EMPLOYMENT BY TEMPORARY WORK AGENCY

Art. 87. - (1) The employment by temporary employment agency, hereinafter called 'temporary employment', is an activity performed by a temporary employee who, at the direction of the temporary employment agency, carries out an activity for the benefit of a user undertaking.

(2) A temporary employee is a person working for an employer acting as a temporary employment agency, and made available to a user undertaking for the duration necessary to perform certain precise and temporary tasks.

(3) A temporary employment agency is a company authorized by the Ministry of Labour and Social Solidarity that temporarily provides the user undertaking with skilled and/or unskilled personnel employed and paid for this purpose. The conditions for the establishment and operation and the authorization procedure of the temporary employment agencies shall be established by Government Decision.

(4) A user undertaking is an employer whom the temporary employment agency provides a temporary employee for the performance of precise and temporary tasks.

Art. 88. - A user undertaking may only resort to temporary employment agencies for the performance of precise and temporary tasks, called temporary employment missions, only in the following cases:

a) for the replacement of an employee whose individual employment contract has been suspended, during the suspension;

b) for the performance of a seasonal activity;

c) for the performance of specialized or occasional activities.

Art. 90. - (1) A temporary employment agency provides the user undertaking an employee under a temporary employment contract, on the basis of an assignment contract concluded in writing.

(2) An assignment contract shall include:

a) the reason for the use of a temporary employee;

b) the end date of the mission and, where appropriate, the possibility to change it;

c) the characteristics of the position, in particular the necessary skills, the location of the mission and the work schedule;

d) the actual working conditions;

e) the work and personal protection equipment that the temporary employee is required to use;

f) any other services and facilities benefiting the temporary employee;

g) the value of the contract concluded with the temporary employment agency, and the remuneration the employee is entitled to.

In France the activity of a temporary work agency is regulated under L1251-1 to L1251-63 in the French Labour Code.