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INTERMITTENT EMPLOYMENT CONTRACT

Written by Administrator Monday, 13 June 2011 06:38

The work is intermittent alternating periods worked and not worked implied by the fluctuations of activity. It can be used for permanent jobs that by their nature, have such a rotation (some jobs as trainers or ski instructors for example).

The employer may, on its own initiative, propose an intermittent employment contract: an agreement or a collective agreement must authorize the use of such a contract.
Thus the company must be covered by a conventional text on the intermittent work can be:

• an agreement or a collective agreement extended;
• an agreement or an enterprise agreement or settlement.

Notwithstanding the provisions referred to above, companies may enter into appropriate contracts of employment intermittent even in the absence of agreement or the collective agreement providing, when the contract is concluded with a disabled worker, recipient of the employment obligation

WHAT IS THE CONTENT OF THE AGREEMENT OR THE COLLECTIVE AGREEMENT?

The text negotiated between the social partners provides the general conditions of the use of intermittent employment contract and in particular the definition of permanent jobs for which such contract may be concluded.
It may provide the terms of smoothing compensation paid to employees, who may well receive a monthly salary of a regular amount, independent of the time actually performed in the month.

WHAT ARE THE CHARACTERISTICS OF INTERMITTENT EMPLOYMENT CONTRACT?

The employment contract is necessarily intermittent concluded for an indefinite period. In writing, he mentions include:

• the employee's job;
• elements of remuneration;
• Minimum annual hours of work of the employee;
• work periods;
• the distribution of hours within these times.

In areas, the list is determined by decree (that is, at present, the area of ​​live and recorded), where the nature of the activity does not fix precisely the periods of work and distribution working hours within these periods, the agreement or the collective work agreement determines necessary modifications, including the conditions under which the employee may refuse to dates and work schedules that are available.

IS IT POSSIBLE TO INCREASE HOURS OF WORK OF EMPLOYEES IN INTERMITTENT EMPLOYMENT CONTRACT?

The employment contract must specify the duration intermittent minimum annual work of the employee concerned.
This period may be exceeded with a limit: the hours worked in excess shall not, unless approved by the individual, exceed one third of the period fixed by the contract.
The number of hours worked in excess of a minimum set at 1,200 hours per year under a contract of intermittent work may not exceed 400 hours (1200 x 1 / 3).

WHAT ARE THE RIGHTS OF EMPLOYEES IN INTERMITTENT EMPLOYMENT CONTRACT?

Employees on intermittent employment contract have the same rights as those granted to employees working at a steady pace, but subject to specific provisions contained in the agreement or collective agreement organizing the use of such contracts. Note also that in determining the rights that the employee concerned is its age (for the calculation of certain bonuses for example) should be taken into account all the time not worked.

WHAT ARE THE REQUIREMENTS FOR PRIVATE HIGHER EDUCATION INSTITUTIONS?

The private higher education institutions whose principal activity led to the issuance, on behalf of the state, a diploma five years of study after the bac, may enter into employment contracts for intermittent missions education, training and research with alternating periods worked and not worked. The special rules applicable to this contract are set out in Article L. 731-18 of the Education Code.
For the determination of rights associated with seniority, time not worked are taken into account in full.
The employment contract of indefinite duration. It must be in writing and should include:

• the employee's job;
• its purpose;
• elements of compensation;
• periods within which the employer may appeal to the average worker a notice period of 7 days. The employee may refuse to dates and hours of work offered if they are not compatible with family obligations compelling, with monitoring of school education or higher, with a fixed period of employment with another employer or a job self-employed. In this case, the refusal of the employee is not a fault or grounds for dismissal;
• the minimum annual, semiannual, quarterly or monthly work of the employee. Total hours beyond the minimum stated in the contract may not exceed one third of this period, except with the employee.

An employee employed in intermittent employment contract by a private institution of higher education enjoys the same rights as those granted to full-time employees subject, as regards the treaty rights of specific terms of the agreement, the enterprise agreement or settlement.

Namely
Intermittent employment contract can be concluded that for permanent jobs that by their nature, involve alternating periods worked and not worked (eg, certain jobs for trainers). Special rules apply to private higher education institutions.

Reference texts

• Articles L. 3123-31 L. 3123-37, R. 3124-5, R. 3124-8 and D. 3123-4 of the Labour Code
• Decree No. 2009-498 of 30 April 2009 (Official Gazette of May 3)