The student employment contract represents an important issue for many young people who want to combine studies and professional activity. This form of employment, governed by specific rules, allows students to acquire a first professional experience while continuing their education. Understanding the legal obligations and rights associated with this type of contract is essential for both students and employers.

💡 What is a student employment contract?

One student employment contract is a legal agreement between an employer and a young person pursuing studies, whether still in school or enrolled in higher education. This contract must comply with the provisions of the Labor Code while taking into account the particular status of the student.

Definition and main characteristics

The student contract is distinguished from other forms of contracts by several characteristics:

• It concerns exclusively people who have the student status Or student
• It can be concluded in the form of a permanent contract, fixed-term contract or temporary contract
• It takes into account the constraints related to studies (schedules, class periods, exams)
• It benefits from certain specific adjustments in terms of working hours.

The purpose of this contract is to enable young people to acquire a professional experience while maintaining their training path.

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🤭 Age requirements and permissions required

Minimum age to work

Every minor must be authorized to do so by his legal representative (father or mother, for example), unless he is emancipated. The age requirements for accessing a student contract are strictly regulated:

• From the age of 16 : From the age of 16, young people can conclude a student contract (CDI, CDD, or temporary), with the exception of certain prohibited or regulated jobs.
• Between 14 and 16 years : Work is only possible during school holidays and under special conditions
• Before the age of 14 : Salaried work is generally prohibited, with very limited exceptions (show business, modeling)

Parental authorization required

For non-emancipated minors, theparental permission is an essential prerequisite. Authorization from parents or legal representatives is required for non-emancipated minors.

This authorization must be:

• Written and signed by both parents or the legal representative
• Specific for the intended use
• Accompanied by supporting documents Parents' identity

If the minor child is between 14 and 16 years of age, the employer must request the authorization of the labour inspector by attaching this authorization.

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📓 Contract types available for students

Fixed-term contract (CDD)

The CDD student represents the most common form of contract. It has several advantages:

• Flexibility over time (adaptation to school periods)
• Possibility of renewal
• The student employee accumulates 2.5 days of paid leave on a fixed-term contract, per month worked.

Permanent contract (CDI)

Less frequent but possible, the CDI student offers job stability. It requires a particular organization to reconcile working hours and studies.

Temporary employment contract

Temporary work allows students to work on an ad hoc basis in user companies, generally for short missions or replacements.

Seasonal contracts

Especially suitable for vacation periods, these contracts allow students to work intensively over defined periods of time (summer, Christmas vacation, etc.).

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⏳ Working hours and specific arrangements

Working time while studying

Generally, the working time in parallel with school or university studies is 10, 15 or 20 hours per week. This limitation makes it possible to maintain academic success.

Exception for students under 26

The minimum working time of 24 hours per week is not applicable for employees under 26 years of age who are studying. This exemption facilitates access to student employment.

Working time while on vacation

For a full-time employment contract, the duration is 35 hours as for any other employee (during school vacations or summer).

Rest and holidays

Student employees benefit from the same rights as other employees concerning:

• Daily and weekly rest
• Paid leave (calculated in proportion to the time worked)
• Exam leave (according to collective agreements)

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💰 Remuneration and salary conditions

Minimum wage by age

Student remuneration varies according to their age:

• Under 17 : It must be at least 80% of the SMIC for those under 17
• Between 17 and 18 years : And by at least 90% for those between 17 and 18
• 18 years and over : Full SMIC mandatory

Equal treatment

From the age of 18, students must receive the same remuneration as other employees for an equivalent position, in accordance with Principle of equal treatment.

Social benefits

Salaried students benefit from:

• Social coverage (social security, unemployment insurance)
• Restaurant tickets (if provided in the company)
• From profit sharing (depending on the company)

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🤫 Restrictions and work prohibited to minors

Dangerous and arduous work

For those under 18, night work, strenuous activities, and hazardous activities are prohibited.

Sectors that are particularly regulated include:

• Chemical industry (handling toxic products)
• Construction (work at height, use of dangerous tools)
• Drinking establishments (restrictions depending on the schedule)
• Spectacle (specific regulations)

Specific working hours

Minors cannot work:

• Between 22:00 and 06:00 (night work prohibited)
• More than 8 hours per day
• Over 35 hours per week (with exceptions)

Medical surveillance

Reinforced medical follow-up is mandatory for young workers, with more frequent medical visits.

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👀 Employer obligations

Declaration and formalities

The employer must:

• Declare hiring with URSSAF
• Verify parental permission For minors
• Establishing a written employment contract (mandatory for fixed-term contracts)
• Respect safety regulations strengthened for young people

Training and reception

The employer has an obligation to:

• Ensure a Appropriate reception Of the young employee
• Dispense the training required At the station
• Set up a specific support If required

Respect for school schedules

The employer must take into account pedagogical constraints and adapt the organization of work accordingly.

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😇 Employee student rights and protections

Protection against discrimination

Student employees benefit from the same protection as other employees against:

• Age discrimination
• Unjustified differences in treatment
• Moral or sexual harassment

Right to training

Students can benefit from:

• From personal training account (CPF)
• Corporate training actions
• From leave for the validation of acquired experience (VAE)

Trade union representation

In the event of a conflict between you and your employer, you can be represented by your parents. Underage students benefit from special protection.

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❌ Termination of the student contract

Reasons for breakup

The termination of the student contract may occur for:

• End of contract (for fixed-term contracts)
• Resignation Of the student
• Dismissal (according to the rules of labor law)
• Breach by mutual agreement

Specific procedures

For minors, breaking the contract requires:

• Information from parents or legal representatives
• Compliance with appropriate dismissal procedures
• Taking into account the interests of the minor

Allowances and rights

In the event of a breakup, the student can claim:

• Aux End of contract benefits (for fixed-term contracts)
• Aux paid vacation Not taken
• Aux overtime possible

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😉 Practical advice for students and employers

For students

• Verify your rights before signing a contract
• Keep all documents relating to your employment
• Get informed on applicable collective agreements
• Do not hesitate to inquire with the competent bodies

For employers

• Respect scrupulously rulemaking
• Anticipate constraints related to student status
• Set up appropriate follow-up young employees
• Consult the labour inspection services In case of doubt

The student employment contract is a valuable tool for the professional integration of young people. Its implementation requires a thorough knowledge of legal rules to guarantee the respect of everyone's rights and to promote a rewarding professional experience.

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🗞️ Main sources:

• Service-public.fr
• Legifrance
• Ministry of Labor
• Student.GOV

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