Section 6: Provisions applicable to public employers

Articles in this section · 4

Article L1251-60

French Labour CodeIn force

Updated 8 Nov 2023

Legal persons governed by public law may call upon the employees of these companies for non-permanent tasks, known as missions, in the following cases only:

1° Temporary replacement of a member of staff due to sick leave, maternity leave, parental leave or parental presence leave, temporary part-time work, participation in activities as part of an operational, health, civil or other reserve, or performance of civil or national service, recall or retention in the armed forces;

2° Temporary vacancy of a post that cannot be immediately filled under the conditions provided for by Law no. 84-16 of 11 January 1984 on statutory provisions relating to the State civil service, Law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service and Law no. 86-33 of 9 January 1986 on statutory provisions relating to the hospital civil service and by Chapter II of Title V of Book I of Part Six of the Public Health Code;

3° Temporary increase in activity;

4° Occasional or seasonal requirements as defined in 3° of article L. 1242-2.

When the contract is concluded under 1°, 3° and 4°, the total duration of the assignment contract may not exceed eighteen months. It is reduced to nine months when the purpose of the contract is to carry out urgent work required for safety reasons. It is extended to twenty-four months when the assignment is carried out abroad.

When the contract is concluded under 2°, the total duration of the assignment contract may not exceed twelve months. It is reduced to nine months if the contract is concluded pending the assumption of duties by a member of staff.

The assignment contract may be renewed once for a fixed term which, when added to the term of the initial contract, may not exceed the terms set out in the previous paragraph.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
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

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

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

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More