Subsection 1: Appeals.

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Article L1242-2

French Labour CodeIn force

Updated 8 Nov 2023

Subject to the provisions of Article L. 1242-3, a fixed-term employment contract may only be concluded for the performance of a precise and temporary task, and only in the following cases:

1° Replacement of an employee in the event of :

a) Absence ;

b) A temporary change to part-time work, agreed by amendment to the employee's contract of employment or by written agreement between the employee and his employer;

c) Suspension of his/her employment contract;

d) definitive departure prior to the abolition of the employee's post after consultation of the social and economic committee, if there is one;

e) Pending the effective entry into service of the employee recruited on an open-ended contract to replace him;

2° Temporary increase in the company's activity;

3° Jobs of a seasonal nature, where the tasks are likely to be repeated each year at more or less fixed intervals, depending on the rhythm of the seasons or collective lifestyles, or jobs for which, in certain sectors of activity defined by decree or by agreement or extended collective labour agreement, it is common practice not to use open-ended employment contracts due to the nature of the activity carried out and the temporary nature of these jobs. When the duration of the employment contract is less than one month, a single pay slip is issued by the employer;

4° Replacement of the head of a craft, industrial or commercial business, of a person practising a liberal profession, of his or her spouse effectively participating in the activity of the business on a professional and usual basis or of a non-salaried partner of a professional non-trading company, of a non-trading company of means, of a liberal practice company or of any other legal person practising a liberal profession;

5° Replacement of the head of an agricultural holding or an enterprise mentioned in 1° to 4° of article L. 722-1 of the rural and maritime fishing code, a family assistant, a partner in the holding, or their spouse mentioned in article L. 722-10 of the same code, provided that he/she actually participates in the activity of the agricultural holding or enterprise;

6° Recruitment of engineers and managers, within the meaning of the collective agreements, with a view to achieving a defined objective when an extended branch agreement or, failing that, a company agreement provides for this and defines :

a) The economic needs to which these contracts are likely to provide an appropriate response ;

b) The conditions under which employees on fixed-term contracts with a defined purpose benefit from guarantees relating to redeployment assistance, validation of acquired experience, priority for re-employment and access to continuing vocational training and may, during the period of notice, mobilise the means available to organise the rest of their career path; c) The conditions under which employees on fixed-term contracts with a defined purpose benefit from guarantees relating to redeployment assistance, validation of acquired experience, priority for re-employment and access to continuing vocational training and may, during the period of notice, mobilise the means available to organise the rest of their career path;

c) The conditions under which employees on fixed-term contracts with a defined purpose have priority access to open-ended contract jobs in the company.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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