D2b2 - What types of contracts can be concluded with pupils and students during school holidays?

The “student contract”

The employer may conclude a “student contract” with a pupil or student aged between 15 and 27 (up to their 27th birthday), during school holidays, in accordance with Articles L. 151-1 and following of the Labour code.

The contract may not exceed a period of two months or three hundred and forty-six hours per calendar year. This limit cannot be exceeded, even in the case of multiple contracts.

During school holidays, it is permitted to conclude a “student contract” with a weekly working time of up to forty hours. It is also possible to conclude several part-time contracts, provided the total does not exceed three hundred and forty-six hours per calendar year.

The remuneration may not be less than 80% of the social minimum wage (SSM), adjusted where applicable depending on age. The exact remuneration amounts can be found in our (FAQ D2b7).

The fixed-term “student” contract

For pupils or students, who are no longer subject to compulsory schooling, a fixed-term “student” employment contract may be concluded (Article L. 122-1, paragraph 3, point 5 of the Labour code).

From 1^st September 2026, compulsory schooling extends until the age of 18. In principle, a pupil or student must be at least 18 years old, except in cases provided by law, to conclude a fixed-term “student” contract (FAQ D2b14).

However, a minor aged at least 16 who has entered into an employment contract may be granted an exemption from compulsory schooling for the duration of that employment contract. For this purpose, the persons holding parental authority may submit a written application to the Minister for Education, Children and Youth, accompanied by a copy of the employment contract, no later than eight days before the beginning of the requested exemption.

As a general rule, a fixed-term “student” contract may not exceed an average of 15 hours per week over a period of one month or four weeks.

However, the law provides for an exception when such contracts are concluded for work during school holidays. In this case, the limit of an average of 15 hours per week over a period of one month or four weeks does not apply, and working time may be increased to forty hours per week.

The social minimum wage applies to fixed-term “student” contracts  (FAQ D4a3).

The fixed-term contract provided by the general law

For pupils or students aged at least 18 (except in cases provided by law or exemptions from compulsory schooling granted by the Minister for Education, Children and Youth (FAQ D2b14)), the Labour code does not explicitly provide for the use of a fixed-term contract provided by general law (other than the case mentioned above). However, if the purpose of the contract complies with the purpose of a fixed-term contract, and given that there is currently no specific case law on this issue, the ITM is of the opinion that its use is not prohibited, as the related provisions are more favourable to students in terms of labour rights

Working time may be increased to forty hours per week.

The social minimum wage applies to fixed-term contracts provided by general law (FAQ D4a3).

The contract of indeterminate duration (CDI) provided by the general law

The Labour code does not exclude the use of a contract of indeterminate duration (CDI) provided by general law for pupils or students aged at least 18 (except in cases provided by law or exemptions from compulsory schooling granted by the Minister for Education, Children and Youth FAQs D1a2 et D2b14).

Working time may be increased to forty hours per week.

The social minimum wage applies to contracts of indeterminate duration provided by general law (FAQ D4a3).