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 must be in writing and clearly state its purpose. Otherwise, it is considered to be an open-ended contract. Note: the employee may therefore request that their 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 qualifications of the person being replaced; – The expiry date and, where applicable, a renewal clause when it has a fixed term; – The minimum duration for which it is concluded when it does not have a fixed term; – The designation of the workstation – The title of the applicable collective agreement; – The duration of any probationary period; – The amount of remuneration and its various components, including bonuses and salary supplements, if any; – The name and address of the supplementary pension fund and, where applicable, those of the employee benefits provider.

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 job must be tied to the rhythm of the seasons, which repeat automatically each year. The employer uses this type of contract for work that is repeated annually on a fixed date. The variation in activity due to the season must be tangible, as the job must not be part of the company's normal operations. This company wishes to hire one of these employees, a particularly high-performing one, every year on the same date. Is this possible? There is no limit to the number of contracts that can be 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 (CDD) must be concluded for a specific term: – a temporary increase in workload; – a contract for concluded following the permanent departure of an employee, pending the elimination of his position. ❖ 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, in particular: – to replace an absent employee, especially on maternity leave or sick leave; – while waiting for an employee recruited on a permanent contract to take up their post; – for seasonal jobs.