Avenant de Mise à Disposition Template for France

An Avenant de Mise à Disposition is a crucial legal document that allows you to modify an existing employee secondment agreement in France. This amendment ensures that any changes to the original secondment terms comply with French employment law while protecting the rights of all parties involved.

When do you need this document?

You need an Avenant de Mise à Disposition whenever circumstances require changes to an existing employee secondment arrangement. This commonly occurs when extending the secondment period beyond the originally agreed timeframe, modifying the employee's role or responsibilities at the host company, changing the workplace location or working hours, or adjusting financial arrangements between the lending and receiving companies. The document is also necessary when there are changes in supervision arrangements or when additional services or projects require different terms than those outlined in the original agreement.

Key legal considerations

Several critical legal elements must be addressed in your amendment. The identification section must include complete details of both the lending company (Société Prêteuse) and host company (Société d'Accueil), including their legal names, registered addresses, SIRET numbers, and authorized representatives. You must clearly specify the exact modifications being made to the original secondment agreement, ensuring that the amendment's effective date and duration are precisely defined. The amended working conditions must be detailed, including any changes to working hours, workplace location, job functions, and supervision arrangements. Financial considerations, such as cost-sharing agreements and expense reimbursements, must be clearly outlined to prevent disputes.

Legal requirements in France

French law strictly regulates employee secondments through the Code du travail, particularly Articles L.8241-1 and L.8241-2, which define and govern non-profit employee lending operations. Your amendment must ensure that the secondment remains non-profit in nature, as required by French law, meaning the lending company cannot charge more than the actual cost of the employee's services. The document must maintain compliance with working time regulations, health and safety requirements, and social security obligations. The seconded employee's original employment contract and benefits must remain unchanged, and the host company must provide equivalent working conditions to those of its own employees performing similar functions. Additionally, the amendment must respect the maximum duration limits for secondments as specified in the Code du travail and ensure proper notification procedures are followed for all parties involved.