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article-ACFg1E_1
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article-ACFg1E
| 1
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6cb6d7a42e50a57a
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Que faire à la suite d’un accident du travail ?
|
Travail-Emploi
|
travail-emploi
|
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
|
09/10/2024
|
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
|
[
"Vous êtes employeur"
] |
Tout accident du travail doit faire l’objet d’une déclaration auprès de la caisse primaire d’assurance maladie (CPAM) ou de la mutualité sociale agricole (MSA) dans les 48 heures après que vous ayez eu connaissance de l’accident du travail via le site net-entreprises. fr.Si l’accident du travail concerne un intérimaire mis à disposition au sein de votre entreprise, il vous appartient d’informer l’entreprise de travail temporaire de la survenance de l’accident, par la transmission du formulaire spécifique qui lui permettra de réaliser la déclaration d’accident du travail. Vous devez également informer le service prévention de la caisse régionale (Carsat, Cramif, CGSS) ainsi que les services de l’inspection du travail.En cas d’accident du travail, des mesures de prévention immédiate doivent être prises pour éviter le suraccident (par exemple, suspendre l’utilisation d’un équipement, interdire l’accès à une zone de travail) et une réflexion de fond doit être engagée pour identifier les causes et mettre en place des actions correctrices pour éviter la réitération.Le comité social et économique (CSE) réalise des enquêtes en matière d’accident du travail ou de maladie professionnelle ou à caractère professionnel. L’employeur a l’obligation
|
Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
Tout accident du travail doit faire l’objet d’une déclaration auprès de la caisse primaire d’assurance maladie (CPAM) ou de la mutualité sociale agricole (MSA) dans les 48 heures après que vous ayez eu connaissance de l’accident du travail via le site net-entreprises. fr.Si l’accident du travail concerne un intérimaire mis à disposition au sein de votre entreprise, il vous appartient d’informer l’entreprise de travail temporaire de la survenance de l’accident, par la transmission du formulaire spécifique qui lui permettra de réaliser la déclaration d’accident du travail. Vous devez également informer le service prévention de la caisse régionale (Carsat, Cramif, CGSS) ainsi que les services de l’inspection du travail.En cas d’accident du travail, des mesures de prévention immédiate doivent être prises pour éviter le suraccident (par exemple, suspendre l’utilisation d’un équipement, interdire l’accès à une zone de travail) et une réflexion de fond doit être engagée pour identifier les causes et mettre en place des actions correctrices pour éviter la réitération.Le comité social et économique (CSE) réalise des enquêtes en matière d’accident du travail ou de maladie professionnelle ou à caractère professionnel. L’employeur a l’obligation
|
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article-ACFg1E_2
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article-ACFg1E
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62a1bff05c598f2e
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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[
"Vous êtes employeur"
] |
d’informer le CSE de la survenance d’un accident grave et de le réunir dans les entreprises d’au moins 50 salariés.Pour vous aider dans cette démarche, l’INRS propose un outil pédagogique « Agir suite à un AT ».En cas de survenue d’un accident du travail mortel dans votre entreprise, ce guide de l’Assurance Maladie – Risques professionnels rappelle les démarches à mettre en œuvre. L’employeur est notamment tenu, depuis juin 2023, d’informer l’inspecteur du travail compétent pour le lieu de survenance de l’accident dans les douze heures. L’article R. 4121-5 du code du travail précise les informations à transmettre à l’inspecteur du travail dans cette situation.La survenance d’un accident du travail grave ou mortel dans l’entreprise peut avoir des conséquences sur le collectif de travail et la santé des salariés, dont certains peuvent avoir été témoins de l’accident. Il est fortement recommandé de prendre contact très rapidement avec le médecin du travail afin d’évoquer avec ce dernier, les mesures d’urgence à prendre vis-à-vis des collègues ou témoins de l’accident (accompagnement du service de prévention et de santé au travail, recours à une cellule d’écoute psychologique...).
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Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
d’informer le CSE de la survenance d’un accident grave et de le réunir dans les entreprises d’au moins 50 salariés.Pour vous aider dans cette démarche, l’INRS propose un outil pédagogique « Agir suite à un AT ».En cas de survenue d’un accident du travail mortel dans votre entreprise, ce guide de l’Assurance Maladie – Risques professionnels rappelle les démarches à mettre en œuvre. L’employeur est notamment tenu, depuis juin 2023, d’informer l’inspecteur du travail compétent pour le lieu de survenance de l’accident dans les douze heures. L’article R. 4121-5 du code du travail précise les informations à transmettre à l’inspecteur du travail dans cette situation.La survenance d’un accident du travail grave ou mortel dans l’entreprise peut avoir des conséquences sur le collectif de travail et la santé des salariés, dont certains peuvent avoir été témoins de l’accident. Il est fortement recommandé de prendre contact très rapidement avec le médecin du travail afin d’évoquer avec ce dernier, les mesures d’urgence à prendre vis-à-vis des collègues ou témoins de l’accident (accompagnement du service de prévention et de santé au travail, recours à une cellule d’écoute psychologique...).
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article-ACFg1E_3
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article-ACFg1E
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198ed9049f15c934
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
|
travail-emploi
|
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
|
09/10/2024
|
https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
|
[
"Vous êtes victime ou membre de la famille d’une victime"
] |
Ce guide vise à accompagner les victimes d’accidents du travail et leurs familles dans leurs démarches en vue de faire valoir leurs droits. Composé de 10 fiches, ce guide vous aidera notamment à identifier les interlocuteurs pouvant être mobilisés, selon votre situation (arrêt de travail, inaptitude, démarches judiciaires, démarches suite au décès d’un salarié...).Si l’employeur n’a pas transmis de déclaration d’accident du travail à la CPAM ou à la MSA (régime agricole), le salarié ou ses ayants droit peuvent réaliser cette déclaration dans un délai de deux ans suivant l’accident. Pour vous aider dans les démarches à effectuer pour la reconnaissance d’un accident du travail, voir le site Service-public. gouv. fr.En cas de décès d’un proche au travail, l’Assurance maladie – Risques professionnels vous accompagne dans vos démarches. Vous trouverez toutes les informations sur Accident de travail : Décès d’un salarié | ameli. fr | Entreprise.L’indemnisation de l’accident du travailUn accident du travail peut faire l’objet de plusieurs dispositifs d’indemnisation :Prise en charge des soins et arrêt(s) de travailIndemnisation des séquelles permanentes (réparation forfaitaire)Indemnisation complémentaire en cas de « faute
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Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
Ce guide vise à accompagner les victimes d’accidents du travail et leurs familles dans leurs démarches en vue de faire valoir leurs droits. Composé de 10 fiches, ce guide vous aidera notamment à identifier les interlocuteurs pouvant être mobilisés, selon votre situation (arrêt de travail, inaptitude, démarches judiciaires, démarches suite au décès d’un salarié...).Si l’employeur n’a pas transmis de déclaration d’accident du travail à la CPAM ou à la MSA (régime agricole), le salarié ou ses ayants droit peuvent réaliser cette déclaration dans un délai de deux ans suivant l’accident. Pour vous aider dans les démarches à effectuer pour la reconnaissance d’un accident du travail, voir le site Service-public. gouv. fr.En cas de décès d’un proche au travail, l’Assurance maladie – Risques professionnels vous accompagne dans vos démarches. Vous trouverez toutes les informations sur Accident de travail : Décès d’un salarié | ameli. fr | Entreprise.L’indemnisation de l’accident du travailUn accident du travail peut faire l’objet de plusieurs dispositifs d’indemnisation :Prise en charge des soins et arrêt(s) de travailIndemnisation des séquelles permanentes (réparation forfaitaire)Indemnisation complémentaire en cas de « faute
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article-ACFg1E_4
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article-ACFg1E
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ba460b2818181c47
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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[
"Vous êtes victime ou membre de la famille d’une victime"
] |
inexcusable » de l’employeurIndemnisation en cas de licenciementPour plus d’information, consultez Accident du travail : vos indemnités journalières | ameli. fr | Assuré
|
Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
inexcusable » de l’employeurIndemnisation en cas de licenciementPour plus d’information, consultez Accident du travail : vos indemnités journalières | ameli. fr | Assuré
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article-ACFg1E_5
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article-ACFg1E
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fb0b71935b3a933b
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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"Le rôle du conseil social et économique (CSE)"
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Suite à un accident du travail, le CSE, lorsqu’il existe dans l’entreprise, peut mener une enquête. Celle-ci est réalisée par une délégation comprenant l’employeur ou son représentant et un représentant du personnel siégeant à ce comité.L’enquête du CSE a pour objectif d’analyser les causes de l’accident et de proposer des mesures pour éviter qu’il ne se reproduise.
|
Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
Suite à un accident du travail, le CSE, lorsqu’il existe dans l’entreprise, peut mener une enquête. Celle-ci est réalisée par une délégation comprenant l’employeur ou son représentant et un représentant du personnel siégeant à ce comité.L’enquête du CSE a pour objectif d’analyser les causes de l’accident et de proposer des mesures pour éviter qu’il ne se reproduise.
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article-ACFg1E_6
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article-ACFg1E
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2d5d55ecd61695f3
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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"Le rôle de l’inspection du travail"
] |
En cas d’accident du travail mortel, l’employeur a l’obligation d’informer l’inspection du travail. La victime d’un accident grave ou la famille d’un proche victime d’un accident mortel peut contacter l’inspection du travail.L’inspection du travail a pour mission d’informer les usagers sur leurs droits, notamment à la suite d’un accident du travail. Par ailleurs, en cas d’accident du travail grave ou mortel, les services de l’inspection du travail sont rapidement informés et se rendent sur place afin de mener une enquête. Si des infractions aux règles de sécurité prévues par le code du travail sont constatées, l’inspecteur du travail a la possibilité d’en informer le procureur de la République par un procès-verbal.Le procès-verbal de l’inspection du travail est une pièce judiciaire et ne peut être transmis à la victime ou ses ayants-droit. Toutefois, vous avez la possibilité de demander le numéro d’enregistrement de la procédure afin de pouvoir vous constituer partie civile et avoir accès aux éléments du dossier pénal. Si le procureur de la République décide d’engager des poursuites, l’employeur responsable des infractions sera renvoyé devant une chambre correctionnelle. Il pourra alors
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Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
En cas d’accident du travail mortel, l’employeur a l’obligation d’informer l’inspection du travail. La victime d’un accident grave ou la famille d’un proche victime d’un accident mortel peut contacter l’inspection du travail.L’inspection du travail a pour mission d’informer les usagers sur leurs droits, notamment à la suite d’un accident du travail. Par ailleurs, en cas d’accident du travail grave ou mortel, les services de l’inspection du travail sont rapidement informés et se rendent sur place afin de mener une enquête. Si des infractions aux règles de sécurité prévues par le code du travail sont constatées, l’inspecteur du travail a la possibilité d’en informer le procureur de la République par un procès-verbal.Le procès-verbal de l’inspection du travail est une pièce judiciaire et ne peut être transmis à la victime ou ses ayants-droit. Toutefois, vous avez la possibilité de demander le numéro d’enregistrement de la procédure afin de pouvoir vous constituer partie civile et avoir accès aux éléments du dossier pénal. Si le procureur de la République décide d’engager des poursuites, l’employeur responsable des infractions sera renvoyé devant une chambre correctionnelle. Il pourra alors
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acb4394bd600bcba
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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[
"Le rôle de l’inspection du travail"
] |
être condamné et votre qualité de victime pourra être reconnue à cette occasion.Services en ligne Échanger avec le bon conseiller pour votre entreprise sur Conseillers Entreprise Service Public
|
Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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232b532c1b40a167
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Que faire à la suite d’un accident du travail ?
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Travail-Emploi
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travail-emploi
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Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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09/10/2024
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https://travail-emploi.gouv.fr/que-faire-la-suite-dun-accident-du-travail
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"Services en ligne"
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Échanger avec le bon conseiller pour votre entreprise sur Conseillers Entreprise Service Public
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Que faire à la suite d’un accident du travail ?
Vous êtes employeur ? Victime ou proche de la victime ? représentant du personnel ? Retrouvez sur cette page les démarches à effectuer en cas d’accident du travail.
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article100976_1
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article100976
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f9c4c39c794e4df4
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
À savoir ! Si le contrat de travail est conclu pour une durée indéterminée, à temps plein, la rédaction d’un écrit, même si elle est vivement conseillée, n’est pas obligatoire, sauf dispositions contraires prévues par la convention collective applicable.La subordination en vidéo (Web série droit du travail)Retranscription textuelle Un acteur de téléréalité est-il un salarié ? Et un livreur à vélo travaillant pour une plateforme ? Et un étudiant en droit en stage dans un restaurant en qualité de plongeur ? À travers ces questions, nous allons nous pencher sur la qualification du salariat et le lien juridique de subordination. Quel est le contenu de cette notion ? C'est ce que nous allons voir. Bonjour, c'est Honorine et aujourd'hui je vais vous présenter le lien de subordination juridique, un épisode d'une série consacrée au droit du travail. La distinction entre le contrat de travail et les formes voisines de contrat présente un intérêt pratique pour déterminer si une personne est bénéficiaire ou non de la législation sociale. Le Code du travail ne fournit aucune définition du contrat de travail et c'est essentiellement en se référant à la jurisprudence que
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article100976_2
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article100976
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e279630b107ec81b
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
l'on peut en proposer une. La Cour de cassation a dégagé des éléments qui permettent de retenir la définition suivante. Le contrat de travail est la convention par laquelle une personne physique s'engage à mettre sa force de travail à la disposition d'une autre personne, physique ou morale, sous la subordination de laquelle elle se place moyennant une rémunération. Trois éléments caractérisent donc le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Cependant, la réunion des deux premiers éléments n'est pas suffisante. L'accomplissement d'un travail moyennant rémunération peut faire en effet l'objet d'autres contrats comme le contrat d'entreprise ou le contrat de sous-traitance. Le lien de subordination est spécifique du contrat de travail, intéressons-nous à cette notion. C'est en 1996 que la Cour de cassation, dans le célèbre arrêt Société Générale, a défini la subordination. Selon la haute juridiction, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres et des directives, d'en contrôler l'exécution et de sanctionner les manquements de son
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article100976_3
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article100976
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43dc62df0e0594c9
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte,
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
subordonné. Cette définition est centrée sur la preuve d'un rapport de pouvoir entre salariés et employeurs. Le critère du lien de subordination repose à titre principal sur la caractérisation d'un rapport de pouvoir. Comme le rappelle Pascal Lokiec, le terme « subordination », désormais quelque peu vieilli, tient au fait que le pouvoir se caractérise classiquement par la direction du travail du salarié, c'est-à-dire par des ordres et des directives. La caractérisation du lien de subordination implique, outre le pouvoir de direction, un contrôle sur l'activité du salarié, lequel peut se manifester de différentes manières : des vérifications, des systèmes de géolocalisation, de comptage, etc. Le pouvoir de sanction, enfin, résulte le plus souvent implicitement des termes du contrat, le juge n'exigeant évidemment pas que le travailleur ait effectivement été sanctionné. Dans bien des cas, les critères issus de l'arrêt Société Générale sont difficiles à caractériser, voire inapplicables lorsque l'activité exercée par le salarié l’est de manière autonome ou lorsqu'il bénéficie d'une indépendance technique. Pour la Cour de cassation, l'indépendance technique n'exclut pas la subordination. La haute juridiction prend en compte,
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article100976_4
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article100976
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0dc31a59ec270b87
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
lorsqu'elle existe, une autre dimension de la subordination : l'appartenance du salarié à une organisation. En effet, cette dernière est un formidable vecteur de pouvoir. La jurisprudence a ainsi reconnu que, sans recevoir d'ordres et de directives quant à l'exercice de leur activité, sont salariés un médecin, un enseignant, un moniteur, un avocat, dès lors qu'ils sont intégrés dans un service organisé. L'organisation du service doit toutefois être décidée unilatéralement par l'employeur. Les juges rechercheronten particulier si le lieu de travail et les horaires sont fixés par l'entreprise et si le matériel utilisé est fourni par cette dernière. Le risque est utilisé, aujourd'hui comme hier, à titre complémentaire, soit au titre du rapport de pouvoir, soit au titre du service organisé pour distinguer le travailleur indépendant du salarié. Dans leur recherche de qualification du contrat de travail, les juges peuvent s'appuyer sur une définition du travail indépendant. Celui-ci se caractérise par les éléments suivants : la possibilité de se constituer sa propre clientèle, la liberté de fixer ses tarifs, la liberté de fixer les conditions d'exécution de la prestation de service. L'article L. 8221-6 du Code du
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article100976_5
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article100976
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c91ab15326d37142
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
travail institue une présomption d'absence de contrat de travail dans certains cas. Notamment s'il y a immatriculation au registre du commerce et des sociétés. Cet article définit également les conditions dans lesquelles un contrat d'entreprise peut être requalifié en contrat de travail. La présomption simple peut être levée lorsque ces personnes fournissent directement ou par personne interposée des prestations à un donneur d'ouvrage dans les conditions qui le placent dans un lien de subordination comparable à celui existant entre le salarié et son employeur. Quelle serait la portée des critères de subordination énoncés précédemment s’il suffisait aux parties d'indiquer que le contrat n'a pas la nature d'un contrat de travail pour écarter l'application du droit du travail ? Selon une jurisprudence constante, les parties ne peuvent jouer sur la qualification du contrat, en dénommant « contrat d’entreprise » un contrat qui, dans les faits, réunit les critères du contrat de travail. La Cour de cassation pose en tant que principe que l'existence d'une relation de travail ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais
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article100976_6
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article100976
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643ac2801854223e
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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[
"Le contrat de travail : les principales caractéristiques"
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des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine.
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
des conditions de faits dans lesquelles est exercée l'activité des travailleurs. Le juge peut donc s'appuyer sur toute une série d'éléments via la technique du faisceau d'indices pour déterminer la subordination, que ce soient des stipulations du contrat, les conditions d'accomplissement effectif du travail ou le comportement des parties. En 2009, il a ainsi été jugé que la participation à une émission de téléréalité comme l’Île de la tentation relevait d'une relation de travail. Dans cette affaire, la Cour de cassation avait constaté que les conditions de tournage caractérisaient la subordination. Les participants étaient en effet astreints à prendre part à des réunions et à des activités, ils se voyaient imposer des horaires de travail et de sommeil fixés par la production, ils ne communiquait pas avec l'extérieur et évoluaient dans le temps et dans un lieu sans rapport avec leur vie personnelle. En 2010, la Cour de cassation s'était prononcée sur une situation qualifiée de stage. Un restaurant avait recouru à deux stagiaires étrangères en les employant, l'une en qualité d'aide-cuisine affectée à la plonge et l'autre en qualité de commis de cuisine.
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article100976_7
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article100976
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4d853df53dca1b9d
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
Les stages étaient sans rapport avec les études poursuivies et les deux jeunes n'avaient reçu aucune formation. Ainsi, il existait une véritable relation de travail caractérisée par un lien de subordination. De la même manière, la seule signature d'un contrat dit de bénévolat entre une association et une personne, n'exclut pas l'existence d'un contrat de travail dès l'instant que les critères de ce dernier sont réunis. On peut noter que le Code du travail, dans sa septième partie, accorde à une liste de travailleurs en situation de dépendance économique un minimum de protection. Sont concernés les VRP, les journalistes professionnels, les artistes du spectacle, les mannequins, les concierges, les travailleurs à domicile et les gérants de succursale de commerce de détail alimentaire. C'est également le cas des travailleurs utilisant une plateforme de mise en relation par voie électronique. C'est ce que nous allons voir dans un zoom. L'essor des plateformes numériques a en effet renouvelé les enjeux autour de la protection des travailleurs économiquement dépendants. En fonction des caractéristiques concrètes de leur travail, ils sont soit des salariés, soit des travailleurs indépendants. Plusieurs arrêts emblématiques ont admis
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article100976_8
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article100976
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a236d1c73e5f04b2
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
la requalification en contrats de travail des contrats des travailleurs des plateformes évoluant dans le champ de la mobilité, les livreurs et les chauffeurs de VTC, en premier lieu. Les plateformes qui ne se présentent pas comme des employeurs mais comme des outils de mise en relation,s'opposent à la reconnaissance d'un lien de subordination, invoquant le fait que les travailleurs restent libres de déterminer eux mêmes les plages horaires au cours desquelles ils souhaitent travailler. Ces arguments n'ont pas convaincu la Cour de cassation dans l'arrêt relatif à Take Eat Easy de 2018. La Cour considère d'une part que l'application était dotée d'un système de géolocalisation permettant le suivi en temps réel par la société de la position du coursier et la comptabilisation du nombre total de kilomètres parcourus, de sorte que le rôle de la plateforme ne se limitait pas à la mise en relation du restaurateur, du client et du coursier. D'autre part, la société disposait d'un pouvoir de sanction à l'égard du coursier, constatation dont il résultait l'existence d'un pouvoir de direction et de contrôle de l'exécution de la prestation du livreur caractérisant un
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article100976_9
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article100976
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96857bf60afcf442
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail,
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
lien de subordination. Dans l'arrêt Uber de 2020, la Cour de cassation mobilise le critère du service organisé. Loin de décider librement de l'organisation de son activité, de rechercher une clientèle ou de choisir ses fournisseurs, le chauffeur a ainsi intégré un service de prestation de transport créé et entièrement organisé par la société Uber. La prestation n'existe que grâce à cette plateforme, le chauffeur ne constitue aucune clientèle propre, ne fixe pas librement ses tarifs ni les conditions d'exercice de sa prestation de transport, qui sont entièrement régis par la société Uber. Ces arrêts n'excluent pas que des travailleurs des plateformes relèvent toujours du statut d'indépendant, statut que le juge peut remettre en cause, comme nous venons de le voir. Depuis 2016, le Code du travail comprend des dispositions sur les travailleurs indépendants des plateformes. Ces dispositions comprennent une responsabilité sociale de la plateforme et la reconnaissance de droits collectifs pour les travailleurs. Ceux-ci ne bénéficient pas des dispositions relatives à l'encadrement de la durée du travail et des temps de repos, au salaire minimum, aux congés payés, à l'encadrement de la rupture du contrat de travail,
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article100976_10
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article100976
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2213ad992e6f3d29
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
aux mesures de suivi de l'état de santé, aux dispositifs d'épargne salariale. Les seules règles du Code du travail applicables aux travailleurs des plateformes sont les règles spécifiques prévues dans la septième partie du Code du travail relative aux travailleurs particuliers. Parmi ces règles, certaines sont reprises de la réglementation du travail pour les salariés, comme le droit à la formation ou le droit de grève, mais sont adaptées aux travailleurs des plateformes. L'ensemble des règles relatives aux plateformes pourrait évoluer dans les années à venir sous l'impact du droit de l'Union européenne, qui, entre autres, prévoit d'instituer une présomption de salariat pour les travailleurs des plateformes de travail numérique. Concluons cet épisode par quelques mots sur le contentieux de la qualification de salarié. Le contentieux civil, tout d'abord. C'est au salarié qu'il appartient de prouver l'existence d'un contrat de travail si celui-ci est contesté. Il mènera son action devant le conseil des prud’hommes. La question peut aussi être portée devant le tribunal judiciaire dans le cadre du contentieux des élections professionnelles. Par ailleurs, le pôle social du tribunal judiciaire peut être saisi, dans le cadre du
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article100976_11
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article100976
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891d7c4ac154d6bf
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
contentieux de la protection sociale, sur la nature d'un contrat et d'assujettissement à la sécurité sociale. Le contentieux pénal ensuite, en cas de poursuites engagées par le procureur de la République, une condamnation au titre du travail dissimulé pourra être prononcée par le tribunal correctionnel. La chambre criminelle de la Cour de cassation, tout comme la chambre sociale, est ainsi amenée à examiner des affaires où la question de la subordination est posée. Notons que les pouvoirs publics ont adopté un plan de lutte contre le travail illégal qui comprend des dispositions sur le travail dissimulé et la lutte contre les faux statuts. Il y a en effet de faux stagiaires, de faux indépendants et de faux bénévoles qui sont de vrais salariés. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Premièrement, trois éléments caractérisent le contrat de travail : la fourniture d'un travail, le paiement d'une rémunération et l'existence d'un lien de subordination. Ensuite, la subordination se définit comme l'exécution d'un travail sous l'autorité d'un employeur qui a le pouvoir de donner des ordres, d'en
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article100976_12
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article100976
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d81b7a3eeee6656b
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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contrôler l'exécution et de sanctionner les manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
contrôler l'exécution et de sanctionner les manquements. Enfin, l'existence d'une relation de travail salariée ne dépend ni de la volonté exprimée par les parties, ni de la dénomination qu'elles ont donné à leur convention, mais des conditions de fait dans lesquelles est exercée l'activité.En savoir plus sur la web série « Droit du travail »Qui peut conclure un contrat de travail ? L’employeur peut être une personne physique (entrepreneur individuel...) ou une personne morale (association, SARL...). Dans ce cas, le contrat est conclu par la personne munie du pouvoir d’engager la société : gérant, directeur dont les fonctions comportent le recrutement de salariés, etc. Sur ce point, on signalera que, selon la jurisprudence de la Cour de cassation (arrêt du 15 déc. 2010), la « délégation du pouvoir de conclure un contrat de travail peut être tacite [...] ; elle peut découler des fonctions du salarié signataire du contrat pour le compte de l'employeur ». Côté salarié, toute personne peut conclure un contrat de travail avec, cependant, quelques restrictions concernant le majeur sous tutelle (le contrat doit alors être conclu avec son représentant, le tuteur) et les
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article100976_13
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article100976
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a5643ef6d5384de7
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
jeunes de moins de 18 ans. Ceux-ci ne peuvent en effet conclure de contrat de travail sans l'autorisation de leur représentant légal (père, mère, tuteur), sauf s'ils sont émancipés, c'est-à-dire considérés comme majeurs après décision de justice (voir précisions ci-après). En outre, selon leur âge certaines règles doivent être observées :Il est interdit d’employer des jeunes de moins de 16 ans, sauf cas particuliers :Pour les activités mentionnées à l’article L. 7124-1 du Code du travail (activités du spectacle, mannequinat, etc. ) sur autorisation du préfet ;Dans le cadre de l'apprentissage à partir de 15 ans ;Ou pendant une partie des vacances scolaires à partir de 14 ans ;Dans tous les cas, l’employeur est soumis à des contraintes spécifiques, en particulier en matière de sécurité et de durée du travail dès lors que le jeune a moins de 18 ans. Autorisation parentale pour les mineursL’autorisation écrite de travail pour les mineurs de moins de 18 ans n’étant pas considérée comme un acte courant de l’exercice de l’autorité parentale, l’accord écrit des deux parents est expressément requis. Lorsque les parents ne parviennent pas à
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article100976_14
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article100976
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517de59c684b00ab
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Vérifier sur le site du Code du travail numérique si votre convention collective impose que le CDI soit écrit et signéToutefois, si le contrat reste verbal, l'employeur a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
s'entendre, celui d'entre eux qui souhaite consentir au travail de son enfant mineur non émancipé doit obtenir l'autorisation préalable du juge des tutelles. Un modèle de requête est disponible accompagné de sa notice explicative. Le contrat doit-il être écrit ? Seul le contrat à durée indéterminée (CDI) à temps complet peut être non-écrit (la convention collective applicable peut toutefois, même dans ce cas, imposer la rédaction d’un écrit). Le contrat est alors qualifié d'oral, de verbal ou de tacite (pour éviter des contentieux inutiles, il est toujours préférable de conclure un contrat de travail écrit). Vérifier sur le site du Code du travail numérique si votre convention collective impose que le CDI soit écrit et signéToutefois, si le contrat reste verbal, l'employeur a l'obligation de remettre au salarié un document écrit reprenant les informations contenues dans la déclaration préalable à l'embauche adressée à l'URSSAF (ou à la Mutualité sociale agricole - MSA). Cette obligation de remise est considérée comme satisfaite dès lors que le salarié dispose d’un contrat de travail écrit, accompagné de la mention de l’organisme destinataire de la déclaration (selon le cas, Urssaf ou
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article100976_15
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article100976
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159a7f80eb3fff33
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
caisse de MSA). Dans tous les cas, l’employeur est également tenu de remettre au salarié un ou plusieurs documents écrits précisant les informations essentielles relatives à la relation travail (le cas échéant, l’employeur peut utiliser, en les adaptant et en les actualisant si nécessaire, les modèles de documents figurant en annexe de l’arrêté du 3 juin 2024 cité en référence) ; sur cette obligation, issue de la loi du 9 mars 2023, du décret du 30 octobre 2023 et de l’arrêté précité pris pour son application, on se reportera aux précisions figurant sur notre site. Hormis le CDI à temps complet, tous les autres contrats doivent être écrits (en cas de recours au CESU pour un CDD ou un temps partiel, voir précisions sur notre site). Sont concernés :Le contrat à durée indéterminée à temps partiel ;Le contrat à durée déterminée ;Le contrat de travail à temps partiel ;Le contrat de travail intermittent ;Le contrat de travail temporaire ;Le contrat de professionnalisation ;Le contrat d'apprentissage ;Les contrats spécifiques prévus pour les personnes en difficulté, notamment le contrat unique d’insertion, dans sa forme contrat d’accompagnement dans l’emploi ou
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article100976_16
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article100976
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36918c4306667699
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. À défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 4 005 € depuis le 1er janvier 2026) pour
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
contrat initiative-emploi ;Les contrats conclus avec les groupements d’employeurs ;Le contrat de travail en portage salarial à durée déterminée, ou à durée indéterminée. Le portage salarialLe portage salarial désigne l'ensemble organisé constitué par :D'une part, la relation entre une entreprise dénommée « entreprise de portage salarial » effectuant une prestation au profit d'une entreprise cliente, qui donne lieu à la conclusion d'un contrat commercial de prestation de portage salarial ;D'autre part, le contrat de travail conclu entre l'entreprise de portage salarial et un salarié désigné comme étant le « salarié porté », lequel est rémunéré par cette entreprise. Le salarié porté justifie d'une expertise, d'une qualification et d'une autonomie qui lui permet de rechercher lui-même ses clients et de convenir avec eux des conditions d'exécution de sa prestation et de son prix. Il bénéficie d'une rémunération minimale définie par accord de branche étendu. À défaut d'accord de branche étendu, le montant de la rémunération mensuelle minimale est fixé à 75 % de la valeur mensuelle du plafond de la sécurité sociale (plafond fixé à 4 005 € depuis le 1er janvier 2026) pour
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article100976_17
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article100976
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7bc667e6327edf2c
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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une activité équivalant à un temps plein. Les dispositions applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
une activité équivalant à un temps plein. Les dispositions applicables au portage salarial figurent aux articles L. 1254-1 et suivants du Code du travail. Rédiger le contrat de travail : quelles règles respecter ? Lorsqu'il est conclu en France, le contrat doit être rédigé en français. Il peut toutefois comporter des termes étrangers, sans correspondance en français, s'ils sont clairement expliqués. Pour plus de précisions sur l’emploi de la langue française dans les relations de travail, on pourra utilement se reporter au document mis en ligne sur ce site. Le salarié étranger peut demander la traduction de son contrat dans sa langue d'origine. L'employeur et le salarié sont libres de négocier le contenu du contrat de travail. Deux règles doivent néanmoins être respectées :S'agissant d'un contrat dont la rédaction est imposée (contrat à durée déterminée, contrat de formation en alternance... - voir ci-dessus), il contient obligatoirement les mentions prévues par le Code du travail ;Toute autre clause peut être insérée (clause de mobilité... ) à condition de ne pas être contraire à l'ordre public. Ainsi par exemple, les clauses de célibat, les clauses discriminatoires ou
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article100976_18
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article100976
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138d3a4e0950ab54
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
celles prévoyant une rémunération inférieure au SMIC sont interdites et sans effet. Le contrat de travail peut-il comporter une période d'essai ? Oui, c’est une possibilité laissée à l’appréciation de l’employeur et du salarié. Prévoir une période d’essai permet à l’employeur comme au salarié de rompre, au cours de la période fixée, le contrat de travail sans formalité ni indemnité, mais en respectant un délai de prévenance. La période d’essai et la possibilité de son renouvellement dans les limites fixées par la loi, ne se présument pas : elles doivent être mentionnées dans le contrat de travail ou dans la lettre d’engagement ; pour plus de précisions, on peut se reporter à la fiche consacrée à cette question. Des dispositions particulières s’appliquent au contrat à durée déterminéeLe contrat de travail ou la lettre d’engagement ne peut pas fixer une période d’essai d’une durée supérieure à celle prévue par la loi. De même, un salarié à temps partiel ne peut se voir imposer une période d’essai plus longue que celle d’un salarié à temps plein. Quelles obligations découlent du contrat de travail ? Employeur et salarié
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article100976_19
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article100976
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aad0650494bb7b9d
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
doivent respecter les obligations nées du contrat de travail et exécuter celui-ci de bonne foi. L'employeur est tenu de :Fournir un travail dans le cadre de l'horaire établi ;Verser le salaire correspondant au travail effectué ;Respecter les autres éléments essentiels du contrat (qualification, lieu de travail quand il est précisé dans le contrat... ) ;Faire effectuer le travail dans le respect du Code du travail et de la convention collective applicable à l'entreprise. Le salarié doit, quant à lui :Observer les horaires de travail ;Réaliser le travail demandé conformément aux instructions données ;Respecter les engagements mentionnés dans le contrat de travail et, lorsqu'il en existe un, les clauses du règlement intérieur ;Ne pas faire de concurrence déloyale à son employeur. Quelles sont les situations entraînant la suspension du contrat de travail ? Dans un certain nombre de situations prévues par le Code du travail, le contrat de travail est suspendu, ce qui a pour principal effet de dispenser le salarié d’exécuter sa prestation de travail. De son côté, l’employeur est, en principe, dispensé du versement du salaire pour la période correspondant à la suspension du contrat ; il
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article100976_20
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article100976
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aa53fa5cdb25e7b5
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du Code du travail. Au terme de la période de suspension, le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé de maternité, accidents du
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
peut toutefois être tenu, selon les motifs de la suspension, au versement d’une indemnité (ex. : indemnité de congés payés) ou d’une allocation (ex. : activité partielle). Parmi les principaux congés ou absences entraînant la suspension du contrat de travail, on signalera (se reporter aux fiches en ligne sur notre site) :Les congés de maternité, de paternité et d’accueil de l’enfant ou d’adoption ;Les congés pour événements familiaux ;Le congé de présence parentale, le congé parental d’éducation, le congé de proche aidant, le congé de solidarité familiale ;Le congé sabbatique ;Le congé pour création ou reprise d’entreprise ;Les arrêts de travail pour maladie (professionnelle ou non), accidents du travail ou accidents de trajet;L’activité partielle ;Certains congés de formation ;Les absences au titre de la réserve opérationnelle, dans les conditions fixées par les articles L. 3142-89 à L. 3142-94-1 du Code du travail. Au terme de la période de suspension, le salarié doit retrouver son emploi ou un emploi similaire assorti d’une rémunération au moins équivalente. Sauf cas particuliers (ex. : congé de maternité, accidents du
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article100976_21
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article100976
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bdd71abb348bccb4
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Services en ligne Est-il obligatoire d'avoir un contrat de travail écrit et signé ? Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicÀ lire sur ce site Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
travail), la suspension de son contrat de travail ne le protège pas contre une éventuelle mesure de licenciement. Mobilité volontaire sécuriséeLe contrat de travail d’un salarié qui bénéficie d’une période de mobilité volontaire sécurisée est également suspendu.Textes de référence Articles L. 1211-1, L. 1221-1 à L. 1221-5, L. 1221-19 à L. 1221-26, R. 1221-1 , L. 1254-14 et L. 1254-20 et R. 1221-34 à R. 1221-41 du Code du travailLoi n° 2023-171 du 9 mars 2023 (JO du 10)Décret n° 2023-1004 du 30 octobre 2023 (JO du 31)Arrêté du 3 juin 2024 (JO du 16)Services en ligne Est-il obligatoire d'avoir un contrat de travail écrit et signé ? Échanger avec le bon conseiller pour votre entreprise sur Conseillers-Entreprises Service PublicÀ lire sur ce site Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat
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article100976_22
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article100976
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e0785066dad07904
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Le travail à temps partiel : définition et mise en place Le salarié à temps partiel est celui dont la durée du travail, obligatoirement mentionnée dans son contrat de travail, est... Fiche pratique Date de mise à jour le 18 novembre 2025 Le contrat de travail intermittent Le travail intermittent se caractérise par l’alternance de périodes travaillées et de périodes non travaillées. Il doit être... Fiche pratique Date de mise à jour le 16 avril 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 3 juillet 2025 La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son... Fiche pratique Date de mise à jour le 25 septembre 2025 Le règlement intérieur Obligatoirement établi dans les entreprises ou établissements employant habituellement au moins 50
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Le travail à temps partiel : définition et mise en place Le salarié à temps partiel est celui dont la durée du travail, obligatoirement mentionnée dans son contrat de travail, est... Fiche pratique Date de mise à jour le 18 novembre 2025 Le contrat de travail intermittent Le travail intermittent se caractérise par l’alternance de périodes travaillées et de périodes non travaillées. Il doit être... Fiche pratique Date de mise à jour le 16 avril 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 3 juillet 2025 La période d'essai La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son... Fiche pratique Date de mise à jour le 25 septembre 2025 Le règlement intérieur Obligatoirement établi dans les entreprises ou établissements employant habituellement au moins 50
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article100976_23
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article100976
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Le contrat de travail : les principales caractéristiques
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Travail-Emploi
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travail-emploi
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Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
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30/12/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-les-principales-caracteristiques
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"Le contrat de travail : les principales caractéristiques"
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salariés, le règlement... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. gouv. fr Modification du contrat de travail d'un salariéLe contrat de travail est-il obligatoirement écrit ?
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Le contrat de travail : les principales caractéristiques
Le contrat de travail existe dès l'instant où une personne (le salarié) s'engage à travailler, moyennant rémunération, pour le compte et sous la direction d'une autre personne (l'employeur) . Le plus souvent, le contrat de travail doit être écrit . Son exécution entraîne un certain nombre d' obligations, tant pour le salarié que pour l'employeur .
salariés, le règlement... Fiche pratique Date de mise à jour le 16 avril 2025À lire sur service-public. gouv. fr Modification du contrat de travail d'un salariéLe contrat de travail est-il obligatoirement écrit ?
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article100977_1
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article100977
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99c657a7bc5832fd
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"La période d'essai"
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À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée.
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
À savoir ! Il ne faut pas confondre la période d’essai avec l’essai professionnel. Ce dernier, qui peut prendre la forme d’un test ou d’un examen, est réalisé avant toute embauche et ne constitue pas une période d’emploi. Par hypothèse, il doit être de très courte durée.
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article100977_2
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article100977
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3dc9c91206c13e1d
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Quelles sont les conditions pour qu’il existe une période d’essai ?"
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La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents.
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
La période d'essai et la possibilité de la renouveler ne se présument pas. Pour qu’il y ait une période d’essai, celle-ci doit être expressément stipulée dans la lettre d’engagement ou le contrat de travail. La possibilité de renouveler la période d’essai doit également être stipulée dans l’un ou l’autre de ces documents.
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article100977_3
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article100977
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91f681725f5ca4b0
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"Quelle est la durée de la période d’essai ?"
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Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.Selon la Cour de cassation (Chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.Vérifier ce que prévoit votre convention collective sur le renouvellement de
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Durée initiale maximaleAu terme de l’article L. 1221-19 du Code du travail, le contrat de travail à durée indéterminée peut comporter une période d'essai dont la durée maximale est :de deux mois pour les ouvriers et les employés ;de trois mois pour les agents de maîtrise et les techniciens ;de quatre mois pour les cadres.Si le contrat de travail (ou la lettre d’engagement) prévoit une période d’essai, il doit en préciser la durée en respectant ces limites.Selon la Cour de cassation (Chambre sociale, 28 avril 2011), « sauf disposition conventionnelle ou contractuelle contraire, toute période d'essai, qu'elle soit exprimée en jours, en semaines ou en mois, se décompte de manière calendaire » (tous les jours du calendrier, du lundi au dimanche compris, y compris les jours fériés).Renouvellement de la période d'essaiLa période d'essai peut être renouvelée une fois si un accord de branche étendu le prévoit. Cet accord fixe les conditions et les durées de renouvellement. La possibilité de renouvellement est expressément stipulée dans la lettre d'engagement ou le contrat de travail.Vérifier ce que prévoit votre convention collective sur le renouvellement de
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article100977_4
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article100977
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332f080d5390e709
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"Quelle est la durée de la période d’essai ?"
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la période d'essai sur le site du Code du travail numériqueLa durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
la période d'essai sur le site du Code du travail numériqueLa durée de la période d'essai, renouvellement compris, ne peut pas dépasser (art. L. 1221-21) :quatre mois pour les ouvriers et employés ;six mois pour les agents de maîtrise et techniciens ;huit mois pour les cadres.Les durées de la période d'essai telles que fixées ci-dessus ont un caractère impératif, à l'exception :de durées plus courtes fixées par des accords collectifs conclus après le 26 juin 2008, date de publication de la loi n° 2008-596 du 25 juin 2008 ;de durées plus courtes fixées dans la lettre d'engagement ou le contrat de travail.Les possibilités de réduire la période d’essaiDans les situations suivantes, la période d’essai peut être réduite, voire supprimée.Embauche à la suite d’un stageEn cas d'embauche dans l'entreprise dans les trois mois suivant l'issue du stage intégré à un cursus pédagogique réalisé lors de la dernière année d'études, la durée de ce stage est déduite de la période d'essai, sans que cela ait pour effet de réduire cette dernière de plus de la moitié, sauf accord collectif prévoyant des stipulations plus
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article100977_5
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article100977
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7d6bf6a81e6b8847
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"Quelle est la durée de la période d’essai ?"
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favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
favorables. Lorsque cette embauche est effectuée dans un emploi en correspondance avec les activités qui avaient été confiées au stagiaire, la durée du stage est déduite intégralement de la période d'essai.Embauche à la suite d’un contrat d’apprentissageSi le contrat d'apprentissage est suivi de la signature d'un contrat de travail à durée indéterminée, d'un contrat à durée déterminée ou d'un contrat de travail temporaire dans la même entreprise, aucune période d'essai ne peut être imposée, sauf dispositions conventionnelles contraires.Embauche à la suite d’un CDD ou d’une mission d’intérimComme le précise la Cour de cassation dans un arrêt du 19 juin 2024 auquel on se reportera, il résulte de l'article L. 1243-11 du Code du travail que « lorsque la relation contractuelle de travail se poursuit par un contrat à durée indéterminée à la suite d'un ou de plusieurs contrats de travail à durée déterminée, la durée du ou de ces contrats est déduite de la période d'essai éventuellement prévue dans le contrat de travail à durée indéterminée ».Dans cette affaire, la Cour de cassation a estimé qu’il ne convenait pas d’imputer sur
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article100977_6
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article100977
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250d957fd4ddb9f1
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Quelle est la durée de la période d’essai ?"
] |
la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail.Embauche après
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
la période d’essai prévue dans le CDI la seule durée du dernier CDD accompli par la salariée concernée (cette salariée exerçait des fonctions d’infirmière) dès lors qu’il était constaté qu’elle avait été également engagée par deux autres CDD antérieurs, séparés chacun par une courte période d’interruption, et qu'elle avait exercé à cette occasion en qualité d'infirmière dans différents services de soins sans aucune discontinuité fonctionnelle. Comme le souligne l’Avocat général dans son avis c’est donc « la globalité de la relation de travail, indépendamment des courtes périodes d’interruption [...], qu’il convient de retenir pour la détermination de la durée totale des activités de la salariée en CDD venant en déduction de la période d’essai instaurée dans le nouveau contrat ».De même, lorsque l'entreprise utilisatrice embauche, après une mission, un salarié mis à sa disposition par une entreprise de travail temporaire ou par un entrepreneur de travail à temps partagé, la durée des missions accomplies au sein de cette entreprise au cours des trois mois précédant le recrutement est déduite de la période d'essai éventuellement prévue dans le nouveau contrat de travail.Embauche après
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article100977_7
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article100977
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a135d42d5d0fd18d
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Quelle est la durée de la période d’essai ?"
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un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
un contrat de travailleur indépendantLorsqu’une société embauche un salarié avec lequel elle a d’ores et déjà eu l’occasion de collaborer lors d’une relation de travail – quelle qu’en soit la forme et notamment au titre d’une intervention en qualité d’auto-entrepreneur –, il convient de se demander si elle a eu l’opportunité d’apprécier les aptitudes professionnelles du salarié lors de cette précédente relation de travail. Si tel est bien le cas, et dans la mesure où la période d’essai doit permettre à l'employeur d'évaluer les compétences du salarié dans son travail, la stipulation d’une telle période d’essai dans le contrat de travail n’est pas fondée. C’est ce qu’a estimé la Cour de cassation dans une affaire où la salariée, contestant son licenciement et sollicitant la nullité de la stipulation de sa période d’essai dans son contrat de travail, affirmait avoir collaboré en tant qu’auto-entrepreneure aux mêmes fonctions que celles pour lesquelles elle avait ensuite été embauchée par contrat de travail. (Cass Soc, 20 avril 2025, n° 23-22. 289).Une durée réglementée pour certains salariésLa durée de la période d’essai est, pour certaines
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article100977_8
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article100977
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80fc688cca444557
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Quelle est la durée de la période d’essai ?"
] |
professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage...
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
professions, réglementée par des dispositions particulières : VRP, assistant(e)s maternel(le). Des règles particulières s’appliquent également aux titulaires de certains contrats : CDD, intérim, contrat d’apprentissage...
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article100977_9
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article100977
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a3e8525ef4a077ad
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"La période d’essai peut-elle être rompue ?"
] |
Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Pendant l’essai, le contrat de travail peut être librement rompu par le salarié ou par l’employeur, sans qu’il soit besoin de motiver cette rupture, et sans indemnité (sauf disposition conventionnelle contraire). Les règles de procédure concernant le licenciement ne s’appliquent pas. L’employeur et, dans certains cas, le salarié, doivent toutefois respecter un délai de prévenance.Ainsi, lorsqu'il est mis fin, par l'employeur, au contrat en cours ou au terme de la période d'essai définie aux articles L. 1221-19 à L. 1221-24 du Code du travail (voir ci-dessus), le salarié est prévenu dans un délai qui ne peut être inférieur à :vingt-quatre heures en deçà de 8 jours de présence ;quarante-huit heures entre 8 jours et 1 mois de présence ;deux semaines après 1 mois de présence ;un mois après 3 mois de présence.La période d'essai, renouvellement inclus, ne peut être prolongée du fait de la durée du délai de prévenance. Lorsque le délai de prévenance n'a pas été respecté, son inexécution ouvre droit pour le salarié, sauf s'il a commis une faute grave, à une indemnité compensatrice. Cette indemnité est égale
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article100977_10
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article100977
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d4e54b94d14b1a82
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"La période d’essai peut-elle être rompue ?"
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au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
au montant des salaires et avantages que le salarié aurait perçus s'il avait accompli son travail jusqu'à l'expiration du délai de prévenance, indemnité compensatrice de congés payés comprise (art. L. 1221-25 du Code du travail).Les dispositions ci-dessus relatives au délai de prévenance s’appliquent également à la rupture, pendant la période d’essai, d'un CDD stipulant un essai d'au moins une semaine.Pour sa part, le salarié qui met fin à la période d'essai respecte un délai de prévenance de 48 heures. Ce délai est ramené à 24 heures si la durée de présence du salarié dans l'entreprise est inférieure à 8 jours.Si la liberté de rupture de la période d’essai est la règle, un certain nombre de limites ont été posées à cette liberté, notamment par la Cour de cassation. Ainsi :la rupture de la période d’essai ne peut être fondée sur un motif discriminatoire ;si cette rupture est fondée sur un motif disciplinaire, l’employeur doit respecter la procédure disciplinaire ;l’employeur doit obtenir l’autorisation de l’inspecteur du travail pour rompre la période d’essai d’un salarié protégé.Par ailleurs, l’employeur ne doit pas faire un usage
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article100977_11
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article100977
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6091159bfe2afea8
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"La période d’essai peut-elle être rompue ?"
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abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
abusif du droit qui lui est reconnu de rompre la période d’essai à tout moment ; un employeur a ainsi été condamné à verser des dommages-intérêts au salarié pour avoir mis fin à sa période d'essai une semaine après le début des relations contractuelles, alors même que le salarié, âgé de 45 ans, venait de démissionner de son emploi précédent, qu'il effectuait un stage d'adaptation aux techniques de la société et qu'il n'avait pas encore été mis en mesure d'exercer les fonctions qui lui avaient été attribuées. Même solution en présence d’une période d’essai d’une durée d’un mois, à laquelle l’employeur met fin au bout de deux jours de travail, sans avoir pu, précisent les juges, apprécier la valeur professionnelle du salarié. De manière générale, comme le rappelle la Cour de cassation, « la période d'essai étant destinée à permettre à l'employeur d'apprécier la valeur professionnelle du salarié, est abusive sa rupture motivée par des considérations non inhérentes à la personne du salarié » (voir, par exemple, l’arrêt de la Cour de cassation du 15 décembre 2010).Qui contacter ? Inspection du travailReprésentants du personnelTextes de
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article100977_12
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article100977
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168dcd708e8df362
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"La période d’essai peut-elle être rompue ?"
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référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il...
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
référence Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travailServices en ligne Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)Modèles de documents Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)À lire sur ce site Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il...
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article100977_13
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article100977
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2027b5048dd127ba
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"La période d’essai peut-elle être rompue ?"
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Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 24 décembre 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025À lire sur service-public. gouv. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 24 décembre 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025À lire sur service-public. gouv. fr Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à
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article100977_14
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article100977
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6ea62d5c4342bb66
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"La période d’essai peut-elle être rompue ?"
] |
la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
|
La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
|
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article100977_15
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article100977
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d4c68ae2cee66e2c
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Qui contacter ?"
] |
Inspection du travailReprésentants du personnel
|
La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Inspection du travailReprésentants du personnel
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article100977_16
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article100977
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02f5a77da3800dc9
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Textes de référence"
] |
Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Articles L. 1221-19 à L. 1221-26, L. 1231-1, L. 1242-10 et L. 1242-11, L. 1251-14 et L. 1251-15 et L. 7313-5 du Code du travail
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article100977_17
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article100977
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e2faf0cc6e5345d7
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"Services en ligne"
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Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Quelle est la durée maximale de la période d'essai, sans et avec renouvellement ? (Code du travail numérique) Echanger avec le conseiller qui peut vous aider pour votre entreprise (Service public Conseillers-Entreprises)
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article100977_18
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article100977
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4114e71736f1701d
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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[
"Modèles de documents"
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Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Rupture du contrat en période d’essai par le salarié (Code du travail numérique)Demande d’accord du salarié pour le renouvellement d’une période d’essai (Code du travail numérique)Rupture de période d’essai par l’employeur (Code du travail numérique)
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article100977_19
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article100977
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5e73d425dd19f767
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"À lire sur ce site"
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Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 24 décembre 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Le CDD conclu avant un CDI réduit la durée de la période d'essai Lors d'une embauche en CDI après un ou plusieurs CDD pour le même employeur, la durée est déduite de la période d’essai. Arrêt Publié le 4 octobre 2024 Le contrat de travail à durée indéterminée (CDI) Le contrat de travail à durée indéterminée (CDI) est la forme normale et générale de la relation de travail. Par définition, il... Fiche pratique Date de mise à jour le 3 juillet 2025 Le contrat à durée déterminée (CDD) Le contrat de travail à durée indéterminée (CDI) étant la forme normale et générale de la relation de travail, la conclusion d’un... Fiche pratique Date de mise à jour le 26 janvier 2026 Recruter une assistante maternelle ou un assistant maternel L'assistant maternel est la personne qui, moyennant rémunération, accueille habituellement et de façon non permanente des mineurs... Fiche pratique Date de mise à jour le 24 décembre 2025 Le contrat de travail temporaire La conclusion d'un contrat de travail temporaire n'est possible que pour l'exécution d'une tâche précise et temporaire, dénommée... Fiche pratique Date de mise à
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article100977_20
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article100977
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49e47692ce8f58e6
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
jour le 3 juillet 2025 Le travail à temps partagé Des entreprises de travail à temps partagé (ETTP) peuvent être créées dans le but exclusif de mettre à disposition d'entreprises... Fiche pratique Date de mise à jour le 16 mai 2025
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article100977_21
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article100977
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34b882b2e1a84505
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La période d'essai
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Travail-Emploi
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travail-emploi
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La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
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25/09/2025
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https://travail-emploi.gouv.fr/la-periode-dessai
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"À lire sur service-public. gouv. fr"
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Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
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La période d'essai
La période d'essai permet à l'employeur d'évaluer les compétences du salarié dans son travail, notamment au regard de son expérience, et au salarié d'apprécier si les fonctions occupées lui conviennent. La période d’essai constitue ainsi une première phase du contrat de travail qui : n’est pas obligatoire ; doit, pour exister, être prévue dans le contrat de travail ou la lettre d’engagement ; a une durée maximale fixée par le Code du travail, les conventions collectives ou le contrat de travail, avec, dans certains cas (CDD, VRP...), application de règles particulières ; peut, sauf abus, être rompue librement sous réserve du respect d’un délai de prévenance. Au terme de la période d’essai, le salarié est définitivement embauché.
Période d'essai pour un salariéQu'est-ce qu'une période probatoire pour le salarié ? Un salarié peut-il faire plusieurs périodes d'essai chez le même employeur ? Embauche à la fin d'un stage : quelles conséquences sur la période d'essai ? Particulier employeur : période d'essai du salarié employé à domicile
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article100982_1
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article100982
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c91157c4c6b26f44
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Le contrat de travail temporaire"
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À savoir ! Conclu en dehors du cadre fixé par le Code du travail ou les conventions ou accords de branche étendus le cas échéant applicables, le contrat de travail temporaire peut être considéré comme un contrat de travail à durée indéterminée.
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
À savoir ! Conclu en dehors du cadre fixé par le Code du travail ou les conventions ou accords de branche étendus le cas échéant applicables, le contrat de travail temporaire peut être considéré comme un contrat de travail à durée indéterminée.
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article100982_2
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article100982
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1dd84c1b312bf790
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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Lire la retranscription textuelle Selon l’article L. 1251-2 du Code du travail, est un entrepreneur de travail temporaire toute personne physique ou morale dont l’activité exclusive est de mettre à la disposition temporaire d’entreprises utilisatrices des salariés qu’en fonction d’une qualification convenue, elle recrute et rémunère à cet effet. Que recoupe véritablement cette notion d’entreprise de travail temporaire ? Quelles sont les obligations de ces entreprises ? C’est ce que nous allons voir. Bonjour, c’est Honorine, aujourd’hui, je vais vous présenter les entreprises de travail temporaire, un épisode d’une série consacrée au droit du travail. L’activité d’une entreprise de travail temporaire se définit donc par deux éléments que nous allons aborder successivement dans une première partie. Nous verrons ensuite que l’activité des entreprises de travail temporaire, que nous appellerons par commodité « ETT » est très encadrée. Examinons successivement ensemble ces différents points. Au vu du Code du travail, l’entreprise de travail temporaire se définit par deux critères cumulatifs qui tiennent à son activité. Premier point : l’entreprise de travail temporaire doit avoir pour objet la fourniture de main d’œuvre à but lucratif. Ensuite, en
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
Lire la retranscription textuelle Selon l’article L. 1251-2 du Code du travail, est un entrepreneur de travail temporaire toute personne physique ou morale dont l’activité exclusive est de mettre à la disposition temporaire d’entreprises utilisatrices des salariés qu’en fonction d’une qualification convenue, elle recrute et rémunère à cet effet. Que recoupe véritablement cette notion d’entreprise de travail temporaire ? Quelles sont les obligations de ces entreprises ? C’est ce que nous allons voir. Bonjour, c’est Honorine, aujourd’hui, je vais vous présenter les entreprises de travail temporaire, un épisode d’une série consacrée au droit du travail. L’activité d’une entreprise de travail temporaire se définit donc par deux éléments que nous allons aborder successivement dans une première partie. Nous verrons ensuite que l’activité des entreprises de travail temporaire, que nous appellerons par commodité « ETT » est très encadrée. Examinons successivement ensemble ces différents points. Au vu du Code du travail, l’entreprise de travail temporaire se définit par deux critères cumulatifs qui tiennent à son activité. Premier point : l’entreprise de travail temporaire doit avoir pour objet la fourniture de main d’œuvre à but lucratif. Ensuite, en
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article100982_3
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article100982
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c2c90928420e6982
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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vertu de l’exclusivité rescrite par le Code du travail, il est interdit aux ETT de se livrer à toute autre activité, même subsidiaire. La règle d’exclusivité n’interdit pas nécessairement au représentant légal d’une société exploitant une ETT d’exercer d’autres activités que la mise à disposition d’intérimaires, mais sous réserve que ces activités interviennent dans un cadre juridique distinct et avec des moyens spécifiques. Par dérogation au principe d’exclusivité, les ETT peuvent exercer, en premier lieu, des activités de placement privé prévues par l’article L. 5321-1 du Code du travail. L’activité de placement consiste à fournir, à titre habituel, des services visant à rapprocher offre et demande d’emploi sans que la personne physique ou morale assurant cette activité ne devienne partie aux relations de travail susceptibles d’en découler. L’activité d’entreprise à temps partagé est également possible en second lieu. Pour éviter que les salariés intérimaires soient privés de salaire, les entreprises de travail temporaire doivent être officiellement déclarées à l’inspecteur du travail avant de commencer à prêter de la main d’œuvre. Leur solvabilité doit être par ailleurs garantie. C’est l’objet de la garantie financière.
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
vertu de l’exclusivité rescrite par le Code du travail, il est interdit aux ETT de se livrer à toute autre activité, même subsidiaire. La règle d’exclusivité n’interdit pas nécessairement au représentant légal d’une société exploitant une ETT d’exercer d’autres activités que la mise à disposition d’intérimaires, mais sous réserve que ces activités interviennent dans un cadre juridique distinct et avec des moyens spécifiques. Par dérogation au principe d’exclusivité, les ETT peuvent exercer, en premier lieu, des activités de placement privé prévues par l’article L. 5321-1 du Code du travail. L’activité de placement consiste à fournir, à titre habituel, des services visant à rapprocher offre et demande d’emploi sans que la personne physique ou morale assurant cette activité ne devienne partie aux relations de travail susceptibles d’en découler. L’activité d’entreprise à temps partagé est également possible en second lieu. Pour éviter que les salariés intérimaires soient privés de salaire, les entreprises de travail temporaire doivent être officiellement déclarées à l’inspecteur du travail avant de commencer à prêter de la main d’œuvre. Leur solvabilité doit être par ailleurs garantie. C’est l’objet de la garantie financière.
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article100982_4
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article100982
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004a6378af035f4e
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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Commençons par la déclaration administrative préalable. L’activité d’une ETT ne peut donc être exercée qu’après déclaration préalable à l’autorité administrative. Cette déclaration préalable qui comporte un certain nombre de mentions obligatoires, doit être datée et signée par l’entrepreneur et adressée à l’inspecteur du travail dont relève le siège de l’entreprise. Cette obligation de déclaration préalable est une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir effectué la déclaration préalable est passible des sanctions prévues aux articles L. 1255-2 et L. 1255-12 du Code du travail. Le tribunal peut également ordonner l’interdiction d’exercice de l’activité d’entreprises de travail temporaire pour une durée de 2 à 10 ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Continuons avec la garantie financière. Une ETT doit, pour exercer son activité, justifier à tout moment d’une garantie financière. Celle-ci est destinée à assurer, en cas de défaillance de sa part, notamment le paiement du salaire et de ses accessoires
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
Commençons par la déclaration administrative préalable. L’activité d’une ETT ne peut donc être exercée qu’après déclaration préalable à l’autorité administrative. Cette déclaration préalable qui comporte un certain nombre de mentions obligatoires, doit être datée et signée par l’entrepreneur et adressée à l’inspecteur du travail dont relève le siège de l’entreprise. Cette obligation de déclaration préalable est une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir effectué la déclaration préalable est passible des sanctions prévues aux articles L. 1255-2 et L. 1255-12 du Code du travail. Le tribunal peut également ordonner l’interdiction d’exercice de l’activité d’entreprises de travail temporaire pour une durée de 2 à 10 ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Continuons avec la garantie financière. Une ETT doit, pour exercer son activité, justifier à tout moment d’une garantie financière. Celle-ci est destinée à assurer, en cas de défaillance de sa part, notamment le paiement du salaire et de ses accessoires
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article100982_5
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article100982
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323b380484fedb48
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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ainsi que l’indemnité de fin de mission et de l’indemnité compensatrice de congés payés des salariés temporaires. Il s’agit également de garantir le paiement des cotisations obligatoires et des remboursements des prestations sociales de sécurité sociale à l’égard de ces mêmes organismes dans le cas où l’entreprise de travail temporaire n’aurait pas acquitté les cotisations dans les délais prescrits. Le montant de la garantie est calculé pour chaque ETT en pourcentage du chiffre d’affaires réalisé au cours du dernier exercice social et certifié par un expert-comptable dans les six mois de la clôture de l’exercice. Ce mécanisme permet, nous l’avons vu, de contrecarrer les défaillances éventuelles des ETT. Est considéré comme défaillant l’ETT qui, à l’expiration d’un délai de quinze jours suivant une mise en demeure émanant d’un salarié ou d’un organisme de sécurité sociale, n’a pas payé tout ou partie de ses dettes. L’obligation de garantie financière est, comme l’obligation de déclaration préalable, une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir obtenu la garantie financière est passible des sanctions. Le tribunal peut ordonner l’interdiction d’exercice
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
ainsi que l’indemnité de fin de mission et de l’indemnité compensatrice de congés payés des salariés temporaires. Il s’agit également de garantir le paiement des cotisations obligatoires et des remboursements des prestations sociales de sécurité sociale à l’égard de ces mêmes organismes dans le cas où l’entreprise de travail temporaire n’aurait pas acquitté les cotisations dans les délais prescrits. Le montant de la garantie est calculé pour chaque ETT en pourcentage du chiffre d’affaires réalisé au cours du dernier exercice social et certifié par un expert-comptable dans les six mois de la clôture de l’exercice. Ce mécanisme permet, nous l’avons vu, de contrecarrer les défaillances éventuelles des ETT. Est considéré comme défaillant l’ETT qui, à l’expiration d’un délai de quinze jours suivant une mise en demeure émanant d’un salarié ou d’un organisme de sécurité sociale, n’a pas payé tout ou partie de ses dettes. L’obligation de garantie financière est, comme l’obligation de déclaration préalable, une disposition d’ordre public. L’entrepreneur de travail temporaire qui exerce son activité sans avoir obtenu la garantie financière est passible des sanctions. Le tribunal peut ordonner l’interdiction d’exercice
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article100982_6
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article100982
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b682e39cfc261057
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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de l’activité d’entreprise de travail temporaire pour une durée de deux à dix ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire - ex tribunal de grande instance - d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Le juge peut être saisi par l’inspecteur du travail ou un agent de contrôle des URSSAF. Avant de poursuivre sur l’encadrement et le contrôle des ETT, je vous propose un zoom sur le mécanisme de substitution de l’entreprise utilisatrice. Lorsque la garantie financière ne suffit pas à couvrir l’ensemble des créances, l’entreprise utilisatrice est substituée à l’ETT. Il appartient alors à l’entreprise utilisatrice de prendre en charge le paiement des salaires et indemnités des salariés intérimaires, mais aussi les charges sociales qui restent dues pour la durée de la mission accomplie dans son entreprise ainsi que pour le remboursement des prestations en cas de non-paiement des cotisations. Notons que la somme réclamée à l’entreprise utilisatrice au titre du remboursement des prestations sociales est plafonnée au montant des cotisations dues pour les travailleurs
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de l’activité d’entreprise de travail temporaire pour une durée de deux à dix ans. De plus, en cas de risque sérieux de préjudice pour les salariés temporaires, une procédure rapide permet au président du tribunal judiciaire - ex tribunal de grande instance - d’ordonner la fermeture de l’ETT pour une période d’au plus deux mois. Le juge peut être saisi par l’inspecteur du travail ou un agent de contrôle des URSSAF. Avant de poursuivre sur l’encadrement et le contrôle des ETT, je vous propose un zoom sur le mécanisme de substitution de l’entreprise utilisatrice. Lorsque la garantie financière ne suffit pas à couvrir l’ensemble des créances, l’entreprise utilisatrice est substituée à l’ETT. Il appartient alors à l’entreprise utilisatrice de prendre en charge le paiement des salaires et indemnités des salariés intérimaires, mais aussi les charges sociales qui restent dues pour la durée de la mission accomplie dans son entreprise ainsi que pour le remboursement des prestations en cas de non-paiement des cotisations. Notons que la somme réclamée à l’entreprise utilisatrice au titre du remboursement des prestations sociales est plafonnée au montant des cotisations dues pour les travailleurs
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article100982_7
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article100982
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1aaf547bafaa04d5
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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temporaires mis à disposition par l’ETT. En vertu de l’article R. 1251-25 du Code du travail, ce mécanisme de substitution ne peut pas être écarté par accord des parties. Plus encore, il intervient &même si l’entreprise utilisatrice a réglé la totalité des sommes qu’elle lui devait. La mise en jeu de la substitution de l’entreprise utilisatrice suppose que la garantie financière ait été appelée à jouer et se soit révélée insuffisante. Il s’agit donc d’une garantie subsidiaire. L’entreprise utilisatrice est saisie par un créancier : salarié, URSSAF, institution sociale, d’une demande en paiement dans un délai de dix jours par lettre recommandée avec accusé de réception ou remise en main propre contre décharges. À la suite du paiement des sommes dues au titre du mécanisme de substitution, l’entreprise utilisatrice est subrogée dans tous les droits des salariés et organismes sociaux contre l’entreprise de travail temporaire défaillante. Examinons rapidement d’autres formalités auxquelles est tenue l’ETT et qui peuvent faire l’objet d’un contrôle. L’ETT est tenue à chaque embauche de salarié temporaire ou permanent d’effectuer les formalités administratives liées à l’embauche de salariés. Retenons
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
temporaires mis à disposition par l’ETT. En vertu de l’article R. 1251-25 du Code du travail, ce mécanisme de substitution ne peut pas être écarté par accord des parties. Plus encore, il intervient &même si l’entreprise utilisatrice a réglé la totalité des sommes qu’elle lui devait. La mise en jeu de la substitution de l’entreprise utilisatrice suppose que la garantie financière ait été appelée à jouer et se soit révélée insuffisante. Il s’agit donc d’une garantie subsidiaire. L’entreprise utilisatrice est saisie par un créancier : salarié, URSSAF, institution sociale, d’une demande en paiement dans un délai de dix jours par lettre recommandée avec accusé de réception ou remise en main propre contre décharges. À la suite du paiement des sommes dues au titre du mécanisme de substitution, l’entreprise utilisatrice est subrogée dans tous les droits des salariés et organismes sociaux contre l’entreprise de travail temporaire défaillante. Examinons rapidement d’autres formalités auxquelles est tenue l’ETT et qui peuvent faire l’objet d’un contrôle. L’ETT est tenue à chaque embauche de salarié temporaire ou permanent d’effectuer les formalités administratives liées à l’embauche de salariés. Retenons
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article100982_8
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article100982
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1f11c15e3b556f96
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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à titre principal la déclaration préalable à l’embauche. L’ETT est de plus tenue, sous peine de sanctions pénales, d’adresser chaque mois à Pôle emploi le relevé des contrats de mission conclus durant le ou les mois précédents et ayant pris fin ou en cours d’exécution durant le mois précédent. Le relevé est utilisé notamment pour la vérification des droits des salariés temporaires aux allocations d’assurance chômage. Le relevé mensuel des contrats de mission tient, de plus, lieu d’attestation d’assurance chômage pour les salariés temporaires. Le contrôle de l’activité de travail temporaire s’exerce par communication et vérification de documents que nous avons listés : la déclaration préalable à toute activité, la déclaration préalable à l’embauche, l’attestation de garantie financière, les relevés mensuels des contrats de mission. Pour la recherche et la constatation des infractions, les agents de contrôle (inspecteurs et contrôleurs du travail, officiers et agents de police judiciaire, agents des organismes de sécurité sociale) disposent des pouvoirs d’investigation qui leur sont accordés par des textes particuliers qui leur sont applicables et dans la limite de leurs compétences respectives. Nous arrivons au terme de cette vidéo
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
à titre principal la déclaration préalable à l’embauche. L’ETT est de plus tenue, sous peine de sanctions pénales, d’adresser chaque mois à Pôle emploi le relevé des contrats de mission conclus durant le ou les mois précédents et ayant pris fin ou en cours d’exécution durant le mois précédent. Le relevé est utilisé notamment pour la vérification des droits des salariés temporaires aux allocations d’assurance chômage. Le relevé mensuel des contrats de mission tient, de plus, lieu d’attestation d’assurance chômage pour les salariés temporaires. Le contrôle de l’activité de travail temporaire s’exerce par communication et vérification de documents que nous avons listés : la déclaration préalable à toute activité, la déclaration préalable à l’embauche, l’attestation de garantie financière, les relevés mensuels des contrats de mission. Pour la recherche et la constatation des infractions, les agents de contrôle (inspecteurs et contrôleurs du travail, officiers et agents de police judiciaire, agents des organismes de sécurité sociale) disposent des pouvoirs d’investigation qui leur sont accordés par des textes particuliers qui leur sont applicables et dans la limite de leurs compétences respectives. Nous arrivons au terme de cette vidéo
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article100982_9
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article100982
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5ba05d1b86741540
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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et il y a donc trois points à retenir. Premièrement, les entreprises de travail temporaire répondent à une définition stricte du Code du travail. Ensuite, leur activité est encadrée par un formalisme important et enfin, le respect de ces obligations formelles fait l’objet de contrôles. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.Les relations entre les parties en vidéo (Web série droit du travail)Lire la retranscription textuelle Selon l'article L. 1251-1 du Code du travail, le recours au travail temporaire a pour objet la mise à disposition temporaire d'un salarié par une entreprise de travail temporaire au bénéfice d'un client utilisateur pour l'exécution d'une mission. Quelles sont les relations qui se jouent entre entreprise de travail temporaire, entreprise utilisatrice et salarié intérimaire ? Quelles sont les obligations de chacune de ces parties ? C'est ce que nous allons
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
et il y a donc trois points à retenir. Premièrement, les entreprises de travail temporaire répondent à une définition stricte du Code du travail. Ensuite, leur activité est encadrée par un formalisme important et enfin, le respect de ces obligations formelles fait l’objet de contrôles. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.Les relations entre les parties en vidéo (Web série droit du travail)Lire la retranscription textuelle Selon l'article L. 1251-1 du Code du travail, le recours au travail temporaire a pour objet la mise à disposition temporaire d'un salarié par une entreprise de travail temporaire au bénéfice d'un client utilisateur pour l'exécution d'une mission. Quelles sont les relations qui se jouent entre entreprise de travail temporaire, entreprise utilisatrice et salarié intérimaire ? Quelles sont les obligations de chacune de ces parties ? C'est ce que nous allons
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article100982_10
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article100982
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51c6c85c30930f3c
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter le travail temporaire : les relations entre les parties ; un épisode d'une série consacrée au droit du travail. Le travail temporaire est caractérisé par l'établissement d'une relation triangulaire entre d'un côté l'employeur, c'est-à-dire l'entreprise de travail temporaire, autrement dit « ETT », le salarié intérimaire et l'entreprise utilisatrice chez laquelle le salarié temporaire est envoyé en mission. Chaque mission donne lieu à la conclusion d'un contrat de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » d'une part, et la conclusion, d'autre part, d'un contrat de travail dit « contrat de mission » entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Examinons ensemble successivement les trois aspects de cette relation triangulaire. Pour commencer, le contrat de mise à disposition est conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice. Ce contrat conclu entre deux entreprises relève à la fois du droit civil et du droit commercial, mais intéresse également le droit du travail. En effet, par le biais de ce contrat, une entreprise
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
voir. Bonjour, c'est Honorine, aujourd'hui, je vais vous présenter le travail temporaire : les relations entre les parties ; un épisode d'une série consacrée au droit du travail. Le travail temporaire est caractérisé par l'établissement d'une relation triangulaire entre d'un côté l'employeur, c'est-à-dire l'entreprise de travail temporaire, autrement dit « ETT », le salarié intérimaire et l'entreprise utilisatrice chez laquelle le salarié temporaire est envoyé en mission. Chaque mission donne lieu à la conclusion d'un contrat de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » d'une part, et la conclusion, d'autre part, d'un contrat de travail dit « contrat de mission » entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Examinons ensemble successivement les trois aspects de cette relation triangulaire. Pour commencer, le contrat de mise à disposition est conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice. Ce contrat conclu entre deux entreprises relève à la fois du droit civil et du droit commercial, mais intéresse également le droit du travail. En effet, par le biais de ce contrat, une entreprise
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article100982_11
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article100982
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db5797fcd0161f89
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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utilisatrice de main d'œuvre devient détentrice d'un pouvoir de direction sur des salariés qui ne sont pas juridiquement les siens. Le contrat de mise à disposition doit être établi au plus tard dans les deux jours ouvrables suivant la mise à disposition. Il doit énoncer le motif pour lequel il est recouru au travailleur temporaire. Cette mention doit être assortie de justifications précises : s'il s'agit du remplacement d'un salarié absent, le nom et la qualification du salarié remplacé doivent être mentionnés ; le terme de la mission avec, le cas échéant, la clause de renouvellement, d'anticipation ou du report du terme ; les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés ; la qualification professionnelle exigée ; bien évidemment le lieu de la mission et les horaires et enfin le montant de la rémunération avec ses différentes composantes. La chambre sociale a rappelé que la signature du contrat de mise à disposition est une prescription d'ordre public dont l'omission entraîne la requalification en contrat de droit commun
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
utilisatrice de main d'œuvre devient détentrice d'un pouvoir de direction sur des salariés qui ne sont pas juridiquement les siens. Le contrat de mise à disposition doit être établi au plus tard dans les deux jours ouvrables suivant la mise à disposition. Il doit énoncer le motif pour lequel il est recouru au travailleur temporaire. Cette mention doit être assortie de justifications précises : s'il s'agit du remplacement d'un salarié absent, le nom et la qualification du salarié remplacé doivent être mentionnés ; le terme de la mission avec, le cas échéant, la clause de renouvellement, d'anticipation ou du report du terme ; les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés ; la qualification professionnelle exigée ; bien évidemment le lieu de la mission et les horaires et enfin le montant de la rémunération avec ses différentes composantes. La chambre sociale a rappelé que la signature du contrat de mise à disposition est une prescription d'ordre public dont l'omission entraîne la requalification en contrat de droit commun
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article100982_12
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article100982
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aba90630a2631e1a
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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à durée indéterminée. La formalité d'un contrat écrit imposée par la loi dans les rapports entre l'entreprise utilisatrice et l’ETT est destinée à garantir qu’ont été observées les diverses conditions à défaut desquelles toute opération de prêt de main d'œuvre étant interdite. Cette prescription étant d'ordre public, son omission entraîne la nullité absolue du contrat de mise à disposition conclu. En outre, le salarié temporaire pourrait, à défaut de contrat de mise à disposition, être considéré comme étant lié à l'entreprise utilisatrice par un contrat à durée indéterminée. Enfin, il convient de noter qu'à défaut de rédaction d'un contrat de mise à disposition écrit dans les deux jours ouvrables suivant la mise à disposition de celle-ci est en outre passible des sanctions pénales prévues à l'article L. 1255-2 du Code du travail. Poursuivons avec la relation qui s'établit entre l'entreprise de travail temporaire et le salarié intérimaire. L'entreprise de travail temporaire est l'employeur du travailleur mis à disposition. Le contrat qui lie ces deux parties est un véritable contrat de travail. Il est conclu pour une mission précise et chacune de celles-ci doit donner lieu à
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
à durée indéterminée. La formalité d'un contrat écrit imposée par la loi dans les rapports entre l'entreprise utilisatrice et l’ETT est destinée à garantir qu’ont été observées les diverses conditions à défaut desquelles toute opération de prêt de main d'œuvre étant interdite. Cette prescription étant d'ordre public, son omission entraîne la nullité absolue du contrat de mise à disposition conclu. En outre, le salarié temporaire pourrait, à défaut de contrat de mise à disposition, être considéré comme étant lié à l'entreprise utilisatrice par un contrat à durée indéterminée. Enfin, il convient de noter qu'à défaut de rédaction d'un contrat de mise à disposition écrit dans les deux jours ouvrables suivant la mise à disposition de celle-ci est en outre passible des sanctions pénales prévues à l'article L. 1255-2 du Code du travail. Poursuivons avec la relation qui s'établit entre l'entreprise de travail temporaire et le salarié intérimaire. L'entreprise de travail temporaire est l'employeur du travailleur mis à disposition. Le contrat qui lie ces deux parties est un véritable contrat de travail. Il est conclu pour une mission précise et chacune de celles-ci doit donner lieu à
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article100982_13
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article100982
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e89c3ce663b61a0e
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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la signature d'un nouveau contrat de travail entre l'intérimaire et l’ETT. Ce contrat est indifféremment nommé contrat de mission ou contrat de travail temporaire dans le Code du travail. Le contrat de travail du travailleur temporaire répond à certaines formalités. Il doit être établi par écrit. Cette prescription est d'ordre public, son omission entraîne la nullité du contrat en tant que contrat de travail temporaire et impose de le considérer comme contrat de travail de droit commun. Faute de comporter la signature du travailleur temporaire, le contrat de mission ne peut être considéré comme ayant été établi par écrit et le fait que le salarié intérimaire ait effectué plusieurs missions dans le passé pour la société n'y change rien. Le contrat de mission doit être transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. À défaut, l'intérimaire a droit à une indemnité plafonnée à un mois de salaire. L'article L. 1251-16 du Code du travail énumère les mentions que le contrat doit obligatoirement comporter. Citons par exemple la reproduction des clauses et mentions du contrat de mise à disposition, dont notamment le
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
la signature d'un nouveau contrat de travail entre l'intérimaire et l’ETT. Ce contrat est indifféremment nommé contrat de mission ou contrat de travail temporaire dans le Code du travail. Le contrat de travail du travailleur temporaire répond à certaines formalités. Il doit être établi par écrit. Cette prescription est d'ordre public, son omission entraîne la nullité du contrat en tant que contrat de travail temporaire et impose de le considérer comme contrat de travail de droit commun. Faute de comporter la signature du travailleur temporaire, le contrat de mission ne peut être considéré comme ayant été établi par écrit et le fait que le salarié intérimaire ait effectué plusieurs missions dans le passé pour la société n'y change rien. Le contrat de mission doit être transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. À défaut, l'intérimaire a droit à une indemnité plafonnée à un mois de salaire. L'article L. 1251-16 du Code du travail énumère les mentions que le contrat doit obligatoirement comporter. Citons par exemple la reproduction des clauses et mentions du contrat de mise à disposition, dont notamment le
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article100982_14
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article100982
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db8b567a760ce663
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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motif et le terme de la mission, la qualification professionnelle du salarié, les modalités de la rémunération ou la durée de la période d'essai éventuellement prévue. Au sujet de cette dernière mention, le contrat de mission peut effectivement comporter une période d'essai dont la durée est fixée par convention ou accord collectif de branche étendu, ou par convention ou accord d'entreprise ou d'établissement. L’ETT est responsable de l'établissement du contrat et de sa conformité. Il lui appartient, le cas échéant, de demander à l'utilisateur les précisions nécessaires. L'absence d'écrit, d'envoi du contrat au travailleur temporaire dans le délai de deux jours ou des mentions obligatoires au contrat ou l'indication de mentions volontairement inexactes sont passibles de sanctions pénales. Enfin, notons que l'absence de l'une des mentions de l'article L. 1251-16 du Code du travail dans le contrat de mission peut aussi entraîner une requalification du contrat de mission en CDI. Avant de poursuivre sur les relations entre salariés intérimaires et entreprises utilisatrices, je vous propose un zoom sur la prévention et la sécurité des travailleurs temporaires. L'entreprise de travail temporaire et l'entreprise utilisatrice sont responsables
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
motif et le terme de la mission, la qualification professionnelle du salarié, les modalités de la rémunération ou la durée de la période d'essai éventuellement prévue. Au sujet de cette dernière mention, le contrat de mission peut effectivement comporter une période d'essai dont la durée est fixée par convention ou accord collectif de branche étendu, ou par convention ou accord d'entreprise ou d'établissement. L’ETT est responsable de l'établissement du contrat et de sa conformité. Il lui appartient, le cas échéant, de demander à l'utilisateur les précisions nécessaires. L'absence d'écrit, d'envoi du contrat au travailleur temporaire dans le délai de deux jours ou des mentions obligatoires au contrat ou l'indication de mentions volontairement inexactes sont passibles de sanctions pénales. Enfin, notons que l'absence de l'une des mentions de l'article L. 1251-16 du Code du travail dans le contrat de mission peut aussi entraîner une requalification du contrat de mission en CDI. Avant de poursuivre sur les relations entre salariés intérimaires et entreprises utilisatrices, je vous propose un zoom sur la prévention et la sécurité des travailleurs temporaires. L'entreprise de travail temporaire et l'entreprise utilisatrice sont responsables
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article100982_15
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article100982
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5c970ff466e6a059
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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solidairement pour la prévention et la sécurité des travailleurs temporaires. Pour la Cour de cassation, en effet, l’ETT et l'entreprise utilisatrice sont tenues à l'égard des salariés mis à disposition d'une obligation de sécurité dont elles doivent assurer l'effectivité, chacune au regard des obligations que les textes mettent à leur charge en matière de prévention des risques. Outre cette solidarité financière générale, il incombe à l’ETT et à l'entreprise utilisatrice des obligations propres. Si la loi interdit certains travaux dangereux aux travailleurs temporaires, il n'en reste pas moins que certains postes autorisés peuvent présenter des risques particuliers pour la santé et la sécurité. Il appartient au chef de l'entreprise utilisatrice d'en établir la liste, après avis du médecin du travail et du CSE, s'il existe. Les caractéristiques de ces postes présentant des risques particuliers pour la santé ou la sécurité des salariés doivent expressément figurer sur le contrat de mise à disposition établi entre l’ETT et l'utilisatrice sur la base des indications fournies par l'entreprise utilisatrice. Le contrat de travail, c'est-à-dire le contrat de mise à disposition, doit également mentionner si le poste occupé par le
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
solidairement pour la prévention et la sécurité des travailleurs temporaires. Pour la Cour de cassation, en effet, l’ETT et l'entreprise utilisatrice sont tenues à l'égard des salariés mis à disposition d'une obligation de sécurité dont elles doivent assurer l'effectivité, chacune au regard des obligations que les textes mettent à leur charge en matière de prévention des risques. Outre cette solidarité financière générale, il incombe à l’ETT et à l'entreprise utilisatrice des obligations propres. Si la loi interdit certains travaux dangereux aux travailleurs temporaires, il n'en reste pas moins que certains postes autorisés peuvent présenter des risques particuliers pour la santé et la sécurité. Il appartient au chef de l'entreprise utilisatrice d'en établir la liste, après avis du médecin du travail et du CSE, s'il existe. Les caractéristiques de ces postes présentant des risques particuliers pour la santé ou la sécurité des salariés doivent expressément figurer sur le contrat de mise à disposition établi entre l’ETT et l'utilisatrice sur la base des indications fournies par l'entreprise utilisatrice. Le contrat de travail, c'est-à-dire le contrat de mise à disposition, doit également mentionner si le poste occupé par le
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article100982_16
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article100982
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3495268ec79d1338
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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salarié temporaire figure ou non sur cette liste. Les travailleurs temporaires concernés doivent bénéficier d'un accueil et d'une formation adaptés à la charge de l'entreprise utilisatrice. Les salariés intérimaires affectés à l'un des postes de travail figurant sur la liste des postes à risques de l'entreprise doivent en outre suivre une formation renforcée à la sécurité ainsi que d'un accueil et d'une formation adaptés dans l'entreprise dans laquelle ils sont occupés. L'entreprise utilisatrice, responsable des conditions d'exécution de la mission, doit de plus obligatoirement organiser une formation pratique et appropriée en matière de sécurité au bénéfice de tous les travailleurs temporaires, qu'ils soient affectés sur un poste figurant sur la liste ou non. L'entreprise utilisatrice qui ne dispense pas cette formation à la sécurité commet une violation de l'obligation de sécurité ou de prudence imposée par la loi pouvant donner lieu à une sanction pénale. Le chef de l'entreprise utilisatrice précise la nature des équipements de protection individuelle à utiliser et les fournit. Toutefois, certains équipements personnalisés, casques et chaussures par exemple, définis par voie de convention ou d'accord collectif, peuvent être fournis par l’ETT. Toutes
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
salarié temporaire figure ou non sur cette liste. Les travailleurs temporaires concernés doivent bénéficier d'un accueil et d'une formation adaptés à la charge de l'entreprise utilisatrice. Les salariés intérimaires affectés à l'un des postes de travail figurant sur la liste des postes à risques de l'entreprise doivent en outre suivre une formation renforcée à la sécurité ainsi que d'un accueil et d'une formation adaptés dans l'entreprise dans laquelle ils sont occupés. L'entreprise utilisatrice, responsable des conditions d'exécution de la mission, doit de plus obligatoirement organiser une formation pratique et appropriée en matière de sécurité au bénéfice de tous les travailleurs temporaires, qu'ils soient affectés sur un poste figurant sur la liste ou non. L'entreprise utilisatrice qui ne dispense pas cette formation à la sécurité commet une violation de l'obligation de sécurité ou de prudence imposée par la loi pouvant donner lieu à une sanction pénale. Le chef de l'entreprise utilisatrice précise la nature des équipements de protection individuelle à utiliser et les fournit. Toutefois, certains équipements personnalisés, casques et chaussures par exemple, définis par voie de convention ou d'accord collectif, peuvent être fournis par l’ETT. Toutes
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article100982_17
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article100982
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d917a539580e5378
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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ces indications figurent dans le contrat de mise à disposition. Le fait pour une entreprise utilisatrice de ne pas fournir un équipement de protection constitue un manquement à l'obligation de sécurité, ce qui engage la responsabilité solidaire de l’ETT et de l'entreprise utilisatrice. L’entreprise utilisatrice commande le salarié intérimaire sans en être son employeur. Cette entreprise a le pouvoir de diriger le salarié temporaire mais n'a aucun pouvoir ou aucune responsabilité propres à l'employeur. Le pouvoir disciplinaire, par exemple, reste entièrement aux mains de l’ETT. Pour autant, dans les faits, le travailleur est véritablement installé dans l'entreprise utilisatrice. Il y prend la place d'un salarié de cette entreprise. Le régime social du travailleur temporaire est régi par le principe d'égalité de traitement. Il doit bénéficier des mêmes droits et obligations que les salariés permanents de l'entreprise utilisatrice. Bien que non salarié de l'entreprise utilisatrice, le salarié temporaire doit être inscrit sur le registre unique du personnel avec la mention « salarié temporaire » ainsi que le nom et l'adresse de l’ETT. Le travailleur temporaire est de plus soumis aux règles légales et conventionnelles applicables au sein de
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
ces indications figurent dans le contrat de mise à disposition. Le fait pour une entreprise utilisatrice de ne pas fournir un équipement de protection constitue un manquement à l'obligation de sécurité, ce qui engage la responsabilité solidaire de l’ETT et de l'entreprise utilisatrice. L’entreprise utilisatrice commande le salarié intérimaire sans en être son employeur. Cette entreprise a le pouvoir de diriger le salarié temporaire mais n'a aucun pouvoir ou aucune responsabilité propres à l'employeur. Le pouvoir disciplinaire, par exemple, reste entièrement aux mains de l’ETT. Pour autant, dans les faits, le travailleur est véritablement installé dans l'entreprise utilisatrice. Il y prend la place d'un salarié de cette entreprise. Le régime social du travailleur temporaire est régi par le principe d'égalité de traitement. Il doit bénéficier des mêmes droits et obligations que les salariés permanents de l'entreprise utilisatrice. Bien que non salarié de l'entreprise utilisatrice, le salarié temporaire doit être inscrit sur le registre unique du personnel avec la mention « salarié temporaire » ainsi que le nom et l'adresse de l’ETT. Le travailleur temporaire est de plus soumis aux règles légales et conventionnelles applicables au sein de
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article100982_18
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article100982
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98c4a0216fd2fcdf
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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l'entreprise utilisatrice pour ce qui concerne les conditions d'exécution du travail suivantes : durée, travail de nuit, repos hebdomadaire et jours fériés, santé et sécurité, travail des femmes, des enfants et des jeunes. L'entreprise utilisatrice est responsable des conditions d'exécution du travail relatives aux domaines précités et limitativement énumérés par le Code du travail. L'entreprise utilisatrice doit également garantir au salarié temporaire l'accès aux moyens de transports collectifs et aux installations collectives, notamment de restauration, dont peuvent bénéficier les salariés de l'entreprise utilisatrice, et ce, dans les mêmes conditions que ces derniers. Toujours sur le plan collectif, le salarié intérimaire doit pouvoir faire présenter par la délégation du personnel du CSE de l'entreprise utilisatrice ses réclamations individuelles et collectives concernant la rémunération ou les conditions de travail, par exemple. Enfin, en vue de favoriser son éventuelle intégration en son sein, l'entreprise utilisatrice doit porter à la connaissance du salarié temporaire la liste des postes à pourvoir dans l'entreprise par des contrats à durée indéterminée lorsqu'un tel dispositif d'information existe déjà dans l'entreprise pour les salariés liés par un contrat de travail à durée indéterminée. Nous
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
l'entreprise utilisatrice pour ce qui concerne les conditions d'exécution du travail suivantes : durée, travail de nuit, repos hebdomadaire et jours fériés, santé et sécurité, travail des femmes, des enfants et des jeunes. L'entreprise utilisatrice est responsable des conditions d'exécution du travail relatives aux domaines précités et limitativement énumérés par le Code du travail. L'entreprise utilisatrice doit également garantir au salarié temporaire l'accès aux moyens de transports collectifs et aux installations collectives, notamment de restauration, dont peuvent bénéficier les salariés de l'entreprise utilisatrice, et ce, dans les mêmes conditions que ces derniers. Toujours sur le plan collectif, le salarié intérimaire doit pouvoir faire présenter par la délégation du personnel du CSE de l'entreprise utilisatrice ses réclamations individuelles et collectives concernant la rémunération ou les conditions de travail, par exemple. Enfin, en vue de favoriser son éventuelle intégration en son sein, l'entreprise utilisatrice doit porter à la connaissance du salarié temporaire la liste des postes à pourvoir dans l'entreprise par des contrats à durée indéterminée lorsqu'un tel dispositif d'information existe déjà dans l'entreprise pour les salariés liés par un contrat de travail à durée indéterminée. Nous
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article100982_19
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article100982
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df5dd752fd1b6b72
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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arrivons au terme de cette vidéo et il y a donc quatre points à retenir. Tout d'abord, le travail temporaire est caractérisé par une relation triangulaire entre ETT, entreprise utilisatrice et salarié intérimaire. Ensuite, la relation entre ETT et entreprise utilisatrice se matérialise par un contrat de mise à disposition. Le contrat de mission lie quant à lui l’ETT et le salarié intérimaire. Enfin, le salarié intérimaire doit être traité par l'entreprise utilisatrice comme un salarié permanent. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Qu'est-ce qu'une mission ? Un salarié sous contrat de travail temporaire (également appelé intérimaire) est un salarié embauché et rémunéré par une entreprise de travail temporaire (ETT) qui le met à la disposition d'une entreprise utilisatrice pour une durée limitée, dénommée mission. Chaque mission donne lieu à la conclusion :D'un contrat
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
arrivons au terme de cette vidéo et il y a donc quatre points à retenir. Tout d'abord, le travail temporaire est caractérisé par une relation triangulaire entre ETT, entreprise utilisatrice et salarié intérimaire. Ensuite, la relation entre ETT et entreprise utilisatrice se matérialise par un contrat de mise à disposition. Le contrat de mission lie quant à lui l’ETT et le salarié intérimaire. Enfin, le salarié intérimaire doit être traité par l'entreprise utilisatrice comme un salarié permanent. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt pour un nouvel épisode consacré au droit du travail.Qu'est-ce qu'une mission ? Un salarié sous contrat de travail temporaire (également appelé intérimaire) est un salarié embauché et rémunéré par une entreprise de travail temporaire (ETT) qui le met à la disposition d'une entreprise utilisatrice pour une durée limitée, dénommée mission. Chaque mission donne lieu à la conclusion :D'un contrat
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article100982_20
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article100982
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e0604bca8e2fe7cc
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » ;D'un contrat de travail, dit « contrat de mission », entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. La mission prend fin à la date fixée ou, en cas de terme imprécis, lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). Cas particuliersLes entreprises de travail temporaire peuvent également exercer l’activité d’entreprise de travail à temps partagé, dans les conditions fixées par le Code du travail ;L’utilisateur auprès duquel est mis à disposition un salarié temporaire peut être une personne morale de droit public (État, collectivités territoriales, etc. ). Dans ce cas, les dispositions du code du travail relatives au contrat de travail conclu avec une entreprise de travail temporaire s’appliquent, sous réserve des dispositions particulières (cas de recours, situation à l’issue de la mission,
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de mise à disposition entre l'entreprise de travail temporaire et le client utilisateur, dit « entreprise utilisatrice » ;D'un contrat de travail, dit « contrat de mission », entre le salarié temporaire et son employeur, l'entreprise de travail temporaire. Le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. La mission prend fin à la date fixée ou, en cas de terme imprécis, lorsque se réalise l'objet pour lequel il a été conclu (retour du salarié remplacé, fin de la saison... ). Cas particuliersLes entreprises de travail temporaire peuvent également exercer l’activité d’entreprise de travail à temps partagé, dans les conditions fixées par le Code du travail ;L’utilisateur auprès duquel est mis à disposition un salarié temporaire peut être une personne morale de droit public (État, collectivités territoriales, etc. ). Dans ce cas, les dispositions du code du travail relatives au contrat de travail conclu avec une entreprise de travail temporaire s’appliquent, sous réserve des dispositions particulières (cas de recours, situation à l’issue de la mission,
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article100982_21
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article100982
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5661345953060754
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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etc. ) figurant aux articles L. 1251-60 à L. 1251-63 du Code du travail ;Les entreprises adaptées de travail temporaire concluent des contrats de mission pour faciliter l'accès à l'emploi durable des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du Code du travail. Ces contrats de mission relèvent des dispositions spécifiques prévues par l’article L. 5213-13-3 du Code du travail. L'entreprise adaptée de travail temporaire, qui peut bénéficier d’une aide financière de l’Etat, met en œuvre, pour les travailleurs handicapés qu'elle emploie, un accompagnement, dans les conditions prévues par l’article R. 5213-86-3 du Code du travail. Cet accompagnement concerne également les périodes qui s'étendent entre ses contrats de mission. Le terme de la mission peut être aménagé lorsque le contrat de mise à disposition et le contrat de mission le prévoient. Il peut être avancé ou reporté à raison d'un jour pour cinq jours de travail sans pouvoir réduire la durée de la mission de plus de dix jours ou dépasser la durée maximale autorisée fixée par convention ou accord de branche étendu ou, à défaut, par les dispositions du code du travail (sur ces durées
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
etc. ) figurant aux articles L. 1251-60 à L. 1251-63 du Code du travail ;Les entreprises adaptées de travail temporaire concluent des contrats de mission pour faciliter l'accès à l'emploi durable des travailleurs reconnus handicapés mentionnés à l’article L. 5213-13-1 du Code du travail. Ces contrats de mission relèvent des dispositions spécifiques prévues par l’article L. 5213-13-3 du Code du travail. L'entreprise adaptée de travail temporaire, qui peut bénéficier d’une aide financière de l’Etat, met en œuvre, pour les travailleurs handicapés qu'elle emploie, un accompagnement, dans les conditions prévues par l’article R. 5213-86-3 du Code du travail. Cet accompagnement concerne également les périodes qui s'étendent entre ses contrats de mission. Le terme de la mission peut être aménagé lorsque le contrat de mise à disposition et le contrat de mission le prévoient. Il peut être avancé ou reporté à raison d'un jour pour cinq jours de travail sans pouvoir réduire la durée de la mission de plus de dix jours ou dépasser la durée maximale autorisée fixée par convention ou accord de branche étendu ou, à défaut, par les dispositions du code du travail (sur ces durées
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article100982_22
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article100982
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2f26b7571f388f0c
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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maximales, voir précisions ci-dessous). Pour les missions inférieures à dix jours de travail, le terme peut être avancé ou reporté de deux jours. Lorsque l'utilisateur continue à faire travailler l'intérimaire après la fin de la mission sans avoir conclu avec lui un contrat de travail ou sans un nouveau contrat de mise à disposition, cet intérimaire est réputé lié à l'utilisateur par un contrat à durée indéterminée. Quels sont les cas de recours ? Remplacement d'un salarié absent. Un intérimaire peut remplacer tout salarié absent de l'entreprise utilisatrice quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève. Attente de la prise de fonction d'un nouveau salarié. Un salarié intérimaire peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée. Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entreprise. Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... ).
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
maximales, voir précisions ci-dessous). Pour les missions inférieures à dix jours de travail, le terme peut être avancé ou reporté de deux jours. Lorsque l'utilisateur continue à faire travailler l'intérimaire après la fin de la mission sans avoir conclu avec lui un contrat de travail ou sans un nouveau contrat de mise à disposition, cet intérimaire est réputé lié à l'utilisateur par un contrat à durée indéterminée. Quels sont les cas de recours ? Remplacement d'un salarié absent. Un intérimaire peut remplacer tout salarié absent de l'entreprise utilisatrice quel que soit le motif de l'absence (maladie, congés, etc. ), sauf s'il s'agit d'une grève. Attente de la prise de fonction d'un nouveau salarié. Un salarié intérimaire peut remplacer un salarié ayant définitivement quitté l'entreprise ou ayant été muté définitivement à l'intérieur de celle-ci dans l'attente de l'entrée en fonction de son remplaçant embauché en contrat à durée indéterminée. Attente de la suppression définitive du poste du salarié ayant quitté définitivement l'entreprise. Remplacement d'un salarié passé provisoirement à temps partiel (congé parental d'éducation, temps partiel pour création ou reprise d'entreprise... ).
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article100982_23
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article100982
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ea64df1fd1b426f9
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit entre le salarié et l'employeur. CTT multi-remplacement : Expérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d’un contrat de travail temporaire (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l’article L. 1251-6 du Code du travail, un seul contrat de travail temporaire (« contrat de mission ») peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret n° 2023-263 du 12 avril 2023 (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l’activité normale et permanente de l’entreprise ;Le décret du 10
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
Le passage à temps partiel doit avoir fait l'objet d'un avenant au contrat de travail ou d'un échange écrit entre le salarié et l'employeur. CTT multi-remplacement : Expérimentation permettant le remplacement de plusieurs salariés par un seul salarié titulaire d’un contrat de travail temporaire (art. 6 de la loi du 21/12/2022)À titre expérimental et par dérogation au principe posé au 1° de l’article L. 1251-6 du Code du travail, un seul contrat de travail temporaire (« contrat de mission ») peut être conclu pour remplacer plusieurs salariés dans les secteurs définis par le décret n° 2023-263 du 12 avril 2023 (avec indication, pour chacun de ces secteurs, des identifiants de conventions collectives - IDCC - de rattachement) : sanitaire, social et médico-social, propreté et services associés, commerce de détail et de gros à prédominance alimentaire, etc. Cette expérimentation est prévue pour une durée de deux ans à compter du 13 avril 2023, date de publication du décret précité. Elle ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l’activité normale et permanente de l’entreprise ;Le décret du 10
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article100982_24
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article100982
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5a9a727467d042cc
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CTT pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu)Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail à durée déterminée ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site. Remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint. Participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale. Remplacement temporaire d'un chef d'exploitation agricole, d’un aide familial,
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
juin 2024 cité en référence complète la liste des secteurs concernés par cette expérimentation, en y ajoutant les trois secteurs suivants : réseaux de transports publics urbains de voyageurs, branche ferroviaire, Régie Autonome des Transports Parisiens (RATP). Dans les entreprises relevant de ces secteurs, il est possible, depuis le 13 juin 2024, de conclure un CTT pour assurer le remplacement de plusieurs salariés (ou, avec l’accord du salarié, de prévoir un avenant à un contrat déjà conclu)Des dispositions similaires sont prévues au titre de la conclusion de contrats de travail à durée déterminée ;Pour plus de précisions sur cette expérimentation, on peut se reporter au document « Questions/Réponses » mis en ligne sur notre site. Remplacement d'un chef d'entreprise artisanale, industrielle ou commerciale, d'une personne exerçant une profession libérale, de son conjoint. Participant effectivement à l'activité de l'entreprise à titre professionnel et habituel ou d'un associé non salarié d'une société civile professionnelle, d'une société civile de moyens, d'une société d'exercice libéral ou de toute autre personne morale exerçant une profession libérale. Remplacement temporaire d'un chef d'exploitation agricole, d’un aide familial,
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article100982_25
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article100982
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35c69f1f2ffa65dd
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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d’un associé d’exploitation ou de leur conjoint. Dès lors qu’il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole. Accroissement temporaire de l'activité de l'entreprise. Toutefois, un contrat de travail temporaire ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement. Emplois à caractère saisonnier. Le recours à l'intérim est possible pour des emplois à caractère saisonnier, définis comme étant ceux dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Les branches d'activité ou les travaux qui présentent un caractère saisonnier sont surtout l'agriculture, les industries agroalimentaires et le tourisme. Toutefois, le contrat à durée indéterminée demeure la règle, y compris dans ces secteurs d'activité. Emplois « d'usage ». Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
d’un associé d’exploitation ou de leur conjoint. Dès lors qu’il participe effectivement à l'activité de l'entreprise ou de l'exploitation agricole. Accroissement temporaire de l'activité de l'entreprise. Toutefois, un contrat de travail temporaire ne peut, en principe, être conclu pour ce motif dans un établissement ayant procédé à un licenciement économique pendant un délai de 6 mois pour les postes concernés par ce licenciement. Emplois à caractère saisonnier. Le recours à l'intérim est possible pour des emplois à caractère saisonnier, définis comme étant ceux dont les tâches sont appelées à se répéter chaque année selon une périodicité à peu près fixe, en fonction du rythme des saisons ou des modes de vie collectifs. Les branches d'activité ou les travaux qui présentent un caractère saisonnier sont surtout l'agriculture, les industries agroalimentaires et le tourisme. Toutefois, le contrat à durée indéterminée demeure la règle, y compris dans ces secteurs d'activité. Emplois « d'usage ». Pour certains emplois, par nature temporaire, il est d'usage constant de ne pas embaucher sous contrat à durée indéterminée. Les secteurs d'activité concernés sont définis par décret ou par voie de convention ou
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article100982_26
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article100982
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b322595f3ecd3d5f
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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d'accord collectif étendu. Leur liste figure à l’article D. 1251-1 du Code du travail. Cas particuliers. Des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes, peuvent motiver la conclusion de contrats de travail temporaire. La possibilité donnée à l'entreprise utilisatrice de recourir à des missions successives avec le même salarié, soit, pour remplacer un ou des salariés absents ou dont le contrat de travail est suspendu, soit, pour faire face à un accroissement temporaire de son activité, ne peut avoir pour objet ni pour effet de pourvoir durablement un emploi lié à son activité normale et permanente. Il est également interdit de conclure un contrat de travail temporaire pour remplacer un médecin du travail. La mise à disposition d'un salarié d'une entreprise de travail temporaire auprès d'un utilisateur peut également intervenir :Lorsque la mission de travail temporaire vise, en application de dispositions législatives ou réglementaires, ou d'un accord de branche étendu, à faciliter l'embauche de personnes sans
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
d'accord collectif étendu. Leur liste figure à l’article D. 1251-1 du Code du travail. Cas particuliers. Des travaux urgents dont l'exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetage ou réparer les insuffisances du matériel, des installations ou des bâtiments de l'entreprise présentant un danger pour les personnes, peuvent motiver la conclusion de contrats de travail temporaire. La possibilité donnée à l'entreprise utilisatrice de recourir à des missions successives avec le même salarié, soit, pour remplacer un ou des salariés absents ou dont le contrat de travail est suspendu, soit, pour faire face à un accroissement temporaire de son activité, ne peut avoir pour objet ni pour effet de pourvoir durablement un emploi lié à son activité normale et permanente. Il est également interdit de conclure un contrat de travail temporaire pour remplacer un médecin du travail. La mise à disposition d'un salarié d'une entreprise de travail temporaire auprès d'un utilisateur peut également intervenir :Lorsque la mission de travail temporaire vise, en application de dispositions législatives ou réglementaires, ou d'un accord de branche étendu, à faciliter l'embauche de personnes sans
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article100982_27
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article100982
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570fa74444471338
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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emploi rencontrant des difficultés sociales et professionnelles particulières ;Lorsque l'entreprise de travail temporaire et l'utilisateur s'engagent, pour une durée et dans des conditions fixées par décret ou par accord de branche étendu, à assurer un complément de formation professionnelle au salarié ;Lorsque l'entreprise de travail temporaire et l'entreprise utilisatrice s'engagent à assurer une formation professionnelle au salarié par la voie de l'apprentissage, en vue de l'obtention d'une qualification professionnelle sanctionnée par un diplôme ou un titre à finalité professionnelle enregistré au répertoire national des certifications professionnelles (RNCP). Cette formation est dispensée pour partie dans l'entreprise utilisatrice et pour partie en CFA ou section d'apprentissage en application de l'article L. 6221-1 du Code du travail ;Lorsque le salarié est un bénéficiaire de l’obligation d’emploi des travailleurs handicapés (OETH) visé à l'article L. 5212-13 du code du travail, à l'exclusion de ceux mentionnés au 5° de cet article (cette disposition, en vigueur depuis le 20 décembre 2023, prend la suite de l’expérimentation mise en place par la loi du 5 septembre 2018) ;Lorsque le contrat de mission, d'une durée minimale d'un mois, est conclu
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
emploi rencontrant des difficultés sociales et professionnelles particulières ;Lorsque l'entreprise de travail temporaire et l'utilisateur s'engagent, pour une durée et dans des conditions fixées par décret ou par accord de branche étendu, à assurer un complément de formation professionnelle au salarié ;Lorsque l'entreprise de travail temporaire et l'entreprise utilisatrice s'engagent à assurer une formation professionnelle au salarié par la voie de l'apprentissage, en vue de l'obtention d'une qualification professionnelle sanctionnée par un diplôme ou un titre à finalité professionnelle enregistré au répertoire national des certifications professionnelles (RNCP). Cette formation est dispensée pour partie dans l'entreprise utilisatrice et pour partie en CFA ou section d'apprentissage en application de l'article L. 6221-1 du Code du travail ;Lorsque le salarié est un bénéficiaire de l’obligation d’emploi des travailleurs handicapés (OETH) visé à l'article L. 5212-13 du code du travail, à l'exclusion de ceux mentionnés au 5° de cet article (cette disposition, en vigueur depuis le 20 décembre 2023, prend la suite de l’expérimentation mise en place par la loi du 5 septembre 2018) ;Lorsque le contrat de mission, d'une durée minimale d'un mois, est conclu
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article100982_28
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article100982
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d993b491752c7a7f
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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en application de l'article L. 5132-6 du code du travail relatif aux entreprises de travail temporaire d’insertion (ETTI). Cette disposition, issue de la loi du 18 décembre 2023 citée en référence, est entrée en vigueur le 20 décembre 2023. Sous réserve des dérogations exceptionnelles prévues par les articles D. 4154-2 à D. 4154-6 du Code du travail, il est interdit d’employer un salarié temporaire pour effectuer des travaux dangereux (exposition à certains agents chimiques dangereux) dont la liste est donnée par l'article D. 4154-1 du Code du travail. La dérogation exceptionnelle ainsi accordée par l’autorité administrative doit être préalable à l’affectation du salarié temporaire à l’un des travaux figurant sur cette liste ; à défaut, le salarié pourrait obtenir la requalification de son contrat de mission en contrat à durée indéterminée sur le fondement de l’article L. 1251-40 du Code du travail (arrêt de la chambre sociale de la Cour de cassation du 30 novembre 2010). Il est également interdit de conclure un contrat de travail temporaire pour remplacer un médecin du travail. Quelle est la durée du contrat ? Durée totale du contrat de missionLa convention ou
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
en application de l'article L. 5132-6 du code du travail relatif aux entreprises de travail temporaire d’insertion (ETTI). Cette disposition, issue de la loi du 18 décembre 2023 citée en référence, est entrée en vigueur le 20 décembre 2023. Sous réserve des dérogations exceptionnelles prévues par les articles D. 4154-2 à D. 4154-6 du Code du travail, il est interdit d’employer un salarié temporaire pour effectuer des travaux dangereux (exposition à certains agents chimiques dangereux) dont la liste est donnée par l'article D. 4154-1 du Code du travail. La dérogation exceptionnelle ainsi accordée par l’autorité administrative doit être préalable à l’affectation du salarié temporaire à l’un des travaux figurant sur cette liste ; à défaut, le salarié pourrait obtenir la requalification de son contrat de mission en contrat à durée indéterminée sur le fondement de l’article L. 1251-40 du Code du travail (arrêt de la chambre sociale de la Cour de cassation du 30 novembre 2010). Il est également interdit de conclure un contrat de travail temporaire pour remplacer un médecin du travail. Quelle est la durée du contrat ? Durée totale du contrat de missionLa convention ou
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article100982_29
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article100982
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abd25055f4f29cc4
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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l'accord de branche étendu de l'entreprise utilisatrice peut fixer la durée totale du contrat de mission. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Vérifiez ce que prévoit votre convention collective pour la durée maximale du contrat de mission sur le site du Code du travail numériqueÀ défaut de stipulation dans la convention ou l’accord de branche étendu mentionné ci-dessus, la durée totale du contrat de mission ne peut excéder dix-huit mois compte tenu, le cas échéant, du ou des renouvellements (sur les possibilités de renouvellement, voir ci-dessous). Les différentes hypothèses applicables sont présentées dans le tableau ci-dessous. Cas particuliersLorsque le contrat concerne un apprenti, la durée totale est portée à 36 mois afin d'être égale à celle du cycle de formation effectué en apprentissage conformément à l'article L. 6222-7-1 du Code du travail ;La durée du contrat obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants. Cas de recours Durée maximale Contrat de date à dateContrat sans
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
l'accord de branche étendu de l'entreprise utilisatrice peut fixer la durée totale du contrat de mission. Cette durée ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Vérifiez ce que prévoit votre convention collective pour la durée maximale du contrat de mission sur le site du Code du travail numériqueÀ défaut de stipulation dans la convention ou l’accord de branche étendu mentionné ci-dessus, la durée totale du contrat de mission ne peut excéder dix-huit mois compte tenu, le cas échéant, du ou des renouvellements (sur les possibilités de renouvellement, voir ci-dessous). Les différentes hypothèses applicables sont présentées dans le tableau ci-dessous. Cas particuliersLorsque le contrat concerne un apprenti, la durée totale est portée à 36 mois afin d'être égale à celle du cycle de formation effectué en apprentissage conformément à l'article L. 6222-7-1 du Code du travail ;La durée du contrat obéit à des règles particulières de prorogation pour certains salariés exposés dans le cadre de leur travail à des rayonnements ionisants. Cas de recours Durée maximale Contrat de date à dateContrat sans
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article100982_30
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article100982
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b4cb805710aaee8c
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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terme certainRemplacement d'un salarié absent ou dont le contrat de travail est suspendu (1)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1251-6 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial ... ) (2)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (1)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (2)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (1)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (1)18 moisRéalisation del'objet du contratMission effectuée à l'étranger24 moisRéalisation del'objet du contrat(1) Le contrat doit mentionner une durée minimale d'emploi s'il ne précise pas de terme certain. (2) Dans ce cas le contrat doit être conclu pour une durée qui ne peut être inférieure à six
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
terme certainRemplacement d'un salarié absent ou dont le contrat de travail est suspendu (1)18 moisFin de l'absenceRemplacement d'une des personnes visées aux 4° et 5° de l'article L. 1251-6 du Code du travail (chef d'entreprise artisanale, industrielle ou commerciale, profession libérale, chef d'exploitation agricole, aide familial ... ) (2)18 moisFin de l'absenceAttente de l'entrée en service d'un salarié sous contrat à durée indéterminée (1)9 mois9 moisRemplacement d'un salarié dont le départ définitif précède la suppression de son poste24 moisImpossibleAccroissement temporaire de l'activité de l'entreprise18 moisImpossibleSurvenance dans l'entreprise (entrepreneur principal ou sous-traitant) d'une commande exceptionnelle à l'exportation (2)24 moisImpossibleTravaux urgents nécessités par des mesures de sécurité9 moisImpossibleEmplois à caractère saisonnier (1)-Fin de la saisonEmplois pour lesquels il n'est pas d'usage de recourir au contrat à durée indéterminée (1)18 moisRéalisation del'objet du contratMission effectuée à l'étranger24 moisRéalisation del'objet du contrat(1) Le contrat doit mentionner une durée minimale d'emploi s'il ne précise pas de terme certain. (2) Dans ce cas le contrat doit être conclu pour une durée qui ne peut être inférieure à six
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article100982_31
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article100982
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2c4bc773884bfe97
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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mois. Suspension du contrat de missionLa suspension du contrat de mission (par exemple, en cas de maladie) ne fait pas obstacle à l’échéance du terme de la mission. Renouvellement du contratLa convention ou l’accord de branche étendu de l’entreprise utilisatrice peut fixer le nombre maximal de renouvellements possibles pour un contrat de mission. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. À défaut de stipulation dans la convention ou l’accord de branche étendu, le contrat de mission est renouvelable deux fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale prévue par la convention ou l’accord de branche étendu de l’entreprise utilisatrice ou, à défaut, par les dispositions du code du travail (sur cette durée maximale, voir précisions ci-dessus). Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
mois. Suspension du contrat de missionLa suspension du contrat de mission (par exemple, en cas de maladie) ne fait pas obstacle à l’échéance du terme de la mission. Renouvellement du contratLa convention ou l’accord de branche étendu de l’entreprise utilisatrice peut fixer le nombre maximal de renouvellements possibles pour un contrat de mission. Ce nombre ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise. Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme initialement prévu. À défaut de stipulation dans la convention ou l’accord de branche étendu, le contrat de mission est renouvelable deux fois pour une durée déterminée qui, ajoutée à la durée du contrat initial, ne peut excéder la durée maximale prévue par la convention ou l’accord de branche étendu de l’entreprise utilisatrice ou, à défaut, par les dispositions du code du travail (sur cette durée maximale, voir précisions ci-dessus). Les conditions de renouvellement sont stipulées dans le contrat ou font l'objet d'un avenant soumis au salarié avant le terme
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article100982_32
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article100982
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59103953e47010b0
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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initialement prévu. Vérifier ce que prévoit votre convention collective pour le renouvellement du contrat de mission sur le site du Code du travail numériqueRequalification du contratLorsqu'une entreprise utilisatrice a recours à un salarié d'une entreprise de travail temporaire en méconnaissance des dispositions du code du travail ou des conventions et accords de branche éventuellement applicables (par exemple, une convention de branche étendue fixant la durée maximale du contrat ou ses possibilités de renouvellement), ce salarié peut faire valoir auprès de l'entreprise utilisatrice les droits correspondant à un contrat de travail à durée indéterminée prenant effet au premier jour de sa mission. Les dispositions applicables figurent aux articles L. 1251-39 à L. 1251-41 du Code du travail. Quel délai entre deux contrats de travail temporaire ? À l'expiration d'un contrat de mission, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée (CDD) ni à un contrat de mission, avant l'expiration d'un délai de carence calculé en fonction de la durée du contrat de mission incluant, le cas échéant, son ou ses renouvellements.
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
initialement prévu. Vérifier ce que prévoit votre convention collective pour le renouvellement du contrat de mission sur le site du Code du travail numériqueRequalification du contratLorsqu'une entreprise utilisatrice a recours à un salarié d'une entreprise de travail temporaire en méconnaissance des dispositions du code du travail ou des conventions et accords de branche éventuellement applicables (par exemple, une convention de branche étendue fixant la durée maximale du contrat ou ses possibilités de renouvellement), ce salarié peut faire valoir auprès de l'entreprise utilisatrice les droits correspondant à un contrat de travail à durée indéterminée prenant effet au premier jour de sa mission. Les dispositions applicables figurent aux articles L. 1251-39 à L. 1251-41 du Code du travail. Quel délai entre deux contrats de travail temporaire ? À l'expiration d'un contrat de mission, il ne peut être recouru, pour pourvoir le poste du salarié dont le contrat a pris fin, ni à un contrat à durée déterminée (CDD) ni à un contrat de mission, avant l'expiration d'un délai de carence calculé en fonction de la durée du contrat de mission incluant, le cas échéant, son ou ses renouvellements.
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article100982_33
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article100982
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72622edcbbbcdafa
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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La convention ou l'accord de branche étendu de l'entreprise utilisatrice peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. Vérifier ce que prévoit votre convention collective sur le délai de carence entre deux contrats de mission sur le site du Code du travail numériqueLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d’ouverture de l’entreprise ou de l’établissement utilisateurs. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. À défaut de stipulation dans la convention ou l’accord de branche étendu de l’entreprise utilisatrice, le délai de carence est égal :Au tiers de la durée du contrat de mission venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus. Ainsi, un poste pourvu par un contrat
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
La convention ou l'accord de branche étendu de l'entreprise utilisatrice peut fixer les modalités de calcul de ce délai de carence, en respectant le principe selon lequel le contrat de mission, quel que soit son motif, ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. Vérifier ce que prévoit votre convention collective sur le délai de carence entre deux contrats de mission sur le site du Code du travail numériqueLes jours pris en compte pour apprécier le délai devant séparer les deux contrats sont les jours d’ouverture de l’entreprise ou de l’établissement utilisateurs. Par exemple, en cas de fermeture les samedis et dimanches, ces deux jours ne sont pas décomptés pour déterminer le délai de carence. À défaut de stipulation dans la convention ou l’accord de branche étendu de l’entreprise utilisatrice, le délai de carence est égal :Au tiers de la durée du contrat de mission venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est de quatorze jours ou plus. Ainsi, un poste pourvu par un contrat
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article100982_34
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article100982
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fa4272c7990d3bee
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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de travail temporaire de trois mois ne peut faire l'objet d'un nouveau contrat de travail temporaire avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat de mission venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en contrat de travail temporaire pendant 10 jours ne peut donc faire l’objet d’un nouveau contrat de travail temporaire avant l’expiration d’un délai de 5 jours. Situations dans lesquelles le délai de carence est excluLa convention ou l’accord de branche étendu de l’entreprise utilisatrice peut prévoir les cas dans lesquels le délai de carence n’est pas applicable. À défaut de stipulation dans cette convention ou cet accord de branche étendu, le délai de carence n'est pas applicable :Lorsque le contrat de mission est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de mission est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de travail temporaire de trois mois ne peut faire l'objet d'un nouveau contrat de travail temporaire avant l'expiration d'un délai de carence d'un mois ;À la moitié de la durée du contrat de mission venu à expiration si la durée du contrat incluant, le cas échéant, son ou ses renouvellements, est inférieure à quatorze jours. Un poste pourvu en contrat de travail temporaire pendant 10 jours ne peut donc faire l’objet d’un nouveau contrat de travail temporaire avant l’expiration d’un délai de 5 jours. Situations dans lesquelles le délai de carence est excluLa convention ou l’accord de branche étendu de l’entreprise utilisatrice peut prévoir les cas dans lesquels le délai de carence n’est pas applicable. À défaut de stipulation dans cette convention ou cet accord de branche étendu, le délai de carence n'est pas applicable :Lorsque le contrat de mission est conclu pour assurer le remplacement d'un salarié temporairement absent ou dont le contrat de travail est suspendu, en cas de nouvelle absence du salarié remplacé ;Lorsque le contrat de mission est conclu pour l'exécution de travaux urgents nécessités par des mesures de sécurité ;Lorsque le
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article100982_35
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article100982
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7b1da20c5e2b50e9
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1251-6 du Code du travail (chef d’entreprise artisanale, industrielle ou commerciale, profession libérale, chef d’exploitation agricole, aide familial... ) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat de mission, pour la durée du contrat non renouvelé. Quelles sont les mentions qui doivent figurer sur les contrats ? Le contrat conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice (dénommé contrat de mise à disposition) doit comporter les mentions suivantes :Le motif du recours à un salarié temporaire ;Le terme de la mission (ou sa durée
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
contrat de travail à durée déterminée est conclu pour pourvoir un emploi à caractère saisonnier ou pour lequel, dans certains secteurs d'activité définis par décret ou par voie de convention ou d'accord collectif étendu, il est d'usage constant de ne pas recourir au contrat de travail à durée indéterminée en raison de la nature de l'activité exercée et du caractère par nature temporaire de cet emploi ;Lorsque le contrat est conclu pour assurer le remplacement de l'une des personnes mentionnées aux 4° et 5° de l'article L. 1251-6 du Code du travail (chef d’entreprise artisanale, industrielle ou commerciale, profession libérale, chef d’exploitation agricole, aide familial... ) ;Lorsque le salarié est à l'initiative d'une rupture anticipée du contrat ;Lorsque le salarié refuse le renouvellement de son contrat de mission, pour la durée du contrat non renouvelé. Quelles sont les mentions qui doivent figurer sur les contrats ? Le contrat conclu entre l'entreprise de travail temporaire et l'entreprise utilisatrice (dénommé contrat de mise à disposition) doit comporter les mentions suivantes :Le motif du recours à un salarié temporaire ;Le terme de la mission (ou sa durée
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article100982_36
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article100982
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f871b7e7dee2ac18
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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minimale) ;le cas échéant, la clause prévoyant la possibilité de modifier le terme de la mission dans les conditions prévues aux articles L. 1251-30 et L. 1251-31 du Code du travail. Cette disposition s'applique également à l'avenant prévoyant le renouvellement du contrat de mise à disposition ;Les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés prévue à l'article L. 4154-2 du code du travail;La qualification professionnelle exigée ;Le lieu de la mission ;L'horaire de travail ;La nature des équipements de protection individuelle que l'intérimaire doit utiliser et, le cas échéant, l'indication que ceux-ci sont fournis par l'entreprise de travail temporaire ;Le montant de la rémunération que percevrait après période d'essai dans l'entreprise utilisatrice un salarié de qualification équivalente occupant le même poste, avec ses différentes composantes y compris, s'il en existe, les primes et accessoires de salaire ;Le nom et l'adresse de l'organisme qui a délivré une garantie financière à l'entreprise de travail temporaire. Au titre des caractéristiques particulières du poste à
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
minimale) ;le cas échéant, la clause prévoyant la possibilité de modifier le terme de la mission dans les conditions prévues aux articles L. 1251-30 et L. 1251-31 du Code du travail. Cette disposition s'applique également à l'avenant prévoyant le renouvellement du contrat de mise à disposition ;Les caractéristiques particulières du poste de travail à pourvoir et, notamment si celui-ci figure sur la liste des postes présentant des risques particuliers pour la santé ou la sécurité des salariés prévue à l'article L. 4154-2 du code du travail;La qualification professionnelle exigée ;Le lieu de la mission ;L'horaire de travail ;La nature des équipements de protection individuelle que l'intérimaire doit utiliser et, le cas échéant, l'indication que ceux-ci sont fournis par l'entreprise de travail temporaire ;Le montant de la rémunération que percevrait après période d'essai dans l'entreprise utilisatrice un salarié de qualification équivalente occupant le même poste, avec ses différentes composantes y compris, s'il en existe, les primes et accessoires de salaire ;Le nom et l'adresse de l'organisme qui a délivré une garantie financière à l'entreprise de travail temporaire. Au titre des caractéristiques particulières du poste à
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article100982_37
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article100982
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0a1cec00aa7ed541
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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pourvoir et pour l'application de l'article L. 4161-1 du code du travail, le contrat de mise à disposition indique à quels facteurs de risques professionnels le salarié temporaire est exposé, au vu des conditions habituelles de travail appréciées en moyenne sur l'année par l'entreprise utilisatrice, caractérisant le poste occupé. En tant que de besoin et à l'initiative de l'entreprise utilisatrice, un avenant au contrat de mise à disposition rectifie ces informations. Le contrat conclu entre l'entreprise de travail temporaire et le salarié intérimaire (dit contrat de mission) doit reproduire toutes les mentions précitées, et préciser en outre :La qualification professionnelle du salarié intérimaire ;Les modalités de la rémunération ;Les modalités de la période d'essai éventuelle ;une clause indiquant que le rapatriement est à la charge de l'entreprise de travail temporaire si la mission n'est pas effectuée en métropole ;Le nom et l'adresse de la caisse complémentaire et de l'organisme de prévoyance dont relève l'entreprise de travail temporaire. Le contrat doit aussi mentionner que l'embauche du salarié par l'entreprise utilisatrice à l'issue de la mission n'est pas interdite. Transmission du contrat de missionLe contrat
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
pourvoir et pour l'application de l'article L. 4161-1 du code du travail, le contrat de mise à disposition indique à quels facteurs de risques professionnels le salarié temporaire est exposé, au vu des conditions habituelles de travail appréciées en moyenne sur l'année par l'entreprise utilisatrice, caractérisant le poste occupé. En tant que de besoin et à l'initiative de l'entreprise utilisatrice, un avenant au contrat de mise à disposition rectifie ces informations. Le contrat conclu entre l'entreprise de travail temporaire et le salarié intérimaire (dit contrat de mission) doit reproduire toutes les mentions précitées, et préciser en outre :La qualification professionnelle du salarié intérimaire ;Les modalités de la rémunération ;Les modalités de la période d'essai éventuelle ;une clause indiquant que le rapatriement est à la charge de l'entreprise de travail temporaire si la mission n'est pas effectuée en métropole ;Le nom et l'adresse de la caisse complémentaire et de l'organisme de prévoyance dont relève l'entreprise de travail temporaire. Le contrat doit aussi mentionner que l'embauche du salarié par l'entreprise utilisatrice à l'issue de la mission n'est pas interdite. Transmission du contrat de missionLe contrat
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article100982_38
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article100982
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a3b9982799fc0bbe
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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de mission est transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. La méconnaissance de cette obligation, dans le délai ainsi fixé, ne saurait, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l’employeur, qui ne peut être supérieure à un mois de salaire (cette disposition, issue de l’ordonnance du 22 septembre 2017, s’applique aux contrats conclus à compter du 24 septembre 2017). Quelle est la durée de la période d'essai ? Le contrat de travail temporaire peut comporter une période d'essai dont la durée est fixée par convention collective ou accord professionnel de branche étendu, ou par accord d'entreprise ou d'établissement. À défaut cette durée est limitée comme suit :Contrat inférieur ou égal à 1 mois = 2 jours ouvrés ;Contrat entre 1 mois et 2 mois = 3 jours ouvrés ;Contrat de plus de 2 mois = 5 jours ouvrés. Vérifier ce que prévoit votre convention collective pour la durée de la période d'essai sur le site du Code du travail numérique Quels sont
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
de mission est transmis au salarié au plus tard dans les deux jours ouvrables suivant sa mise à disposition. La méconnaissance de cette obligation, dans le délai ainsi fixé, ne saurait, à elle seule, entraîner la requalification en contrat à durée indéterminée. Elle ouvre droit, pour le salarié, à une indemnité, à la charge de l’employeur, qui ne peut être supérieure à un mois de salaire (cette disposition, issue de l’ordonnance du 22 septembre 2017, s’applique aux contrats conclus à compter du 24 septembre 2017). Quelle est la durée de la période d'essai ? Le contrat de travail temporaire peut comporter une période d'essai dont la durée est fixée par convention collective ou accord professionnel de branche étendu, ou par accord d'entreprise ou d'établissement. À défaut cette durée est limitée comme suit :Contrat inférieur ou égal à 1 mois = 2 jours ouvrés ;Contrat entre 1 mois et 2 mois = 3 jours ouvrés ;Contrat de plus de 2 mois = 5 jours ouvrés. Vérifier ce que prévoit votre convention collective pour la durée de la période d'essai sur le site du Code du travail numérique Quels sont
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article100982_39
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article100982
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8098f7323a1c8e1b
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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les droits individuels et collectifs du salarié intérimaire ? Droits individuels du salarié intérimairePendant la durée de sa mission :Le salarié intérimaire dispose des mêmes droits que les salariés de l’entreprise utilisatrice et bénéficie des mêmes équipements collectifs (transport, restauration, tickets restaurant, douches, vestiaires...) ;L'entreprise utilisatrice est responsable des conditions d'exécution du travail, telles qu'elles sont déterminées par les dispositions légales et conventionnelles applicables au lieu de travail (pour une illustration à propos du respect des durées maximales de travail, on se reportera à l’arrêt de la Cour de cassation du 25 octobre 2023). Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail temporaire en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1251-32 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai,
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
les droits individuels et collectifs du salarié intérimaire ? Droits individuels du salarié intérimairePendant la durée de sa mission :Le salarié intérimaire dispose des mêmes droits que les salariés de l’entreprise utilisatrice et bénéficie des mêmes équipements collectifs (transport, restauration, tickets restaurant, douches, vestiaires...) ;L'entreprise utilisatrice est responsable des conditions d'exécution du travail, telles qu'elles sont déterminées par les dispositions légales et conventionnelles applicables au lieu de travail (pour une illustration à propos du respect des durées maximales de travail, on se reportera à l’arrêt de la Cour de cassation du 25 octobre 2023). Intervention des organisations syndicalesLes organisations syndicales représentatives peuvent exercer en justice toutes les actions résultant de l'application des dispositions du code du travail relatives au contrat de travail temporaire en faveur d'un salarié sans avoir à justifier d'un mandat de l'intéressé. Le salarié est averti dans les conditions fixées par l’article D. 1251-32 du code du travail et ne doit pas s'y être opposé dans un délai de 15 jours à compter de la date à laquelle l'organisation syndicale lui a notifié son intention (passé ce délai,
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article100982_40
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article100982
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dca3e370d7ca2063
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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l’acceptation tacite du salarié est réputée acquise). Comme le précise la Cour de cassation dans un arrêt du 23 octobre 2024 auquel on se reportera, « ces formalités substantielles sont protectrices de la liberté personnelle de chaque salarié de conduire la défense de ses intérêts, en sorte que, à peine d'irrecevabilité de son action, le syndicat doit avoir averti chaque salarié concerné, par une lettre recommandée avec avis de réception adressée au plus tard le jour de l'introduction de l'instance, indiquant la nature et l'objet de l'action, outre les mentions énumérées par l'article D. 1251-32 du code du travail ». Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. Les règles en vigueur dans l'entreprise utilisatrice dont elle doit assurer le respect, s’appliquent ainsi à l’intérimaire en ce qui concerne :La durée du travail ;Le travail de nuit ;Le repos hebdomadaire et les jours fériés ;La sécurité et l'hygiène sur les lieux de travail ;Les conditions d'emploi des femmes et des jeunes travailleurs. Enfin, la rémunération de l'intérimaire doit être au moins
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
l’acceptation tacite du salarié est réputée acquise). Comme le précise la Cour de cassation dans un arrêt du 23 octobre 2024 auquel on se reportera, « ces formalités substantielles sont protectrices de la liberté personnelle de chaque salarié de conduire la défense de ses intérêts, en sorte que, à peine d'irrecevabilité de son action, le syndicat doit avoir averti chaque salarié concerné, par une lettre recommandée avec avis de réception adressée au plus tard le jour de l'introduction de l'instance, indiquant la nature et l'objet de l'action, outre les mentions énumérées par l'article D. 1251-32 du code du travail ». Le salarié peut toujours intervenir à l'instance engagée par le syndicat et y mettre un terme à tout moment. Les règles en vigueur dans l'entreprise utilisatrice dont elle doit assurer le respect, s’appliquent ainsi à l’intérimaire en ce qui concerne :La durée du travail ;Le travail de nuit ;Le repos hebdomadaire et les jours fériés ;La sécurité et l'hygiène sur les lieux de travail ;Les conditions d'emploi des femmes et des jeunes travailleurs. Enfin, la rémunération de l'intérimaire doit être au moins
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article100982_41
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article100982
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e80d8e0c3428fe50
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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égale à celle que percevrait, après période d'essai, un salarié de l'entreprise utilisatrice, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail. Suivi de l'état de santé des salariésLes obligations relatives à la médecine du travail sont à la charge de l'entreprise de travail temporaire ; le suivi médical des salariés est assuré par des services de prévention et de santé au travail faisant l'objet d'un agrément spécifique. Toutefois, lorsque l’activité exercée par le salarié temporaire nécessite une surveillance médicale renforcée, les obligations correspondantes sont à la charge de l'entreprise utilisatrice. À noter : lorsque l’entreprise utilisatrice dispose de son propre service de prévention et de santé au travail, les salariés peuvent être suivis par celui-ci, dans le cadre d’une convention conclue avec l’entreprise de travail temporaire ;À titre expérimental, en application de l'article 24 de la loi du 2 août 2021 pour renforcer la prévention en santé au travail, les travailleurs temporaires peuvent bénéficier d'une action de prévention collective organisée par un service de prévention et de santé au travail avant leur affectation au poste ou en cours de mission,
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
égale à celle que percevrait, après période d'essai, un salarié de l'entreprise utilisatrice, sous contrat à durée indéterminée, de qualification équivalente et occupant le même poste de travail. Suivi de l'état de santé des salariésLes obligations relatives à la médecine du travail sont à la charge de l'entreprise de travail temporaire ; le suivi médical des salariés est assuré par des services de prévention et de santé au travail faisant l'objet d'un agrément spécifique. Toutefois, lorsque l’activité exercée par le salarié temporaire nécessite une surveillance médicale renforcée, les obligations correspondantes sont à la charge de l'entreprise utilisatrice. À noter : lorsque l’entreprise utilisatrice dispose de son propre service de prévention et de santé au travail, les salariés peuvent être suivis par celui-ci, dans le cadre d’une convention conclue avec l’entreprise de travail temporaire ;À titre expérimental, en application de l'article 24 de la loi du 2 août 2021 pour renforcer la prévention en santé au travail, les travailleurs temporaires peuvent bénéficier d'une action de prévention collective organisée par un service de prévention et de santé au travail avant leur affectation au poste ou en cours de mission,
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article100982_42
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article100982
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ddbcaaa090adc58a
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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lorsqu'ils sont exposés aux mêmes risques professionnels, afin de les sensibiliser aux risques professionnels auxquels ils sont exposés ou sont susceptibles d'être exposés dans le cadre de leur mission, et à la prévention de ces risques. Cette action de prévention collective est réalisée par un des professionnels de santé mentionnés au premier alinéa du I de l'article L. 4624-1 du code du travail (médecin du travail, médecin praticien correspondant, collaborateur médecin, etc. ), le cas échéant en lien avec des intervenants extérieurs qualifiés, selon des modalités précisées par le cahier des charges figurant en annexe de l’arrêté du 21 mars 2024. La durée de cette expérimentation est fixée à trois ans à compter du 27 mars 2024. Par ailleurs, des indemnités et des mesures particulières sont prévues pour compenser la précarité d'emploi :Au terme de chaque mission l'intérimaire perçoit une indemnité de fin de mission, dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue. Un taux d'indemnité plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise utilisatrice. En revanche un accord d'entreprise ou
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
lorsqu'ils sont exposés aux mêmes risques professionnels, afin de les sensibiliser aux risques professionnels auxquels ils sont exposés ou sont susceptibles d'être exposés dans le cadre de leur mission, et à la prévention de ces risques. Cette action de prévention collective est réalisée par un des professionnels de santé mentionnés au premier alinéa du I de l'article L. 4624-1 du code du travail (médecin du travail, médecin praticien correspondant, collaborateur médecin, etc. ), le cas échéant en lien avec des intervenants extérieurs qualifiés, selon des modalités précisées par le cahier des charges figurant en annexe de l’arrêté du 21 mars 2024. La durée de cette expérimentation est fixée à trois ans à compter du 27 mars 2024. Par ailleurs, des indemnités et des mesures particulières sont prévues pour compenser la précarité d'emploi :Au terme de chaque mission l'intérimaire perçoit une indemnité de fin de mission, dont le montant ne peut pas être inférieur à 10 % de la rémunération totale brute perçue. Un taux d'indemnité plus élevé peut être imposé par la convention ou l'accord collectif applicable à l'entreprise utilisatrice. En revanche un accord d'entreprise ou
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article100982_43
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article100982
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777d6c5bcc999ec8
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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[
"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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d'établissement peut dispenser l'entreprise du versement de l'indemnité de précarité au terme d'un contrat de travail temporaire saisonnier ou d'usage ;L'intérimaire a droit à une indemnité compensatrice de congés payés, pour chaque mission qu'il effectue, quelle que soit sa durée. Le montant de cette indemnité est calculé en fonction de la durée de la mission et ne peut être inférieur au 1/10e de la rémunération totale brute perçue par le salarié pendant la mission, y compris l’indemnité de fin de mission. L’article L. 1251-19 du Code du travail précise les périodes qui, pour l'appréciation des droits du salarié, sont assimilées à un temps de mission (par exemple les périodes de congé légal de maternité, de paternité et d'accueil de l'enfant et d'adoption). L'indemnité est versée à la fin de la mission. De plus, l'intéressé doit bénéficier d'une formation renforcée à la sécurité ainsi que d'un accueil et d'une information adaptés lorsqu'il occupe un poste de travail présentant des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur. Estimer le montant de l'indemnité de
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
d'établissement peut dispenser l'entreprise du versement de l'indemnité de précarité au terme d'un contrat de travail temporaire saisonnier ou d'usage ;L'intérimaire a droit à une indemnité compensatrice de congés payés, pour chaque mission qu'il effectue, quelle que soit sa durée. Le montant de cette indemnité est calculé en fonction de la durée de la mission et ne peut être inférieur au 1/10e de la rémunération totale brute perçue par le salarié pendant la mission, y compris l’indemnité de fin de mission. L’article L. 1251-19 du Code du travail précise les périodes qui, pour l'appréciation des droits du salarié, sont assimilées à un temps de mission (par exemple les périodes de congé légal de maternité, de paternité et d'accueil de l'enfant et d'adoption). L'indemnité est versée à la fin de la mission. De plus, l'intéressé doit bénéficier d'une formation renforcée à la sécurité ainsi que d'un accueil et d'une information adaptés lorsqu'il occupe un poste de travail présentant des risques particuliers pour la santé et la sécurité. La liste de ces postes est établie par l'employeur. Estimer le montant de l'indemnité de
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article100982_44
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article100982
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a828e33bea49ad77
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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fin de contrat sur le site du Code du travail numériqueInformation du salarié temporaire sur les postes à pourvoir en CDIÀ la demande du salarié temporaire justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise utilisatrice, celle-ci l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié temporaire formule sa demande auprès de l'entreprise utilisatrice par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d’avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l’entreprise utilisatrice fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'entreprise utilisatrice n'est toutefois pas tenue par ces exigences lorsque le salarié temporaire a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l’entreprise utilisatrice emploie moins de 250 salariés, une réponse peut être apportée par oral à compter de la
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
fin de contrat sur le site du Code du travail numériqueInformation du salarié temporaire sur les postes à pourvoir en CDIÀ la demande du salarié temporaire justifiant d'une ancienneté continue d'au moins six mois dans l'entreprise utilisatrice, celle-ci l'informe des postes en contrat à durée indéterminée (CDI) à pourvoir au sein de l'entreprise. Cette disposition est mise en œuvre selon les modalités suivantes :Le salarié temporaire formule sa demande auprès de l'entreprise utilisatrice par tout moyen donnant date certaine à sa réception (courriel avec accusé de réception ou de lecture, lettre recommandée avec demande d’avis de réception, lettre remise en main propre contre récépissé...) ;Dans un délai d'un mois à compter de la réception de la demande, l’entreprise utilisatrice fournit par écrit la liste des postes en CDI à pourvoir qui correspondent à la qualification professionnelle du salarié. L'entreprise utilisatrice n'est toutefois pas tenue par ces exigences lorsque le salarié temporaire a déjà formulé deux demandes dans l'année civile en cours. Par dérogation aux dispositions qui précédent, lorsque l’entreprise utilisatrice emploie moins de 250 salariés, une réponse peut être apportée par oral à compter de la
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article100982_45
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article100982
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d6b45f97c60159ce
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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deuxième demande du salarié temporaire, si la réponse est inchangée par rapport à celle apportée à la première demande. Les dispositions figurant ci-dessus sont issues de la loi n° 2023-171 du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur depuis le 1er novembre 2023. Droits collectifs du salarié intérimaireLe salarié intérimaire exerce ses droits collectifs dans l'entreprise de travail temporaire et peut aussi se faire représenter dans l'entreprise utilisatrice. Il est pris en compte dans le calcul de l'effectif de l'entreprise utilisatrice proportionnellement à son temps de présence dans celle-ci au cours des douze mois précédents, sauf lorsqu'il remplace un salarié absent. Dans les entreprises dotées d’un comité social et économique (CSE), les attributions de la délégation du personnel au CSE s'exercent également au profit des salariés temporaires pour leurs réclamations concernant leur rémunération, leurs conditions de travail, l’accès aux moyens de transport collectifs et aux installations collectives. En outre, dans les entreprises d’au moins 50 salariés, l’employeur doit mettre à disposition du CSE un ensemble d’informations, portant notamment sur le recours aux contrats de mission conclus avec
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
deuxième demande du salarié temporaire, si la réponse est inchangée par rapport à celle apportée à la première demande. Les dispositions figurant ci-dessus sont issues de la loi n° 2023-171 du 9 mars 2023 et du décret du 30 octobre 2023 pris pour son application, en vigueur depuis le 1er novembre 2023. Droits collectifs du salarié intérimaireLe salarié intérimaire exerce ses droits collectifs dans l'entreprise de travail temporaire et peut aussi se faire représenter dans l'entreprise utilisatrice. Il est pris en compte dans le calcul de l'effectif de l'entreprise utilisatrice proportionnellement à son temps de présence dans celle-ci au cours des douze mois précédents, sauf lorsqu'il remplace un salarié absent. Dans les entreprises dotées d’un comité social et économique (CSE), les attributions de la délégation du personnel au CSE s'exercent également au profit des salariés temporaires pour leurs réclamations concernant leur rémunération, leurs conditions de travail, l’accès aux moyens de transport collectifs et aux installations collectives. En outre, dans les entreprises d’au moins 50 salariés, l’employeur doit mettre à disposition du CSE un ensemble d’informations, portant notamment sur le recours aux contrats de mission conclus avec
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article100982_46
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article100982
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43f9b215fd4670ba
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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une entreprise de travail temporaire. Quelle est la situation lorsque le salarié refuse, à l’issue de la mission, une proposition de CDI ? Lorsque, à l'issue d'une mission, l'entreprise utilisatrice propose au salarié de conclure un contrat à durée indéterminée pour occuper le même emploi ou un emploi similaire, sans changement du lieu de travail, elle notifie cette proposition par écrit au salarié. En cas de refus du salarié, l'entreprise utilisatrice en informe France Travail (nouvel opérateur du service public de l’emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'entreprise utilisatrice est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat de mission ;L’entreprise utilisatrice accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion,
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
une entreprise de travail temporaire. Quelle est la situation lorsque le salarié refuse, à l’issue de la mission, une proposition de CDI ? Lorsque, à l'issue d'une mission, l'entreprise utilisatrice propose au salarié de conclure un contrat à durée indéterminée pour occuper le même emploi ou un emploi similaire, sans changement du lieu de travail, elle notifie cette proposition par écrit au salarié. En cas de refus du salarié, l'entreprise utilisatrice en informe France Travail (nouvel opérateur du service public de l’emploi, qui remplace Pôle emploi depuis le 1er janvier 2024), en justifiant du caractère similaire de l'emploi proposé. Cette disposition, en vigueur depuis le 1er janvier 2024, est mise en œuvre dans les conditions suivantes :La proposition de CDI faite par l'entreprise utilisatrice est notifiée au salarié par lettre recommandée avec accusé de réception, par lettre remise en main propre contre décharge, ou par tout autre moyen donnant date certaine à sa réception, avant le terme du contrat de mission ;L’entreprise utilisatrice accorde au salarié un délai raisonnable pour se prononcer sur la proposition de CDI en lui indiquant qu'à l'issue de ce délai de réflexion,
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article100982_47
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article100982
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b164626914cd0ad3
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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une absence de réponse de sa part vaut rejet de cette proposition. En cas de refus exprès ou tacite du salarié dans ce délai, l’entreprise utilisatrice dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l’adresse suivante. Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L’entreprise utilisatrice doit informer France Travail du refus du salarié d’un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure :L'emploi proposé est identique ou similaire à celui de la mission effectuée ;Le lieu de travail est identique. Cette information est également accompagnée de la mention :Du délai laissé au salarié temporaire pour se prononcer sur la proposition de contrat à durée indéterminée ;De la date de refus exprès du salarié temporaire, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
une absence de réponse de sa part vaut rejet de cette proposition. En cas de refus exprès ou tacite du salarié dans ce délai, l’entreprise utilisatrice dispose d'un délai d'un mois pour informer l'opérateur France Travail de ce refus. L'information de l'opérateur France Travail est réalisée par voie dématérialisée, sur une plateforme dédiée accessible à l’adresse suivante. Nature des informations transmises à France Travail en cas de refus de la proposition de CDI L’entreprise utilisatrice doit informer France Travail du refus du salarié d’un poste en CDI (voir ci-dessus). Cette information est assortie d'un descriptif de l'emploi proposé et des éléments permettant de justifier dans quelle mesure :L'emploi proposé est identique ou similaire à celui de la mission effectuée ;Le lieu de travail est identique. Cette information est également accompagnée de la mention :Du délai laissé au salarié temporaire pour se prononcer sur la proposition de contrat à durée indéterminée ;De la date de refus exprès du salarié temporaire, ou en cas d'absence de réponse, de la date d'expiration du délai mentionné ci-dessus, au terme duquel le refus du salarié est réputé acquis. Si l'opérateur
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article100982_48
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article100982
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b29df9df2a7c3abf
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Le contrat de travail temporaire
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Travail-Emploi
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travail-emploi
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La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
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03/07/2025
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https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire
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"Les entreprises de travail temporaire en vidéo (Web série droit du travail)"
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France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'entreprise utilisatrice qui dispose d'un délai de 15 jours à compter de cette demande pour y répondreÀ réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2. 2. Dans quels cas l'employeur encourt-il des sanctions pénales ? Des amendes de 3 750 € sont prévues pour :Les entrepreneurs de travail temporaire qui :Mettent un salarié à la disposition d'un utilisateur sans avoir conclu dans les délais un contrat de mise à disposition ;N'adressent pas dans les délais le contrat de travail ou qui concluent un contrat de travail ne comportant pas l'ensemble des mentions obligatoires ;Concluent un contrat de mission comportant des mentions volontairement inexactes ;Méconnaissent le principe d'égalité de rémunération entre
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Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
France Travail constate que les informations fournies sont incomplètes, il adresse une demande d'éléments complémentaires à l'entreprise utilisatrice qui dispose d'un délai de 15 jours à compter de cette demande pour y répondreÀ réception des informations complètes, l'opérateur France Travail informe le salarié de cette réception et des conséquences du refus de contrat à durée indéterminée sur l'ouverture de droit à l'allocation d'assurance chômage mentionnée à l'article L. 5422-1 du Code du travail. Sur ces conséquences, on peut notamment se reporter aux précisions figurant dans la Circulaire Unedic n° 2023-08 du 26 juillet 2023, notamment son paragraphe 6. 1. 2. 2. Dans quels cas l'employeur encourt-il des sanctions pénales ? Des amendes de 3 750 € sont prévues pour :Les entrepreneurs de travail temporaire qui :Mettent un salarié à la disposition d'un utilisateur sans avoir conclu dans les délais un contrat de mise à disposition ;N'adressent pas dans les délais le contrat de travail ou qui concluent un contrat de travail ne comportant pas l'ensemble des mentions obligatoires ;Concluent un contrat de mission comportant des mentions volontairement inexactes ;Méconnaissent le principe d'égalité de rémunération entre
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