In order to know your rights, it is important to know what the law says. Just like permanent or fixed-term contracts, temporary contractual relationships are defined by the labor code. The temporary contract is clearly distinguished from the others because it does not engage two but three entities.
A company that needs to recruit an employee on a temporary basis uses an interim agency. His reason for appeal must imperatively be part of those accepted and published in the labor code. Most often, the employment of a temporary worker is to replace an employee who has gone on leave (sickness, maternity, etc.) or to support a sudden increase in activity. In addition, the use of a temporary worker must not aim to fill a position in a lasting way linked to the normal and permanent activity of the company. In order to seal their agreement, the agency and the user company sign a provision contract.
The temporary employment company then takes care of the hiring of the temporary worker (s). Once recruited, an assignment contract is concluded. This therefore makes the ETT the employer of temporary workers. This status entails taking charge of the latter at the administrative level (issuance of the payslip, payment of remuneration, end-of-mission allowance, paid vacation allowance, medical examination, etc.). Even if it is the ETT that has the status of employer, the user company shares with it the responsibility for temporary employees on several points. At first, she is responsible for your working conditions such as working hours, night work , weekly rest and public holidays., the work of women, children and young people. It also guarantees your health and safety on site by setting up training, or even several if necessary, on the rules to be followed in this area.
Finally, the labor code could not be clearer on this subject: a temporary employee has the same rights and the same advantages as an employee of the user company on a permanent contract.
Equal rights between temporary workers and employeesA company is free to provide its staff on open-ended contracts with various advantages. If it does, then temporary workers must take advantage of it.
The financial advantages of a temporary workerIf the user company offers additional remuneration to all its staff, as a temporary employee, you also have the right to benefit from it. Most of the time, these are bonuses such as quality or performance bonuses, safety bonuses, incentive bonuses ... If you have to travel within the framework of your mission and the recruiter is in the habit of to reimburse travel, catering or accommodation costs to its employees on permanent contracts, you will also benefit from this paid benefit.
The work of a temporary employee on a public holiday during his assignment is obviously remunerated. Regarding the bridge, it's the same thing. You will need to receive remuneration if it is customary for the user company to do so with its staff. If the bridge is the subject of a later recovery that takes place during your mission, you will obviously be able to take advantage of it. In the event that the day of recovery is outside the effective period of your employment contract, you will then be able to claim his remuneration.
Good to know: The employer is now obliged to cover the costs of public transport or bicycle rental up to 50%. In the context of the interim, it is the temporary work agency that covers these costs because it is the agency that has the status of employer.Benefits in kindAs a temporary worker, you are also entitled to all benefits which do not involve remuneration. In most cases, they concern meal vouchers. For a user company that has greater means, these benefits in kind may relate to collective facilities (shower, changing room, nursery, etc.). She may also own a company restaurant. In this case, the temporary worker can benefit from all these facilities in the same way as the other members of the staff on permanent contracts, and this throughout the duration of his mission. The same applies if the company uses external service providers such as a sports coach or a personal development coach. Regarding internal events, Christmas meals or seminars for example, you can also attend them at the same time as your colleagues.
For more information about: Contingent worker