One month to give temporary employees a list of permanent positions

To comply with the provisions of the European Directive of June 20, 2019 on transparent and predictable working conditions in the European Union, the legislator had amended the letters of Articles L1242-17 and L1251-25 of the Labor Code.

The aim is to impose an obligation on employers and user companies to provide information on open-ended positions available to employees on fixed-term contracts, and to temporary employees.

These beneficiaries must, however, apply for it and, above all, provide proof of at least six months’ continuous service.

The implementing decree was published on October 30, 2023, and came into force on November 1^st, 2023.

Through this, the regulatory authority – specifying the terms of this information obligation – introduced articles D1242-8 (fixed-term contracts) and D1251-3-1 (temporary work) of the French Labor Code.

Let’s have a look.

At first glance, the protagonists may be different, but the rules they have to follow are essentially identical:

1. The employer and the user company must comply with the employee’s request within one month.

To do so, the employee must submit his or her request “by any means that provides a definite date of receipt” (D1242-8 and D1251-3-1 of the French Labor Code).

From the date of receipt, the employer or user company will have a period of one month to communicate the list of open-ended positions available that correspond “to the employee’s professional qualifications” (D1242-8 and D1251-3-1 of the French Labor Code).

The response must be tailored to the applicant’s skills.

2. The employer and the user company may refuse to grant the request of an employee who has made two requests in the course of a calendar year.

The decree specifies that the list of available pots does not have to be communicated when, during the same calendar year, two requests have already been made by the employee.

In other words, on the third request, the employer is free not to respond.

3. The employer and the user company will normally reply in writing.

In principle, the employer or user company will communicate this response in writing.

By way of exception, starting with the second request, where the parties concerned have fewer than 250 employees, they may provide verbal feedback if this is identical to the first.