La loi encadre strictement le recours à l’utilisation de contrat de travail temporaire (la plus dangereuse forme de contrats précaires). Ainsi, il ne peut être utilisé que dans les cas suivants :
– remplacement d’un salarié absent (pour maladie), dont le contrat est suspendu (maternité, congés),
– augmentation temporaire d’activité de l’entreprise,
– tâche occasionnelle, non-durable, ne relevant pas de l’activité normale de l’entreprise,
– emplois temporaires par nature : emplois saisonniers (agriculture, fêtes, vacances, tourisme, etc.)
- travaux urgent dont l’exécution immédiate est nécessaire pour prévenir des accidents imminents, organiser des mesures de sauvetages ou réparer des insuffisances des matériels
En tout état de cause aux termes de l’article 11.4 du code du travail, l’employeur ne peut être fait appel à des travailleurs temporaire pour remplacer des travailleurs grévistes.
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