D2c1 - May a student be employed outside school holidays?

Yes, but not under a “student contract”.

It is possible to conclude the following contracts:

  • The fixed-term “student” contract

The law allows pupils and students from the age of 18 to enter into a fixed-term “student” contract, in accordance with Article L. 122-1, paragraph 3, point 5 of the Labour code, except in cases provided by law (FAQ D2c3).

Note: 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.

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 18, (except in cases provided by law or exemptions from compulsory schooling granted by the Minister for Education, Children and Youth (FAQ D2c3)) 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.

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 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 and D2c3)

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:

From 1st September 2026, compulsory schooling extends until the age of 18.
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 pupils or students under 18, except in cases provided by law (FAQ D2c3).

It should be noted that, pursuant to Article 16 of the Law of 20 July 2023 on compulsory schooling, the extension of compulsory schooling until the age of 18 applies to pupils who have not yet reached the age of 17 before 1 September 2026. Accordingly, pupils who have already reached the age of 17 before that date remain subject to the previous provisions, under which compulsory schooling applies until 1 September following their 16th birthday.

Note: 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.

Nota bene

For questions concerning the employment of pupils or students during school holidays, please refer to FAQ D2b2 .

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