CDD reglementés: Oui

Remarks

Article 25, para. 1, LC provides that a contract of employment shall be concluded for a trial period, for an indefinite term, or for a fixed term.

Motifs autorisés de recours au CDD: raisons matérielles et objectives

Remarks

Not clearly established in the Labour Code.
Art. 29, para. 1-1, LC provides that “If the fixed-term employment contract is concluded for one of the reasons referred to in Art. 25-1, para. 4 (1–3), or in case referred to in Art. 25-1, para. 4 (4), the employment contract shall determine this reason or circumstance of the case by providing information about objective grounds justifying the conclusion of such contract."
Hence, objective grounds justifying the conclusion of FTC must be provided in the contract if the following types of contracts have been concluded:
1) for the replacement of the temporary absent employee;
2) in order to perform casual or seasonal work;
3) in order to replace a worker during the term of office;
4) if the employer indicates the objective reasons on his part for using a fixed-term employment.

Nombre maximum de CDD successifs: 3

Remarks

Maximum cumulative duration of FTCs is 33 months and maximum number of successive FTCs is 3 (Article 25-1, para. 1, LC).
If the FTC is concluded contrary to this provision it shall be transformed into an employment contract of an indefinite duration- from the moment of the conclusion of a fourth fixed term contract or following the period longer than 33 months (25-1, para. 3, LC).
Art. 25-1, para. 4, LC provides that the provision of Art. 25-1, para. 1, LC shall not apply to fixed-term contracts of employment concluded:
1) for the replacement of the temporary absent employee;
2) in order to perform casual or seasonal work;
3) in order to replace a worker during the term of office;
4) if the employer indicates the objective reasons on his part for using a fixed-term employment
-- if the FTCs were concluded in order to cover a genuine temporary demand and were necessary in this regard in light of all the circumstances of the conclusion of the contract.

Durée cumulée maximum de CDD successifs: 33mois

Remarks

Art. 25-1, para. 1, LC

% de travailleurs sous CDD: 19.5

Remarks

Source: Eurostat, for the year 2018.
The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-64 years.
Eurostat data are based on the following definition:
"A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Durée maximale de la période d'essai (en mois): 3 mois

Remarks

Art. 25 para. 2 LC: An employment contract for a trial period shall be concluded for a period of no longer than three months in order to check the employee’s qualifications and the possibility of his employment to carry out a specific type of work.
Art. 25 para. 3 LC: Renewing the employment contract for a trial period with the same employee is possible:
1) if the employee is to be employed to perform a different type work;
2) after at least 3 years from the date of termination or expiration of the previous employment contract if the employee is to be employed for the purpose of performing the same type of work; in such case, the renewal of the employment contract for a trial period is possible only once.

Obligation d'informer le travailleur des raisons du licenciement: Oui

Remarks

The dismissal decision is to be delivered in writing (Art.30, para.3 LC)
If the employer wishes to terminate a contract of employment for indefinite period of time, or in the case of termination without a notice, the employer must specify the reasons for termination (Art. 30, para. 4 LC).
Art. 30, para. 5 LC states that a declaration of the employer on the termination of a contract of employment, or its termination without notice shall contain instruction about the employee's right to appeal before the labour court.

Motifs autorisés (licenciement justifié): motifs économiques, conduite du travailleur, capacité du travailleur

Remarks

Art. 52. of the Labour Code
§ 1. An employer may terminate an employment contract without notice in case when an employee is at fault:
1) in the event of a serious breach by the employee of the employee's basic duties,
2) if the employee commits a crime, while under the employment contract, which prevents the further employment of the employee in the occupied job position, if the crime is obvious or has been declared by in a final judgment,
3) if the employee, through his/hers fault, loses a licence required to perform work in the occupied job position.
§ 2. An employment contract cannot be terminated without notice through the fault of the employee more than 1 month after the employer obtains information about the circumstances justifying the termination of the employment contract.
§ 3. The employer decides on the termination of the employment contract after consultation with a workplace trade union organisation representing the employee, which must be informed about the grounds justifying the termination of the contract. If the workplace trade union organisation has objections concerning the correctness of the termination of the employment contract, it must express its opinion immediately, and not later than 3 days.

Art. 53. of the Labour Code
§ 1. An employer may terminate an employment contract without notice:
1) if an employee is unable to work as a result of an illness:
a) for more than 3 months - if the employee has been employed with a given employer for less than 6 months,
b) for longer than the total period of receiving welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease,
2) if an employee has any justifiable absence from work for reasons other than those specified in point 1, lasting for more than 1 month.
§ 2. An employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child - while receiving allowance on this account, or if the employee is in isolation due to a contagious disease - while receiving welfare and sickness benefits on this account.
§ 3. An employment contract cannot be terminated without notice after the employee has returned to work after the reason for an absence ceases to exist.
§ 4. The provisions of Article 36 § 11 and of Article 52 § 3 apply accordingly.
§ 5. An employer should, as far as possible, reinstate an employee who within 6 months of the termination of the employment contract without notice reports to return to work immediately after the reasons for an absence referred to in § 1 and 2 cease to exist.

Motifs prohibés: grossesse, congé de matérnité, responsabilités familiales, maladie ou accident professionel temporaire, race, sexe, orientation sexuelle, religion, opinion politique, nationalité/origine nationale, âge, affiliation et activités syndicales, handicap, origine ethnique

Remarks

Article 177 LC
Para. 1: The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the workplace trade union organisation representing the employee has consented to the termination.
Para. 2: The provision of para. 1 does not apply to a female employee during the course of the contract for a trial period no longer than 1 month.

Articles 18.3a and 18.3b on Equal Treatment in Employment
Equal Treatment in Employment
Article 18.3a.
Para. 1. Employees shall receive equal treatment with regard to establishment and termination of employment relationships, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications, in particular irrespective of sex, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, belief, sexual orientation, employment for a definite or indefinite period of time, on a full or part-time basis.
Para. 2. Equal treatment in employment means no direct or indirect discrimination whatsoever on any of the grounds referred to in para. 1.
Para.3. Direct discrimination shall be taken to occur where an employee is treated, has been treated or could be treated less favourably than other employees in a comparable situation, on one or several of the grounds referred to in §1.
Para. 4. Indirect discrimination exists where, due to an apparently neutral provision, criterion or practice, there occur or there could occur some unfavourable disproportions or a particularly unfavourable situation with respect to the establishment and termination of the employment relationship, terms and conditions of employment, promotion and access to vocational training in order to improve one’s professional qualifications concerning all or a considerable number of employees that belong to a group distinguished by one or many of the characteristics enumerated in para. 1 at a disadvantage, unless this provision, criterion or practice is objectively justified by a legitimate goal to be achieved, and the means of achieving that aim are appropriate and necessary.
Para. 5. Discrimination in the meaning of para. 2 shall also include:
1) encouraging another person to violate the principle of equal treatment in employment or ordering him/her to violate this principle;
2) undesired behaviour, the aim or the result of which is the violation of dignity of an employee and the creation of an intimidating, hostile, degrading, humiliating or offensive environment (harassment).
Para. 6. Sex discrimination shall also include any undesired sexual behaviour or any behaviour related to employee’s sex aimed at or resulting in violation of dignity of an employee; in particular the creation of an intimidating, hostile, degrading, humiliating or offensive environment; such behaviour may be manifested by physical, verbal or non-verbal elements (sexual harassment)
Para. 7. The employee's submission to harassment or sexual harassment, as well as the actions taken to oppose the harassment or sexual harassment shall not cause any negative consequences for the employee.

Article 18.3b
Para. 1. Subject to paras. 2-4, the differentiation of the employee’s situation by the employer on one or several of the grounds referred to in Article 18.3a §1 is also deemed a violation of the principle of equal treatment in employment, if it results in particular in:
1) the refusal of an establishment or termination of an employment relationship,
2) unfavourable terms of remuneration or other terms and conditions of employment, or omission during the selection for promotion or other employment benefits,
3) omission during the selection for participation in vocational training raising professional qualifications,- unless the employer proves that the grounds for these actions were objective.

Para. 2. None of the following actions, proportionate to the legitimate aim related to differentiation of the situation of an employee, shall be considered as a breach of the principle of equal treatment in employment:
1) non-employment of an employee due to one or several reasons provided for in Article 18.3a §1, if justified due to the type of work and the conditions of performance thereof or the genuine and decisive professional requirements to be satisfied by the employees
2) termination of the employee’s terms and conditions of employment relating to the working time, if justified by reasons not related to the employee,
3) application of measures differentiating the employee’s legal situation due to the requirement of protection of parenthood or a disability,
4) taking into account the seniority criterion while setting the conditions for recruitment of employees or for making them redundant, regulating remuneration and promotion conditions and access to vocational training, which justifies a differential treatment on grounds of age.
Article 18.3b does not infringe the principle of equal treatment in employment any action undertaken during limited time having for the objective the equalization of opportunities for all or only a considerable number of employees belonging to the group formed on the basis of one or more grounds listed in Article 18.3a §1, through decreasing of factual inequalities in favour of such employees, within the scope determined in this provision.
Para. 4. Restricting the access to employment due to religion, religious convictions or belief shall not be considered as breach of the principle of equal treatment in employment if in relation to the type and character of activities conducted within the scope of churches or other religious societies as well as organizations the objective of which is directly related to religion or denomination, the employee’s religion or denomination constitutes a material, reasonable and justified professional qualification, proportionate to achieving the legitimate aim of diversifying the situation of that person; this also applies to requiring the employees to act in good faith and loyalty to the ethics of the church other religious associations and organizations with an ethos based on religion, creed or belief.

Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité, travailleurs avec des responsabilités familiales, travailleurs avec une invalidité confirmée, travailleurs seniors/à la veille de la retraite

Remarks

Article 177, para 1, LC:
The employer shall not give notice of termination or terminate an employment contract with a female employee during her pregnancy or maternity leave, unless there are reasons justifying the termination of the contract without notice due to her fault, and the establishment's trade union body representing the employee has consented to the termination.
Para. 2:The provision of § 1 is not applicable for the employee during the trial period of a maximum duration of one month.
Para. 3: Fixed term employment contract or a contract for a trial period longer than one month which would be terminated after the third month of pregnancy, shall be extended until the day of childbirth. The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work.
Para 3.1: The provision of § 3 is not applicable to fixed term employment contract concluded for the purpose of replacing the employee during his or her justified absence from work..
Para. 4: The notice of termination of the employment contract with a female employee during her pregnancy or maternity leave is possible only in the case of declaration of bankruptcy or liquidation of the employer. The employer is obliged to agree on the date of termination of the employment contract with the workplace trade union organisation representing the employee. If it is impossible to guarantee another employment during this period, the female employee is entitled to other benefits determined in separate provisions. The period of receiving these benefits is included in the period of employment determining employee’s entitlements.
Para. 5:The provisions of paras. 1, 2 and 4 shall apply accordingly to an employee-father raising a child or an employee- other member of immediate family, during the period of maternity leave.

Article 39 LC provides that the employer may not terminate an employment contract to a worker who lacks no more than four years to reach retirement age, if the period of employment enables him to obtain the right to a pension from that age.
However this article does not apply it the worker becomes eligible for a disability pension because of the total incapacity to work. (Art. 40 LC).

Article 41 LC provides that the employer shall not terminate a contract of employment during employee's leave, as well as during other justified absence from work of the employee, if the period authorising to terminate the contract of employment without notice is not over yet.

However, according to the Article 41.1, para. 1, in case of declaration of the bankruptcy or liquidation of the employer, the provisions of Article 38, 39 and 41 or the specific provisions protecting employees against termination of a contract of employment shall not apply. (Art. 38 is on the notification to trade union body- look bellow)

Article 186.8, para. 1. The employer shall not terminate or dissolve the contract of employment in the period from the date of the employee's application for:
1) a leave to raise a child - until the day of termination of that leave;
2)Reduction of the working time - until the day of return to the unreduced working time, but no longer than for a total period of 12 months;
Para. 2. In cases referred to in para. 1, the termination of the contract of employment by the employer shall only be allowed in the event of the declaration of the bankruptcy or liquidation of the employer, and where there are grounds justifying termination of the contract of employment without notice due to employee's fault.

Article 186.1, para. 2, provides that if the employee applies for a leave to raise a child after committing an act leading to termination of the contract of employment the contract shall terminate within the period specified by that act.
Para. 3. If the application referred to in §1 is issued by an employee earlier than 21 days before the beginning of the leave to raise a child or of the reduced working time, the prohibition referred to in § 1 shall start to apply 21 days before the beginning of the leave to raise a child or of the reduced working time
Para. 4. If the application referred to in §1 is issued by an employee after the action aimed at termination of the employment contract, the contract shall terminate with the date resulting from this action.