The waiting period (délai de carence) is the time a French client company waits after an assignment contract ends before filling the same job with another temp or a fixed-term hire. Unless an industry agreement says otherwise, it is one third of the expired contract's length if it lasted at least 14 days, one half below, in opening days.
This guide details the calculation, with examples, the cases where the period does not apply and what a company risks if it ignores it. The other rules of the contract are in our guide to the French temporary work contract.
Guide checked on 11 November 2026, against articles L1251-36 to L1251-37-1 of the French Labour Code and the service-public.fr page on temporary work contracts (checked on 19 June 2026).
What the waiting period is
The waiting period forbids the client company from filling the job of a temp worker whose contract has just ended with a new assignment contract or a fixed-term contract until a period proportionate to the length of the expired contract has passed. It prevents a permanent job from being filled by a string of temporary contracts.
The obligation falls on the client company, that is, the staffing agency's customer: it is the one penalised for a breach (article L1255-9). The agency, for its part, has every reason to track these periods so as not to offer its client an irregular contract.
The period applies to the job. The Labour Code refers to "the job of the employee whose contract has ended" (article L1251-36). In practice, the same temp worker can move straight on to another job in the company, under another reason, but another temp worker cannot take over the job during the period.
How to calculate the waiting period
The calculation has two steps. First, measure the length of the expired assignment contract, renewals included, in calendar days. Then apply one third if that length reaches 14 days, or one half if it is shorter. The result is counted in opening days of the client company or establishment.
| Length of the expired contract (renewals included) | Waiting period |
|---|---|
| 14 days or more | One third |
| Less than 14 days | One half |
These rules come from article L1251-36-1, which applies where the extended collective or industry agreement of the client company says nothing (article L1251-36).
Opening days are the days the company or establishment is open, according to its own calendar. For a company open Monday to Friday, ten opening days make two weeks; for a shop open six days a week, a little less.
Worked examples
Four common cases, for a client company open Monday to Friday. Public holidays when the establishment is closed are not opening days and therefore do not count towards the period. When the division gives a fraction, rounding up to the next day avoids filling the job one day too early.
| Expired contract | Calculation | Waiting period |
|---|---|---|
| 30 days (one month) | 30 ÷ 3 | 10 opening days |
| 3 months (90 days) | 90 ÷ 3 | 30 opening days |
| 10 days | 10 ÷ 2 | 5 opening days |
| 2 months (60 days), renewed for 1 month | (60 + 30) ÷ 3 | 30 opening days |
In the first case, a one-month contract that ends on a Friday does not allow the job to be filled by a temp worker or a fixed-term employee before two full weeks of opening days, that is, the Monday of the third week.
When the waiting period does not apply
Unless the industry agreement says otherwise, the waiting period does not apply in six cases listed in article L1251-37-1: a new absence of the replaced employee, urgent safety work, seasonal or customary temporary jobs, replacing certain self-employed people, early termination by the temp worker and the temp worker's refusal to renew.
- A new absence of the replaced employee, when the expired contract replaced an employee who was temporarily absent or whose contract was suspended.
- Urgent work that must be done immediately for safety reasons.
- A seasonal job, or a job for which, in certain sectors, permanent contracts are customarily not used.
- Replacing the head of a business, a self-employed professional, a farm operator or people working with them (cases 4 and 5 of article L1251-6).
- Early termination at the temp worker's initiative.
- The temp worker's refusal to renew their contract, for the length of the contract not renewed.
Since the ordinance of 22 September 2017, the extended industry agreement of the client company may also set its own exceptions (article L1251-37). It is therefore the agreement of the client's industry that must be read, not that of the temporary work industry.
Waiting period and successive contracts on the same job
The waiting period does not settle everything. Even when it is respected, a string of temporary contracts that in fact covers a lasting need remains irregular: an assignment contract may neither aim at nor result in filling, on a lasting basis, a job tied to the company's normal and permanent activity (article L1251-5).
It is this breach, rather than a missed waiting period alone, that most often grounds a claim to reclassify the contract as permanent with the client company (article L1251-40). A company that keeps a job filled by temp workers for months should ask itself whether the need is still temporary.
A missed waiting period is punished by a fine of €3,750, raised to €7,500 and six months' imprisonment for a repeat offence (article L1255-9).
In Marvin
The assignment contract, its reason and the periods between two contracts are tracked in the agency's temporary staffing management software: Marvin does not calculate the waiting period. It helps fill the next job with someone else, or place the temp worker who has just finished somewhere else.
- Availability stays up to date on its own: the end of an assignment sets the temp worker back to available, they can declare their release date from their own space, and availability works as a search filter.
- Campaigns go out by WhatsApp and email to a targeted list, from the same screen, and replies land in the same inbox.
Frequently asked questions
How is the waiting period between temporary contracts calculated in France?
Unless an industry agreement says otherwise, it is one third of the length of the expired assignment contract, renewals included, if that contract lasted at least 14 days, and one half if it lasted less than 14 days. The period is counted in opening days of the client company, not in calendar days.
Does the waiting period apply to the job or to the temp worker?
To the job. The Labour Code forbids filling the job of the employee whose contract has ended with a new assignment contract or a fixed-term contract before the period is over. The same temp worker can therefore start straight away on another job in the company, and another temp worker cannot take over the same job.
When is there no waiting period?
Unless the industry agreement says otherwise: a new absence of the replaced employee, urgent safety work, a seasonal or customary temporary job, replacing a business owner or a farm operator, early termination at the temp worker’s initiative, and the temp worker’s refusal to renew their contract.
What does a company risk if it does not respect the waiting period?
A fine of €3,750, raised to €7,500 and six months’ imprisonment for a repeat offence (article L1255-9). A string of contracts on the same job may also reveal a permanent job filled through temporary work, which allows the temp worker to seek reclassification as a permanent contract.
Can an industry agreement change the waiting period?
Yes. Since the ordinance of 22 September 2017, an extended collective or industry agreement of the client company may set how the period is calculated and when it does not apply. The Labour Code rules only apply where there is no such agreement: check the one for the relevant industry.
Sources
- French Labour Code: articles L1251-36, L1251-36-1, L1251-37-1, L1251-5, L1251-40 and L1255-9, consulted on 11 November 2026.
- Service-public.fr: Contrat de travail temporaire (intérim), checked on 19 June 2026.
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