© - ATH all rights reserved - Edition 2024 20 EMPLOYER’S GUIDE 2024 MAIN CASES WHERE A FIXED-TERM CONTRACT IS USED A fixed-term contract can only be signed where stipulated by applicable legislation and for the performance of a precise and temporary task : • Replacement of an employee, • T emporary increase in company’s business, • Seasonal jobs or jobs for which a fixed-term contract is usually used, • Replacement of company manager, • Recruitment under the applicable employment policy (professional training andapprenticeship contracts, seniors contract and so on), • Project-based fixed-term contract for engineers and executives. Ask us, to make sure you avoid signing a fixed-term contract where not permitted by law. Under no circumstances may a fixed-term contract (CDD) be used to fill a job related to the normal and permanent activity of the company. FORM OF FIXED-TERM CONTRACT The fixed-term contract must be in writing, otherwise it is deemed to be a permanent contract. Failure to sign by one of the parties is classed as the absence of a written document. It must be given to the employee within 2 days of being hired. It must include certain details including : reason for contract, contract end date, post held, length of probation period… The fixed-term contract must include detailed reasons for its use, otherwise it might be re-classed as a permanent contract. The employer is liable in this case for a fine of € 3,750. PROBATION PERIOD The statutory maximum period is 1 day a week up to 2 weeks maximum for a fixed-term contract of 6 months or less. 1 month maximum for a fixedterm contract of more than 6 months. If the employer or employee terminates the contract during the probation period, notice must be given. (refer to Fact Sheet 13). When the contract does not have a precise term, the probation period is calculated on the basis of the minimum term of the contract. TERM OF FIXED-TERM CONTRACT The fixed-term contract can be signed : • From date to date : in this case, it has a maximum term of 18 months, including renewals, only 2 renewals being allowed, FIXED-TERM CONTRACT 9 What you need to know : The fixed-term contract is an exceptional form of employment contract subject to strict regulations. If a fixed-term contract does not comply with the rules laid down by the applicable legislation, it may be reclassified as a permanent contract. Note that an extended collective agreement may relax certain rules governing fixed term contracts.
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