Références
Catégories de travailleurs exclues:
CDD reglementés: Oui
•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.
Motifs autorisés de recours au CDD: aucune limitation
No statutory restrictions on the use of FTC (art. 62 LC).
Nombre maximum de CDD successifs: aucune limitation
Durée cumulée maximum de CDD successifs: aucune limitation
Durée maximale de la période d'essai (en mois): 4 mois
•Art. 75 LC
General rule: probationary period cannot exceed 4 months during which the employee may be dismissed with one week's notice. However, it may be extended beyond 4 months only with the leave in writing of the Labour Commissioner.
•Art. 8(3) of the Codes of Good Practice (not binding) provides that the probationary period should be of a reasonable length, usually three and sometimes up to four months, having regard to factors such as the nature of the job, the standards required, etc. The period may be extended by agreement.
The Labour Commissioner may grant extension of the probationary period if:
(a) If the Commissioner is satisfied that the nature of the job requires a longer period of assessment to determine the suitability of the employee on probation;
(b) If it is the custom and practice in the industry that a longer period of probation is required for the job;
(c) If the Commissioner is satisfied that the employer requires a longer period of probation in order to assess the employee (Art. 8(7)).
Motifs autorisés (licenciement justifié):
Motifs prohibés:
Travailleurs bénéficiant d'une protection particulière: