D2c1 - May a student be employed outside school holidays?

It is possible to conclude the following contracts:

The fixed-term “student” contract:

The law allows pupils and students from the age of 16 to enter into a fixed-term “student” contract, in accordance with Article L. 122-1, paragraph 3, point 5 of the Labour code.

From 1st September 2026, compulsory schooling will be extended until the age of 18. From then on, a pupil or student must be at least 18 years old, except in cases provided by law, to enter into a fixed-term “student” employment contract (FAQ D2c3 ).

If such a contract is concluded outside school holidays, working hours are limited to 15 hours per week on average, over a period of one month or four weeks.

The social minimum wage must be applied (FAQ D4a3).

The fixed-term contract provided by the general law:

For pupils or students aged at least 16 (from 1st September 2026, 18 years, except in cases provided by law), the Labour code does not explicitly provide for the use of a fixed-term contract provided by general law (other than the specific student contract mentioned above).

However, if the purpose of the contract complies with that of a fixed-term contract, and since no case law currently exists on this matter, the ITM considers that such contracts are not prohibited, as the related provisions are more favourable to students in terms of labour rights.

In this case, working hours may go up to 40 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 use of a contract of indeterminate duration (CDI) provided by general law is also not excluded by the Labour code for pupils or students aged at least 16 (from 1st September 2026, 18 years, except in cases provided by law) (FAQ D1a2).

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).

 

 

IMPORTANT:

Currently, compulsory schooling extends until the age of 16.
Therefore, it is prohibited to conclude a fixed-term “student” contract, a fixed-term contract provided by general law, or a contract of indeterminate duration (CDI) provided by general law with a pupil or student under 16, due to compulsory schooling (FAQ D2c3).

From 1st September 2026, compulsory schooling will extend until the age of 18.
Consequently, it will be prohibited to conclude a fixed-term “student” contract, a fixed-term contract provided by general law, or a contract of indeterminate duration (CDI) provided by general law with pupils or students under 18, except in cases provided by law.

Nota bene: For questions concerning the employment of pupils or students during school holidays, please refer to FAQ D2b3 .

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