Avenant de Mise à Disposition Template for France

When you need to modify the terms of an employee secondment arrangement in France, you'll require an Avenant de Mise à Disposition. This legal amendment document allows you to adjust the original staff sharing agreement while maintaining compliance with French employment law. The amendment ensures all parties - the lending company, the receiving company, and the employee - agree to new terms in writing.

When do you need this document?

You'll need an Avenant de Mise à Disposition when circumstances change during an ongoing employee secondment. Common scenarios include extending the secondment period beyond the original timeframe, modifying the employee's role or responsibilities at the receiving company, or adjusting financial arrangements between the companies. You'll also need this document when the employee's working conditions change, such as different working hours, location changes, or salary adjustments. Any modification to the original mise à disposition agreement requires a formal written amendment to maintain legal compliance.

Key legal considerations

Your amendment must clearly identify all parties involved and reference the original secondment agreement being modified. You need to specify exactly which terms are changing and provide detailed descriptions of the new conditions. The document must maintain the non-profit nature of the arrangement - you can only charge actual costs incurred, never make a profit from the employee's work. You must ensure the amendment doesn't extend the total secondment period beyond legal limits or create conditions that could be considered disguised employment. All parties must sign the amendment, and you should obtain the employee's explicit consent to any changes affecting their working conditions or compensation.

Legal requirements in France

Under French law, your Avenant de Mise à Disposition must comply with Articles L.8241-1 and L.8241-2 of the Code du travail. The amendment cannot alter the fundamental non-commercial nature of the arrangement - you must continue charging only actual salary costs plus social contributions without any markup. You must respect the employee's rights under their original employment contract and cannot use the amendment to circumvent French employment protections. The document must be written in French and include specific clauses about the amendment's duration, financial terms, and the employee's working conditions. You should also ensure compliance with collective bargaining agreements that may apply to the seconded employee and maintain proper documentation for potential labour inspections.