Where an employment contract is concluded for a fixed term or for piece­work, neither party may unilaterally terminate the contract (sec. 25 LC)

See Note 2 under section 7 of the Labour Code: "The maximum duration of a definite period in respect of types of work which are not permanent by nature shall be determined by the Ministry of Labour and Social Affairs and approved by the Council of Ministers."

See Note 2 under section 7 of the Labour Code: "The maximum duration of a definite period in respect of types of work which are not permanent by nature shall be determined by the Ministry of Labour and Social Affairs and approved by the Council of Ministers."

The LC is silent as to the possibility of renewing FTC and the rules regarding the maximum number of renewals.
It only refers to the "maximum duration of a definite period in respect of types of work which are not permanent by nature" which "shall be determined by the Ministry of Labour and Social Affairs and approved by the Council of Ministers."(sec. 7, note 2, LC).

The LC does not specify the maximum duration of (successive) FTCs
According to the Note 2 under section 7 of the Labour Code: "The maximum duration of a definite period in respect of types of work which are not permanent by nature shall be determined by the Ministry of Labour and Social Affairs and approved by the Council of Ministers."

The employment relationship may be for a specified piece of work or of specified duration or of unspecified duration. In the absence of any express stipulation, the relationship is to be deemed to be of unspecified duration.
A contract for a specified piece of work may be made only when such contract is required by the nature of the work (art. 36, FLA). A contract of a specified duration may be made only in the following cases (art. 37, FLA):
*where the nature of the work to be done so requires;
*when the contract is to provide a temporary substitute for another employee; and
*in the other cases provided for in this Act.

Employment relationships for work in mines lacking in minerals capable of paying the cost of the operation or for the reopening of abandoned or unworked mines may be for a specified period, for a specified piece of work or for the investment of a fixed capital sum (art. 38, FLA).

If on the expiry of the specified period the material to be worked still subsists, the employment relationship continues for as long as this circumstance continues (art. 39, FLA).

No statutory limitation.

No statutory limitation.

Art. 75 LC: The duration of a contract for a specified period is valid only:
* where the nature of the work performed so permits;
* if it is made for the purpose of temporarily replacing a worker who is on leave, on vacation or absent because of any temporary impediment; or
* in the other cases provided for in the LC.

No statutory limitation on renewals provided that the total duration does not exceed 1 year.
Contracts concluded for a job requiring special technical skills can however be renewed twice within a 3-year-period in the cases where vocational training is provided by the employer: art. 74 LC.

Contracts may be made for an unspecified period, for a specified period of not more than one year, except in the case of services requiring special technical skills, in which case the duration may be stipulated for a maximum of three years: art. 74 LC.

See art . 25-27 LC.
The LC authorizes contracts concluded for a limited (and specified) term (art. 25 LC) and contracts concluded to perform a specific work (art. 26 LC).
According to art. 25 LC, contracts with a limited duration can only be concluded to perform temporary or casual work.
The term of the contract and objective circumstances that justify the use of such temporary employment contract must be indicated in writing in the contract (art. 23(4) LC)
Art. 27 LC stipulates that a FTC can be concluded in order to replace a worker whose contract is temporarily suspended.

Sec. 39 LC does not refer to any maximum number of successive FTC, but only to a maximum cumulative duration of 24 months.

General rule: sec. 39 (2): maximum 24 months.
In addition, 6 months are necessary between 2 fixed-term contracts.
However, this limitation (max. 24 months) does not apply in cases listed in sec. 39 (3), i.e.: when the FTC is concluded for the purpose of temporary replacement of an absent employee, when there are serious operational reasons on the part of the employer or reasons relating to the special nature of work to be performed provided that the reasons are specified in a written agreement between the employer and the trade union organization.

Art. 27 (3) LC forbids the use of employment contracts for a seasonal job or a specific job with a duration of less than 1 year to undertake a job of a permanent nature, except for the temporary replacement of a worker performing military obligation, on parental leave or for other reasons.

See art. 27 LC and Art. 4 (4) Decree 2003: Upon expiry of a FTC, a new FTC may be concluded for a period not exceeding 36 months; and if after that period the worker continues to work, an indefinite term contract of employment must be signed.

Art. 27 LC and 4 (4) Decree 2003.

No statutory limitations.

No statutory limitations.

No statutory limitations.

Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.

Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.

Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.

See art. L 1242-1 LC to L. 1242-4 LC.
Art L 1242-2 LC: exhaustive list of situations when the use of FTC is authorized.

Art. L 1243-13 LC

Art. L 1242-8 LC.
General rule: 18 months maximum.
Depending on the grounds for resorting to a FTC, it can be up to 24 months in 3 specific situations.

Arts. 46-48 LC.

See art. 47 LC: fixed term contracts and contracts concluded for a specific work are an exception. They can only be concluded where it is required by the incidental or temporary nature of the service to be performed or the work to be executed.

Art. 48(2) LC provides that fixed-term contract can be expressly or tacitly renewed. No maximum authorized of renewals is specified.

According to art. 48(1) LC, any provision of a contract of employment which provides for a term of employment longer than 1 year shall be null and void. The nullity may be ordered only at the request of the worker. The same provision also applies to work that requires specific technical training when the term of the contract is more than five (5) years.
Therefore the maximum duration of one FTC is 1 year (or 5 years when specific technical training is required).
Art. 48(1) provides that fixed-term contract can be expressly or tacitly renewed. No maximum number of possible renewals is specified.
Therefore there seems to be no limitations on the maximum duration of successive FTCs

Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.

Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.

Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

(Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".

See art. 38 FLLR.

The law does not set out any limitation on the reasons for which a FTC can be concluded.

Art. 38 FLLR provides that a contract concluded for a limited period can be renewed one or more times for similar or shorter periods by mutual agreement.

Art.38 FLLR provides for a maximum duration of 4 years for a single FTC. However, there are no statutory limitations on the maximum cumulative duration of successive FTCs.

No reasons listed in the LC (see art. 14(2) LC).

The LC does not provide for a maximum number of renewals. The only rules regarding renewals are contained in art. 14(2) LC. This provision provides that the term of the contract is one year and can be extended by mutual agreement. However, if after the expiry of the contract, the parties take no action within 1 month, the contract will be considered renewed with the same terms and conditions.

The LC provides for a maximum duration of one FTC: 1 year, however there is no limitation on the maximum cumulative duration of successive FTCs (art. 14(2) LC).

Art. 10 LP provides for a limited list of 9 cases when FTC can be concluded. The list includes amongst others temporary replacement of a permanent worker, urgent and abnormal pressure of work and seasonal work.

No statutory limitation found in the legislation reviewed.

No statutory limitation found in the legislation reviewed.

The Labour Act does not refer to any specific legal regime for the use of fixed-term contract.
Only temporary and casual workers are regulated by special provisions (art. 73 to 78 LA)

The Labour Act does not refer to any specific legal regime for the use of fixed-term contracts.
Only temporary and casual employment are regulated by special provisions (art. 73 to 78 LA)

(Note: Art. 78: "temporary worker" means a worker who is employed for a continuous period of not less than one month and is not a permanent worker or employed for a work that is seasonal in character; "casual worker" means a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than 6 months and whose remuneration is calculated on a daily basis".)

No statutory limitation found in the legislation reviewed.

No statutory limitation found in the legislation reviewed.

Employment contracts are governed by common law. There are no provisions on fixed-term contract or probationary period in the legislation.
With regards to termination of employment, the IDA and the TEWA define "worker" broadly and do not distinguish between probationary and fixed-term workers.

No statutory limitation.

No statutory limitation.

No statutory limitation.

No statutory regulations providing for limitations on the number of renewals.

No statutory regulations providing for a maximum duration of successive FTCs.

No reference to fixed-term contracts as such in the LC.

See ILO -TED - National Law Profile, updated in June 2006 by Attorney Jonathan P. Sale:

Art. 280 of the LC provides for the following categories of employment:
* Project - where the employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee;
* Seasonal - where the work or services to be performed is seasonal in nature and the employment is for the duration of the season; and
* Casual - where the employment is not covered by the foregoing, provided that an employee who has rendered at least one year of service, whether continuous or broken, shall be considered regular with respect to the activity in which he or she is employed and his or her employment shall continue while the activity exists.

Another category of employment recognized in jurisprudence is 'term' or 'fixed-period employment'. This is based on art. 1193 of the CC, which states that obligations with a resolutory period take effect at once, but terminate upon arrival of the 'day certain' (understood to be a day that must necessarily come). The decisive determinant in 'term employment' should not be the activities that the employee is called upon to perform, but the day certain agreed upon by the parties for the commencement and termination of the employment relationship. Stipulations in employment contracts providing for 'term employment' or 'fixed-period employment' are valid when the period has been agreed upon knowingly and voluntarily by the parties, without force, duress or improper pressure exerted on the employee, and when such stipulations were not designed to circumvent the laws on security of tenure.

No statutory limitation in the legislation reviewed.

No statutory limitation in the legislation reviewed.

Sec. 48 LL as amended in 2011.
New as of Sept. 2011: Act No. 257/2011 modified the rules on fixed-term contract by extending the maximum cumulative duration from 2 to 3 years, as well as the number of renewals within that period from 2 to 3. In addition, it reduces the list of reasons that justify the recourse to FTC beyond the 3-year limit.

Note: Those limitations do not apply to contracts of employment concluded with temporary agency workers.

Sec. 48 LC, as amended by Act 257/2011, in force since 1 Sept. 2011:
No reasons required for the conclusion or renewals of contracts (max. 3 renewals) within a 3 year-period.
However valid reasons are required for any further extension to 3 years or beyond the 3-year period. (Sec. 48(4) LC ) These are:
- substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
- the performance of work in which it is necessary to significantly increase the number of employees for a transitional period not exceeding eight months per calendar year
- performing seasonal work (not exceeding 8 months per year),
- the performance of work agreed in a collective agreement.
A further extension or renewal of an employment relationship for a fixed term of up to three years or over three years can be also agreed with a teacher in higher education or a creative employee in science, research or development if there are objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation. (sec. 48(6) LC, as amended by Act 257/2011)

New in Sept. 2011: The list of reasons which can justify a further extension or renewal up to three years [previously 2 years] has been modified and reduced by Act 257/2011.
For example, the possibility to further extend or renew a FTC with respect to an employee for whom it was permitted by law or international treaty has been removed. Similarly, the "performance of care services under special regulation" is not any more considered to be a valid reason for such renewal. Lastly the following valid reasons: "performance of care services under special regulation" and "the performance of work for which an education in the arts is required" have been
modified and the law now requires "objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation".

New in September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): "A fixed term employment relationship may be agreed for at most three years [instead of 2 years under the 2009 LC]. A fixed term employment relationship may be extended or renewed at most three times within a three year period [instead of twice under the 2009 LC]."

However, a further extension or renewal (thus 5 FTCs in total) within the 3 year period or beyond is possible only for the following reasons:
"a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
d) the performance of work agreed in a collective agreement."


(Note on the legislative evolution :
- 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period (max. 4 FTCs. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
- 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
- 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 2-year period possible in limited situations)

New as of September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): General rule: max. 3 years [instead of 2 years under the 2009 LC].
However, a further extension or renewal within the 3 year period or beyond the 3-year period (without any statutory limitation) is possible only for the following reasons:
"a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
d) the performance of work agreed in a collective agreement."


(Note on the legislative evolution :
- 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
- 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
- 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 3-year period possible in limited situations).

Art. 50 and 54 LL

Art. 50 LL.

Art. 54 LL.

Art. 54 LL: "Fixed-term employment contracts shall automatically lapse at expiry date thereof. However, they may be extended by express mutual agreement for a specified term or additional terms. Whenever the initial and extended terms of the contract exceed five years, the employment contract shall become a contract with an unspecified term, provided that aggregate interruptions during such period do not exceed four months".

There are no statutory limitations with regard to the use and the renewal of fixed term contract.
Art. 29 (1) LC stipulates that the duration of a Yemeni worker's contract shall be considered unlimited unless otherwise specified by agreement between the two parties.

There are no statutory limitations with regard to renewal of fixed term contract in the LC.
Art. 29 (2) LC stipulates that a contract of employment shall be considered valid for the same duration as that initially provided for if, upon expiry, the employment relationship between the two parties effectively continues.

There are no statutory limitations in the LC with regard to the possibility of renewing a fixed term contract.
Art. 29 (2) LC stipulates that if, upon expiry of a fixed term contract, the employment relationship between the two parties effectively continues, the new contract of employment shall be considered valid for the same duration.

FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).

According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
- Direct or indirect replacement of an absent employee
* for any reason, who is temporary unable to work,
* with a pending lawsuit challenging the lawfulness of his/her dismissal,
* who is taking an unpaid leave of absence,
* who goes from working full-time work to part time.
- Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
- exceptional increase in the undertaking's activity;
- Performance of an occasional task or certain precisely defined and short-term service.
- Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
- launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
- hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
(art. 140(4) LC)

FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
Note that this rule did not exist in the 2003 LC.
There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.

The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
1) FTCs with a specified date of expiry (certain term)
- 3 years as a general rule
- 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
- 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
(Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

2) FTCs with an uncertain term:
The maximum duration is 6 years. (art. 148(4) LC)

Law 3/2012 of 10 January 2012: two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC) until 30 June 2013. The total duration of such renewals cannot exceed 18 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2014

NEW in 2013 : Under Law 76/2013, of November 7 2013, two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC or Law 3/2012) within two years of the entry into force of the Law. The total duration of such renewals cannot exceed 12 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2016.

Art. 31 LC states that fixed term contracts (FTCs) may be concluded for at least one year, except in the cases of the replacement of a temporary absent employee, for the performance of a specific task or for performing a seasonal work.
Fixed term contracts can be concluded in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work or the conditions of its execution, or the interests of the employee, as well as in the cases stipulated by law.

The Law does not specify maximum cumulative duration of FTCs. Instead it provides that in certain cases the FTC can not last less than one year.(Art. 31 LC)

No specific reason required for resorting to a FTC for the first time.
See however OECD employment protection legislation database, Austria, 2013: "a succession of FTC will automatically result in an open-ended employment contract of indeterminate length unless objective and material reasons can be shown to justify the need to renew a fixed-term contract", (available at www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm).

Subject to courts' ruling on the lawfulness of chain contracts.

Subject to courts' ruling on the lawfulness of chain contracts.

The LA does not regulate the use of fixed-term contracts but instead distinguishes between apprentices, badlis, casual workers, probationers, permanent and temporary workers
A badli (= transfer worker) is a worker who is employed during the absence of a permanent worker or of a probationer worker.
A casual worker is a worker employed on ad-hoc basis in an establishment for work of a casual nature.
A temporary worker is a worker who is employed to perform work which is essentially of temporary nature, and is likely to be finished within a limited period.
A probationer is a worker who is provisionally employed in an establishment to fill a permanent vacancy in a post and has not completed the period of his probation in the establishment.
A permanent worker is a worker employed in an establishment on a permanent basis or who has satisfactory completed the period of his probation in the establishment (sec. 4 LA).
[From the above-mentioned definition, we can infer that reasons connected to the temporary nature of the work shall be present in order to hire a badli or a temporary worker and therefore such workers cannot be hired to perform work of a permanent nature].

Fixed term contracts are regulated with the Law Decree Nº 16187 of 1979

Art. 2 of Law Decree Nº 16187: FTC are not allowed for permanent tasks or for those that are characteristic of the business.

See also: Resolución Ministerial 283/62 of 13 June 1962 according to which the contract should, by default, be considered as a contract of undefinite duration, unless the nature of the task, work or service, justifies the conclusion of a FTC.

See also the principle of "labour stability" established under Article 11 of Supreme Decree No. 28699, of 1st May 2006.

Art. 2 of the Law Decree Nº 16187

Resolución Ministerial N º 283/62 del 13 de junio de 1962

Art. 13 ECL: no material reasons required.
The ECL only provides for procedural requirements: a FTC contract can be concluded once the employer and the worker have reached a consensus through consultations. In addition, according to art. 14 ECL, "if an Employer fails to conclude a written labor contract with an employee within one (1) year from the date the employee commences work, they shall be deemed to have entered into an open-ended labor contract".

Art. 14(3) ECL :" (..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract."

Art. 14(1) ECL:
"(..) An open-ended labor contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead:
(1) The employee has been working for the Employer for ten (10) consecutive years".

Sec. 14 (1) Part-Time and Fixed-Term Employment Act (2011) [PTFTEA].
However, objective and material reasons are not required for the conclusion of a contract for a term not exceeding 2 years. Within this time frame, the contract can be renewed 3 times (sec. 14 (2) PTFTEA). For newly founded enterprises, this time limit is up to 4 years.
Similarly, no justification is required for the conclusion of fixed-term contracts with employees over 52 years old.

The extent of limitation in the number of successive depends on whether or not there is an objective reason for resorting to FTC:
* If there is an objective reason for each successive contract, it can be renewed without any limitation.
* FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).

The extent of limitation on the maximum cumulative duration depends on whether or not there is an objective reason for resorting to FTC:
* If there is an objective reasons for each successive contract, there is no limitation for renewing such FTC.
* FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).
For newly founded enterprises, this time limit is up to 4 years.

Sec. 1 (4) ESEA, refers to "objective criteria such as reaching a specific date, completing a specific task or the occurrence of a specific event".

No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.

No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.

Arts 9 and 10 ECA.

Art. 9 ECA: It is presumed that employment contracts are made for an unspecified period. A fixed-term contract may be made for up to five years if it is justified by good reasons arising from the temporary fixed-term characteristics of the work, especially a temporary increase in work volume or performance of seasonal work. A FTC may also be concluded for the replacement of an employee who is temporarily absent.

New in 2012
The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, an employment contract may be entered into for a specified term also if it is justified by the temporary characteristics of the work in a user undertaking. (Art. 9 ECA)

Art. 10 ECA: If an employee and an employer have on more than two consecutive occasions entered into a fixed-term employment contract for similar work or extended the fixed-term contract more than once in five years, the employment relationship shall be deemed to have been entered into for an unspecified term from the start. Entry into fixed-term employment contracts shall be deemed consecutive if the time between the termination of one employment contract and entry into the next employment contract does not exceed two months.

New in 2012
The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, the restriction on consecutive entry into or extension of an employment contract for a specified term provided for in subsection (1) of art. 10 shall be applied to every user undertaking separately (Art. 10.2 ECA)

Arts. 9 and 10 ECA: A fixed term employment contract can be entered into not longer than 5 years and such contract can only be renewed once. Therefore the maximum cumulated duration of successive fixed term contracts is 10 years (5+5 years).

No statutory limitations on the use of FTCs found in the LL.

No statutory limitations on the use of FTCs found in the LL.
See art. 106 LL: By express agreement of the two parties, a FTC may be renewed several times.

No statutory limitations on the use of FTCs found in the LL.
Art 106 LA: by express agreement of the two parties, a FTC may be renewed several times.
See also art 105 LA: a FTC is deemed renewed for an indefinite period if both parties continue to abide by it after its date of expiry, exception made for foreign workers.

Art. 6 LC
The fixed term contract can be used for the following reasons: a) work of specific volume has to be fulfilled; b) seasonal work has to be fulfilled; c) the volume of work increases temporarily; d) an employee who is temporarily absent from work is replaced on the basis of a suspension of labour relations; e) there is any other objective circumstance justifying the execution of the agreement for a definite period.

Art. 6 LC states that the fixed term contract may be used two or more “timesu201d if the duration of the work is 30 months.

Art. 6 LC

Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
(in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

New in 2014 : no need for objective and material reason to enter into a FTC. The number of employees with a FTC cannot exceed 20% of an employers' overall workforce.

Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs (interruptions must be for at least 10 days if the previous FTC with the same employee was shorter than 6 months; 20 days for longer previous FTCs).

New in 2014 : extension is allowed up to 5 times only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree No. 368 of 2001 amended by Decree No. 34 of 2014.

Art. 4 Leg. Decree 368/2001
However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

Under art. 5.4ter of Legislative Decree 368/2001, as amended by Law 92/2012, exception to the 36-month limit could be provided by national collective bargaining agreements.

New in 2014 : Before 2014 the 36-month limitation only applied to successive FTC. In the case of a single FTC, no maximum duration was fixed by the law. After Decree 34/2014, the maximum duration of a FTC cannot exceed 36 months, save for exceptional cases (e.g. executives (dirigenti)).

See Art. 66 and 67 LC.
No limitation on the reasons for concluding a FTC. However there are some procedural requirements: a FTC must be in writing. If not, it becomes a contract of indeterminate duration.

Art. 67, 5) LC: it can be renewed one or more times, as long as the renewal does not exceed the max. duration of 2 years.

Art 67, 8) LC, confirmed by the Arbitration Council: if the initial FDC plus any extensions exceed two years, the contract automatically becomes a contract of indefinite duration.

Art. 55 LC provides an exhaustive list of situations where FTC are authorized. In any cases, FTC should only be used for the performance of work having a temporary character.

No statutory limitation.

Art. 54 LC: FTC cannot exceed 5 years.

Arts. 24 to 26 LL.
New in Dec. 2011:Article 24(1) LL provides that "as a rule, a contract of employment contract shall be concluded for an indefinite period of time", while fixed-term contract are the exception and may entered into only in limited circumstances foreseen in the law. No such rule existed before the 2011 amendment, as the the law provided that employment contracts could be concluded or an unlimited or limited duration without any further indication on which of those two was the standard contract.

New in Dec. 2011:
Art. 25(1) LL now provides for limitation in respect of the reasons for which FTCs can be concluded: "A contract of employment may be concluded for a fixed term for the purpose of performing certain jobs whose duration is predetermined for objective reasons or due to occurrence of unforeseeable circumstances or events".
Prior to this amendment they was no such limitation in the 2008 LL.
(The previous LL of 2003 (amended in 2005) contained a limited list of valid reasons justifying the use of FTCs)

The Labour Law does not impose any limitations on the number of successive FTCs.

New in Dec. 2011: The 2011 amendments introduced, as a general rule a maximum duration of 24 months: art. 25(2) LL.
However, in 2011 the law also introduced an exception to the 24-month rule in art. 25(4): FTCs can last longer than 24 months if they are concluded in order to replace a temporarily absent employee (and the absence is longer than 24 months) or for performing seasonal work or working on a for a specific task or project. In the latter case it shall last until the completion of the project.

Art. 46 LRA.

The LRA does not set out any limitation as to the reasons for concluding FTCs. Art. 46(2) states that a fixed term contract concluded for the replacement of a temporary absent employee can be concluded until his/her return.
Note, that prior to the reform in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the LRA limited the use of FTC to the performance of work temporary in nature.

No limitation provided that the maximum cumulative duration of successive FTC concluded for the performance of the same job shall not exceed 5 years (art. 46(1) LRA).

The Labour Relations Act states that the fixed term contract may be concluded with interruptions or without interruption for performing the same job for a maximum period of 5 years. (Art. 46(1) LRA).
Note that prior to the 2008 reform [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the law provided that a FTC could be concluded for carrying out work which by its nature was of limited duration, with or without interruption, for a maximum period of 4 years.

Art. 23 provides that an employment contract shall be either for a specified or an indefinite term.
According to art. 23.2 LC, an contract can be concluded
- for a permanent position for an indefinite term,
- for a specified term agreed upon by the parties;
- in the following cases: temporary replacement of a worker, seasonal or temporary work and probationary or training period in the case of an apprentice.

No statutory limitation on the number of renewals. The LC only provides that if the employee continues performing work after the expiry of the term specified in the FTC and if the parties do not want to terminate such contract, the contract will be deemed renewed for the term for the same period (art. 23.3 LC).

The LC provides for a maximum duration of 5 years for a single contract but does not place any limitation on the maximum cumulative duration of successive FTCs (art. 25.2 LC).

Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)

Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
c) performance of a seasonal activity;
d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]

Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
(3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
(4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
(5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

Art. 82 LC (former art. 80), as amended in March 2011

The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)

Sec. 55 LL

Art. 55(2) LL.

Art. 55 (2) LL: If the original contract term and the renewal period amount to three years and the two parties continues to implement it, the contract shall become an indefinite term contract.
See art. 37 LL on foreign workers.

According to sec. 5 EPA, a contract of employment for a fixed-term may be concluded: 1) for a general fixed-term employment, 2) for a temporary substitute employment, 3) for a seasonal employment, 4) when the employee has attained the age of 67.

FTC for the purpose of 'general fixed-term employment' can be concluded with no valid reason.

Sec. 5a EPA: “A fixed-term employment is transformed into indefinite-term employment when an employee has been employed on a general fixed-term contract for a total of more than 2 years: 1) during a five year period, or 2) during a period when the employee has had successive fixed-term employment in the form of a general fixed-term employment, a temporary substitute employment or seasonal employment.
Successive fixed-term employment occurs if the employment started within six months from the last day of the previous employment.
A temporary substitute employment turns into indefinite-term employment when an employee has been employed by the employer for a temporary substitute employment for in aggregate more than two years during a five year period (SFS 2016: 248)u201d.

There is no federal legislation distinguishing between different kinds of employment contracts (including in regard to termination of employment). In general, the term of an employment contract is decided by the parties to the contract.

Employees represented by a union are usually covered by a collective-bargaining agreement that may have provisions constraining the employer's use of part-time or temporary employees. However, such provisions do not appear in all collective-bargaining agreements.

Art. 37 LL: labour relations shall be entered into for a period that is set in advance in the following cases: seasonal jobs, project-based work, increase volume of work that will last for a definite term, etc.

Art. 37 LL: no maximum number of successive FTC, but maximum duration of labour relations for a definite term of 24 months.

Art. 37 LL. The interruption between two FTCs should be longer than 30 days

No provision on valid reasons for the use of FTC in the legislation reviewed.

No provision limiting the use of FTC in the legislation reviewed.

No provision limiting the use of FTC in the legislation reviewed.

Art. 95 LC regulates fixed-term contracts of employment (Article 95 amended by HO-117-N of 24.06.10, LA-96-N dated 22.06.15)

Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts)

Art. 95 LC

In Argentina, there is a legal preference for contracts of unspecified duration or "indeterminate contracts" (art. 90 LCL) and where doubt exists as to the terms and conditions governing a contract of employment, it will be presumed to be an indeterminate contract (art. 27 NEL). The employer is in charge of providing evidence that a contract is a fixed-term contract (art. 92 LCL).

Fixed-term contracts are employment contracts for specified periods of time where the contract duration is expressly written into the contract (art. 90(a) LCL) and contracts concluded for specific tasks that justify the use of a fixed term contract (art. 90(b) LCL).

The Law does not stipulate limitations as to the reasons for concluding fixed-term contracts. However, there is a limitation as to the maximum duration of the employment relationship (5 years, art. 93 LCL).

No limitation on the number of successive fixed-term contracts, as long as the total duration of the employment relationship does not exceed 5 years (art. 93 LCL).

The formalization of successive fixed-term contracts exceeding what is foreseen in art. 90(b)LCL (nature of the task) turns the contract into a contract of indefinite duration (Art. 90 LCL).

Art. 93 LCL

Sec. 17 (1) of the EA: A contract of employment for a specified piece of work, without reference to time, or for a specified period of time shall, unless otherwise lawfully terminated, terminate when the work specified in the contract is completed or the period of time for which the contract was made expires.
In addition, sec. 2(2.1.1) of the Code of Good Practice on Termination of Employment provides that a fixed term contract may be for a specified period or may be determine by specified event. A fixed term contract normally terminates automatically on the expiry of the period.

No statutory limitation.

No maximum number specified in the legislation. However, under the Code of Good Practice, an employer who fails to renew a fixed-term contract, when a reasonable expectation that it will be renewed is held by the employee, is deemed to have dismissed the employee.

No statutory limitation.

Art. 159 LC stipulates that fact of working after the expiration of a FTC transforms the FTC in an open-ended contract. The same effect is produced by the second renewal of a FTC.

Art. 159 LC: Fixed-term contracts may be made for a maximum duration of one year (art 159 LC). One renewal is possible, provided that the maximum cumulative duration does not exceed 1 year.
As an exception, a FTC may last up to 2 years in case of managers or individuals with a professional or technical degree. One renewal is possible, provided that the maximum cumulative duration does not exceed 2 years.

If a worker is employed intermittently for 12 months or more under 2 or more FTC within a period of 15 months, which starts to count from the first appointment of the worker, there will be a legal presumption of an open ended contract.

An FTC can be concluded for less than 3 years without objective reasons.
An FTC can be however concluded for a maximum duration of five years only in the following cases: 1) if the employee is highly specialized or 2) if aged 60 years or older (art. 14, LSA).
It is worth highlighting than the dismissal a fixed-term employee before the expiry of the term, unless "there are unavoidable circumstances" (art. 17(1) Labour Contract Law (2007).

Article 20 LCA as amended in 2012 (entry into force on 1 April 2013) is explained as imposing a (“Prohibition of Unreasonable Labor Conditions by Providing a Fixed Termu201d (restriction on unreasonable differentiation of employment conditions between FTCs and other workers). It reads:“If a labor condition of a fixed-term labor contract for a Worker is different from the counterpart labor condition of another labor contract without a fixed term for another Worker with the same Employer due to the existence of a fixed term, such difference is not allowed to be unreasonable, considering the content of the duties of the Workers and the extent of responsibility accompanying the said duties (hereinafter referred to as the "content of duties" in this Article), the extent of changes in the content of duties and work locations, and other circumstances.u201d

Article 8 of the PT-FT Act [former “Part-time Workers Actu201d as amended by the 2018 Act (entry into force April 2020, and 2021 for small and medium-sized enterprises)] prohibits unreasonable difference of labour conditions for FTC workers as well as part-time workers (restriction on unreasonable differentiation of employment conditions between FTCs and other workers). It slightly strengthened the term used for restriction, but corresponds to the contents of art.20 of LCA before 2018.

The 2018 amendment to the PT-AT Act extended the scope of the prohibition of discriminatory treatment in its article 9 (including in wage fixing, training, welfare facilities; compared to comparable regular workers) for all part-time workers and all FTC workers, whether the latter work part-time or full-time (this prohibition of discrimination previously covered only when the FTC worker worked part-time).

No statutory limitation on the maximum number of successive FTC. However art. 17 (2) of the Labour Contract Act (2007) which codifies existing case law states that "With regard to a fixed-term labour contract, an employer shall give consideration to not renewing such labour contract repeatedly as a result of prescribing a term that is shorter than necessary in light of the purpose of employing the worker based on such labour contract."

Although the legislation places limits on the duration of a single fixed-term contract, maximum duration of FTC is not subject to statutory limitations.
An employment contract cannot be concluded for a term exceeding three years, exception made for the contracts concluded for completion of a specified project. The maximum duration of five years is authorized for the contracts of employment of highly specialized employees and those aged 60 years or older (sec. 14, LSA).

As for successive renewals, art. 17 (2) of the Labour Contract Act (2007) which codifies existing case law states that "With regard to a fixed-term labour contract, an employer shall give consideration to not renewing such labour contract repeatedly as a result of prescribing a term that is shorter than necessary in light of the purpose of employing the worker based on such labour contract."

HOWEVER: Article 18(1) LCA as amended in 2012 provides for “Conversion of a Fixed-term Labor Contract to a Labor Contract Without a Fixed Termu201d, if the cumulative duration of successive FTCs exceeds 5 years (excluding the FTCs before an interruption of 6 months or more, under Article 18(2)) upon the application by the worker, which the employer is deemed to accept. This amendment entered into force on 1 April 2013, and FTCs which started on this date or later counted for the cumulative duration.

FTC: sec. 10 (1) EA and 11(1) EA.
_______________
- Sec. 10(1) EA: "A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing."
- Sec. 11(1) EA: "A contract of service for a specified period of time or for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this Part, terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed."

No statutory limitation found in the legislation reviewed.

No statutory limitation found in the legislation reviewed.

No statutory limitation. Subject to courts' findings.

No statutory limitation. Subject to courts' findings.

Art. 45 and 47 LC

Art. 45 LC

Art. 10 ECA
However, the employer will be requested to prove that he has objective and material reasons for issuing a FTC only when FTC have been concluded successively without any interruption imputable to the worker.

Art. 10 bis (2) ECA

According to Art. 7 of the Collective Agreement N° 108 , 2013, temporary working contracts for workers who replace other workers, which have been terminated, can only be issued for 6 months, with the possibility to renew the contract for another 6 months. According to Art. 5 and 6 of the said agreement, temporary employment of workers to meet production peaks or to execute special tasks can only be issued for 1 month (3 months for special tasks). Renewals are possible but they have to be justified separately for each renewal and have to be registered with the public authorities.

See: CONVENTION COLLECTIVE DE TRAVAIL N° 108 DU 16 JUILLET 2013 RELATIVE AU TRAVAIL TEMPORAIRE ET AU TRAVAIL INTÉRIMAIRE

Section I - Remplacement temporaire d'un travailleur dont le contrat de travail a pris fin

Article 7
Paragraph 1er
. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé donné avec préavis et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

Paragraph 2. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

Paragraph 3. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin autrement que par congé donné avec préavis ou par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant
cours à la fin du contrat. Des prolongations d'une durée totale maximale de six mois sont toutefois possibles.

Paragraph 4. Les dispositions de cette section ne s'appliquent pas au travail intérimaire pour les entreprises qui ressortissent à la Commission paritaire n° 124 de la construction.

Art. 49 LC

Art. 52 LC: no limitation for renewals, except in cases of abuses.

No specified limitation concerning the maximum cumulative duration. However, if the competent court rules that the number of successive FTC is excessive, the contract is deemed to be of an indefinite duration, except in some specific situations: art. 54 LC.
Note that a single fixed-term contract can not be concluded for more than 24 months for national workers and 36 months for foreign workers.

Fixed Term Contracts are regulated in the Art. 68 LC which states the following:
(1) An employment contract for a fixed term shall be concluded:
1. for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise;
2. until completion of some specified work;
3. for substitution for an employee who is absent from work;
4. for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination.
5. (New SG, No.25/2001) for a certain mandate, where such has been specified for the respective body.

(2) (New SG, No. 48/2006) Employees with a temporary contract under par. 1 have the same rights and obligations as employees under an employment contract for an indefinite time. They can not be put in a disadvantage only because time-sensitive nature of their employment compared to employees under an employment contract for an indefinite time, performing the same or similar work in the enterprise, unless the law sets the benefit of some rights depending on the qualification or skills acquired. Employees on fixed-term contracts can not be placed in a less favorable position compared to other employees who work on contract for an indefinite time.
(3) (New SG No. 48/2006) Fixed term employment contract pursuant to paragraph (1), sub-paragraph 1 shall be concluded for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation.
(4) (New SG No. 48/2006) As an exception, a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. Such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.
(5) (New SG No. 48/2006) An employment contract under paragraph (1), sub-paragraph 1, concluded in violation of paragraphs (3) and (4), shall be deemed concluded for an indefinite period of time.
(6) (SG No. 7/2012) Fixed term contract for a long-term mission may be concluded for a position designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service.
(7) (SG No. 48/2006, SG No. 7/2012) An employer shall provide timely written information to employees on fixed term contracts about job locations and positions that can be filled by contract for an indefinite time, in order to provide them with the opportunity for permanent employment. Such information shall be provided to the representatives of trade unions and representatives of employees under Art. 7, para. 2.
(8) (SG No. 48/2006, Sg No. 7/2012) If possible, the employer shall take measures to facilitate the access of employees on temporary contracts to vocational training to improve their skills and opportunities for career and transferring to another job.

According to the LC fixed term contract shall be concluded for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise - for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation (Art 68.1.1 and Art. 68.3 LC).
Also, fixed term contract can be concluded until completion of some specified work (art.68.1.2), for substitution for an employee who is absent from work (Art.68.1.3), for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination (Art. 68.1.4).

In 2012, the amendment SG No. 7/2012 allows fixed term contract to be concluded for a long-term mission designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service (Art. 68.6 LC).

General rule: no renewal.

However art. 68 (4) LC provides for exceptions stating that a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. According to the same article, such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.

Art. 68.1.1 LC provides for 36 months as a maximum duration of successive fixed term contracts.

Art. 443 CLC: A contract for a specified period is a contract in which duration is fixed in advance or which depends upon the performance of specified services or on the occurrence of a particular event, the approximate date of which can be foreseen. Contracts for a specified period are valid only if they govern services whose nature or transitional character justifies the fixing of their duration in advance, transitional activities carried out by the undertaking, and contracts of a probationary nature.

Art. 451 CLL: If a FTC is tacitly or expressly renewed more than once, it shall be deemed to be a contract for an unspecified period.

Art. 445 CLL.

Art. 40 and 42 LC.

Art. 41 LC.
Except for seasonal work and other types of work to be determined by the Ministry of Labour.
The Ministerial Order n°063/CAB/PVPM/ETPS/2011 provides a list of activities for which the statutory limitation on the number of successive FTCs (max. 2) does not apply (see art. 2 of the Order). These include seasonal work such harvest, farming activities, plant weeding and watering, fishing, activities undertaken on a rotating basis in the mining, oil and hotel industries. This exclusion also covers: work performed for the construction of structures (bridges, roads, railways, roads, hospital. runways), work performed for a specific program or project with a fixed-term, humanitarian work, part-time and temporary work to add to the working hours of an employee who is unable to work full time for one reason or another, work to be performed temporarily until the effective starting date of a newly recruited employee, and work to be performed in case of temporary increase of activity.

Art. 41 LC.
Maximum duration of 1 FTC (2 years) renewable once.
Note: The maximum duration of a FTC is 1 year for workers with family responsibilities living away from their family.

No valid reasons are listed in the LC for the conclusion of fixed term contracts with a specified term.
However, Art. 108 LC provides that FTC with an unspecified term can be concluded:
- to temporarily replace a worker;
- to carry out seasonal work;
- in the event of unusual activity of the enterprise.
Art. 108 LC (last para.) adds that in order to avoid any ambiguity, the employer must at the time of hiring, communicate all elements likely to enlighten the worker on the approximate duration of the contract.

See Art. 107 and Art. 105 (2) LC on successive FTCs.
FTCs with a specified term ("contrats de travail à terme precis") can be renewed without any limitation provided that the total cumulative duration does not exceed 2 years.

Contracts with an unspecified term (in the event of seasonal work, temporary replacement of a worker, temporary increase volume of work) can be renewed without any limitation (Art. 109 LC).

See Art. 107 and Art. 105 (2) LC on successive FTC
Fixed-term contracts with a specified term ("contrats de travail à terme precis") can be renewed without any limitation provided that the total cumulative duration does not exceed 2 years.
The 2 year-limitation also applies to the conclusion of a single FTC (Art. 103 (3) LC).

However, this 2-year limitation does not apply to contracts with an unspecified term (in the event of seasonal work, temporary replacement of a worker, temporary increase volume of work): Art. 108 and Art. 110 (2) LC.

Art. 334 CO.

However, existence of safeguards.
1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).

However, existence of safeguards.
1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).

However, existence of safeguards.
1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).

A noter que l'article 15.8 du Code du travail dispose que "lorsqu'un contrat à durée déterminée prend fin dans que ne soit conclu un contrat à durée indéterminée entre les parties, le travailleur a droit à une indemnité de fin de contrat comme complément de salaire. Le taux applicable pour la détermination de l'indemnité de fin de contrat est de 3%. (...).
___________
In English:
It should be noted that Art.15.8 of the Labour Code provides that "when a fixed-term contract ends without being followed by an open-ended contract between the parties, the worker is entitled to a termination indemnity as a supplement to his salary. The applicable rate for determining the termination indemnity is 3%. (...).

Art. 14.1 LC

Art. 15.4 LC

L'article 15.4 du Code du travail dispose que "Les contrats à terme précis ne peuvent être conclus pour une durée supérieure à deux ans. Les contrats à terme précis peuvent être renouvelés sans limitation. Toutefois, ces renouvellements ne peuvent avoir pour effet d'entraîner un dépassement de la durée maximale de deux ans."
Toutefois, cette limitation ne s'applique pas aux contrats "à durée déterminée à terme imprécis" qui ne peuvent être conclus que pour l'exécution d'une tâche précise et temporaire dans certains cas spécifiques (Art. 15.6 et 15.7 du Code du travail)
______________
In English:
Art. 15.4 of the Labour Code provides that "Fixed-term contracts may not be concluded for a period exceeding two years. Fixed-term contracts may be renewed without limitation. However, such renewals may not have the effect of exceeding the maximum duration of two years."
However, this limitation does not apply to "fixed-term contracts with an indefinite term" which can only be concluded for the performance of a specific and temporary task in certain specific cases (Art. 15.6 and 15.7 LC).

Art. 25 LC

Art. 25 (1) a) LC
Exceptions:
*Are not renewable contracts concluded for the execution of a specified task and contract which termination is subject to the occurrence of a future but certain event;
* Are renewable without limitation contracts of temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work. (art. 25 (4) LC)

Art. 25 (1) a): maximum 2 years renewable once.
*This limitation does not however apply to temporary employment to replace a worker, employment to complete a task within a specified period which requires additional manpower, occasional work aiming at coping with unexpected growth in the activities of the company or entailing urgent tasks for reasons of public security, and seasonal work. (art. 25 (4) LC)

Art. 12 LRA.
See also Articles 25 to 35 of the CFA.
________________
Art.12.- (Ordonnance n°96-21) Le contrat de travail peut être conclu pour une durée déterminée, à temps plein ou partiel, dans les cas expressément prévus ci-après :
• lorsque le travailleur est recruté pour l’exécution d’un contrat lié à des contrats de travaux ou de prestation non renouvelables ;
• lorsqu’il s’agit de remplacer le titulaire d’un poste qui s’absente temporairement et au profit duquel l’employeur est tenu de conserver le poste de travail ;
• lorsqu’il s’agit pour l’organisme employeur d’effectuer des travaux périodiques à caractère discontinu ;
• lorsqu’un surcroît de travail, ou lorsque des motifs saisonniers le justifient ;
• lorsqu’il s’agit d’activités ou d’emplois à durée limitée ou qui sont par nature temporaires.
Dans l’ensemble de ces cas, le contrat de travail précisera la durée de la relation de travail ainsi que les motifs de la durée arrêtée.

A FTC can only be concluded in limited instances provided in art. 12 LRA (i.e temporary replacement of a worker, performance of casual tasks of a discontinuous nature, seasonal work or cases of a temporary increase on workload, performing work for a limited time of that is temporary in nature).

No limitation in the legislation.
However, for workers covered by the Collective Framework Agreement, the maximum cumulative duration of successive FTCs is 36 months.(art. 26 CFA)
___________________________
Pas de limites inscrites dans la LRA. Toutefois, l'article 26 de la Convention collective cadre du secteur économique privé (2006), dispose que "Le contrat de travail à durée déterminée ne peut avoir pour effet de pourvoir à un emploi lié à l'activité normale et permanente de l'entreprise. Il est conclu et renouvelé dans la limite d'une durée maximale de trente six (36) mois."

Fixed-term contracts can be concluded in limited situations:
- Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
- Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
- Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).

The maximum number of FTC depends on the reason for which the contract was concluded.
- If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
- There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

The maximum duration of a single FTC depends on the reason for which the contract was concluded.
- If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

Sec. 3, chap. 1 ECA: "justified reason".
Sec 3a, chap 1 ECA: A fixed term contract with a worker who has been unemployed for at least 1 year is possible without a “justified reasonu201d for a maximum duration of 1 year, with the possibility to renew the contract for 1 additional year.

Although there are no statutory limitations on the number of successive contracts, the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1 ECA).
New since 1 January 2011:
Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
"It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
"The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."

No statutory limitation on the maximum cumulative duration of successive FTCS. However the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1, ECA).
New since 1 January 2011:
Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
"It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
"The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.

Art. 23 LC as amended in 2010 by Order No. 018/PR/2010.
Fixed-term contract can only be renewed once

New in 2010: The former exception to this rules regarding "fixed-term contract of a short duration" which could be renewed more than once, provided the cumulative duration did not exceed 2 years, was removed from Art. 23 LC by Order No. 018/PR/2010.

Maximum duration of a FTC: 24 months renewable once (Art. 23 LC as amended in 2010 by Order No. 018/PR/2010).

FTCs are regulated by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER].

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).

The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).

Presidential Decree 81/2003, as amended by P.D. 180/2004.

See Article 669(2) of the Civil Code.
In addition, the renewal of a FTC is permitted without any limitation only if it is justified by an objective reason, in particular the nature or the form of the employer's or the company's activity, special grounds or needs which are specifically provided for in the employment contract (inter alia temporary replacement of a worker, performance of occasional work, temporary increase in workload, work provided in relation to education or training, performance of a specific project or programme, work linked to a specific event or in undertakings offering air transportation and airport services).(Art. 5 P.D. 81/2003, as amended by P.D. 180/2004).

NOTE: The basic principles governing PD 180/2004 are as follows:
- workers may be employed on fixed-term contracts to meet standing, permanent needs of the enterprise (Article 3);
- workers on fixed-term contracts must have completed 24 months of actual employment or three successive renewals of their initial fixed-term contract in order to be considered as having an open-ended contract (Article 3);
- for a fixed-term employment contract to be renewed, the time since expiry of the previous contract may not exceed three months in public utilities and services and 45 days in the rest of the private sector (Article 3);
- to be covered by the PD's provisions on conversion into open-ended contracts, the employment relationship of workers under fixed-term employment contracts must have been in effect on the date the PD was issued, or have expired within the three months preceding that date (Article 4).

PD 180/2004 lengthen the interval between two successive employment contracts from 30 working days, as provided for in PD 81/2003, to 45 days. The exemptions that prevented certain categories of workers from converting fixed-term contracts into contracts of indefinite duration have been abolished, except for special conditions relating to air transport companies, which have been retained. The previous precondition of objective reasons for renewal of fixed-term employment contracts has also been restricted substantially. Therefore in order to convert 'wrongful' successive fixed-term employment relationships into open-ended ones, such contracts must meet standing, permanent needs of the enterprise and fulfil the formal preconditions set by the PD, without there being a need for numerous objective reasons.
(Source : EuroFound https://www.eurofound.europa.eu/mt/publications/article/2004/new-regulations-on-fixed-term-contracts-in-private-sector)

Art. 5 P.D. 81/2003, as amended by P.D. 180/2004:
The unlimited renewal of FTC is permitted if it is justified by an objective reason (see above).
However, if within a two-year period, more than 3 successive contracts are concluded, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts (even where there are objective reasons for concluding a fixed-term contract)
The employer has the burden to prove otherwise.

2 years under P.D. 81/2003 as amended by P.D. 180/2004:
Art. 5 P.D. 81/2003, as amended by P.D. 180/2004 provides that the unlimited renewal of FTC is permitted if it is justified by an objective reason (see above). However, if the total duration of the successive contracts or employment relations exceeds two years, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts.

However: 3 years under Law No. 3986/2011
Under Law No. 3986/2011 (Urgent Measures for the Implementation of the Mid-term Financial Strategy Framework 2012-2015), if the duration of successive employment contracts exceeds three years in total, without being justified by specific reasons or needs provided by law, it is deemed that those contracts cover constant and permanent needs of the enterprise and consequently are of indefinite duration (art. 41).

The LC does not require any specific reason for resorting to a FTC for the first time. However, a fixed-term employment relationship may be extended, or another fixed-term employment relationship may be concluded within six months from the time of termination of the previous one only upon the employer's legitimate interests. The agreement may not infringe upon the employee's legitimate interest (LC, sec. 192(4)).

In the previous Labour Code sec. 79 (4) provided that a contract renewed without a valid reason ("rightful interest") on the part of the employer and aimed at compromising the interest of the employee shall be deemed established for an indefinite duration. This provision has been repealed in the new Labour Code.

The duration of a fixed-term employment relationship may not exceed five years, including the duration of an extended relationship and that of another fixed-term employment relationship concluded within six months of the termination of the previous fixed-term employment relationship.

Where an employment relationship is subject to official authorization, it may only be concluded for the duration specified in the authorization. If the authorization is extended, the duration of the new fixed-term employment relationship may exceed five years together with the duration of the previous employment relationship. (LC, sec. 192(2)(3))

Art. 59 (1) and (2) MA:
"(1) A work agreement for a specified time can only be made for a certain job, which, because of the type and nature of the job, will finish in a specified time, that is:
a. Work to be performed and completed at once or work which is temporary by nature;
b. Work whose completion is estimated time which is not too long and no longer than 3 (three) years;
c. Seasonal work; or
d. Work that is related to a new product, a new activity or an additional product that is still in the experimental stage or try-out phase.
(2) A work agreement for a specified time cannot be made for jobs that are permanent by nature."

Art. 59 (4) MA: one extension possible.

Art. 52 (4) MA: A fixed term contract can only be concluded for a period of no longer than two years and be
extended one time that is not longer than one year.

Sec 2(e) MSO reads as follows: a temporary workman is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.

No statutory limitation on the use of FTC in the LL.

No statutory limitation on the renewals of FTC in the LL.
However, the LL provides that: "If the work contract was for a limited period, then it shall be terminated by the expiry of its period, if the parties have continued to implement the work contract after its expiry, then this shall be considered as a renewal of the contract for unlimited period from the beginning of employment" (art. 15 C) LL).

No statutory limitation on the use of FTC in the LL.

However, Article 806 of the Jordanian Civil Code provides that:
"1. The contract of employment may be for a limited or unlimited period and for a specific work.
2. The duration of the contract may not exceed five years."

Art. 55 LC

Art. 55 LC

Article 34 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.

Article 34 of the Labour Code: the duration of a fixed-term contract cannot exceed 2 years and it may be renewed only once for the maximum duration of one year.

Article 16 (Term of Contract) LSA: "The term of a labor contract shall not exceed one year, except in cases where no term is fixed or a term is fixed as necessary for the completion of a project."

Art. 4 FTPTE, and art. 3 ED-PTPTE.
No limitation for the conclusion of 1 or more fixed-term contract provided that the total cumulative duration does not exceed 2 years.
However, as an exception, it is possible to conclude a fixed-term contract for more than 2 years, if there are objective and material reasons. These reasons are:
1) the period needed to complete a project or particular task is defined;
2) there is a need to fill a vacancy in case of a worker's temporary suspension from duty or dispatch until the worker returns to work;
3) the period needed for a worker to complete school work or vocational training is defined; or
4) a job requires professional knowledge and skills or is offered as part of the government's welfare or unemployment measures prescribed by a Presidential Decree
5) these is a rational reason prescribed by Decree.

No limitation within the 2-year-time frame: art. 4 (1) FTPTE

Art. 4 (1) FTPTE.

Article 30 of the Labour Code (as of 2017)

Article 29 of the Labour Code

Update as of 2017: Article 30 1(2) LC states that the number of defined 1-year contracts can no exceed two years. That means technically that the maximum number of successive FTCs is two.

However, Article 30 LC further elaborates on exceptions to Article 30 1.(2) :
Article 30 1. (3) Contracts for the execution of a particular work;
Article 30 1. (4) Replacement for the temporarily absent employee;
Article 30 1. (5) For seasonal work;
Article 30 1. (6) Migrant workers;
Article 30 2. Small business owners can hire workers on definite contracts with no time limitations;
Article 30 5. Contracts of workers in retirement age can can be extended for one year indefinitely.

See comments above under maximum number of successive FTCs.

•No limitations on the use of FTCs (reasons, duration, number of renewal). However, art. 62(3) LC regulates termination of FTCs upon expiry of the term and provides that "A contract for one period of fixed duration shall set forth its date of termination. Such a contract shall, subject to the provisions of section 66 concerning dismissal, automatically terminate on that date and no notice of termination shall be required of either party."
•In addition, art. 62(4) LC provides that "A contract to perform some specific work or to undertake a specified journey shall terminate upon the completion of the work or journey. No notice of termination shall be required of either party, but an employer who terminates such a contract before its completion shall pay the employee all wages and other remuneration that would have been owing to the employee if he or she had continued to work until the completion of the contract."
•In addition, the LC provides that the non-renewal of a fixed-term contract, or contract for a specific task or journey, will result in dismissal only if the contract provides for the possibility of renewal (sec. 68(6) LC).

•Art 3(2) of the Codes of Good practice (not binding) provides, however, that a fixed term contract will be deemed to be renewed by default if an employee continues to work after the period of the fixed term expires and the employer accepts the employee to work. The duration of a contract renewed by default will depend on the circumstances. It may be a contract for another fixed term or one terminable on notice. It will depend on the surrounding circumstances.
Furthermore subsection (3) provides that the failure to renew a fixed-term contract in circumstances where the employee reasonably expected continuity of employment, may constitute a dismissal.

No statutory restrictions on the use of FTC (art. 62 LC).

Art. L 122-1 LC.

Art. L 122-5 LC: a fixed-term contract can be renewed twice within the time-limit of 24 months. However, this limitation is not applicable to FTC concluded with specific categories of workers (university teachers/researchers, artists, athletes, coaches,...).

In addition, the Act of 7 December 2016 has amended the Labour Code by adding a new subsection 4 to section L.122-5, which provides that fixed-term contracts concluded for temporary show business workers may be renewed more than twice.
______________________________
Art. L. 122-4 du Code du travail:
(1) A l'exception du contrat à caractère saisonnier, la durée du contrat conclu pour une durée déterminée sur la base de l'article L. 122-1 ne peut, pour un même salarié, excéder vingt-quatre mois, renouvellements compris.
Art. L. 122-5 du Code du travail:
(1) Le contrat conclu pour une durée déterminée peut être renouvelé deux fois pour une durée déterminée (...)

- Amendement introduit par la Loi du 7 décembre 2016: u00ab(4) Par dérogation aux dispositions du présent article [Art. L. 122-5], peuvent être renouvelés plus de deux fois, les contrats de travail à durée déterminée conclus par les intermittents du spectacle, tels que définis à l'article 3 de la loi du 19 décembre 2014 relative 1. aux mesures sociales au bénéfice des artistes professionnels indépendants et des intermittents du spectacle 2. à la promotion de la création artistique.u00bb

General rule: 24 months: art. L 122-4 (1) LC
Exceptions: In limited situations can be up to 60 months: art. L 122-2 (4) LC.
In addition, the Act of 7 December 2016 has amended the Labour Code by adding a new subsection 4 to section L.122-5, which provides that fixed-term contracts concluded for temporary show business workers may be renewed more than twice.
______________
Art. L. 122-4 du Code du travail:
(1) A l'exception du contrat à caractère saisonnier, la durée du contrat conclu pour une durée déterminée sur la base de l'article L. 122-1 ne peut, pour un même salarié, excéder vingt-quatre mois, renouvellements compris.
(...)
(3) Le ministre ayant le Travail dans ses attributions peut exceptionnellement autoriser le relèvement de la période maximale visée au paragraphe (1) dans l'intérêt de salariés exerçant des activités dont le contenu requiert des connaissances hautement spécialisées et une expérience professionnelle confirmée dans la spécialisation ainsi que pour les emplois visés à l'article L. 122-1, paragraphe (2) sous 7, 8 et 9.
(4) Par dérogation au paragraphe (1) qui précède, peuvent avoir une durée totale maximale de soixante mois, renouvellements compris, les contrats conclus conformément à l'article L. 122-1, paragraphe (3) sous 1, 3 et 4. (...)

- Amendement introduit par la Loi du 7 décembre 2016: u00ab(4) Par dérogation aux dispositions du présent article [Art. L. 122-5], peuvent être renouvelés plus de deux fois, les contrats de travail à durée déterminée conclus par les intermittents du spectacle, tels que définis à l'article 3 de la loi du 19 décembre 2014 relative 1. aux mesures sociales au bénéfice des artistes professionnels indépendants et des intermittents du spectacle 2. à la promotion de la création artistique.u00bb

Art. 16 LC

Exceptions however are provided in Art. 17 LC: When starting-up an enterprise or launching a new product for the first-time in non-agricultural sectors, fixed-term contracts can be concluded for a maximum of 12 months, renewable once.

Art. 17 LC
When opening a business for the first time or a new establishment within the company, or when launching a new product for the first time, in sectors other than agriculture, FTCs can be concluded for a maximum period of one year renewable only once. After this period, the contract becomes in any case for an indefinite period of time.

Art. 8 LC

Art. 8 (4) LC.

Art. 8 (5) LC: Any FTC concluded for at least 6 months will automatically transform into a contract of indefinite duration after 2 renewals.

Art. 8 (3) LC.

No reasons specified in the LC.
However, according to art. 28 (3) LC, fixed-term contracts used to fill in on a lasting basis positions connected with the normal and permanent activity of an undertaking shall be deemed concluded for an unspecified period of time.

No statutory limitation found in the legislation reviewed.

No statutory limitation found in the legislation reviewed.

Sec. 128(C) LA, as amended by the 2012 Amendment Act does not provide a list of valid reasons for fixed-term contracts, but does establish a legal presumption that an employee is employed indefinitely, unless the employer can establish a justification for employment on a fixed term.

Rules on the use of FTCs are included in Articles 47 and 58-63 LC.

No list of specific reason for resorting to fixed-term contract. However, the use of FTC to fill in, on a lasting basis, positions connected with the normal and permanent activity of an undertaking is prohibited and such contracts would be deemed concluded for a indefinite period. (see art. 58 and 63 LC).

Art. 61 LC regulates FTCs concluded for an unspecified duration: these are permitted if they are concluded for the replacement of a temporarily absent worker, for the length of a season, for an occasional increase in workload or for work that does not form part of the customary activities of the enterprise.

Art. 60 LC does not refer to an unlimited number of renewals and limits to two the maximum number of successive FTCs in providing that "fixed-term contract with a specified duration can be concluded for a maximum period of 2 years, renewable once".

Contracts of a limited duration but with an unspecified term (seasonal work, temporary replacement of a worker, temporary increase volume of work) can however be renewed without any limitation (art. 62 LC).

Before 2012, under the former LC, Article 53 provided that FTCs (with a specified duration) could be renewed without any limitation provided that the total duration of the fixed-term employment relationship did not exceed the maximum duration of 2 years.

Art. 60 LC provides for a maximum cumulative duration of 2 years, renewable once (= in total 48 months).
However, Art. 61 LC provides that the maximum cumulative duration does not apply to contracts concluded a limited but unspecified duration (seasonal work, temporary replacement of a worker, temporary increase volume of work).

In the Netherlands, as part of anti crisis measures, a new Act, which came into force in July 2010, temporarily extended the possibility to conclude fixed-term contracts with young workers up to 27 years The Act allowed for concluding a total of four, rather than three successive fixed-term employment contracts with regard to this group and for maximum duration of four years rather than three. The Act expired in January 2012. As a result, those specific rules for young workers are no longer applicable.

Art. 7:668, Art. 7:668a and Art. 7:667 CC.

Maximum 3 successive contracts concluded at intervals of less than 6 months: Art. 7:668a(1)(b) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

For persons, who have reached the legal retirement age, up to 6 consecutive FTCs are permissible.

This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.

Applicable to successive contracts concluded at intervals of less than 6 months: Art. 7:668a 1) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

For persons, who have reached the legal retirement age, up to 48 months of consecutive FTCs are permissible.

This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.

Art. 14-9 (1) WEA states the following:
An employee shall be appointed permanently. Temporary employment may nevertheless be agreed upon:
a) when the work is of a temporary nature
b) for work as a temporary replacement for another person or persons,
c) for work as a trainee,
d) for participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service,
e) for athletes, coaches, referees and other leaders within organised sports"
f) for a maximum period of twelve months. Such agreements may apply to a maximum of 15 per cent of the employees of the undertaking, rounded off upwards, but temporary appointment may be agreed upon with at least one employee.

According to Art. 14-9 (f) WEA, employees can be employed under fixed-term contracts with a duration of up to 12 months without providing a valid reason, if it is ensured that not more than 15 % of the total number of employees in the enterprise (or not more than 1 employee in enterprises with less than 14 employees) are covered by such FTCs. In case a FTC expires and is not renewed, the employer is however prohibited to employ a different employee under a FTC for the same position during the following 12 months.

Furthermore, Art. 14-9 (a)-(e) WEA contains a list of valid reasons for which the use of fixed term contracts is also permitted: These allow FTCs if the work is of a temporary nature or if the contract is concluded for the temporary replacement of another employee, with a trainee, with participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service or with athletes, trainers, referees and other leaders within organised sports.

Art 14-9 (7) WEA reads as follows:
"(7) Employees who have been temporarily employed for more than four consecutive years pursuant to the second paragraph (a) or for more than three years pursuant to the second paragraph (b) and (f) shall be deemed to be permanently employed so that the provisions concerning termination of employment relationships shall apply. The same applies to employees who have been continuously employed in a temporary post for more than three years pursuant to the second paragraph (a), (b) or (f) or a combination of two or more of the conditions stated respectively in (a), (b) and (f). When calculating the length of consecutive employment, deductions shall not be made for the employee's absence." (this is applicable not merely to absence on grounds of sickness or injury, but also to forms of leave.)

See sec. 66 ERA on fixed-term employment:
- According to 66 ERA, an employee and an employer may agree that the employment of the employee will end:
(a) at the close of a specified date or period; or
(b) on the occurrence of a specified event; or
(c) at the conclusion of a specified project.
However, according to the ERA, the employer must have genuine reasons based on reasonable grounds for resorting to fixed-term employment and must advise the employee of when or how his or her employment will end and provide the reasons justifying it.
- Sec. 66(3) ERA provides that the following reasons are not genuine reasons:
(a) to exclude or limit the rights of the employee under the ERA
(b) to establish the suitability of the employee for permanent employment:
(c) to exclude or limit the rights of an employee under the Holidays Act 2003.

No statutory limitations. However, the employer must have genuine reasons based on reasonable grounds for resorting to fixed-term (art. 66(2)a) ERA).

No statutory limitations. However, the employer must have genuine reasons based on reasonable grounds for resorting to fixed-term (art. 66(2)a) ERA).

Arts 53-71 LPCL list the valid reasons for the use of FTCs (referred to as "contracts subject to special conditions") which fall within 3 categories:
1) Temporary reasons (art. 54 LPCL):
* commencement or launching of a new activity (max. duration of FTC: 3 years)
* increase in market demand (max. duration of FTC: 5 years)
* restructuring of the enterprise in response to the replacement, modification, extension or, in general, any technological change (max. duration of FTC: 2 years)
2) Incidental reasons (art. 55, LPCL):
* transitory needs different from the normal activity (max. duration: 6 months in one year),
* replacement of a worker (max. 5 years)
* emergency contract to cover needs arising from an unforeseen event or force majeure (duration of emergency and max. 5 years)
3) Specific piece of work or service (sec. 56, LPCL):
* performance of a specific piece of work or service (max. 5 years)
* intermittent service contract (max. 5 years)
* seasonal contracts (max. 5 years)
Renewals are allowed within the maximum duration specified above for each contract. A combination of different contracts subject to special conditions is possible provided however that the total cumulative duration does not exceed 5 years (art. 74 LPCL).

No limitation on the number of FTC, as long as the duration of the employment relationship does not exceed 5 years (art. 74 LPCL).

Arts 53-71 LPCL list the valid reasons for the use of FTCs (referred to as "contracts subject to special conditions") which fall within 3 categories:
1) Temporary reasons (art. 54 LPCL):
* commencement or launching of a new activity (max. duration of FTC: 3 years)
* increase in market demand (max. duration of FTC: 5 years)
* restructuring of the enterprise in response to the replacement, modification, extension or, in general, any technological change (max. duration of FTC: 2 years)
2) Incidental reasons (art. 55, LPCL):
* transitory needs different from the normal activity (max. duration: 6 months in one year),
* replacement of a worker (max. 5 years)
* emergency contract to cover needs arising from an unforeseen event or force majeure (duration of emergency and max. 5 years)
3) Specific piece of work or service (sec. 56, LPCL):
* performance of a specific piece of work or service (max. 5 years)
* intermittent service contract (max. 5 years)
* seasonal contracts (max. 5 years)
Renewals are allowed within the maximum duration specified above for each contract. A combination of different contracts subject to special conditions is possible provided however that the total cumulative duration does not exceed 5 years (art. 74 LPCL).

Article 59 of the Labour Code lists the cases where the use of fixed-term contracts are authorised

Article 58 of the Labour Code

Article 58 of the Labour Code

Art. 11 LL provides that an employment contract can be for a fixed term or indefinite.

The LC does not require any valid reason for the use of FTC.

No statutory limitation on the maximum duration of successive FTCs.

Termination of contract
Art. 9 EA.u2014(1) A contract of service for a specified piece of work or for a specified period of time shall, unless otherwise terminated inaccordance with the provisions of this Part, terminate when the work specified in the contract is completed or the period of time for which the contract was made has expired.
(2) A contract of service for an unspecified period of time shall be deemed to run until terminated by either party in accordance with the provisions of this Part.

No statutory limitation in the legislation reviewed.

No statutory limitation in the legislation reviewed.

No list of specific reasons for resorting to fixed-term contract (art. L41 LC).
However, the use of a FTC to fill in, on a lasting basis, positions connected with the normal and permanent activity of an undertaking is prohibited and such contract would be deemed concluded for a indefinite period (see art. L45 LC).

Art. L 42 (1) LC.
However, art. L42 and L43 LC establish exceptions to this rule for some categories of workers (agricultural workers, dockers, some seasonal workers) which are governed by specific regulations, and for some temporary activities.
In addition FTCs concluded for the execution of a specified piece of work are not renewable (Art. L44 LC).

Art. L42 LC. No worker may conclude more than two FTCs with the same employer or renew a FTC more than once.
Art. L44 (2) LC. An FTC cannot be concluded for more than two years.
This limitation does not apply to FTCs concluded for the execution of a specified piece of work; such contracts are however not renewable.

See art. 118 LPA, art. 581 CCC and art. 17 and 17/1 LPA, as amended by LPA- No.2 of 2008 and LPA-No.7 of 2019.
Art. 17/1 LPA deals with termination without prior notice.

Fixed term contracts are defined in art. 118 LPA in connection with the right to severance pay which does not apply to employees with a fixed-term contract.
Pursuant to the same provision fixed term employment under is allowed for employment in specific projects which do not fall within not the normal activities of the employer's business or trade, and which required a definite to start and end the work, or for occasional work or for seasonal work. Such work must be completed within a period of not more than two years, and the employer shall enter into a written contract with the employee upon commencement of employment.

No limitation on the maximun number of FTCs.
According to art. 581 of the CCC, "if after the end of the agreed period the employee continues to render services and the employer knowing thereof does not object, the parties are presumed to have made a new contract on the same terms, but either party can terminate the contract by giving notice."

See art 118 LPA: Fixed term work must be completed within a period of not more than two years.

Art. 18 LC

Art. 18 LC

Art. 6-4(1) LC: FTCs can be concluded in the following instances:
- undertaking new work;
- extraordinary increase of workload;
- temporary replacement of a permanent worker who is absent for work or whose contract has been suspended;
- implementing urgent safety measures;
- carrying out seasonal work or other similar activities.
However, art. 6-4(2) LC states that FTCs can be concluded in situations other than the ones above-listed, upon agreement between the parties, provided the maximum duration does not exceed 4 years (including renewals).
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L'article 6-4 du Code du travail dispose que le contrat de travail à durée déterminée peut être conclu dans les cas suivants :
- l'accomplissement de travaux de premier établissement ou de travaux neufs ;
- l'accomplissement de travaux nécessités par un surcroît extraordinaire de travail ;
- le remplacement provisoire d'un travailleur permanent absent ou dont le contrat de travail est suspendu ;
- l'accomplissement de travaux urgents pour prévenir des accidents imminents, effectuer des opérations de sauvetage ou pour réparer des défectuosités dans le matériel, les équipements ou les bâtiments de l'entreprise ;
- l'exécution de travaux saisonniers ou d'autres activités pour lesquelles ne peut être fait recours, selon l'usage ou de par leur nature, au contrat à durée indéterminée.

Toutefois, le paragraphe 2 ajoute que "le contrat de travail à durée déterminée peut également être conclu, dans des cas autres que ceux indiqués au paragraphe précédent, sur accord entre l'employeur et le travailleur et à condition que la durée de ce contrat n'excède pas quatre ans y compris ses renouvellements."

- Art. 6-4(1) LC: FTCs concluded for valid reasons: no limitation on the number of renewals and on the maximum duration set out by the law.
Art. 6-4(2) LC: FTCs concluded in other cases, upon agreement of the parties: no limitation on the number of renewals provided that the maximum cumulative duration of successive FTCs does not exceed 4 years.

- Art. 6-4(1) LC: FTCs concluded for valid reasons: no limitation regarding the maximum duration set out by the law.
Art. 6-4(2) LC: FTCs concluded in other cases, upon agreement of the parties: the maximum cumulative duration of successive FTCs shall not exceed 4 years.

Art. 11 LA: A fixed-term contract shall be based on objective conditions like the completion of a certain work or the materialization of a certain event.
An employment contract for a definite period must not be concluded more than once, except when there is an essential reason which may necessitate repeated (chain) contracts. Otherwise, the employment contract is deemed to have been made for an indefinite period from the very beginning. Chain contracts based on essential reasons shall maintain their status as contracts made for a definite period.

No limitation provided that there is an essential reason for each renewal (art. 11 LA).

No limitation provided that there is an essential reason for each renewal (art. 11 LA).

Under the Code of Good Practice of 2007, the failure to renew a fixed-term contract where the worker reasonably expects a renewal of the contract may be considered an unfair termination. However, in order to succeed in a claim of reasonable expectation of renewal, the employee must demonstrate that there is an objective basis for the expectation, such as previous renewals or the employer's undertaking to renew. (Rule 4, paras. (4) and (5))

Article 14(b) ELRA provides for the possibility to conclude "a contract for a specified period of time for professionals and managerial cadre".

The Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA. Art. 11 of the Regulations provides that a contract for a specified period referred to under section 14(1)(b) of ELRA shall not be for a period of less than twelve months.

No provision in the legislation reviewed.

No provision in the legislation reviewed.

No provision in the legislation reviewed.

Art. 76 LC provides that fixed-term contracts may be concluded:
- in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work, the conditions for its implementation or the interests of the employee;
- with the director, his/her deputies, or a chief accountant, and in the absence of the company's chief accountant - with the employee performing the functions of the chief accountant;
- in other cases as stipulated by law.

Art. 75 LC provides that the employment contract may be concluded:
- for an indefinite period;
- for a specified period not exceeding five years;
- for the duration of a specific job.
If an employment contract does not stipulate the validity period, it is presumed that the contract is concluded for an indefinite period. (Art. 75 LC)

A contract is deemed to be of indeterminate duration if the parties do not explicitly state the desire to be bound by an employment relationship solely for a specified task or for a specified period. A contract is presumed to be for an undetermined period of time, therefore, FTC are considered exceptional and its regulatory provisions must be restrictively interpreted (art. 61 et seq., OLL).

Art. 64 OLL provides that FTCs can only be concluded a) if so required by the nature of the service; b) for a temporary and lawful replacement of a worker; c) contracts concluded with Venezuelan nationals for the performance of services abroad d) when the task for which the employee was contracted has not been completed.
If an FTC is done under other circumstances, it will be considered null.

Art. 62OLL: In the event of two renewals, the contract is considered to be of indeterminate duration, except if there are special reasons that justify such extension and exclude any intention to continue the relationship.

Art. 62: In a FTC, workers cannot be bounded for more than one year.
However, if the contract is concluded for a specified task, it will last for the time required for execution of the work and will end with the conclusion of the work. (Art. 63)

No statutory limitation.

No maximum number specified in the legislation. However, under the LRA an employer who fails to renew a fixed-term contract, when a 'reasonable expectation' that it will be renewed is held by the employee, is deemed to have dismissed the employee.

No statutory limitation.

Fixed-term contract is, according to Section 3 EA, as amended by section 2(a) of 2015 Amendment, a contract of service for:

a) a period exceeding twelve months, renewable for a further term, subject to section twenty-eight C; or
b) the performance of a specific task or project to be undertaken over a specified period of time; and whose termination is fixed in advance by both parties.

Employment Act (Amendment) No 15 of 2015 introduced sections 28A, 28B and 28C to the principal Act, regulating short term and fixed term contracts. A fixed-term contract is, according to Section 3 EA, as amended by section 2(a) of 2015 Amendment, a contract of service for:

a) a period exceeding twelve months, renewable for a further term, subject to section twenty-eight C; or
b) the performance of a specific task or project to be undertaken over a specified period of time; and whose termination is fixed in advance by both parties.

Note that there is a thin difference between the categories of “casual employeeu201d, “short-termu201d worker and “fixed-term contractu201d: Where a casual employee continues to be employed after the expiration of 6 months temporal limit, the employee ceases to be a casual employee and the contract is deemed to be a short-term contract (section 28A EA, added by 2015 Amendment). If an employee is engaged on a short-term contract and continues to be employed on expiry of this contract (in excess of 12 months), the contract is deemed to be a fixed term contract (section 28B EA, added by 2015 Amendment). On the expiry of cumulative period of fixed term contract, the contract of service is deemed to be a permanent contract (Section 28C EA, added by 2015 Amendment).

A causal employee (Art. 3EA as amended in 2015):
- is not permanent in nature;
- does not require any skill in the performance of the work to be done
- terms provide for payment at an hourly rate, payable at the end of each day,
And excludes, according to the new section 12(A)(1): (i) work under a consultancy agreement (ii) piece work (iii) seasonal work (iv) temporary employment (v) part term employment and (vi) flexibilization. Note that the provisions relating to casualisation do not apply to Micro and Small Business enterprise except if the undertaking shall comply with the MWCEA with respect to its employee (Section 3 of the Employment (Amendment) Act of 2015, adding Section 12A to EA)

On the other hand, a “short termu201d contract is defined in the 2015 amendment as: contract of service of six months but not exceeding twelve months.

There is not a maximum number of successive FTCs, however the 2015 Amendment, section 28C (1) refers to a cumulative temporal maximum: FTC may be renewed for subsequent terms, except that the cumulative duration of the successive fixed-term contracts of employment with an employer shall be as prescribed.

Note sec. 19 EA which relates to the renewal of an oral contract not exceeding 1 month:
"Each party to an oral contract for a period not exceeding one month shall, on the termination of such contract, be conclusively presumed to have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless-
(a) notice to terminate the employment under section twenty has been given by either party and the period of notice has expired; or
(b) the contract has been terminated by payment in lieu of notice; or
(c) the contract has been summarily terminated by either party for lawful cause; or
(d) the contract has been otherwise lawfully terminated under the provisions of this Act:
Provided that nothing in this section shall apply to-
(i) contracts expressed to be terminable without notice or to which this section does not apply;
(ii) contracts specifically expressed to be for one period of fixed duration and not to be renewable;
(iii) daily contracts where the wages are paid daily."

No statutory provision regulating renewals of written contracts.