciplinary authority over the temporary worker.
How Is a Temporary Worker Paid?
The temporary worker’s salary must not be lower than what a permanent employee with the same qualifications would earn after the probation period, for the same position in the client company.
The salary includes:
✔ Base salary
✔ Bonuses and allowances (whether paid monthly or not)
✔ Any other mandatory payments applicable to permanent employees in the company
The reference salary is based on the actual job performed, not the salary of the replaced worker.
Do Temporary Workers Have the Same Protective Equipment as Permanent Employees?
✅ Yes. Temporary workers must use the same personal protective equipment (PPE) as permanent employees if required for the mission.
In most cases, the client company is responsible for providing PPE.
Do Temporary Workers Have Access to Company Facilities?
✅ Yes. Client companies must ensure equal treatment between their permanent employees and temporary workers.
Temporary workers must be given the same access to company facilities (e.g., cafeterias, break rooms, etc.) as permanent employees.
Can Temporary Workers Take Paid Leave?
✅ No, temporary workers do not take paid leave during their mission.
Instead, they receive a paid leave compensation allowance (ICCP), equal to 10% of their total gross earnings, which is paid at the end of their assignment.
Is the Client Company Responsible for Temporary Workers?
✅ Yes. Once a temporary worker is assigned to a company, the client company is fully responsible for:
- The worker’s behavior
- Any damage caused (whether intentional or unintentional) during the mission
In case of an incident, the client company’s civil liability or transport insurance must be applied directly.
The employment agency is not liable for damages caused by temporary workers. However, if an issue arises, it is essential to contact your agency representative immediately.