Successive temporary contracts: risk of sanction in case of non-respect of the Labour Law
Labour Law
Source: Supreme Court – Social Chamber, June 3rd 2015, n° 14-17.705
With the summer, come "summer jobs"... Contracts of work concluded for this period do not escape from labour law. If these fixed-term contracts are justified due to their seasonal nature, however some contracts can be precarious, such as temporary contracts, which can be the object of requalification into a fixed-term contract by labour jurisdictions.
Therefore, the same as the fixed-term contract, to be valid, the mission given to an employee as part of a temporary contract, must be justified by the same way as the fixed-term contract (substituting an absent employee, temporary increased activity, seasonal employment... cf articles L.1251-5 and L.1251-6 of the Labour Law).
The Social Chamber of the Supreme Court has reminded that the companies who establish several successive contracts with the same employee for different missions (substituting an absent employee, or face an increase of the activity) cannot use this type of contract to be able to fill a specific job related to the normal and permanent activity of the company.
With no respect of this rule, the contract can be renamed as an undefined-term contract.
History
-
Agreements concluded by real estate professionals and information to clients: Entry into force of Decree 2015-724 dated June 24th 2015
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletReal Estate Law Source: D. n° 2015-724, June 24th 2015 - JO June 26th 2015 The Decree n°2015-724 dated June 24th 2015, regulating the conditions under...
-
Verification and eligibility of debts: Right for the creditor to appeal when the bankruptcy judge has not ratified the proposal of the judicial representative
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletCollective Proceedings Source: Supreme Court, Commercial Chamber, June 16th 2015, n° 14-11.190 In accordance with the provisions of article L.624-3 par...
-
Defamation on a forum: tolerance of overstated comments from an individual
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletCivil Law Source: order of the referee of the High Court of Paris dated June 24th 2015, available on the website « legalis.net » An individual had acqu...
-
The victim's behaviour has no effect on the characterization of moral harassment
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletLabour Law / Criminal Law Source: Supreme Court – Criminal Chamber – May 27th 2015, n° 14-81489 In a decision dated May 27th 2015, the criminal chamber...
-
The offence of concealed work is not automatic in the presence of an illicit flat-rate pay agreement.
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletLabour Law Source: Supreme Court – Social Chamber – June 16th 2015, n° 14-16953 First of all, the regulation regarding concealed work has to be reminde...
-
Successive temporary contracts: risk of sanction in case of non-respect of the Labour Law
Published on : 07/07/2015 07 July Jul 07 201520152015 / JuilletLabour Law Source: Supreme Court – Social Chamber, June 3rd 2015, n° 14-17.705 With the summer, come "summer jobs"... Contracts of work concluded for t...