Interim

Temporary work

In the world of the work, the recourse to the interim is a form of Work contract temporary, different from the Limited time contract (CDD). Initially intended to ensure the exceptional replacement of the employees of a company, during the three last decades of the 20th century, the use of the interim in human resources of the Entreprise S did not cease growing, to become at the beginning of the 21e century a manner very appraisal of ensuring current work.

The employee is called “temporary”. The specialized companies in the provision of temporary, have as a name Société of temporary work, or Agence of interim because in fact often companies of international size have agencies in all the big cities and basins of employment.

Within the meaning of the Labor regulation (Article L124.1), it is indicated, " is contractor of temporary work, any natural person or morals whose exclusive activity is to place at the provisional disposal of users employees that according to a qualification agreed upon, she engages and remunerates for this purpose ".

For the employee, uncertainty on the activity is usually compensated by a Prime of precariousness. The amount of this premium is of 10% of the rough remuneration perceived by the temporary employee at the time of his mission, and must be to him versed at the end of its contract of mission. This allowance is not due in the case of a resignation of the temporary employee.

Temporary work in France

The situations making it possible to have recourse to temporary work are defined in an extensive way: replacement of an employee absent, suspended or temporarily part-time, temporary increase in line of business, seasonal employment in certain definite sectors (CDD in the other sectors), replacement of a head of undertaking or a liberal worker. In particular, the employer cannot resort to temporary work on the stations of strikers. The purpose of the interim cannot be of " casser" a strike by replacing a striker by temporary. It is not for as much not interdict to resort to temporary work on the other stations of nonstrikers! Right to strike : being a constitutional law, its exercise by temporary employees is identical to that of the permanent employees.

Cost : All in all, in 2005, temporary is invoiced 1,8 to 2,3 times its gross salary with the company. If it is about a very specific profile, that can go up to 2,5 times the wages. According to the trade negociations relating on the price or the duration of the missions, the tariff is lower, about 1,8 to 2,1 times the wages. This is to be compared with the social contributions of an employee (an employee in TDCI costs approximately 1,6 times its gross salary the company). For temporary with the SMIC, one counts approximately 50% of social contributions (8.27€ X 1.5 = 12.40€), for which it is necessary to add paid vacations of 10% (12.40€ X 1.1 = 13.64€) and the allowance of precariousness or end of mission known as IFM of 10% (13.64€ X 1.1= 15.01). One thus notices the cost price of a company of temporary work to 1,815 of the time SMIC.

Prolongation of the contracts: In France, the L124-2 article of the Labor regulation states: “The temporary work contract, whatever its reason, can have neither as an aim nor for effect to durably provide an employment related to the normal and permanent activity with the company user” The contracts of interim however are frequently prolonged or renewed, by changing the heading of the station simply, because it is always on the station which puts back the main part of the provisions legal related to the recourse to temporary work. For example, a secretary becomes assistant of management then operator. The management of this type of personnel is responsibility for the company user, because it is it which communicates the reasons and the justifications for recourse to the agency of temporary work. In the event of reduction of the activity, it is enough for the company to cease the contract with the temporary work agency. It should be noted however that the Law specifies well that ONLY ONE AND SINGLE temporary work contract cannot exceed one legal duration, in general fixed at 18 months. Justified well, the work contracts temporary can make it possible temporary to remain longer posts some (Example, of a wage-earner engaged on a contract 15 month interim in addition of activity, follow-up of a replacement of absent from 5 months, its duration of presence would be higher than 18 months without being illegal!)

Renewal of the contracts: The contract known as of date on date (in particular the contract in addition of activity) can be renewed only once, and its total duration cannot exceed 18 months. The contract at minimum duration (in particular the contract to replace absent) can be prolonged once as much than wished, as long as the supervening of a fact does not put a term at it. In the case of the replacement of absent, it is the return of the employee absent who constitutes the fact putting a term at the contract. In the case of a seasonal contract it is the end of the season, etc…

Weak controls (deficit of factory inspectors) and the absence of denunciation (the employee wanting to keep its employment) make that many employees are in “interim” lasting several years. This situation is in general revealed at the time of the suspension of the contract of interim, the employee whom can obtain by a court of arbitration a requalification of the contract in Permanent contract and the suspension of the contract in dismissal.

Remuneration : The wages of temporary do not form part of the wage bill of the company customer. However the company user must respect the parity of treatment and remuneration between a temporary employee and an employee engaged in TDCI in the end of its trial period. Nonthe respect of this obligation constitutes an offense, being able to give place to a fine of 3500 € for the company user.

Occasion for the applicants for work: The interim is also a main door in a company, it can be used like one trial period or make it possible to reveal talents interesting for the company.

Problems involved in the interim

In addition to its abuses, temporary works are more frequently prone to industrial accidents. The temporary ones are personnel little accustomed to the places and the particular risks and often not formed with the specific risks of the company, and thus more prone to the accidents, even if the French law prohibited to employ the temporary ones for dangerous work. One can quote for example the explosion with the factory Cockerill-Sambre with Ougrée (Belgium) the October 22nd 2002, where the two victims deceased were the temporary ones; the business revealed that since 1998, out of twelve accidents fatal at Cockerill Sambre, seven victims were employed by external companies.

Often confused with the Interim, the Travail at time-sharing represents an interesting solution brings to the companies flexibility and this without precariousness for the employee.

Random links: