Focus points for temping contracts
Definition
Unlike permanent contracts, the temporary employment relationship is a triangular relationship, involving three actors.
The first, the temporary worker’s contract, is between the temporary staff agency and the temporary worker, while the second, the employer’s contract, is between the temporary staff agency and the user company.
Use of temporary workers
A temporary contract can only be concluded for a specific, non-permanent job.
Pursuant to Article L122-1, a temporary contract of employment cannot be used for a long-term job linked with the normal, permanent work of the company.
Consequently, both temporary and fixed-term contracts must only be used for one-off requirements within a company. The usual format is the open-ended contract, while temporary and fixed term contracts are only used for specific situations.
With reference to Article L122-1 of the Labour Code Article L131-4 lists the situations considered to constitute specific, non-permanent jobs:
- Replacement of a staff member who is temporarily absent or whose contract has been suspended on grounds other than a collective industrial dispute or lack of work arising from bad weather or financial concerns. It should be noted that a temporary worker can be used to fill a vacancy created by the departure of a permanent employee holding an open-ended contract pending the arrival of a replacement employee with an open-ended contract
- Seasonal work
- Jobs for which open-ended contracts are not the norm (list drawn up under a Grand-Ducal Regulation)
- Occasional, one-off tasks which do not fall within the everyday work of the company
- Specific, non-permanent tasks due to an exceptional temporary increase in business
- Urgent work required in order to prevent accidents or any harm to the business or its personnel
- Employment of jobseekers registered with ADEM
- Jobs intended to assist the recruitment of certain categories of jobseeker
- Jobs where the employer undertakes to provide the worker with additional training
In keeping with its temporary nature, a temporary contract of employment must contain a fixed term specified immediately on signature.
However, in certain cases, the temporary worker’s contract need not specify a precise end:
- The replacement of an employee who is absent or whose contract has been suspended on grounds other than a collective industrial dispute
- Filling a job which has fallen vacant until the successor starts work
- Seasonal employment
- Sectors where the use of open-ended contracts is not the norm
When in these cases the assignment contract does not have a specific term, it must be concluded for a minimum duration and its term is the end of the absence of the employee or the accomplishment of the task for which it is concluded.
As temporary staff can only be used subject to exceptional conditions, the duration of a temporary worker’s contract cannot be more than 12 months including renewals (maximum of two renewals). The possibility of renewal must be stated in the initial contract and an amendment must be added.
There are, however, two situations where the maximum duration of the contract may go beyond 12 months:
- Seasonal work contracts
- The Minister for Employment may extend the maximum length of the contract when workers are required to have highly specialist knowledge or confirmed professional experience in their specific field.
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