The summer period and school vacations are ideal for hiring young employees. In this newsflash, we remind you of the rules governing the employment of young workers during the summer!
Which employment contract?
Whatever the length of the contract, a fixed-term employment contract must be in writing, otherwise it is deemed to have been concluded for an indefinite period.
The CDD is an exceptional contract. As such, this form of employment can only be used to meet temporaryneeds for reinforcement, transition or replacement , objectively and within the limits set out below:
- The fixed-term contract must have been concluded for the performance of a precise and temporary task ;
- Regardless of the reason , a fixed-term contract may not havethe effect or purpose of permanently filling a job linked to the normal and permanent activity of the company.
PLEASE NOTE : Particular care must be taken when drafting a fixed-term contract. This applies even more so to the reason for use, the absence or inaccuracy of which leads to automatic requalification of the contract.
What working conditions?
General employment rules apply to young people recruited for a summer job. They are therefore subject to the same obligations as other company employees (compliance with internal regulations and memos) and have access to the same benefits(canteens, luncheonvouchers , breaks, etc.), including the provisions of the collective bargaining agreement.
Regardless of the length of your contract, you must complete the Déclaration d'embauche (DPAE) and organize the medical examination :
- If the young person is over 18, this examination takes placeat the latest before the trial period expires.
- If the employee is under 18, this visit must take place before hiring.
The employment of young people under the age of 16 is normally prohibited. However, you can hire a young person over 14 and under 16 :
- with the written consent of the child's legal representative,
- to perform light , age-appropriate tasks ,
- with authorization from the labor inspectorate: the request must be submitted at least 15 days before the planned date of hire,
- with a maximum working week of 35 hours and a maximum working day of 7 hours,
- and on condition that the employee benefits from acontinuous rest period of not less than half the total duration of the vacation : i.e. 1 month's work at most for 2 months' vacation.
Daily rest is set at 12 consecutivehours , and 14 hours for employees under 16. All employees under 18 must have 2 consecutive days off per week.
Night work by minors is prohibited:
- between 8 p.m. and 6 a.m. for children under 16;
- between 10 p.m. and 6 a.m. for teenagers aged 16 to 18.
By way of exception, exemptions from night work for minors may be granted by the labor inspector in sectors where this is justified by the particular characteristics of the activity.
What remuneration?
Employees aged 18 and over are paid at least the minimum wage (SMIC) or the agreed minimum wage. However, the SMIC is reduced for minors.
ATTENTION : This discount does not apply when the young worker has 6 months' professional experience or practice in the industry.
QUID: Payment of the precariousness bonus?
When an employer recruits a young person on a fixed-term contract during their school or university vacationsthe employer is not liable for the end-of-contract indemnity.
This only applies if the young person has not actually completed his or her schooling or university studies, and if the contract does not exceed the duration of the vacations.
In the case of seasonal fixed-term contracts, no termination indemnity is payable, unless otherwise stipulated in the collective bargaining agreement.
However, compensation for paid vacations is due in all cases.
CAUTION : Failure to declare the hiring of a new employee, the absence of a pay slip or the mention of a number of hours on the pay slip that is less than the number actually worked constitute the offence of concealed employment.
For further information, please contact our social services department.
Exco A2A Toulouse - D'Agrain et Associés
Tel.: 05 61 52 64 09
