Contrats de Mise à Disposition Template for France

A Contrat de Mise à Disposition is a mandatory legal agreement between a temporary employment agency (Entreprise de Travail Temporaire - ETT) and a client company (Entreprise Utilisatrice - EU) that governs the temporary assignment of workers. Under French labour law, this contract is essential for establishing the legal framework of temporary work relationships and ensuring compliance with strict regulatory requirements governing when and how temporary workers can be employed.

When do you need this document?

You need a Contrat de Mise à Disposition whenever your company requires temporary staff through an employment agency. This includes situations where you need to replace an absent employee, handle temporary increases in workload, complete specific seasonal work, or fill positions temporarily while recruiting permanent staff. The contract is also required for specialised temporary assignments in sectors like construction, healthcare, or IT services. French law mandates this document before any temporary worker begins their assignment, making it legally impossible to proceed without a properly executed contract.

Key legal considerations

The contract must clearly define the specific tasks and working conditions for the temporary worker, including precise job descriptions, required qualifications, working hours, and workplace location. You must specify the exact duration of the assignment and ensure it falls within legal limits - generally 18 months maximum with possible renewals under strict conditions. The contract must include provisions for health and safety training, equal treatment regarding working conditions compared to permanent employees, and clear termination procedures. Both parties must respect the prohibition on using temporary work to replace striking workers or to perform particularly dangerous tasks without proper safeguards. The ETT remains the legal employer while you exercise day-to-day supervision, creating shared responsibilities that must be clearly delineated.

Legal requirements in France

French law requires compliance with Articles L1251-1 and subsequent provisions of the Code du travail, which strictly limit when temporary work can be used to specific circumstances like temporary increases in activity or employee replacements. You must ensure the contract includes all mandatory information: precise identification of both companies, detailed mission description, duration and renewal conditions, applicable collective bargaining agreements, and remuneration terms. The contract must be written in French and signed before the worker's assignment begins. You're also subject to the European Directive 2008/104/CE regarding temporary agency work, ensuring equal treatment principles. The agreement must respect the Convention collective du travail temporaire and include provisions for professional training and skills development where applicable. Failure to properly execute this contract can result in the temporary work relationship being requalified as a permanent employment contract, with significant financial and legal consequences for your company.