The third difference concerns the provisions of the employment contract. In a fixed-term employment contract, certain provisions are bound by stricter rules, namely the trial period clause and the trial period clause A trial period clause is used to agree on a trial period with a new employee. In a fixed-term employment contract, a trial period clause is not always allowed. A trial clause can only be included in a fixed-term employment contract of more than 6 months. In addition, a trial period is allowed for a fixed-term employment contract with no end date. With an employment contract of indefinite duration, you don`t have to face stricter rules for a trial period clause. Non-compete obligation A non-compete obligation restricts an employee`s ability to work for a competitor. A non-compete obligation is not permitted in a fixed-term employment contract. Only in very exceptional cases can you use an exception to this rule.
These exceptions are so limited that we always recommend that you contact a lawyer first. With an employment contract of indefinite duration, you do not have to face stricter rules for a non-compete obligation. Have you obtained a permanent contract? This has certain advantages: a fixed-term employment contract ends automatically. This is called “by operation of law”. Sometimes the exact end date is not known, but the contract ends at the end of a project. The fixed-term contract then stipulates that you have been hired for the duration of the work. This contract ends automatically when the work is completed. Many employers therefore initially offer fixed-term contracts before moving to a permanent contract. 1.3. Content of the employment contract (e.B. Fixed-term contract, non-competition obligation, trial period, secondary activity, penalty clause, confidentiality, secondment) You can also include special agreements (or provisions) in an employment contract on the following topics, among others: If the chain of these fixed-term contracts exceeds a period of 36 months, the fixed-term contract is transformed into a contract of indefinite duration. A perpetual contract, also known as a perpetual contract, is a contract of indefinite duration.
This means that the contract does not expire until you have terminated or your employer has terminated the contract. Of course, you can`t just end this: your employer must comply with the dismissal rules. And even if you want to resign yourself, you can`t just clean your desk and close the door behind you. For example, you must meet a notice period. You can find out more about this on the dismissal page. The CDI is not called “CDI” for nothing: it is difficult for the employer to get rid of the employee without significant costs or long procedures. As a result, many employers first give employees one or more fixed-term employment contracts so they can be sure they have hired a good employee. This practice is especially prevalent when things are not going so well economically. The first and most important difference is the duration of the employment contract. A fixed-term employment contract is a limited duration.
For example, the period of a certain number of months or years or the duration of a project. In the latter case, the end of the project must be determined objectively. This means that the end depends on the work and not on the will of you or your employee. In addition, a fixed-term employment contract offers a termination option that an employment contract of indefinite duration does not have. This is the possibility of not renewing the employment contract. Are you a temporary worker through YoungCapital and have a question about your contract? Check out our FAQ, so keep a close eye on how many fixed-term contracts you`ve already received and how long you`ve been working for a company. But please note: Do you work for an employment agency that follows the ABU or NBBU collective agreement? Then you can get a maximum of six fixed-term contracts over a period of up to four years. This has to do with the ABU phase system for temporary workers. What is it? At the bottom of the page on cao you will find more information about this. .