FAQ

WHAT INFORMATION SHOULD YOU PROVIDE TO YOUR EMPLOYEES IN THE CASE OF A FIXED-TERM CONTRACT?

The cleaning company X decided to hire a new employee, Mr X.

What are its obligations?

A fixed-term employment contract shall be drawn up in writing and shall contain a precise definition of the reason for it. Otherwise, it is deemed to be concluded for an indefinite period. Caution: the employee may therefore request that his contract be reclassified as an open-ended contract.

Care should be taken to ensure that all mandatory information is included. ➣ MANDATORY INFORMATION MUST BE INCLUDED: - The name and professional qualification of the person being replaced - The expiry date and, where applicable, a renewal clause if the contract has a specific expiry date; - The minimum duration for which it is concluded when it does not include a specific term; - The name of the workstation ; - The title of the applicable collective agreement; - The duration of any trial period; - The amount of the remuneration and its various components, including bonuses and salary accessories if any. - The name and address of the supplementary pension fund and, if applicable, those of the provident institution.

Even in the case of an open-ended contract, a written document is always advisable

THE USE OF A SEASONAL CONTRACT

A restaurant owner intends to hire 3 employees for the summer season under seasonal contracts.

What are its obligations?

The employment must depend on the rhythm of the seasons, which are automatically repeated every year. The employer uses this type of contract for work that is repeated every year on a fixed date. The variation in activity due to the season must be concrete because the job must not be part of the normal activity of the company. This company wants to hire one of them, who is particularly efficient, every year and on the same date. Is this possible? There is no limit to the number of contracts concluded successively over several seasons. Be careful with the drafting of the seasonal contract, which can be a source of litigation. It is advisable to be accompanied by an expert lawyer who will be able to help you.

THE PRECISE AND IMPRECISE TERM CONTRACT

❖ Company X wonders whether it should include a specific term in the employment contract There are two cases in which a fixed-term contract must be concluded for a specific term: - employment contracts for temporary extra work ; - contracts for concluded following the permanent departure of an employeepending the abolition of his post. ❖ This company then asks the question of when the employment contract can contain a non-specific term Certain situations may justify the term being imprecise, such as - to replace an employee who is absent, in particular for maternity leave or who is on sick leave - while waiting for an employee recruited on a permanent contract to take up his post; - for seasonal jobs.