The legal framework of interim staffing

Interim staffing is expressly regulated by the law of May 19 1994. The spirit of the law emphasises, to a greater extent than in the past, the idea of a partnership between businesses utilising interim staff on the one hand, and the interim staff on the other. It provides the necessary framework for proper engagement of interim services, in cases of reinforcement, relocation or replacement of permanent personnel. Below, we have summarised some situations where you may resort to the engagement of interim staff.

Legally accepted reasons for employment of Interim Staff

You have a right to engage interim staff in the following cases:
· to replace an absent employee, or when an employee leaves before the permanent replacement assumes his/her post.

(Conflicts at work cannot form the basis for hiring an interim worker);
· for seasonal employment needs: the agricultural sector, hotel-restaurant-catering work, aviation, etc.
· to cover occasional tasks for which a permanent post does not exist within the business;
· specialist tasks or those required when setting up or closing down a business;
· tasks required during periods of exceptional growth in productivity;
· in the case of urgent remedial work concerned with the prevention of accidents, or in order to safeguard buildings and equipment ;
· employment where it is not customary to employ permanent staff.

Useful information for companies using interim staff

Concerning the temporary requirement:

As a business utilising interim staff, you will be invited to provide certain details and information such as the reason for your need to engage interim staff, defining the terms of the placement, specifically; duration; professional qualifications required; the nature of employment; the place of work; hours of work; and the name of the absent employee (in case of replacement).

Concerning remuneration:

To set up the salary of the interim staff, we need to know several details such as remuneration rate for the post or for its equivalent, d where this fits in with your salary scales (if applicable), any probationary period, qualifications required etc.

Length of mission:

Placements cannot exceed 12 months for the same worker or for 'equivalent post' placements, including renewals. Within this stipulation, a contract can be renewed up to twice, for a fixed duration. This limit may be subject to increase if the role requires highly specialised skills or professional experience, as defined by the job description.

Contracts are valid only if they clearly define a set term or minimum duration. When contracts are defined for a minimum duration, it should be linked to the return of the absent employee, or the conclusion of the task for which the placement is required. This applies equally to the examples above.

Consequences of fixing a minimum term:
- Contracts may not be terminated prior to the expiry of the minimum term
- The minimum term provides the basis for calculation of a probationary period. There are limits to the length of the probationary period. These will be explained by our consultants.

Your obligations as a business utilising interim staff

Before signing a contract

When a company needs to engage interim staff, the department concerned is required to agree the matter with its own internal management, and, if applicable, with the personnel department. All aspects of the mission should be explained to the candidate, either directly or through the agency.

At the signing of a contract :

A signed contract must be returned to the interim staff within 72 hours of the commencement of the contract. Unless the interim staff is engaged directly, this is done by the staff agency. The user of the interim staff signs a separate contract with the staff agency.

At the end of a contract :

When the projected term of a contract (including the two legally acceptable renewals) has expired, the user may not immediately re-hire the temporary employee for the same or an equivalent post within the same department. If the same or an equivalent post is still to be filled, the user must normally wait for a period equal to a third of the length of the contract, including renewals. Nevertheless, this may be waived in the case of extended absence of the replaced worker, in seasonal employment, or in certain other cases.

Please ask our consultants if you are in any doubt. In all cases, re It is essential that legally valid contracts are drawn up.

If, following the end of a temporary contract, the business utilising the interim staff continues to do so without a valid contract of employment, or a new interim contract, having been signed, the worker concerned may consider themselves to be engaged on a permanent contract by the user.