Are you planning to recruit employees over the summer? A few reminders:
Several types of temporary contracts are available:
- Seasonal CDD ;
- CDD d'usage (extra) ;
- Fixed-term contracts for temporary increases in activity (e.g. due to work overload) ;
- Replacement CDDs (to replace employees on paid leave or sick leave, for example).
Please note: you cannot enter "summer job", "student contract" or "school vacations" as the reason for using a CDD. These are not reasons for using a fixed-term contract.
Special features of seasonal contracts :
- It's a job whose tasks are expected to be repeated every year at more or less fixed intervals, according to the rhythm of the seasons or collective lifestyles.
- End-of-contract indemnity does not have to be paid for seasonal contracts (except in the case of more favorable contractual provisions).
- Seasonal fixed-term contracts must not exceed 8 months a year, or 6 months for a foreign worker, subject to the provisions of the applicable collective agreement.
Regardless of the reason, a fixed-term contract may not have the effect or purpose of permanently filling a job linked to the normal and permanent activity of the company.
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.
Duration of employment contract :
The fixed-term contract can be concluded for a precise term (from date to date) or for an imprecise term, until the end of the absence of the employee being replaced, for example.
The contract may be renewed up to 2 timessubject to maximum durations (between 8 and 18 months and in accordance with collective bargaining provisions).
Working hours :
- A minimum break of 20 minutes every 6 consecutive hours
- 10 hours of actual per day
- A maximum daily working of 13 hours (including breaks)
- 11-hour rest between each working day
- 1 day off per week (i.e. 35 consecutive hours off)
- 48 hours per week or 44 hours on average over 12 consecutive weeks.
Except in the case of employees benefiting from special working time arrangements, and unless otherwise stipulated in a company agreement or, failing that, a branch agreement (CCN).
Vigilance when hiring minors:
Please note that for minors, specific protective regulations must be complied with. What's more, if the minor is at least 14 but under 16 (except in establishments where only family members are employed), additional obligations must be met (in orange below):
- You need :
- Have obtained written authorization from their legal representative (often parents) ;
- Have obtained prior authorization from the labor inspector (apply at least 15 days before the planned hiring date) ;
- Pass a mandatory medical examination medical examination;
- Submit a declaration of employment (DPAE) to URSSAF ;
- We advise you to have him sign his CDD prior to hiring.
- Minors aged 14 to 16 can do light work during their school vacations. This means work that is not likely to be harmful to their safety, health or development.
- The employment of minors is authorized only during school vacations lasting a minimum of 14 working days, and on condition that the minor benefits from a continuous rest period of at least half the total duration of the vacation.
- The contract can only be a fixed-term contract if the young person is under 16, otherwise it can be a fixed-term or permanent contract (hiring during school vacations, regardless of age: no precariousness indemnity).
- Working hours for minors may not exceed 35 hours a week or 8 hours a day (7 hours a day if under 16). However, the Labor Code does allow for some flexibility for employees over the age of 16, who may work up to 5 hours overtime, provided they have the agreement of the labor inspector and the approval of the occupational physician.
- It must benefit from :
- A weekly weekly rest minimum of 2 consecutive days, including Sunday;
- A daily rest of 12 consecutive hours (14h if under 16);
- A 30-minute break per day when working time exceeds 4h30.
- Ban on night between 10 pm (8pm if under 16) and 6 a.m. (derogation possible in certain industries, e.g. HCR).
- Prohibition on working public holidays (with some exceptions, e.g. catering).
In the absence of more favorable collective bargaining provisions, they are paid at least the minimum wage (SMIC) reduced according to age. This discount does not apply when the young worker has 6 months' professional experience or practical experience in the industry.
The employment or assignment to bar service of young people under the age of 18 is strictly forbidden in on-premises drinking establishments (except for prefectoral dispensations and apprentices or professionalization contracts).
