Los contratos de duración determinada suelen ofrecer un nivel de protección menor a los trabajadores en caso de terminación de la relación de trabajo que los contratos de duración indeterminada. Ello se debe a que, por lo general, el empleador no suele tener que proporcionar una justificación para dar por terminada la relación de trabajo, ya que el contrato de duración determinada incluye una fecha de finalización de la misma. En la mayoría de los casos, no se paga indemnización. El Convenio núm. 158 especifica que los Estados Miembros pueden excluir a los trabajadores “con un contrato de trabajo de duración determinada o para realizar determinada tarea” de la totalidad o de algunas de las disposiciones del Convenio, aunque también establece que se deberán prever “garantías adecuadas” contra el recurso a contratos de trabajo de duración determinada para asegurar que no tienen por objeto eludir la protección que prevé el Convenio. La Recomendación sobre la terminación de la relación de trabajo, 1982 (núm. 166) proporciona orientaciones sobre garantías adecuadas que pueden aplicarse.
La Recomendación núm. 166, señala que se podrían “prever una o varias de las siguientes medidas:
a. limitar la utilización de los contratos de duración determinada a los casos en que, a causa de la índole del trabajo que haya de realizarse, a causa de las condiciones en que deba realizarse o en razón de los intereses del trabajador, la relación de trabajo no pueda ser de duración indeterminada;
b. salvo en los casos mencionados en el apartado precedente de este subpárrafo, considerar los contratos de duración determinada como contratos de trabajo de duración indeterminada;
c. considerar que, salvo en los casos mencionados en el apartado del presente subpárrafo, los contratos de trabajo de duración determinada, cuando se renueven una o varias veces, tendrán los mismos efectos que los contratos de duración indeterminada.”
Si bien algunas legislaciones nacionales no regulan el recurso a los contratos de duración determinada, otros contemplan uno o varios tipos de garantías: el establecimiento de una lista de motivos por los cuales las empresas pueden recurrir contratos de duración determinada, la fijación de límites para el número máximo de contratos de duración determinada sucesivos con el mismo trabajador, o el establecimiento de límites sobre la duración máxima acumulada de contratos de duración determinada sucesivos.
Approximately 85% of EPLex countries regulate the use of FTCs
- FTC regulated
- FTC not regulated
- No data
Regulation of fixed-term contracts (time periods are expressed in months)
| Año(s) | País | Región | CDD regulados | Razones de utilización legítima de CDD | Número máximo de CDD consecutivos | Duración máxima acumulativa de CDD consecutivos | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 2026 | Afghanistán | Afghanistán | Asia | Y | Y | → See Sections 14 and 24 of the LL.<br/>→ Section 14 (1) LL indicates that: The service contract is a written agreement entered into by the employee and the employer or institution through which the employee is obliged to work for a definite or indefinite period of time according to job description and in return to which he/she obtains salary and other allowances; (...).<br/> | sin restricción | sin restricción | No reasons listed in the LL. However, Section 14(2) LL indicates that: The period of the fixed contract is one year and can be extended by the agreement of both parties. However, if within one month after the expiration of the fixed contract, neither party proceeds to terminate or extend the contract, it shall be considered extended with the same terms and conditions. | sin limitación | sin limitación | The LL does not provide for a maximum number of renewals. The only rules regarding renewals are set out in Section 14(2) of LL. 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. | sin limitación | |
| 2017 | Alemania | Alemania | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Sec. 14 (1) Part-Time and Fixed-Term Employment Act (2011) [PTFTEA].<br/>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.<br/>Similarly, no justification is required for the conclusion of fixed-term contracts with employees over 52 years old. | 4 | razones materiales y objetivas | The extent of limitation in the number of successive depends on whether or not there is an objective reason for resorting to FTC:<br/>* If there is an objective reason for each successive contract, it can be renewed without any limitation.<br/>* 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). | 24 | ||
| 2025 | Angola | Angola | Africa | Y | Y | Section 14 of GLL 2023 on "Duration of Employment Contracts" indicates that:<br/>1. The Employment Contract is generally concluded for an Indefinite Period.<br/>2. Taking into account the nature of the activity, the functions for which the worker is hired and provided that the contract aims to meet temporary needs, the Employment Contract may be concluded for a Fixed Term, under the terms set forth in this Law.<br/>3. Unless expressly provided otherwise, all legal or conventional provisions relating to indefinite-term employment contracts apply to Fixed-Term employment contracts.<br/>4. The conclusion of employment contracts to be valid for the entire life of the employee is prohibited.<br/> | razones materiales y objetivas | razones materiales y objetivas | → Section 13 (2 and 3) of GLL 2023 indicates that: <br/>1. (...)<br/>2. Fixed-Term employment contracts must mention the reasons for the contract, the precise indication of the date of its conclusion or the period for which it is concluded or the conditions to which its validity is subject.<br/>3. In the absence of the references required in the previous paragraph, the Employment Contract shall be considered to be concluded for an Indefinite Period.<br/><br/>→ Section 15 (1) of GLL 2023 on "Causes of Fixed-Term Employment Contracts" indicates that:<br/>1. A Fixed-Term Employment Contract may only be concluded in the following situations:<br/>a) Replacement of a worker temporarily absent;<br/>b) Temporary or exceptional increase in the company's normal activity resulting from an increase in tasks, excess orders, market reasons or seasonal reasons;<br/>c) Carrying out occasional and specific tasks that are not part of the company's current activities;<br/>d) Seasonal work;<br/>e) When the activity to be carried out, because it is temporarily limited, does not recommend expanding the company's permanent staff;<br/>f) Carrying out urgent work as necessary or to organize safeguarding measures for the company's facilities or equipment and other assets in order to prevent risks to the company and its workers;<br/>g) Launching of new activities of uncertain duration, beginning of work activity, restructuring or expansion of the activities of an employer or work center;<br/>h) In cases of unemployed individuals for more than a year, or members of other social groups covered by legal measures for insertion or reintegration into active life;<br/>i) Execution of well-defined tasks, periodic in the employer's activity, but of a discontinuous nature;<br/>j) Execution, management and supervision of civil construction and public works, industrial assembly and repairs and other works of the same nature and temporality;<br/>k) Practical professional training and apprenticeship. | sin limitación | sin limitación | 60 | ||
| 2018 | Antigua y Barbuda | Antigua y Barbuda | Americas | N | N | Sec C57 LC only provides that "an employee will not be deemed to have been dismissed unfairly if his employment is terminated at the expiration of the term specified at the time of his hire." | sin restricción | sin restricción | No provision on valid reasons for the use of FTC in the legislation reviewed. | sin limitación | sin limitación | No provision limiting the use of FTC in the legislation reviewed. | sin limitación | |
| 2017 | Arabia Saudita | Arabia Saudita | Estados Árabes | Y | Y | sin restricción | sin restricción | Sec. 55 LL | 2 | sin restricción | Art. 55(2) LL. | 36 | ||
| 2025 | Argelia | Argelia | Africa | Y | Y | ▶ <b>LRA 1990</b> as modified by the <b>Ordinance No. 96-21 of July 9, 1996, amending and supplementing Law No. 90-11 of April 21, 1990, relating to labour relations.</b><br/>→ Section 12 LRA 1990 indicates that: A fixed-term employment contract, whether full-time or part-time, may be concluded in the cases expressly provided for below:<br/>▻ where the worker is recruited for the performance of work linked to non-renewable works or service contracts;<br/>▻ where it is a question of replacing the holder of a post who is temporarily absent and for whose benefit the employer is required to keep the job;<br/>▻ where the employer needs to carry out periodic work of a discontinuous nature;<br/>▻ where an increase in workload or seasonal reasons justify it.<br/>▻<b>when it comes to activities or jobs of limited duration or which are by nature temporary</b> (sub-section added by § 2 of the Ordinance No. 96-21 of 1996).<br/>→ In all these cases, the employment contract shall specify the duration of the employment relationship as well as the reasons for the fixed duration.<br/>▶ <b>Collective framework agreement of the private sector of 30 September 2006 (CFA)</b><br/>→ See also Sections 25 to 35 of the CFA. | razones materiales y objetivas | razones materiales y objetivas | ▶ <b>LRA</b><br/>A Fixed Term Contract can only be concluded in limited instances, as provided in Section 12 LRA 1990 (e.g. temporary replacement of a worker, performance of casual tasks of a discontinuous nature, seasonal work or cases of a temporary increase in workload, performing work for a limited time that is temporary in nature).<br/> | sin limitación | sin limitación | No statutory provisions were found in the examined legislation in this respect. | 36 | |
| 2019 | Argentina | Argentina | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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).<br/><br/>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). <br/><br/>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).<br/> | sin limitación | sin limitación | 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). <br/><br/>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). | 60 | ||
| 2018 | Armenia | Armenia | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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)<br/>Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts) | sin limitación | sin limitación | sin limitación | |||
| 2026 | Australia | Australia | Asia | Y | Y | ▷ Under Division 5 of Part 2-9 of the Fair Work Act 2009 (§§ 333E–333L, inserted by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and effective from 6 December 2023), fixed-term contracts are now regulated with strict limits on duration and renewals for most national system employees (excluding casual employees defined by shift-based work).<br/>▷ A contract must not include a term that provides for termination at the end of an identifiable period (time, task or season) if:<br/>‣ the period is greater than 2 years; or<br/>‣ the contract (including extensions/renewals) would result in employment for more than 2 years in total; or<br/>‣ the contract allows renewal or extension more than once; or<br/>‣ it is a consecutive contract for the same or substantially similar work with substantial continuity of the employment relationship, where the combined duration exceeds 2 years or involves more than one renewal (§§ 333E(4)–(5)).<br/>▷ In addition, employers must provide the Fixed Term Contract Information Statement (prepared by the Fair Work Ombudsman) to the employee before or as soon as practicable after the contract is entered into (§ 333K). | sin restricción | sin restricción | → Under "Division 5", section 333E FWA provides for limitations on fixed-term contracts, indicating that: (1) A person contravenes this subsection if:<br/>(a) the person enters into a contract of employment with an employee; and<br/>(b) the contract includes a term that provides the contract will terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and<br/>(c) the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and<br/>(d) subsection (2), (3) or (4) applies.<br/>Note 1: This subsection is a civil remedy provision (see Part 4‑1).<br/>Note 2: A contract referred to in this subsection includes (and is not limited to) a contract of employment for a specified period of time, for a specified task or for the duration of a specified season.<br/><b>Employment for more than 2 years</b><br/> (2) This subsection applies if the identifiable period is greater than 2 years.<br/><b>Renewable contracts</b><br/>(3) This subsection applies if:<br/>(a) The sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or<br/>(b) The contract provides for an option or right to extend or renew the contract more than once.<br/>▶ Under "Division 5" of the FWA, section 333F provides for Exceptions to limitations on fixed-term contracts, indicating that: <br/>‣ (1) Subsection 333E(1) does not apply in relation to a contract of employment entered into by a person and an employee if:<br/>(a) The employee is engaged under the contract to perform only a distinct and identifiable task involving specialised skills; or<br/>(b) The employee is engaged under the contract in relation to a training arrangement; or<br/>(c) The employee is engaged under the contract to undertake essential work during a peak demand period; or<br/>(d) The employee is engaged under the contract to undertake work during emergency circumstances or during a temporary absence of another employee; or<br/>(e) In the year the contract is entered into, the amount of the employee’s earnings under the contract is above the high income threshold for that year; or<br/>(f) The contract relates to a position for the performance of work that:<br/>(i) Is funded in whole or in part by government funding or funding of a kind prescribed by the regulations for the purposes of this subparagraph; and<br/>(ii) the funding is payable for a period of more than 2 years; and<br/>(iii) there are no reasonable prospects that the funding will be renewed after the end of that period; or<br/>(g) The contract relates to a governance position that has a time limit under the governing rules of a corporation or association of persons; or<br/>(h) A modern award that covers the employee includes terms that permit any of the circumstances mentioned in subsections 333E(2) to (4) to occur; or<br/>(i) the contract is of a kind prescribed by the regulations for the purposes of this paragraph.<br/>‣ (2) For the purposes of paragraph (1)(e), if under the terms of the contract either of the following apply:<br/>(a) The employee is required to work fewer hours than a full‑time employee for a year;<br/>(b) The employee is required to work for only part of a year; the high income threshold for that year is taken, for the purposes of that paragraph, to be the amount, or the amount worked out using a method, prescribed by the regulations for the purposes of this subsection.<br/>‣ (3) For the purposes of subsection (2), in determining whether an award/agreement free employee has worked fewer hours than a full‑time employee, regard may be had to the following:<br/>(a) The hours of work of any other full‑time employees or part‑time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee;<br/>(b) The definition of ordinary hours of work in subsection 20(2).<br/>▷<b>Consequences of breach</b><br/>→ Section 333G(1) on the "Effect of entering prohibited fixed term contract" indicates that: <br/>(1) If a person enters into a contract of employment with an employee in contravention of subsection 333E(1):<br/>(a) The term of the contract that provides that the contract will terminate at the end of an identifiable period is taken to have no effect; and<br/>(b) The contravention is taken not to affect the validity of any other term of the contract. | 2 | sin restricción | ▷ One renewal/extension permitted (maximum of two contracts total for the same or substantially similar work).<br/>‣ A 2-year limit applies to cumulative duration, including renewals and consecutive contracts for similar work.<br/>→ Under section 333E(3)(b), one renewal/extension is allowed (cannot renew more than once). <br/>→ "Division 5", section 333E (3) FWA provides for the maximum number of fixed-term contracts, indicating that: This subsection applies if:<br/>(a) The sum of the identifiable period and any other period for which the contract may be extended or renewed is greater than 2 years; or<br/>(b) The contract provides for an option or right to extend or renew the contract more than once.<br/>→ Section 333E (4 & 5) FWA on <b>Consecutive contracts</b> indicates that:<br/>(4) This subsection applies if the contract comes into effect after another contract (the previous contract) of employment between the person and the employee in circumstances referred to in subsection (5).<br/>(5) The circumstances for the purposes of subsection (4) are:<br/>(a) The previous contract included a term that provided that the contract would terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and<br/>(b) The previous contract was for the employee to perform the same, or substantially similar, work for the person as the employee is required to perform under the contract referred to in paragraph (1)(a) (the current contract); and<br/>(c) There is substantial continuity of the employment relationship between the person and employee during the period between the previous contract terminating and the current contract coming into effect; and<br/>(d) Any of the following apply:<br/>(i) The sum of the period for which the previous contract was in effect and the identifiable period referred to in paragraph (1)(b) for the current contract is greater than 2 years;<br/>(ii) The current contract contains an option for renewal or extension;<br/>(iia) The previous contract contained an option for extension that has been exercised;<br/>(iii) the previous contract came into effect after another contract (the initial contract) that satisfies the requirements of paragraphs (a) and (b) of this subsection and there was substantial continuity of the employment relationship between the person and the employee during the period between the initial contract terminating and the previous contract coming into effect.<br/> | 24 | |
| 2019 | Austria | Austria | Europa | Y | Y | sin limitación para el primero CDD | sin limitación para el primero CDD | No specific reason required for resorting to a FTC for the first time.<br/>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). | sin limitación | sin limitación | Subject to courts' ruling on the lawfulness of chain contracts. <br/>Courts consider successive FTCs only as lawful if there are specific social or economic reasons justifying it. Unlawful successive FTCs would result in a work contract of undetermined duration. | sin limitación | ||
| 2019 | Azerbaiyán | Azerbaiyán | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 45 and 47 LC | sin limitación | sin limitación | 60 | |||
| 2026 | Bangladesh | Bangladesh | Asia | N | N | → Section 4 LA does not regulate the use of fixed-term contracts, but it distinguishes between apprentices, badlis, casual workers, probationers, permanent and temporary workers <br/>‣ A <b>badli</b> (= transfer worker) is a worker who is employed during the absence of a permanent worker or of a probationer worker.<br/>‣ A <b>casual worker</b> is a worker employed on an ad-hoc basis in an establishment for work of a casual nature.<br/>‣ A <b>temporary worker</b> is a worker who is employed to perform work which is essentially of a temporary nature, and is likely to be finished within a limited period.<br/>‣ A <b>probationer</b> 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.<br/>‣ A <b>permanent worker</b> is a worker employed in an establishment on a permanent basis or who has satisfactorily completed the period of his probation in the establishment (§ 4 LA).<br/>→ Section 26(2) LA provides that "the employment of a temporary worker may be terminated by the employer, otherwise than in the manner provided elsewhere in this chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving to him in writing<br/>(a) Thirty days’ notice, if he is a monthly rated worker;<br/>(b) Fourteen days' notice, in case of other workers." | sin restricción | sin restricción | ▷ The LA does not regulate the use of fixed-term contracts but instead distinguishes between apprentices, badlis, casual workers, probationers, permanent and temporary workers <br/>‣ A <b>badli</b> (= transfer worker) is a worker who is employed during the absence of a permanent worker or of a probationer worker.<br/>‣ A <b>casual worker</b> is a worker employed on an ad-hoc basis in an establishment for work of a casual nature.<br/>‣ A <b>temporary worker</b> is a worker who is employed to perform work which is essentially of a temporary nature, and is likely to be finished within a limited period.<br/>‣ A <b>probationer</b> 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.<br/>‣ A <b>permanent worker</b> is a worker employed in an establishment on a permanent basis or who has satisfactorily completed the period of his probation in the establishment (§ 4 LA).<br/>[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]. | sin limitación | sin limitación | No statutory provisions were found in the examined legislation in this respect.<br/><br/> | sin limitación | |
| 2019 | Bélgica | Bélgica | Europa | Y | Y | sin limitación para el primero CDD | sin limitación para el primero CDD | Art. 10 ECA<br/>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. | 4 | sin limitación para el primero CDD | Art. 10 bis (2) ECA | 36 | ||
| 2019 | Bolivia | Bolivia | Americas | Y | Y | Fixed term contracts are regulated with the Law Decree Nº 16187 of 1979 | razones materiales y objetivas | razones materiales y objetivas | Art. 2 of Law Decree No 16187: FTC are not allowed for permanent tasks or for those that are characteristic of the business.<br/><br/> 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.<br/><br/> See also the principle of "labour stability" established under Article 11 of Supreme Decree No. 28699, of 1st May 2006. | 2 | razones materiales y objetivas | Art. 2 of the Law Decree No 16187 | 12 | |
| 2025 | Botswana | Botswana | Africa | Y | Y | 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.<br/>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 determined by a specified event. A fixed-term contract normally terminates automatically on the expiry of the period. | sin restricción | sin restricción | No statutory limitation. | sin limitación | sin limitación | No maximum number specified in the legislation. However, under Section 2.1.1 of 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. | sin limitación | |
| 2019 | Brasil | Brasil | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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. | 2 | razones materiales y objetivas | 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. | 24 | ||
| 2019 | Bulgaria | Bulgaria | Europa | Y | Y | Fixed Term Contracts are regulated in the Art. 68 LC which states the following:<br/>(1) An employment contract for a fixed term shall be concluded:<br/>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;<br/>2. until completion of some specified work;<br/>3. for substitution for an employee who is absent from work;<br/>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.<br/>5. (New SG, No.25/2001) for a certain mandate, where such has been specified for the respective body.<br/><br/>(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.<br/>(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.<br/>(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.<br/>(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. <br/>(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.<br/>(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.<br/>(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.<br/> | razones materiales y objetivas | razones materiales y objetivas | 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).<br/>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).<br/><br/>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).<br/><br/> | 1 | razones materiales y objetivas | General rule: no renewal. <br/><br/>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. | 36 | |
| 2025 | Burkina Faso | Burkina Faso | Africa | Y | Y | Fixed-term contracts (contrats à durée déterminée or CDD) are regulated under sections 49 to 61 of the Labour Code 2008.<br/>A fixed-term employment contract is a contract whose end date is specified in advance by mutual agreement of both parties.<br/>→ Section 49 LC indicates that: The following are considered equivalent to a fixed-term employment contract:<br/>1) an employment contract concluded for the execution of a specific task or the completion of a project whose duration cannot be precisely estimated in advance;<br/>2) an employment contract whose end date is contingent upon the occurrence of a future and certain event whose exact date is not known.<br/>→ Section 50 LC stipulates that: A seasonal employment contract is a fixed-term employment contract by which the worker engages their services for the duration of an agricultural, commercial, industrial, or artisanal season, the end of which is beyond the control of the parties. (...). <br/>A seasonal employment contract that continues beyond the season becomes a permanent employment contract. | razones materiales y objetivas | razones materiales y objetivas | → Under Sections 49 and 50 of the LC, fixed-term contracts are an exception. They cannot be used for permanent, ongoing jobs in the company. They are only permitted for the execution of a specific, temporary task, including but not limited to: <br/>▻ Replacement of a temporarily absent worker<br/>▻ Temporary increase in activity<br/>▻ Seasonal work<br/>▻ Short-term tasks<br/>▻ Specific projects or tasks with a defined end<br/>▻ Training or apprenticeship contracts<br/>▷ Prohibited uses: <br/>→ Under Section 59 of the LC, it is prohibited: <br/>▻ To permanently replace a worker whose contract is suspended due to a collective labour dispute (e.g., strike).<br/>▻ For particularly dangerous work (unless expressly authorised by the Labour Inspector). | sin limitación | sin limitación | → Section 52 LC indicates that the fixed-term employment contract is renewable without limitation except in cases of abuse, which are left to the discretion of the competent court. | sin limitación | |
| 2018 | Camboya | Camboya | Asia | Y | Y | sin restricción | sin restricción | See Secs. 66 and 67 LC.<br/>No limitation on the reasons for concluding a FTC (sec. 66). However, a labour contract signed with consent for a specific duration must contain a precise finishing date. Any violation of this rule leads the contract to become an indefinite labour contract (sec. 67). | sin limitación | sin limitación | Sec. 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. | 24 | ||
| 2025 | Camerún | Camerún | Africa | Y | Y | → Section 25(1)(a) LC indicates that: A contract of employment may be concluded for a specified or unspecified duration.<br/>(a) A contract of specified duration is a contract whose termination is fixed in advance by both parties. It may not be concluded for a duration of more than (2) two years, renewable once.<br/>The following shall be considered contracts of employment of a specified but non-renewable period :<br/>- a contract whose termination is subject to the occurrence, which does not depend exclusively on the will of the parties, of a future but certain event that is precisely indicated;<br/>- a contract concluded for the execution of a specified task. | sin restricción | sin restricción | Under the Labour Code, FTCs are concluded for specific tasks.<br/>→ Section 25(1)(a) LC indicates that: A contract of employment may be concluded for a specified or unspecified duration.<br/>(a) A contract of specified duration is a contract whose termination is fixed in advance by both parties. It may not be concluded for a duration of more than (2) two years, renewable once.<br/>The following shall be considered contracts of employment of a specified but non-renewable period :<br/>- a contract whose termination is subject to the occurrence, which does not depend exclusively on the will of the parties, of a future but certain event that is precisely indicated;<br/>- a contract concluded for the execution of a specified task. | 2 | sin restricción | → Section 25(1)(a) LC indicates that: A contract of employment may be concluded for a specified or unspecified duration.<br/>(a) A contract of specified duration is a contract whose termination is fixed in advance by both parties. It may not be concluded for a duration of more than (2) two years, renewable once.<br/>→ Section 25(4) LC indicates that: The above provisions shall not apply to workers recruited to carry out exclusively :<br/>(a) A temporary job in replacement of an absent worker or one whose contract has been suspended, or the completion of a piece of work within a specific time limit and requiring additional manpower.<br/>(b) An occasional job aimed at coping with unexpected growth in the activities of the company as a result of certain economic conditions or entailing urgent work to prevent imminent accidents, organizing emergency measures, or repairing company equipment, facilities or buildings which are dangerous for the workers.<br/>(c) A seasonal job generated by the cyclical or climatic nature of company activities.<br/>▷ Note: <br/>▻ Are not renewable contracts concluded for the execution of a specified task and contract that termination is subject to the occurrence of a future but certain event;<br/>▻ 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. | 48 | |
| 2019 | Canadá | Canadá | Americas | N | N | sin restricción | sin restricción | No statutory limitations. | sin limitación | sin limitación | No statutory limitations. | sin limitación | ||
| 2025 | Chad | Chad | Africa | Y | Y | ▷ Rules on the use of FTCs are contained in Sections 57-66 of the LC.<br/>Section 57 indicates that: The employment contract concluded for a fixed term must include a precise term fixed from its conclusion; it must therefore indicate either the date of its expiry or the precise duration for which it is concluded.<br/>However, this contract may include an imprecise term in the cases provided for in Section 61 and under the conditions set out in Section 62. | razones materiales y objetivas | razones materiales y objetivas | → Under Section 60 LC, FTCs can be concluded (with imprecise terms) for:<br/>▻ Replacement of a temporarily absent worker, <br/>▻ The length of a season, <br/>▻ An occasional increase in workload, or <br/>▻ Work that does not form part of the customary activities of the enterprise. | 2 | razones materiales y objetivas | → Section 59 LC indicates that: A fixed-term employment contract is a contract with a definite, predetermined end date agreed upon by both parties.<br/>It must be in writing. Its duration may not exceed two years, and is renewable only once. However, short-term contracts may be concluded and renewed more than once, provided that their total duration does not exceed two years. | 24 | |
| 2019 | Chequia | Chequia | Europa | Y | Y | sin restricción | sin restricción | 2 | sin restricción | Before the amendments which took effect in 2012, Sec. 39 LC did not refer to any maximum number of successive FTC, but only to a maximum cumulative duration of 24 month.<br/>In 2012, a new rule came into force stating that fixed term contracts can be agreed only twice (sec. 39.2 LC). <br/>Also, maximum cumulative duration has been extended from 24 months to 36 months (sec. 39.2 LC). | 36 | |||
| 2019 | Chile | Chile | Americas | Y | Y | sin restricción | sin restricción | 2 | sin restricción | 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.<br/><br/> | 12 | |||
| 2018 | China | China | Asia | Y | Y | → Sections 13 and 14 provide for fixed-term contracts.<br/>→ Section 13 indicates that: A fixed-term labour contract is one the ending date of which is agreed upon between the employing unit and the worker.<br/>An employing unit and a worker may conclude a fixed-term labour contract upon reaching consensus through consultation.<br/>→ Section 14 An open-ended labour contract is one where the employing unit and the worker have agreed not to stipulate a definite ending date.<br/>An employing unit and a worker may conclude an open-ended labour contract upon reaching consensus through consultation. If a worker proposes or agrees to renew the labour contract or to conclude a labour contract in any of the following circumstances, an open-ended labour contract shall be concluded, unless the worker requests the conclusion of a fixed-term labour contract:<br/>(1) The worker has been working for the employing unit for a consecutive period of 10 or more years;<br/>2) The worker has been working for the employing unit for a consecutive period of 10 or more years but less than 10 years away from the statutory retirement age when the employing unit introduces the labour contract system or when the State-owned enterprise has to conclude a new labour contract with him as a result of restructuring; or<br/>(3) The worker intends to renew the labour contract after he has consecutively concluded a fixed-term labour contract with the employing unit twice, and he has not been found in any of the circumstances specified in section 39 or Subparagraph (1) or (2) in section 40 of this Law.<br/>If an employing unit fails to conclude a written labour contract with a worker within one year of the date it employs the worker, it shall be deemed to have concluded an open-ended labour contract with the latter. | sin restricción | sin restricción | → Section 13 ECL: No material reasons required. <br/>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 section 14 of the ECL, "if an Employer fails to conclude a written labour 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 labour contract". <br/> | 2 | sin restricción | → Section 14(3) ECL indicates that:" (..) An open-ended labour contract may be concluded between an Employer and an employee upon consultation. If an employee proposes or agrees to renew and conclude a labour contract in any of the following circumstances, an open-ended labour contract shall be concluded, unless the employee requests the conclusion of a fixed-term labour contract instead: (...):<br/>(3) Where a labour contract was concluded as a fixed-term labour contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in section 39 and items (1) and (2) of section 40 of this law, renews such contract." | 120 | |
| 2019 | Chipre | Chipre | Europa | Y | Y | sin restricción | sin restricción | 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.<br/>Article 7 of TEA - completion of a task is temporary and the particularity of the ongoing task justifies the contract's fixed duration<br/><br/><br/> | sin limitación | sin limitación | 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. | 30 | ||
| 2019 | Colombia | Colombia | Americas | Y | Y | Article 45 of Labour Code provides that the employment contract can be concluded for a specified time, for the duration of the performance of a specific work or job, for an indefinite period or to carry out occasional, accidental or transitory work.<br/><br/><br/><br/> | razones materiales y objetivas | razones materiales y objetivas | See above article 45 of Labour Code. | sin limitación | sin limitación | Article 46 Labour Code provides that the fixed-term employment contract must always be in writing and its duration cannot exceed three (3) years, but it is renewable indefinitely. <br/><br/>1. If, before the expiration date of the stipulated term, neither party will notify the other in writing of its determination not to extend the contract, not less than thirty (30) days in advance, it shall be deemed renewed for a period equal to the initially agreed, and so on.<br/><br/>2. However, if the fixed term is less than one (1) year, the contract may only be extended successively for up to three (3) periods equal to or less, after which the term of renewal may not be less than one (1) year, and so on.<br/><br/>(Paragraph) In fixed-term contracts of less than one year, workers will be entitled to vacation pay and service premium in proportion to the time worked, whatever it may be.<br/><br/> | 36 | |
| 2019 | Comoras | Comoras | Africa | Y | Y | sin restricción | sin restricción | 2 | sin restricción | 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. <br/> | 36 | |||
| 2025 | Congo, República Democrática | Congo, República Democrática | Africa | Y | Y | See sections: 39-42, 45, 69-70 of LC. | razones materiales y objetivas | razones materiales y objetivas | → Under section 40 of the LC, a fixed-term contract (Contrat à Durée Déterminée) is defined as one concluded for a specific duration, a specific task, or to replace a temporarily unavailable worker. <br/>→ Under section 42 of the LC, when a worker is hired for a permanent position in an enterprise or establishment, the contract must be an indefinite-term contract. Any fixed-term contract concluded in violation of this requirement is automatically considered an indefinite-term contract. | 2 | razones materiales y objetivas | ▶ LC 2002<br/>→ Section 41 of the LC outlines the duration limits and renewal restrictions for fixed-term contracts which cannot exceed two years, or one year if the worker is married and separated from their family, or is widowed, legally separated, or divorced and separated from their children under their custody. <br/>▻ A worker cannot enter into more than two fixed-term contracts with the same employer or company, nor renew a fixed-term contract more than once, except for seasonal work, specific projects, or other work defined by a ministerial decree issued by the Minister of Labour and Social Welfare after consultation with the National Labour Council. ▻ Any contract executed in violation of these rules, or continued service beyond these exceptions, automatically constitutes an indefinite-term contract except for seasonal work and other types of work to be determined by the Ministry of Labour.<br/><br/>▶ Ministerial Order n°063 (2011)<br/>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 as harvest, farming activities, plant weeding and watering, fishing, and 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. | 48 | |
| 2019 | Corea, República de | Corea, República de | Asia | Y | Y | 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." | sin restricción | sin restricción | Art. 4 FTPTE, and art. 3 ED-PTPTE.<br/>No limitation for the conclusion of 1 or more fixed-term contract provided that the total cumulative duration does not exceed 2 years. <br/>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: <br/>1) the period needed to complete a project or particular task is defined; <br/>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;<br/>3) the period needed for a worker to complete school work or vocational training is defined; or<br/>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<br/>5) these is a rational reason prescribed by Decree.<br/><br/> | sin limitación | sin limitación | No limitation within the 2-year-time frame: art. 4 (1) FTPTE | 24 | |
| 2019 | Costa Rica | Costa Rica | Americas | Y | Y | Articles 26 of Labour Code provides that the fixed-term employment contract can only be agreed when the nature of the work merits it. In the same way, this type of contract can be carried out before occasional and extraordinary work. On the contrary, it cannot be agreed when the work is of a permanent nature. | razones materiales y objetivas | razones materiales y objetivas | See Article 26 above. | sin limitación | sin limitación | Arts. 26 and 27 Labour Code: The fixed-term or fixed-term contract must be stipulated for a period not exceeding one year. For the determination of said time, the extensions made to the employment contract must be taken into consideration. If special technical preparation is necessary to carry out the work, the employment contract can be extended for up to five years.<br/>However, if the nature and cause of the work remain at the end of the employment contract for a certain period of time and the hiring is not renewed, it will be interpreted for the benefit of the worker as an employment contract for an indeterminate period and the payment of the corresponding workers' compensation will proceed. The foregoing would proceed even if the year of seniority is not exceeded.<br/> | 12 | |
| 2025 | Côte d'Ivoire | Côte d'Ivoire | Africa | Y | Y | Fixed-term contracts are regulated under Chapter 5 of the Labour Code (§§ 15.1 to 15.10). Under the Labour Code (LC), a fixed-term contract is a contract that ends on a specific date or upon completion of a mutually agreed-upon task, as specified in the agreement when it is signed.<br/>→ Section 15.1 indicates that: A fixed-term employment contract ends on a date or at a specific time set by both parties. The number of employees on fixed-term contracts in a permanent position should not exceed one-third of the total workforce.<br/>→ Section 15.2 provides that: Fixed-term contracts, with the exception of those mentioned in Section 15.7, must be in writing or confirmed by a hiring letter.<br/>→ Section 15.3 states that: A fixed-term contract must have a precise end date or duration specified at the time of its conclusion. | razones materiales y objetivas | razones materiales y objetivas | The use of a fixed-term contract is permitted for seasonal employment or jobs for which it is customary not to use an indefinite contract. In the case of an economic dismissal, an employer may use fixed-term contracts for the positions that were eliminated, but the duration of these contracts cannot exceed three months, and they are not renewable.<br/>→ Section 15.5 LC provides that: In a company that has recently undergone economic dismissals, an employer cannot fill the affected positions with fixed-term contracts unless the contract duration is no more than three months and is not renewable.<br/>→ Section 15.6 LC indicates that: A fixed-term contract with an indefinite end date cannot be used to permanently fill a position related to the normal and ongoing activities of the company. It can only be used for specific, temporary tasks in the following cases:<br/>▻ Replacing an absent employee, a suspended employee, or an employee waiting to start a permanent contract.<br/>▻ Occasional or unusual spikes in workload.<br/>▻ Seasonal work.<br/>▻ Jobs in certain sectors, defined by decree or collective agreement, where it is customary not to use permanent contracts.<br/>▻ The duration of a specific worksite or project.<br/>The contract ends when the replaced employee returns, the season ends, the worksite or project is completed, or the temporary work increase ends. The employer must inform the employee of the approximate contract duration at the time of hiring.<br/>→ Section 15.7 LC stipulates that: Contracts for day labourers hired by the hour or day for short-term work, paid at the end of the day, week, or fortnight, are considered fixed-term contracts with an indefinite end date.<br/> | sin limitación | sin limitación | → Section 15.4 LC indicates that: Contracts with a precise term cannot exceed two years. They can be renewed without limitation, but the total duration, including renewals, must not exceed two years. | 24 | |
| 2019 | Cuba | Cuba | Americas | Y | Y | Article 25 of Labour Code provides that the employment contracts might be concluded for: a) for an indefinite time, which is arranged to carry out permanent work and does not express the termination date; and b) for a specified time or for the execution of a job or work, which is arranged to carry out eventual or emergent work, as well as the fulfillment of the social service, for the trial period, to temporarily replace absent workers for justified reasons covered by legislation, training courses for new workers and others that require it.<br/><br/> | razones materiales y objetivas | razones materiales y objetivas | See article 25 of Labour Code. | sin limitación | sin limitación | There is no indication of limitation in the law. | sin limitación | |
| 2017 | Dinamarca | Dinamarca | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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". | sin limitación | sin limitación | 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. | sin limitación | ||
| 2019 | Ecuador | Ecuador | Americas | Y | Y | Article 11of Labour Code provides that employment contracts might be: <br/>a) Express or tacit, and the first, written or verbal; b) For salary, salary, participation and mixed; c) For a fixed time, for an indefinite time, seasonal, eventual and occasional; d) Trial Period; e) For certain work, for task and piecework; f) By hitch; g) Individual, group or team. | sin restricción | sin restricción | Fixed-term contracts might be concluded for objective and material reasons or for no objective reason, but for a limited period: i) Fixed term contracts for permanent activities, however limited in time, from a minimum of 1 year to a maximum of 2 years (article 11c, 14 and 184 of Labour Code), ii) seasonal contracts for cyclic and discontinuous activities, repeated each season (article 11c and 17 of Labour Code) and the worker is entitle to severance payment if not hired for the next season, iii) eventual contracts to: a) replace a worker on vacation, illness, maternity leave or b) to attend an increase on demand of goods and services limited to 6 months within a period of 1 year (article 17 of Labour Code), iv) contracts to attend extraordinary non-core activities of the employer, limited to 30 days within a period of 1 year (article 17 of Labour Code), v) Contracts for specific work or service, which in its nature is of limited duration (article 16 of Labour Code). | sin limitación | sin limitación | 24 | ||
| 2025 | Egipto | Egipto | Africa | Y | Y | → Section 87 LL 2025 indicates that: An individual labour contract may be concluded for an indefinite period, or for a fixed period if the nature of the work requires it. The contract may also be renewed for similar periods by mutual agreement.<br/>→ Section 88 LL 2025 provides that: An individual labour contract shall be considered indefinite in the following cases:<br/>▻ If it is not written.<br/>▻ If the contract does not specify its duration.<br/>▻ If the contract is for a fixed period, but both parties continue to perform it after its expiration without a written agreement. | sin restricción | sin restricción | No statutory limitations on the use of FTCs are found in the LL 2025. | sin limitación | sin limitación | No statutory limitations on the use of FTCs.<br/>→ Section 87 LL 2025 states that: An individual labour contract may be concluded for an indefinite period, or for a fixed period if the nature of the work requires it. The contract may also be renewed for similar periods by mutual agreement.<br/> | sin limitación | |
| 2019 | El Salvador | El Salvador | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | See art . 25-27 LC.<br/>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).<br/>According to art. 25 LC, contracts with a limited duration can only be concluded to perform temporary or casual work.<br/>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)<br/>Art. 27 LC stipulates that a FTC can be concluded in order to replace a worker whose contract is temporarily suspended. | sin limitación | sin limitación | sin limitación | |||
| 2013 | Emiratos Arabes Unidos | Emiratos Arabes Unidos | Estados Árabes | Y | Y | See art. 38 FLLR. | sin restricción | sin restricción | The law does not set out any limitation on the reasons for which a FTC can be concluded. | sin limitación | sin limitación | 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. | sin limitación | |
| 2019 | Eslovaquia | Eslovaquia | Europa | Y | Y | Act No. 361/2012 Coll. amending Act No. 311/2001 Coll. Labour Code, as amended (and amending and supplementing certain acts) resulted in a return to the regulation of the length of fixed-term contracts, which was before the adoption of Act No. 257/2011 Coll.. | sin restricción | sin restricción | 3 | sin restricción | As stated below, in principle, a fixed-term employment relationship may be extended or renewed <b>at most twice</b> within a two years period (Article 48 paragraph 2 of the LC).<br/>However, a <b>further extension or renewal </b> of the fixed-term employment relationship to two years or over two years can be agreed for the reasons specified under Article 48, paragraph 4, of the LC. (and under Article 48, paragraph 6, of the LC).<br/><br/>To be noted: A renewed fixed-term employment relationship is an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties.“ (Article 48 paragraph 3 of the LC).<br/> | 24 | ||
| 2019 | Eslovenia | Eslovenia | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:<br/>- work which, by its nature takes a certain period of time,<br/>- replacement of a temporarily absent worker,<br/>- temporarily increased workload,<br/>- employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,<br/>- management person or procurator,<br/>- manager of the first paragraph of Article 74 of this Law,<br/>- seasonal work,<br/>- a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,<br/>- fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,<br/>- carrying out public works or inclusion in active employment policy measures, in accordance with the law,<br/>- preparation and execution of the work, which is a project organized,<br/>- work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,<br/>- handing over the work,<br/>- elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,<br/>- other cases determined by law or collective agreement on the level of activity <br/><br/>Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph. | sin limitación | sin limitación | Paragraph 2 of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month. | 24 | ||
| 2019 | España | España | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Fixed-term contracts can be concluded in limited situations: <br/>- <b>Temporary increase in workload</b> : 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);<br/>- <b>Specific project or service</b>: 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).<br/>- <b>Replacement of a worker</b>: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).<br/>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.<br/><br/>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).<br/> | 2 | razones materiales y objetivas | The maximum number of FTC depends on the reason for which the contract was concluded.<br/>- If it is concluded to address <b>temporary increase in the workload</b>, 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].<br/>- There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).<br/><br/> | 24 | ||
| 2017 | Estados Unidos | Estados Unidos | 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.<br/> | Americas | N | N | sin restricción | sin restricción | 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. | sin limitación | sin limitación | sin limitación | ||
| 2017 | Estonia | Estonia | Europa | Y | Y | Arts 9 and 10 ECA. | razones materiales y objetivas | razones materiales y objetivas | Art. 9 ECA: It is presumed that employment contracts are made for an unspecified period. A fixed-term contract may be made for <b>up to five years</b> if it is <b>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</b>. A FTC may also be concluded for the replacement of an employee who is temporarily absent.<br/><br/><b> New in 2012 </b><br/>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) <br/> | 2 | razones materiales y objetivas | 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.<br/><br/><b> New in 2012 </b><br/>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)<br/> | 120 | |
| 2025 | Etiopía | Etiopía | Africa | Y | Y | The new Proclamation prohibits the use of Fixed-Term Contracts (FTCs) for tasks of a permanent nature. The maximum length of an FTC is set at five years. | razones materiales y objetivas | razones materiales y objetivas | A contract of employment is generally considered indefinite unless it is for a definite period or piece of work. FTCs are prohibited for tasks of a permanent nature.<br/>→ Section 4(1) LP indicates that: A contract of employment shall be deemed formed where a natural person agrees directly or indirectly to perform work for and under the authority of an employer for a definite or indefinite period or piece of work in consideration for wages. <br/>→ Section 10 LP provides for "contract of employment for a definite period or piece work", indicating: <br/>1) A contract of employment may be concluded for a definite period or for piecework in the case of:<br/>a) The performance of specified piece work for which the employee is employed;<br/>b) the replacement of a worker who is temporarily absent due to leave or sickness or other causes;<br/>c) The performance of work in the event of abnormal pressure of work;<br/>d) The performance of urgent work to prevent damage or disaster to life or property, to repair defects or breakdowns in works, materials, buildings or plants of an undertaking;<br/>e) An irregular work which relates to the permanent part of the work of an employer but performed on irregular intervals;<br/>f) Seasonal works which relate to the permanent part of the works of an employer, but performed only for a specified period of the year, but which are regularly repeated in the course of the years;<br/>g) An occasional work which does not form part of the permanent activity of the employer, but which is done intermittently;<br/>h) The temporary placement of a worker who has suddenly and permanently vacated from a post having a contract of an indefinite period;<br/>i) The temporary placement of a worker to fill a vacant position in the period between the preparation of an organizational structure and its implementation.<br/>2) A contract of employment under Sub-Sections (1) (h) or (i) of this Section shall not exceed 45 working days and shall be done only once. | sin limitación | sin limitación | No statutory limitation found in the legislation reviewed. | sin limitación | |
| 2019 | Filipinas | Filipinas | Asia | Y | Y | The following categories are used to describe different kinds of fixed-term contracts. <br/><br/>See ILO -TED - National Law Profile, updated in June 2006 by Attorney Jonathan P. Sale:<br/>Art. 296 of the LC provides for the following categories of employment:<br/>* 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;<br/>* Seasonal - where the work or services to be performed is seasonal in nature and the employment is for the duration of the season; and<br/>* 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.<br/><br/>* Another category of employment recognized in jurisprudence is or 'fixed-term employment' (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. | sin restricción | sin restricción | oArt. 295 of LC: The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except 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 or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. An employment shall be deemed to be casual if it is not covered by the proceeding paragraph: provided that any employee who has rendered at least one year of service, where such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. <br/><br/>Note Department Order No. 174 Series of 2017 contains rules regarding contracting and subcontracting arrangements which are applicable to all parties in an employer-employee relationship, providing for absolute prohibition against labour-only contracting and other illicit forms of employment arrangements (Rules implementing Articles 106-109 LC). | sin limitación | sin limitación | No statutory limitation in the legislation reviewed. | 12 | |
| 2019 | Finlandia | Finlandia | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Sec. 3, chap. 1 ECA: "justified reason".<br/>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 reason” for a maximum duration of 1 year, with the possibility to renew the contract for 1 additional year. | sin limitación | sin limitación | 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).<br/><b>New since 1 January 2011</b>:<br/>Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").<br/>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:<br/>"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)<br/>"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."<br/> | sin limitación | ||
| 2019 | Francia | Francia | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | See art. L 1242-1 LC to L. 1242-4 LC. <br/>Art L 1242-2 LC to L 1242-4 LC: exhaustive list of situations when the use of FTC is authorized.<br/>[<b>New in 2019:</b>] Pursuant to art. L 1242-1, 1° LC, a FTC can be concluded for the replacement of a single employee. Act No. 2018-771 of 5 September 2018 provides that, on an experimental basis and by way of derogation from this provision, a single FTC may be concluded to replace several employees in the sectors to be listed by decree. This possibility is open between 1 January 2019 and 31 December 2020. Decree No. 2019-1388 of 18 December 2019 enumerates the sectors concerned (cleaning, road transport, etc.) | 3 | razones materiales y objetivas | An extended sectoral collective agreement may determine the maximum number of renewals of FTCs. This number may not have the purpose or the effect of permanently filling a job related to the normal and permanent activity of the enterprise. In the absence of a provision to that effect in a collective agreement, the previous limit of 2 successive renewals remains applicable (new art. L. 1243-13-1 LC).<br/>However, the contract for a specific project (“contrat à objet défini”) cannot be renewed (art. L.1242-8-2 LC). | 18 | ||
| 2025 | Gabón | Gabón | Africa | Y | Y | Under the LC 2021, sections 23, 27, and 28 provide for fixed-term contracts which may have a precisely fixed term at their outset or a term based on the completion of the specific objective for which it was established.<br/><br/>▷ Fixed-Term Contract with a Precise Term<br/>→ Under section 23 of the LC 2021, a fixed-term employment contract, regardless of its purpose, cannot be used to permanently fill a position tied to the company’s normal and ongoing activities. If the contract continues beyond its term, even tacitly, by the will of the parties, it automatically becomes an indefinite-term contract, despite any clause prohibiting such continuation.<br/><br/>▷ Fixed-Term Contract with an Uncertain Term <br/>→ Under section 27 of the LC 2021, a fixed-term contract with an uncertain term is one where the end date is not predetermined but depends on the completion time of a specific project, task, or mission. It must be in writing and specify the nature of the work or task to be performed. Contracts for the execution of a specific project or task are considered fixed-term contracts with an uncertain term, as their duration hinges on the time required to complete the defined work, task, or mission. | sin restricción | sin restricción | Under section 23 of the LC 2021, a fixed-term employment contract, regardless of its reason, cannot be used to permanently fill a position related to the normal and ongoing activities of the company. | 2 | sin restricción | → Section 24 LC 2021 provides that a fixed-term contract can only be renewed once. The maximum duration is 2 years, including any renewals.<br/>▻ If the two-year period is exceeded, the contract is automatically reclassified as a contract of indefinite duration. | 48 | |
| 2019 | Georgia | Georgia | Europa | Y | Y | Article 6 – Conclusion of labour agreements<br/>1. A labour agreement shall be oral or written, fixed-term or open-ended. | razones materiales y objetivas | razones materiales y objetivas | Article 6 LC:<br/>Except if the FTC is concluded for one year or more, the FTC can be used only 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. | sin limitación | sin limitación | According to Article 6, 1 (3):<br/>If a labour agreement has been concluded for more than 30 months, or if labour relations have continued on the basis of concluding fixed-term labour agreements for two or more consecutive times and the duration of the above labour relations exceeds 30 months, an open-ended labour agreement shall be deemed to have been concluded.<br/><br/>In this sense, there is no limitation for renewals since the total lenght of the contract does not exceed 30 months. | 30 | |
| 2025 | Ghana | Ghana | The Labour Act does not refer to any specific legal procedure for the use of a fixed-term contract.<br/>Only temporary and casual workers are regulated by special provisions (§§ 73 to 78 LA) | Africa | N | N | The Labour Act does not explicitly regulate fixed-term contracts. However, note must be taken of the provisions of Section 12 LA. <br/>→ Section 12 LA indicates that: <br/>(1) The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment.<br/>(2) A contract of employment shall express in clear terms the rights and obligations of the parties. | sin restricción | sin restricción | The Labour Act does not refer to any specific legal regime for the use of fixed-term contracts.<br/>Only temporary and casual employment are regulated by special provisions (§§ 73 to 78 LA)<br/>→ Under Section 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". | sin limitación | sin limitación | No statutory limitation found in the legislation reviewed. | sin limitación |
| 2019 | Grecia | Grecia | Europa | Y | Y | Presidential Decree 81/2003, as amended by P.D. 180/2004. | razones materiales y objetivas | razones materiales y objetivas | See Article 669(2) of the Civil Code.<br/>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).<br/><br/>NOTE: The basic principles governing PD 180/2004 are as follows:<br/>- workers may be employed on fixed-term contracts to meet standing, permanent needs of the enterprise (Article 3);<br/>- 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);<br/>- 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);<br/>- 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).<br/><br/>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.<br/>(Source : EuroFound https://www.eurofound.europa.eu/mt/publications/article/2004/new-regulations-on-fixed-term-contracts-in-private-sector) <br/> | 3 | razones materiales y objetivas | Art. 5 P.D. 81/2003, as amended by P.D. 180/2004:<br/>The unlimited renewal of FTC is permitted if it is justified by an objective reason (see above).<br/>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)<br/>The employer has the burden to prove otherwise.<br/> | 36 | |
| 2019 | Guatemala | Guatemala | Americas | Y | Y | Article 25 of Labour Code provides that the individual employment contract may be:<br/>a) For an indefinite time, when no date is specified for its termination.<br/>b) For a fixed term, when a date is specified for its completion or when the occurrence of some fact or circumstance such as the completion of a work has been foreseen, which must necessarily end the employment relationship. In this second case, the worker's activity itself must be taken into account as the object of the contract, and not the result of the work; and<br/>c) For a specific work, when the price of the worker's services is adjusted globally or in elevation from the time the work begins until the work is completed, taking into account the result of the work, that is, the work carried out.<br/><br/>Although the worker receives advanced payments on account of the work performed or to be performed, the individual employment contract must be understood for a specific work, provided that the conditions indicated in the preceding paragraph are met.<br/><br/> | razones materiales y objetivas | razones materiales y objetivas | Article 25 (b) and (c) of Labour Code above described. | sin limitación | sin limitación | Article 26 of Labour Code provides that if the nature and cause of the work remain at the end of the work contract for a certain time and the hiring is not renewed, it will be interpreted for the benefit of the worker as an a contract for indefinite time and payment of the workers' compensation will proceed. <br/>Contracts for a fixed term and for the execution of a specific work are of an exception nature and can only be concluded in cases that are required by the accidental or temporary nature of the service to be provided or of the work to be executed.<br/> | sin limitación | |
| 2019 | Honduras | Honduras | Americas | Y | Y | Article 46 (b) and (c) of Labour Code provides that an employment contract might be concluded in a fixed-term when: b) when the date for its completion is specified or when the occurrence of some fact or circumstance such as the construction of a work has been foreseen, which must necessarily end the employment relationship. In this second case, the activity of the worker himself, as the object of the contract, and not the result of the work must be taken into account; and, c) For specific works or services, when the price of the worker's services is adjusted globally or in elevation, from the beginning of the work until the work is completed, taking into account the result of the work, that is, the work carried out.<br/><br/>Article 47 -Contracts related to work that by their nature are permanent or continuous in the company, shall be considered as concluded for an indefinite period, even if they express a term of duration, if the cause that gave rise to them expires. to the subject of work for the provision of services or the execution of the same or similar works. The service time will be counted from the start date of the employment relationship, even if it does not coincide with that of the written contract. Consequently, fixed-term contracts for a specific work are exceptional and can only be concluded in cases where the accidental or temporary nature of the service to be provided or the work to be carried out so requires.<br/><br/><br/><br/> | razones materiales y objetivas | razones materiales y objetivas | Artice 46 (b) and (c) of Labour Code.<br/><br/>Although the worker receives advance payments on account of the work performed or to be performed, the individual employment contract must be understood for a specific work provided the conditions indicated in the preceding paragraph are met. The contract for specific works or services will last until the total execution of the one or until the total provision of the others. | sin limitación | sin limitación | Art. 48(2) LC provides that fixed-term contract can be expressly or tacitly renewed. No maximum authorized of renewals is specified if the maximum lenght of 12 months is not exceeded. | 12 | |
| 2019 | Hungría | Hungría | Europa | Y | Y | sin restricción | sin restricción | 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)). | sin limitación | sin limitación | 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. | 60 | ||
| 2019 | India | India | Asia | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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. | sin limitación | sin limitación | sin limitación | |||
| 2019 | Indonesia | Indonesia | Asia | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 59 (1) and (2) MA:<br/>"(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:<br/>a. Work to be performed and completed at once or work which is temporary by nature;<br/>b. Work whose completion is estimated time which is not too long and no longer than 3 (three) years;<br/>c. Seasonal work; or<br/>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.<br/>(2) A work agreement for a specified time cannot be made for jobs that are permanent by nature." | 2 | razones materiales y objetivas | Art. 59 (4) MA: one extension possible. | 36 | ||
| 2025 | Irán, República Islámica del | Irán, República Islámica del | Where an employment contract is concluded for a fixed term or for piecework, neither party may unilaterally terminate the contract (sec. 25 LC)<br/> | Asia | Y | Y | See Note 2 under section 7 of LC: "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."<br/> | sin restricción | sin restricción | See Note 2 under section 7 of LC: "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."<br/><br/>The Council of Ministers approved a new regulation on 18/02/2020 (Determination of Non-Continuous Jobs-Article (7) of the LC) to "partially" address the challenges associated with temporary contracts. These regulations define types of activities which are not permanent by nature and limit their maximum duration to four years. <br/><br/>The Council of Ministers regulation on <u>Determination of Non-Continuous Jobs-Article (7) of the LC (2020)</u>:<br/>"Tasks Not Permanent by Nature;<br/>A. All tasks in workshops established for a specific mission that ends on a certain date, such as dam construction, road construction, and factory building.<br/>B. All tasks in workshops that do not have a specific time limit and continue over time but are not part of the main activities and duties of the workshop, such as building a warehouse, constructing a building, or setting up a new production line.<br/><br/>Additional Provisions:<br/>The maximum duration for tasks that are not permanent by nature is four years.<br/><br/>Note 1: The maximum temporary duration includes the total time of temporary contracts that can be concluded with one or several workers for tasks mentioned in Clause 1 of this regulation.<br/>Note 2: The temporary stoppage of the workshop is exempt from the time limit specified in this article.<br/>For tasks that existed before the notification of this regulation, the maximum temporary duration will be calculated from the date of notification.<br/>Employers are allowed to settle accounts with workers of the completed project or activity mentioned in Clauses A and B of Clause 1 of this regulation, even after the four-year period mentioned in Clauses 2 and 3.<br/>Workers/individuals engaged, under temporary contracts, in work/tasks/activities that are permanent by nature are not subject to the provisions of this regulation."<br/><br/><br/> | sin limitación | sin limitación | The LC is silent as to the possibility of renewing FTC and the rules regarding the maximum number of renewals.<br/>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).<br/><br/>Under the Council of Ministers' new regulations of 18/02/2020, for activities that are NOT permanent by nature, the maximum length of FTC renewal is four years. | sin limitación |
| 2019 | Italia | Italia | Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts. | Europa | Y | Y | <b>Limitations after the first 12 months.</b><br/><br/>Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that there is no need to indicate a specific reason to enter a FTC when it has a maximum duration of 12 months. <br/>The FTC can have a duration higher than 12 months, but in any case lower than 24 months, only if there is one of the following justifying reasons: a) temporary and objective needs unrelated to the ordinary business activity of the employer, or needs of temporarily replace other employees; or b) temporary, significant and unpredictable peaks in the ordinary business activity of the employer.<br/><br/>Notwithstanding the above, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation. | 4 | Article 21 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 24 months, and, in any case, for <b>maximum four times in 24 months.</b>If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the fifth extension. | 24 | ||||
| 2019 | Jamaica | Jamaica | Americas | Y | Y | Section 2, subparagraph 1, and Section 3, subparagraph 5, of Employment (Termination and Redundancy) Act. | sin restricción | sin restricción | sin limitación | sin limitación | sin limitación | |||
| 2019 | Japón | Japón | Asia | Y | Y | sin restricción | sin restricción | An FTC can be concluded for less than 3 years without objective reasons (section 14 of LSA).<br/>An FTC can be however concluded for a maximum duration of five years only in the following cases: 1) if the worker is highly specialized with specialized knowledge, skills or experience that meet criteria established by the Ministry of Health, Labour and Welfare (MHLW) or 2) if aged 60 years or older (sections. 14(1) and (2) of LSA).<br/>It is worth highlighting that the dismissal of a fixed-term worker before the expiry of the term is not permitted,unless "there are unavoidable circumstances" (sec. 17(1) of LCL).<br/><br/>Section 20 of LCA, as amended in 2012, imposes a prohibition of unreasonable labor conditions through the use of a FTC, thereby restricting unreasonable differentiation of working conditions between FTCs and workers with indefinite labour contracts. <br/>Sec. 20 provides that if a labor condition of a fixed-term labor contract for a worker is different from the counterpart labor condition of another labor contract with an indefinite 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 responsibilities accompanying the said duties (hereinafter referred to as the "job contents " in this section), the extent of changes in the job contents and work locations, and other circumstances.<br/><br/>Section 8 of the PT-FT Act [former “Part-time Workers Act” as amended by the 2018 Act (entry into force April 2020, and 2021 for small and medium-sized enterprises)]: A business operator shall not create differences found to be irrational between the base pay, bonuses, or other treatment of Part-Time/Fixed-Term Workers employed thereby and the corresponding types of treatment of ordinary workers, with due consideration to the circumstances that are found to be appropriate, among the descriptions of work of said Part-Time/Fixed-Term Workers and ordinary workers and the level of responsibilities associated with such work (hereinafter referred to as "Job Description"), the extent of changes in such Job Descriptions and their assignments, and other circumstances, in light of the nature of the treatment and the purposes of provision of the treatment.<br/><br/>Section 9 of the PT-FT Act: With regard to a Part-Time/Fixed-Term Worker whose Job Description is equal to those of ordinary workers (referred to as "Part-Time/Fixed-Term Worker with Equal Job Description" in paragraph 1 of Section 1) and whose Job Description and assignment are likely to be changed within the same range as the Job Descriptions and assignments of said ordinary workers, in light of the customary practice at the place of business concerned and other circumstances, and throughout the entire period until the termination of the employment relationship of the Part-Time/Fixed-Term Worker with said business operator (referred to as "Part-Time/Fixed-Term Worker Equivalent to Ordinary Workers" in the following Article and the aforementioned paragraph), the business operator shall not engage in discriminatory treatment in terms of base pay, bonuses, or other types of treatment by reason of the Part-Time/Fixed-Term Worker being a Part-Time/Fixed-Term Worker. | sin limitación | sin limitación | No statutory limitation but employers’ statutory duty to consider not renewing labour contracts repeatedly:<br/>No statutory limitation on the maximum number of successive FTCs. <b>However</b>, Sec. 17 (2) of the LCA provides that with regard to a fixed-term labour contract, an employer shall give consideration to <b>not renewing such labour contract repeatedly</b> 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. | sin limitación | ||
| 2019 | Jordania | Jordania | Estados Árabes | N | N | sin restricción | sin restricción | No statutory limitation on the use of FTC in the LL. | sin limitación | sin limitación | No statutory limitation on the renewals of FTC in the LL.<br/>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). | 60 | ||
| 2019 | Kazajstán | Kazajstán | Europa | Y | Y | Article 30 of the Labour Code (as of 2017) | razones materiales y objetivas | razones materiales y objetivas | Article 29 of the Labour Code | 2 | razones materiales y objetivas | 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.<br/><br/>However, Article 30 LC further elaborates on exceptions to Article 30 1.(2) :<br/>Article 30 1. (3) Contracts for the execution of a particular work;<br/>Article 30 1. (4) Replacement for the temporarily absent employee;<br/>Article 30 1. (5) For seasonal work;<br/>Article 30 1. (6) Migrant workers;<br/>Article 30 2. Small business owners can hire workers on definite contracts with no time limitations;<br/>Article 30 5. Contracts of workers in retirement age can can be extended for one year indefinitely. <br/> | 24 | |
| 2019 | Kirguistán | Kirguistán | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 55 LC | sin limitación | sin limitación | 60 | |||
| 2025 | Lesotho | Lesotho | Africa | Y | Y | An employment contract can be entered into:<br/>▻ Indefinite period - Employees continue working for the employer until the employment contract is terminated by either party.<br/>▻ Fixed-term period - These contracts are for completing specific tasks or for a specific period. They will terminate once the duration or task for which they were created has been completed.<br/><br/>Section 127 of the Labour Act 2024 on "Types of contract of employment" provides that: <br/>(1) A contract of employment may take the form of a contract -<br/>(a) without reference to limit of time;<br/>(b) for a period of fixed duration; or<br/>(c) to perform some specific work or to undertake a specified journey.<br/>(2) A worker contracted on part-time basis shall not work less than 5 hours in a day, and not work less than 40 hours in a week or less than 160 hours in a month. <br/>(3) A contract without reference to limit of time is a contract which contains no termination date and may be terminated by either party, subject to the provisions of this Act concerning dismissal and notice of termination.<br/>(4) A contract for one period of fixed duration shall set forth its date of termination and shall, subject to the provisions of section 148 concerning dismissal, automatically terminate on that date and no notice of termination shall be required of either party. <br/>(5) Notwithstanding sub-clause (4), where a contract provides for a renewal, an employer shall provide notice of termination or renewal.<br/>(6) A contract to perform some specific work or to undertake a specified journey shall terminate upon the completion of the work or journey and no notice of termination shall be required of either party, but an employer who terminates such a contract before its completion shall pay the worker all wages and other remuneration that would have been owing to the worker if he had continued to work until the completion of the contract. | sin restricción | sin restricción | No provisions could be found in the law that specify the conditions under which fixed-term contracts may be permissible, the maximum duration allowed for a single fixed-term contract, or the number of renewals permitted for such contracts. | sin limitación | sin limitación | No provisions could be found in the law that specify the conditions under which fixed-term contracts may be permissible, the maximum duration allowed for a single fixed-term contract, or the number of renewals permitted for such contracts. | sin limitación | |
| 2019 | Luxemburgo | Luxemburgo | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. L 122-1 LC. | 3 | razones materiales y objetivas | 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,...).<br/><br/>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. <br/>______________________________<br/>Art. L. 122-4 du Code du travail:<br/>(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 <b>vingt-quatre mois, renouvellements compris.</b><br/>Art. L. 122-5 du Code du travail:<br/>(1) Le contrat conclu pour une durée déterminée peut être renouvelé deux fois pour une durée déterminée (...)<br/><br/>- Amendement introduit par la Loi du 7 décembre 2016: «(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.» | 24 | ||
| 2017 | Macedonia del Norte | Macedonia del Norte | Europa | Y | Y | Art. 46 LRA. | sin restricción | sin restricción | 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.<br/>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. | sin limitación | sin limitación | 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). | 60 | |
| 2019 | Madagascar | Madagascar | Africa | Y | Y | Art. 8 LC | razones materiales y objetivas | razones materiales y objetivas | Art. 8 (4) LC. | 2 | razones materiales y objetivas | Art. 8 (5) LC: Any FTC concluded for at least 6 months will automatically transform into a contract of indefinite duration after 2 renewals.<br/> | 24 | |
| 2018 | Malasia | Malasia | Asia | Y | Y | sin restricción | sin restricción | FTC: sec. 10 (1) EA and 11(1) EA.<br/>_______________<br/>- 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."<br/>- 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." | sin limitación | sin limitación | No statutory limitation found in the legislation reviewed. | sin limitación | ||
| 2025 | Malawi | Malawi | Africa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | No reasons specified in the EA.<br/>However, under Section 28(3) of the EA, where the purpose or effect of a contract of employment that is purported to be for a specified period of time or a specific task is the filling on a lasting basis of a post connected with the normal and permanent activity of an undertaking, it shall be deemed to be a contract of employment for an unspecified period of time. | sin limitación | sin limitación | No statutory limitation found in the legislation reviewed. | sin limitación | ||
| 2025 | Malí | Malí | Africa | Y | Y | ▶ Labour Code 1992<br/>→ Section L21 LC indicates that: Fixed-term employment contracts must be in writing. If there is no written contract, it is presumed to be for an indefinite term. A fixed-term contract may not exceed two years. A fixed-term contract concluded for the completion of a specific project is not subject to the aforementioned maximum limit, but in this case, it may not be renewed.<br/>▻ Fixed-term contracts of more than three months must be filed by the employer with the relevant labour inspectorate before any commencement of execution of the contract.<br/>→ Section L22 LC stipulates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company. | razones materiales y objetivas | razones materiales y objetivas | ▶ <b>Law No. 2017-021 of June 12, 2017 (LL 2017)</b><br/>Under Section L20 LL 2017, a worker may not renew a fixed-term contract with the same company more than twice. The initial contract does not count as a renewal.<br/>Continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an indefinite employment contract.<br/>The above provisions do not apply to:<br/>1) workers hired by the hour or by the day for short-term work not exceeding one day;<br/>2) seasonal workers hired for the duration of an agricultural, commercial, industrial, or craft campaign;<br/>3) workers hired to supplement staff to perform work arising from an increase in the company's activity;<br/>4) workers hired to provide temporary replacement for a company employee whose employment contract is legally suspended. <br/>5) to workers in companies operating in a sector of activity in which it is customary not to use permanent contracts due to the nature of the work performed by the worker and the inherently temporary nature of the job.<br/>▻ The list of these sectors of activity or jobs referred to in point 5 of the preceding paragraph is established by Arrêté of the Minister of Labour.<br/>▻ The conditions of employment of the aforementioned workers and the implementing procedures for this Section are established by decree.<br/>→ Section L22 LL 2017 indicates that: The fixed-term employment contract cannot have as its purpose the permanent filling of a position linked to the normal and permanent activity of the company.<br/>→ Section L23 LL 2017 stipulates that: It is prohibited to use a fixed-term contract within six months following a dismissal for economic reasons with regard to the positions eliminated as a result of this dismissal, unless the duration of the contract, which is not subject to renewal, does not exceed three months.<br/>▶ Regulatory text<br/>►<b> Arrêté No. 2024-4363/MTFPDS-SG of December 27, 2024, amending Arrêté No. 96-1566/MEFPT-SG of October 7, 1996, concerning the implementing procedures for certain provisions of the Labour Code (Arrêté No. 2024-4363).</b><br/>→ Under the <b>New Section A.20</b> (Arrêté No. 2024-4363), the sectors of activity in which fixed-term contracts may be concluded for jobs where it is customary not to use permanent contracts due to the nature of the work and the temporary nature of these jobs are as follows:<br/>- Forestry operations;<br/>- Ship repair;<br/>- Removals;<br/>- Entertainment;<br/>- Cultural activities;<br/>- Audio-visual media;<br/>- Information;<br/>- Leisure and holiday centres;<br/>- Professional sports;<br/>- Market research and survey activities;<br/>- Building and public works;<br/>- Socio-health activities;<br/>- Emergency or humanitarian aid activities;<br/>- Mineral exploration activities;<br/>- Mining development activities. | 3 | razones materiales y objetivas | ▷ The worker can not renew more than twice a fixed-term contract with the same company.<br/>▶ <b>Law No. 2017-021 of June 12, 2017 (LL 2017)</b><br/>→ Under Section L20 LL 2017, a worker may not renew a fixed-term contract with the same company more than twice. The initial contract does not count as a renewal.<br/>Continuation of services outside the case provided for in the preceding paragraph automatically constitutes the execution of an indefinite employment contract.<br/>The above provisions do not apply to:<br/>1) workers hired by the hour or by the day for short-term work not exceeding one day;<br/>2) seasonal workers hired for the duration of an agricultural, commercial, industrial, or craft campaign;<br/>3) workers hired to supplement staff to perform work arising from an increase in the company's activity;<br/>4) workers hired to provide temporary replacement for a company employee whose employment contract is legally suspended.<br/>5) to workers in companies operating in a sector of activity in which it is customary not to use permanent contracts due to the nature of the work performed by the worker and the inherently temporary nature of the job.<br/>▻ The list of these sectors of activity or jobs referred to in point 5 of the preceding paragraph is established by Arrêté of the Minister of Labour.<br/>▻ The conditions of employment of the aforementioned workers and the implementing procedures for this Section are established by decree. | 24 | |
| 2025 | Marruecos | Marruecos | Africa | Y | Y | Under Section 14 LC, a fixed-term contract must be in writing; otherwise, it is presumed to be an indefinite-term contract (CDI). | razones materiales y objetivas | razones materiales y objetivas | → Under Section 16 LC, a fixed-term employment contract can be used only in specific situations where an indefinite-term contract is not possible. These situations include:<br/>▻ Replacing an employee whose contract is suspended (excluding suspensions due to a strike),<br/>▻ A temporary increase in company activity, or <br/>▻ For seasonal work. <br/>Such contracts may also be used in specific sectors or exceptional cases defined by regulation after consultation with employer and worker organizations, or through a collective agreement. | 2 | razones materiales y objetivas | → Under Section 17 LC : <br/>▷ Non-agricultural sectors: <br/>When a business or new establishment is opened for the first time, or a new product is launched, a fixed-term contract can be concluded for a maximum of one year, renewable for an additional year. After this period, the contract automatically becomes an indefinite-term contract.<br/>▷ Agricultural sector: <br/>A fixed-term contract can be for a duration of six months, renewable, as long as the total duration does not exceed two years. After this period, the contract becomes an indefinite-term contract.<br/> | 24 | |
| 2025 | Mauritania | Mauritania | Africa | Y | Y | → Under Section 15 LC: Is considered fixed-term contract:<br/>1. Contract that the duration is defined precisely by the parties by means of a time unit;<br/>2. Contract with a term formed by a calendar date;<br/>3. Contract that the term is conditional on a future event and some whose date is not exactly known;<br/>4. Contract concluded for the execution of a specific work or the completion of a business whose duration cannot be precisely evaluated.<br/>▷ Note: Regarding trial period, section 11 LC provides that any contract which does not meet the conditions provided for in Section 9 (writing form) and 10 (trial period) must be considered as a definitive employment contract of fixed or indefinite duration, depending on what has been expressly agreed between the parties, in the event that the trial proves satisfactory.<br/>▶ Exception: Under section 18 LC, any fixed-term employment contract exceeding three months or requiring the worker to relocate away from their usual place of residence must be drawn up in writing (after a medical examination) and submitted for prior approval (“visa d’approbation”) by the Labour Inspector of the place of recruitment (or by the Director of Labour if the worker normally resides abroad).<br/>The approving authority shall grant the visa only after having:<br/>▻ obtained the prior agreement of the Labour Inspector at the place of work on the agreed working conditions;<br/>▻ verified the worker’s identity, free consent, and the contract’s compliance with applicable labour law;<br/>▻ confirmed that the worker is free from any other employment commitment;<br/>▻ ensured that the contract duration is clearly and unambiguously fixed;<br/>▻ read the contract to the parties and, if necessary, provided a translation.<br/> | sin restricción | sin restricción | → Under Section 16 LC, conditions of employment for fixed term contracts are fixed by decree after consultation with the National Council of Labour, Employment and Social Security. | 2 | sin restricción | → Under Section 16 LC, employers may not conclude with the same worker successively and without interruption, more than two fixed-term contracts or renew more than once an existing fixed-term contract. | 24 | |
| 2019 | México | México | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | The employment relationship may be for a specified piece of work or of specified duration, seasonal, or of unspecified duration. In the absence of any express stipulation, the relationship is to be deemed to be of unspecified duration. <br/>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). <br/>A contract of a specified duration may be made only in the following cases (art. 37, FLA): <br/>*where the nature of the work to be done so requires; <br/>*when the contract is to provide a temporary substitute for another employee; and <br/>*in the other cases provided for in this Act. <br/><br/>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). <br/><br/>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). <br/> | sin limitación | sin limitación | No statutory limitation. | sin limitación | ||
| 2017 | Moldova, República de | Moldova, República de | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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. | sin limitación | sin limitación | No statutory limitation. | 60 | ||
| 2017 | Mongolia | Mongolia | Asia | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 23 provides that an employment contract shall be either for a specified or an indefinite term.<br/>According to art. 23.2 LC, an contract can be concluded<br/>- for a permanent position for an indefinite term,<br/>- for a specified term agreed upon by the parties;<br/>- in the following cases: temporary replacement of a worker, seasonal or temporary work and probationary or training period in the case of an apprentice. | sin limitación | sin limitación | 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). | sin limitación | ||
| 2020 | Montenegro | Montenegro | Europa | Y | Y | The New Labour Act regulates fixed-term contracts through article 37 (1) An employment contract may exceptionally be concluded for a definite period of time, the termination of which is determined in advance by a deadline, the execution of a specific job or the occurrence of a specific event.<br/>Article 38 | razones materiales y objetivas | razones materiales y objetivas | See Article 37 (1) above. | sin limitación | sin limitación | The New Labour Act does not provide limitation for number of renewals, being implicit that as long as the lenght of the contract does not exceed 36 months, there is no limitation of renewals: Article 37 (2) An employer may not conclude one or more employment contracts with the same employee if their duration, continuously or intermittently, is longer than 36 months.<br/> | 36 | |
| 2025 | Mozambique | Mozambique | Africa | Y | Y | ▷ Fixed-term Employment Contract<br/>→ Section 41 of the Labour Law 2023 provides that: <br/>1. The fixed-term employment contract can only be signed for performing temporary tasks and for the necessary period. (...).<br/><br/>▷ Duration of Employment Relationship: <br/>→ Section 42 of the Labour Law 2023 indicates that: <br/>1. The employment contract may be concluded for an indefinite period, for a fixed or an uncertain term.<br/>2. An employment contract is presumed to be for an indefinite period if its duration is not specified. The employer can rebut this presumption by proving the temporariness or transitoriness of the tasks or activities that are the subject of the employment contract.<br/><br/>▷ Uncertain Terms Contracts and Temporary Contracts <br/>→ Under section 45 of the Labour Law 2023, reference is made to (Uncertain Term Contract) indicating that: The conclusion of an employment contract for an uncertain term is only admitted in cases where it is not possible to predict with certainty the period in which the cause justifying it ceases, especially in situations provided for in paragraph 2 of Article 41 of this Law [Signing of the Fixed-term Employment Contract].<br/><br/>▷ Usage Contract and Temporary Work:<br/>→ Section 89 (1) of the Labour Law 2023 indicates that: A usage contract is defined as the fixed-term service provision agreement between the temporary work employer and the user entity, by which the former commits, in return for payment, to make one or more workers temporarily available to the latter.<br/>→ Section 90 of the Labour Law 2023 indicates that: <br/>1. The usage contract can only be concluded to meet the temporary needs of the user.<br/>2. Temporary needs of the user include, among others:<br/>a) Direct or indirect replacement of a worker absent or temporarily prevented from providing service;<br/>b) Direct or indirect replacement of a worker in relation to whom a legal action for assessing the legitimacy of dismissal is pending;<br/>c) Direct or indirect replacement of a worker on unpaid leave;<br/>d) Replacement of a full-time worker who has shifted to part-time work;<br/>e) Needs arising from vacancies when a recruitment process for filling them is underway;<br/>f) Seasonal activities or other activities whose annual production cycle shows irregularities due to the structural nature of their market, including agriculture, agro-industry, and activities resulting from it;<br/>g) Exceptional increase in the company's activities;<br/>h) Execution of an occasional task or service that is not durable;<br/>i) Execution of a project, or another defined and temporary activity, including construction, public works, installations, and industrial repairs, under contract or direct management, including related projects and other complementary activities of control and monitoring;<br/>j) Provision of security services, maintenance, hygiene, cleaning, food, and other complementary or social services not included in the employer's regular activities;<br/>k) Development of projects, including design, research, direction, and supervision, not included in the regular activities of the user employer;<br/>l) Intermittent labour needs determined by fluctuations in activity during days or parts of the day, provided that the use does not exceed half of the normal working period practiced by the user on a weekly basis;<br/>m) Intermittent labour needs for direct family support of a social nature, during days or parts of the day.<br/>3. In addition to the situations outlined in paragraph 1 of this article, a usage contract for a determined period can be concluded in the following cases:<br/>a) Launching a new activity of uncertain duration, as well as the beginning of operations of a company or establishment;<br/>b) Hiring young workers. | razones materiales y objetivas | razones materiales y objetivas | ▷ Fixed Term Contracts:<br/>→ Section 41 of the Labour Law 2023 provides for fixed-term employment contracts:<br/>1. The fixed-term employment contract can only be signed for performing temporary tasks and for the necessary period.<br/>2. Temporary needs include, among others:<br/>a) the replacement of a worker who, for any reason, is temporarily unable to perform their activity;<br/>b) the execution of tasks that respond to an exceptional or abnormal increase in production;<br/>c) the performance of seasonal activity;<br/>d) the execution of activities that do not aim to satisfy the permanent needs of the employer;<br/>e) the execution of a work, project, or another specific and temporary activity, including the execution, management, and supervision of construction works, public works, and industrial repairs, on a contract basis;<br/>f) the provision of services in activities complementary to those mentioned above, including subcontracting and outsourcing of services;<br/>g) the execution of non-permanent activities.<br/>3. Permanent needs of the employer are considered to be vacancies provided for in the staff framework of the company or those that, even if not provided for in the staff framework, correspond to the normal cycle of production or operation of the company.<br/><br/>▷ Uncertain Term Contract:<br/>→ Section 45 of the Labour Law 2023 indicates that: The conclusion of an employment contract for an uncertain term is only admitted in cases where it is not possible to predict with certainty the period in which the cause justifying it ceases, especially in situations provided for in paragraph 2 of Article 41 of this Law.<br/><br/>► Exception: Micro, small, and medium-sized employers may freely conclude fixed-term contracts in the first eight years of their activity (§ 43 (3) of Labour Law 2023). | 2 | razones materiales y objetivas | → Section 43 of the Labour Law 2023 (Limits to fixed-term contract) indicates that: <br/>1. A fixed-term employment contract is concluded for a period not exceeding two years and may be renewed twice by mutual agreement of the parties, without prejudice to the regime for micro, small, and medium-sized employers.<br/>2. A fixed-term employment contract in which the maximum duration periods or the number of renewals provided for in paragraph 1 are exceeded is considered as concluded for an indefinite period. The parties may opt for the regime provided for in paragraph 4 of this article.<br/>3. Micro, small, and medium-sized employers may freely conclude fixed-term contracts in the first eight years of their activity.<br/>4. The conclusion of fixed-term contracts outside the cases, especially provided for in Article 41 of this Law, or in violation of the limits provided for in this article, converts them into contracts for an indefinite period.<br/><br/>► Exceptions: <br/>▻ To promote youth employment, section 242 of the Labour Law 2023 on "Youth contractual regime" introduces an exception to the general limit for the renewal of fixed-term contracts of employment, which provides that: <br/>1. With a view to promoting employment, the freedom to use fixed-term employment contracts for newly qualified young people is enshrined.<br/>2. Fixed-term employment contracts concluded with job applicants can be freely renewed, not exceeding the maximum limit of eight years of consecutive work for the same employer under this regime, except in the cases provided for in Article 43 of this Law.<br/>▻ Also, under section 43 (3) of the Labour Law 2023, Micro, small, and medium-sized employers may freely conclude fixed-term contracts in the first eight years of their activity.<br/> | 72 | |
| 2025 | Namibia | Namibia | Africa | N | N | razones materiales y objetivas | razones materiales y objetivas | 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. | sin limitación | sin limitación | sin limitación | |||
| 2019 | Nicaragua | Nicaragua | Americas | Y | Y | FTCs are regulated by articles 25, 26 and 27 of Labour Code.<br/>Article 25. The employment relationship or individual contract can be for a determined or indeterminate time.<br/>Article 26. The employment contract is presumed to be concluded for an indefinite period, except when:<br/>a) when the parties agree on a deadline;<br/>b) when the term for the performance of the work or service is a function of their duration;<br/>c) in the case of seasonal or cyclical work without prejudice to the provisions of collective agreements.<br/>Article 27 provides that if a workers keeps working for the same employer for at least 30 days after the term of FTC, the contract will be considered for indefinite term. | sin restricción | sin restricción | Article 26. The employment contract is presumed to be concluded for an indefinite period, except when:<br/>a) when the parties agree on a deadline;<br/>b) when the term for the performance of the work or service is a function of their duration;<br/>c) in the case of seasonal or cyclical work, respecting any provisions of collective agreements. | 2 | sin restricción | Article 27 of Labour Code provides that the contract or employment relationship is considered for an indefinite period when it does not have a term. Likewise, when the term of the contract has expired for a specified time and the worker continues to provide his services for an additional thirty days, or when the term of his second extension has expired, continue working or extend it again. | sin limitación | |
| 2025 | Níger | Níger | Africa | Y | Y | Rules governing the use of FTCs are outlined in Sections 47 and 58-63 of the LC. | razones materiales y objetivas | razones materiales y objetivas | ▷ No list of specific reasons for resorting to a 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 an indefinite period. (see Sections 58 and 63 LC).<br/>→ Section 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.<br/> | 2 | razones materiales y objetivas | ▷ Fixed-Term Employment Contracts<br/>→ Section 60 LC does not refer to an unlimited number of renewals and limits the maximum number of successive FTCs to two, providing that "a fixed-term contract with a specified duration can be concluded for a maximum period of 2 years, renewable once.<br/>▷ Unspecified Employment Contracts<br/>→ Contracts of a limited duration but with an unspecified term (seasonal work, temporary replacement of a worker, temporary increase in volume of work) can, however, be renewed without any limitation (Section 62 LC).<br/>▷ Note: Before 2012, under the former LC, Section 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. | 48 | |
| 2025 | Nigeria | Nigeria | Africa | N | N | ▻ Employment contracts are governed by the contract law (common law). That means that, according to the principle of freedom of contract, the conditions and terms of the contract depend on the will of the parties.<br/>▻ The LA only provides that the date of expiry of the fixed-term contract must be specified, and other things in the written contract of employment, which shall be given to the employee no later than three months after the beginning of employment (sec. 7(1)d) LA).<br/>▻ In addition, the common law position that contracts for a fixed term or fixed amount of work expire according to their terms is codified in Section 9(7)(a) of the LA. There are no further statutory regulations of fixed-term contracts. <br/> | sin restricción | sin restricción | Not specified in the LA. | sin limitación | sin limitación | No statutory regulations providing for limitations on the number of renewals. | sin limitación | |
| 2019 | Noruega | Noruega | Europa | Y | Y | Art. 14-9 (1) WEA states the following: <br/>An employee shall be appointed permanently. Temporary employment may nevertheless be agreed upon:<br/>a) when the work is of a temporary nature<br/>b) for work as a temporary replacement for another person or persons,<br/>c) for work as a trainee,<br/>d) for participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service,<br/>e) for athletes, coaches, referees and other leaders within organised sports"<br/>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.<br/> | sin restricción | sin restricción | 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.<br/><br/>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.<br/> | sin limitación | sin limitación | 36 | ||
| 2019 | Nueva Zelandia | Nueva Zelandia | Asia | Y | Y | razones materiales y objetivas | razones materiales y objetivas | See sec. 66 ERA on fixed-term employment:<br/>- According to 66 ERA, an employee and an employer may agree that the employment of the employee will end:<br/>(a) at the close of a specified date or period; or<br/>(b) on the occurrence of a specified event; or<br/>(c) at the conclusion of a specified project.<br/>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.<br/>- Sec. 66(3) ERA provides that the following reasons are not genuine reasons: <br/>(a) to exclude or limit the rights of the employee under the ERA<br/>(b) to establish the suitability of the employee for permanent employment:<br/>(c) to exclude or limit the rights of an employee under the Holidays Act 2003.<br/><br/> | sin limitación | sin limitación | No statutory limitations. However, the employer must have genuine reasons based on reasonable grounds for resorting to fixed-term (art. 66(2)a) ERA). | sin limitación | ||
| 2019 | Países Bajos | Países Bajos | 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. | Europa | Y | Y | Art. 7:668, Art. 7:668a and Art. 7:667 CC.<br/> | sin restricción | sin restricción | 3 | sin restricción | 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).<br/><br/>For persons, who have reached the legal retirement age, up to 6 consecutive FTCs are permissible.<br/><br/>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.<br/> | 24 | |
| 2019 | Panamá | Panamá | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 75 LC: The duration of a contract for a specified period is valid only:<br/>* where the nature of the work performed so permits;<br/>* 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<br/>* in the other cases provided for in the LC.<br/> | sin limitación | sin limitación | No statutory limitation on renewals provided that the total duration does not exceed 1 year. <br/>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.<br/> | 12 | ||
| 2019 | Paraguay | Paraguay | Americas | Y | Y | According to article 49, the employment contract can be: of a determined term, for an indefinite time or for a specific work or service. In the absence of an express term, the duration of the contract shall be understood to be that established by custom or for an indefinite period. <br/>The contract concluded for a specified time may not exceed one year for the workers or five years for the employees, and shall conclude by the expiration of the agreed term. <br/>However, any fixed-time contract is subject to express or tacit extension. It will be in the latter way, due to the fact that the worker continues to provide his services after the expiration of the term, without opposition from the employer. The contract for specific works or services will last until the total execution of the one or until the total provision of the others.<br/><br/> | razones materiales y objetivas | razones materiales y objetivas | See above article 49, which provides the possibility for a fixed-term contract for specific work and service. | sin limitación | sin limitación | Articles 49 provides that as many renewals are possible might be tacit or expressed, within the maximum duration alloweed by law for fixed-term contracts. | 60 | |
| 2019 | Perú | Perú | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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:<br/>1) Temporary reasons (art. 54 LPCL):<br/>* commencement or launching of a new activity (max. duration of FTC: 3 years)<br/>* increase in market demand (max. duration of FTC: 5 years)<br/>* restructuring of the enterprise in response to the replacement, modification, extension or, in general, any technological change (max. duration of FTC: 2 years)<br/>2) Incidental reasons (art. 55, LPCL):<br/>* transitory needs different from the normal activity (max. duration: 6 months in one year), <br/>* replacement of a worker (max. 5 years) <br/>* emergency contract to cover needs arising from an unforeseen event or force majeure (duration of emergency and max. 5 years)<br/>3) Specific piece of work or service (sec. 56, LPCL): <br/>* performance of a specific piece of work or service (max. 5 years)<br/>* intermittent service contract (max. 5 years)<br/>* seasonal contracts (max. 5 years)<br/>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). <br/> | sin limitación | sin limitación | No limitation on the number of FTC, as long as the duration of the employment relationship does not exceed 5 years (art. 74 LPCL). | 60 | ||
| 2019 | Polonia | Polonia | Europa | Y | Y | 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. | razones materiales y objetivas | razones materiales y objetivas | Not clearly established in the Labour Code.<br/>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." <br/>Hence, objective grounds justifying the conclusion of FTC must be provided in the contract if the following types of contracts have been concluded:<br/>1) for the replacement of the temporary absent employee;<br/>2) in order to perform casual or seasonal work;<br/>3) in order to replace a worker during the term of office;<br/>4) if the employer indicates the objective reasons on his part for using a fixed-term employment. | 3 | razones materiales y objetivas | Maximum cumulative duration of FTCs is 33 months and maximum number of successive FTCs is 3 (Article 25-1, para. 1, LC). <br/>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).<br/>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:<br/>1) for the replacement of the temporary absent employee;<br/>2) in order to perform casual or seasonal work;<br/>3) in order to replace a worker during the term of office;<br/>4) if the employer indicates the objective reasons on his part for using a fixed-term employment <br/>-- 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. | 33 | |
| 2019 | Portugal | Portugal | Europa | Y | Y | 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). <br/><br/>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 long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC). It is no longer possible to use as a reason for FTC the fact that the worker is first jobseeker (previously, these were part of the set of reasons accepted as lawful). | razones materiales y objetivas | razones materiales y objetivas | 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. <br/><br/><b>Article 140 LC - Admissibility of a fixed-term employment contract</b>:<br/>1 - The contract of fixed-term work can only be concluded to satisfy the temporary need of the company and for the period strictly necessary to satisfy this need.<br/>2 - In particular, the temporary need of the company is considered:<br/>a) Direct or indirect substitution of a worker who is absent or who is temporarily prevented from working for any reason;<br/>b) Direct or indirect substitution of a worker in respect of whom an action for appraisal of the lawfulness of dismissal is pending in court;<br/>c) Direct or indirect substitution of a worker on leave without remuneration;<br/>d) Substitution of a full-time worker who is engaged in part-time work for a specified period;<br/>e) Seasonal or other activity whose annual production cycle presents irregularities due to the structural nature of the corresponding market, including the supply of raw material;<br/>f) Exceptional increase in the company's activity;<br/>g) Execution of an occasional task or determined service, precisely defined and not lasting;<br/>h) Execution of a definite and temporary work, project or other activity, including the execution, direction or supervision of civil construction, public works, assembly and industrial repairs, under works or direct administration, as well as the corresponding projects or complementary monitoring and control activity.<br/>3 - Notwithstanding the provisions of paragraph 1, only an indefinite term contract may be concluded in a situation referred to in any of paragraphs a) to c) or e) to h) of the preceding paragraph.<br/>4 - In addition to the situations provided for in paragraph 1, a fixed-term contract may be concluded for:<br/>a) Launch of new activity of uncertain duration, as well as start of work of company or establishment belonging to a company with less than 750 employees;<br/>b) Employment of employees in search of first employment, long-term unemployment or other employment in special employment policy legislation.<br/>5 - It is up to the employer to prove the facts that justify the conclusion of a fixed-term contract.<br/>6 - Violation of the provisions of any of paragraphs 1 to 4 represents a very serious administrative offense. | 3 | razones materiales y objetivas | <b>New in 2019</b>:<br/><b>FTCs of certain and uncertain terms </b> may only be renewed <b>three times </b>(art. 148(1) LC) and their duration shall not exceed 2 years for regular FTCs, or 4 years for FTCs with uncertain time.<br/>Art. 182 LC, as amended by law 93/2019: A <b>temporary fixed-term contract </b> shall not be subject to the limit of Article 148 LC and, as long as the supporting reason remains, may be renewed up to <b>six times.</b><br/>A fixed-term temporary employment contract entered into to replace an absent worker, without the employer being responsible for his absence -- namely in cases of illness, accident, parental leave and other similar situations -- is not subject to the limit of renewals. | 48 | |
| 2019 | Reino Unido | Reino Unido | Europa | Y | Y | FTCs are regulated by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER]. | sin restricción | sin restricción | sin limitación | sin limitación | 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)). <br/>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). | 48 | ||
| 2013 | República Arabe Siria | República Arabe Siria | Estados Árabes | Y | Y | Art. 50 and 54 LL | sin restricción | sin restricción | Art. 50 LL. | sin limitación | sin limitación | Art. 54 LL. | 60 | |
| 2025 | República Centroafricana | República Centroafricana | Africa | Y | Y | Under the Labour Code, fixed-term contracts (FTC) refer to any contract that ends upon the arrival of the term fixed by the parties, in writing, at the time of its conclusion (§ 3 LC)<br/>→ Section 102 LC indicates that: The employment contract may be concluded for:<br/>- a fixed term;<br/>- an indefinite term | sin restricción | sin restricción | ▷ No valid reasons are listed in the LC for the conclusion of fixed term contracts with a specified term.<br/>▷ However, Section 108 LC provides that FTC with an unspecified term can be concluded:<br/>- to temporarily replace a worker;<br/>- to carry out seasonal work;<br/>- in the event of unusual activity of the enterprise.<br/>→ Section 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. | sin limitación | sin limitación | ▷ Under the Labour Code, FTCs with a specified term ("contrats de travail à terme précis") can be renewed without any limitation provided that the total cumulative duration does not exceed 2 years. Also, FTCs with an unspecified term (in the event of seasonal work, temporary replacement of a worker, temporary increase in volume of work) can be renewed without any limitation (§§ 103, 107 and 109 LC).<br/>→ Section 103 LC indicates that: Any fixed-term employment contract in writing, not containing a specific end date, fixed at its conclusion, or concluded for a period exceeding two (02) years, is deemed to be of indefinite duration.<br/>→ Section 107 LC states that: Fixed-term employment contracts are renewable without limitation, provided that the maximum duration does not exceed two (2) years. Beyond this period, the fixed-term employment contract becomes an indefinite-term contract. The renewal must be recorded in writing, or it is void.<br/>→ Section 109 LC stipulate that: Fixed-term contracts with unspecified term (à terme imprécis) date may be renewed without limitation in number and without change in their nature. | 24 | |
| 2019 | Rumania | Rumania | Europa | Y | Y | Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)<br/> | razones materiales y objetivas | razones materiales y objetivas | Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:<br/>a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;<br/><b>b) temporary increase and/or modification of the employer's work structure</b>. [<u>previously</u>: temporary increase of the employer's activity];<br/>c) performance of a seasonal activity;<br/>d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;<br/>e) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;<br/>f) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;<br/>g) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;<br/><b>e) in other cases explicitly provided in special laws or for the development of works, projects or programmes.</b> <br/> | 3 | razones materiales y objetivas | Art. 82(3),(4), (5) LC:<br/>(3) The individual fixed term employment contract can be also extended in circumstances provided in art. 83 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work. <br/>(4) The same parts can sign successively no more than 3 individual employment contracts on fixed term. <br/>(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.<br/><br/> | 36 | |
| 2019 | Rusia, Federación de | Rusia, Federación de | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Article 59 of the Labour Code lists the cases where the use of fixed-term contracts are authorised | sin limitación | sin limitación | Article 58 of the Labour Code | 60 | ||
| 2019 | Rwanda | Rwanda | Africa | Y | Y | Art. 11 LL provides that an employment contract can be for a fixed term or indefinite. | sin restricción | sin restricción | The LC does not require any valid reason for the use of FTC. | sin limitación | sin limitación | sin limitación | ||
| 2017 | Santa Lucía | Santa Lucía | Americas | Y | Y | sin restricción | sin restricción | sin limitación | sin limitación | However, note Section 12 (5) Labour Act: Where the purpose or effect of a contract of employment that is purportedly for a specified period of time or for a specified task is the filling of a post connected with the normal and permanent activity of the enterprise for a period of over two years of continuous employment as defined under this Code, it shall be deemed a contract without reference to limit of time. | sin limitación | |||
| 2025 | Senegal | Senegal | Africa | Y | Y | Chapter 3 of the LC (Sections L. 41- L. 48) provides for the regulation of the FTC (Contrat de Travail à Durée Déterminée - CDD). | razones materiales y objetivas | razones materiales y objetivas | No statutory limitation on valid reasons (§ L. 41 LC).<br/>However, under Section L. 46 LC, an employer is prohibited from using a CDD for a position that was eliminated in the previous six months due to economic reasons, unless the new contract is for a non-renewable period of less than three months. | 2 | razones materiales y objetivas | Section L. 42 (1) LC: No more than two successive fixed-term contracts with the same employer.<br/>However, Sections L. 42 and L. 43 of the LC establish exceptions to this rule for certain categories of workers (agricultural workers, dockers, and some seasonal workers), which are governed by specific regulations, and for certain temporary activities.<br/>In addition, FTCs concluded for a specified piece of work are not subject to duration limitations, but they cannot be renewed (§ L. 44 LC). | 48 | |
| 2019 | Serbia | Serbia | Europa | Y | Y | Article 37 (1) of Labour Code:<br/><br/>An employment contract may be concluded for a definite period of time, for establishment of employment whose duration is predetermined by objective reasons that are justified by the time period or execution of a certain chore, or occurrence of a specific event, during existence of those reasons. | razones materiales y objetivas | razones materiales y objetivas | See above article 37 (1) | sin limitación | sin limitación | Article 37 only provides limitation of maximum cumulative duration, being silent on the number of successive contracts. | 24 | |
| 2019 | Singapur | Singapur | Asia | N | N | sin restricción | sin restricción | Termination of contract<br/>Art. 9 EA.—(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.<br/>(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.<br/> | sin limitación | sin limitación | No statutory limitation in the legislation reviewed. | sin limitación | ||
| 2019 | Sri Lanka | Sri Lanka | Employment contracts are governed by common law. There are no provisions on fixed-term contract or probationary period in the legislation. <br/>With regards to termination of employment, the IDA and the TEWA define "worker" broadly and do not distinguish between probationary and fixed-term workers. | Asia | N | N | sin restricción | sin restricción | No statutory limitation. | sin limitación | sin limitación | No statutory limitation. | sin limitación | |
| 2025 | Sudáfrica | Sudáfrica | Africa | N | N | There are no provisions in the LRA on the conditions for concluding FTCs. However, renewals of FTCs are dealt with in relation to the definition of dismissal (sec. 186 (1) b) "Dismissal means that an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it".<br/> | sin restricción | sin restricción | No statutory limitation. | sin limitación | sin limitación | 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. | sin limitación | |
| 2025 | Sudán | Sudán | Africa | Y | Y | → Section 29(1) LA indicates that: The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work.<br/><br/> | sin restricción | sin restricción | → Section 29(1) LA indicates that: The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work. | 2 | sin restricción | → Section 29(2) LA indicates that: The duration of a definite period contract shall not exceed two years, and it may be renewed only once in the same enterprise. Such a new period shall be considered continuous with the previous service. If the worker continues in service after the renewal period, he/she shall be deemed to have contracted for an indefinite period. | 24 | |
| 2017 | Suecia | Suecia | Europa | Y | Y | sin restricción | sin restricción | 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.<br/><br/>FTC for the purpose of 'general fixed-term employment' can be concluded with no valid reason.<br/> | sin limitación | sin limitación | 24 | |||
| 2019 | Suiza | Suiza | Europa | Y | Y | Art. 334 CO. | sin restricción | sin restricción | However, existence of safeguards.<br/>1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.<br/>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). | sin limitación | sin limitación | However, existence of safeguards.<br/>1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.<br/>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). | sin limitación | |
| 2019 | Tanzania, República Unida de | Tanzania, República Unida de | 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)) | Africa | Y | Y | sin restricción | sin restricción | Article 14(b) ELRA provides for the possibility to conclude "a contract for a specified period of time for professionals and managerial cadre".<br/><br/>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. | sin limitación | sin limitación | sin limitación | ||
| 2019 | Tayikistán | Tayikistán | Europa | Y | Y | Update as of 2016: Modalities of FTCs are prescribed in Art. 25 LC. <br/>- Art. 25(6) states that the LC prohibits fixed term employment contract to evade guarantees and compensations provided for workers.<br/>- Further, Art. 25 (7) states that after the end of the FTC, unless either of the parties ask for termination of labour relationships, the contract will be considered non-fixed term. <br/> | razones materiales y objetivas | razones materiales y objetivas | Art. 25 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. <br/>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. | sin limitación | sin limitación | 12 | ||
| 2019 | Thailandia | Thailandia | Asia | Y | Y | 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. <br/>Art. 17/1 LPA deals with termination without prior notice. | razones materiales y objetivas | razones materiales y objetivas | 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.<br/>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.<br/> | sin limitación | sin limitación | No limitation on the maximun number of FTCs. <br/>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." | 24 | |
| 2019 | Túnez | Túnez | Africa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 6-4(1) LC: FTCs can be concluded in the following instances:<br/>- undertaking new work;<br/>- extraordinary increase of workload;<br/>- temporary replacement of a permanent worker who is absent for work or whose contract has been suspended;<br/>- implementing urgent safety measures;<br/>- carrying out seasonal work or other similar activities.<br/><u>However</u>, art. 6-4(2) LC states that <b>FTCs can be concluded in situations other than the ones above-listed</b>, upon agreement between the parties, <b>provided the maximum duration does not exceed 4 years (including renewals)</b>.<br/>____________________________________<br/>L'article 6-4 du Code du travail dispose que le contrat de travail à durée déterminée peut être conclu dans les cas suivants :<br/>- l'accomplissement de travaux de premier établissement ou de travaux neufs ;<br/>- l'accomplissement de travaux nécessités par un surcroît extraordinaire de travail ;<br/>- le remplacement provisoire d'un travailleur permanent absent ou dont le contrat de travail est suspendu ;<br/>- 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 ;<br/>- 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.<br/><br/><u>Toutefois</u>, 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 <b>n’excède pas quatre ans y compris ses renouvellements</b>." | sin limitación | sin limitación | - Art. 6-4(1) LC: <b>FTCs concluded for valid reasons</b>: <b>no limitation on the number of renewals</b> and on the maximum duration set out by the law.<br/>Art. 6-4(2) LC: <b>FTCs concluded in other cases</b>, upon agreement of the parties: <u>no limitation on the number of renewals provided that the maximum cumulative duration of successive FTCs does not exceed 4 years</u>. | 48 | ||
| 2019 | Turkmenistán | Turkmenistán | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 18 LC | sin limitación | sin limitación | 60 | |||
| 2019 | Türkiye | Türkiye | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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.<br/>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. | sin limitación | sin limitación | No limitation provided that there is an essential reason for each renewal (art. 11 LA). | sin limitación | ||
| 2019 | Ucrania | Ucrania | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Part two, Article 23 CLL of Ukraine allows using fixed-term employment agreement only when labour relations cannot be established for an indefinite term considering the character of the work to be done or its conditions or the worker's interests, and in other cases provided for by law. | sin limitación | sin limitación | According to Article 39 CLL, if labour relations actually continue after expiration of the employment agreement and none of the parties demands their termination, validity of such agreement is deemed as extended for an indefinite term. Labour agreements that were re-concluded for one or more times, except as provided for by part two, Article 23 CLL, are deemed as extended for an indefinite term. | sin limitación | ||
| 2025 | Uganda | Uganda | ▷ Note: While FTCs are unregulated, Courts may reclassify long/repeated FTCs as indefinite if they appear permanent in nature (though not statutory). | Africa | N | N | ▷ No regulation on the use of FTCs in the EA (reasons, duration, numbers). <br/>▷ The only reference to FTCs is contained in Section 65 in relation to the definition of termination of employment. Section 65(1)b) provides that termination shall be deemed to take place "where the contract of service, being a contract for a fixed term or tasks, ends with the expiry of the specified term of the completion of the specified task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee".<br/><u>Note:</u><br/>The Employment regulations of 2011 do not regulate the use of FTCs. They do however contain provisions on specific categories of temporary employees, namely casual employee, those performing work and task work. (Reg. 39, 40, 41 of ER 2011).<br/>- Casual employees: max. 4 months. If engaged continuously for 4 month, a casual employee ceases to be a casual employee and all rights and benefits enjoyed by other employees shall apply to him/her (Reg. 39).<br/>- Piece work: max: 3 months unless the person has a contract (Reg. 40)<br/>- Task work: an employer may require an employee to perform his/her work on the basis of a daily task which shall be an amount of work, which can reasonably be performed in a day of not more than eight working hours. | sin restricción | sin restricción | No statutory provision was found in the legislation reviewed. | sin limitación | sin limitación | No statutory provision was found in the legislation reviewed. | sin limitación |
| 2019 | Uruguay | Uruguay | Americas | Y | Y | There is no statutory regulation. Collective agreements and jurisprudence provide that FTCs are only permitted for objective or material reasons, when the task to be performed is of limited duration. | sin restricción | sin restricción | sin limitación | sin limitación | sin limitación | |||
| 2019 | Uzbekistán | Uzbekistán | Europa | Y | Y | razones materiales y objetivas | razones materiales y objetivas | Art. 76 LC provides that fixed-term contracts may be concluded:<br/>- 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;<br/>- 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;<br/>- in other cases as stipulated by law. | sin limitación | sin limitación | 60 | |||
| 2019 | Venezuela, República Bolivariana de | Venezuela, República Bolivariana de | Americas | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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). <br/><br/>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. <br/>If an FTC is done under other circumstances, it will be considered null.<br/> | 2 | razones materiales y objetivas | 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. | 12 | ||
| 2011 | Viet Nam | Viet Nam | Asia | Y | Y | razones materiales y objetivas | razones materiales y objetivas | 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.<br/> | 2 | razones materiales y objetivas | 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. | 72 | ||
| 2013 | Yémen | Yémen | Estados Árabes | Y | Y | sin restricción | sin restricción | There are no statutory limitations with regard to the use and the renewal of fixed term contract.<br/>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. | sin limitación | sin limitación | There are no statutory limitations with regard to renewal of fixed term contract in the LC.<br/>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. | sin limitación | ||
| 2025 | Zambia | Zambia | Africa | Y | Y | → Under section 3 of ECA 2019: “long-term contract” means a contract of service for—<br/>(a) a period exceeding twelve months, renewable for a further term; or<br/>(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.<br/><br/>→ Under section 19 (1)of ECA 2019: A contract of employment may take one of the following forms:<br/>(a) a permanent contract;<br/>(b) a contract for a long-term;<br/>(c) a contract for a specific task;<br/>(d) a contract for a probationary period not exceeding 3 months.<br/>(2) Subject to sections 52 and 53, a permanent contract may be terminated by either party.<br/>(3) A contract for a specified period of time shall automatically expire on the date specified for its expiration and notice shall not be required for its expiration at that time, except that expiration before the specified period shall be done in accordance with the provisions of this Act.<br/>(4) A contract to perform a specific task shall terminate on the completion of the task required without the requirement for a notice of termination by either party.<br/>(5) A contract of employment may provide for a probationary period in accordance with this Act.<br/><br/>→ Sections 20 and 21 of ECA 2019 provide for "Oral contract"<br/>§ 20 - In the absence of any agreement to the contrary, an oral contract of employment shall be a contract for the period by reference to which wages are calculated, except that where wages are calculated by reference to any period of less than a day, then, in the absence of any agreement to the contrary, the oral contract shall be a daily contract.<br/>§ 21(1) - A party to an oral contract of employment for a period not exceeding one month shall, where that person continues in employment after the expiry of the term of the contract, be presumed to have entered into a new oral contract for a further period of one month and be subject to the same terms and conditions as those of the expired contract.<br/>(2) This section does not apply to a —<br/>(a) contract expressed to be terminable without notice;<br/>(b) contract specifically expressed to be a long-term contract and not renewable; and<br/>(c) daily contract where the wages are paid daily.<br/> | sin restricción | sin restricción | ⇔ Note that there is a thin difference between the categories of “casual employee”, “short-term” worker and “temporary employee”.<br/><br/>→ Under section 3 of ECA 2019:<br/>▻ “Short-term” means a period not exceeding twelve months; <br/>▻ “Temporary employment” means employment under a contract of employment where a person is engaged to do relief work in the absence of a substantive employee; <br/>▻ “Casual employee” means a person employed to perform casual work and whose terms of engagement provide for payment at an hourly rate, including casual loading, payable at the end of each day and is not engaged for a period exceeding 24 hours at a time; <br/>▻“Casual work” means work that—<br/>(a) is not permanent in nature; or<br/>(b) is capable of being carried out in a period of less than six months; and<br/>▻“Seasonal employment” means employment under contract of employment where the timing and duration of the contract is influenced by seasonal factors including climate, agricultural or business peak cycle. | sin limitación | sin limitación | There is no maximum number of successive FTCS. <br/>⇔ Note sec. 21 of ECA 2019 provides for the renewal of an oral contract not exceeding 1 month:<br/>§ 21 (1) A party to an oral contract of employment for a period not exceeding one month shall, where that person continues in employment after the expiry of the term of the contract, be presumed to have entered into a new oral contract for a further period of one month and be subject to the same terms and conditions as those of the expired contract.<br/>(2) This section does not apply to a —<br/>(a) contract expressed to be terminable without notice;<br/>(b) contract specifically expressed to be a long-term contract and not renewable; and<br/>(c) daily contract where the wages are paid daily.<br/><br/>→ In addition, section 22 (1) of ECA 2019 requires written contracts: Where an employer engages an employee for a period of six months or more or for a number of working days equivalent to six months or more within a year, the contract of employment shall be in writing.<br/> | 24 | |
| 2025 | Zimbabwe | Zimbabwe | Note: Besides the Labour Act [Chapter 28:01], Section 12(3), which limits fixed-term contracts for casual workers to less than 6 weeks in any 4-month period, the limits on fixed-term contracts (e.g., number of renewals or duration) are primarily set by industry-specific Collective Agreements, such as SI 67/2017 (Agriculture: 6 renewals) and SI 54 of 2016 (Tourism: 4 years). | Africa | Y | Y | As a general rule, under section 12 (2)(b) of the Labour Act, "an employer shall, upon engagement of an employee, inform the employee in writing of the period of time, if limited, for which the employee is engaged."<br/>▷ Section 12 (3a) of the Labour Act empowers the Minister of Public Service, Labour and Social Welfare, or various sectors of industry, to agree through Collective Agreements to the maximum period of renewal of a fixed-term contract before it graduates into a contract without limit of time.<br/>Section 12 (3a) of the Labour Act indicates that: "A contract of employment that specifies its duration or date of termination, including a contract for casual work or seasonal work or for the performance of some specific service, shall, despite such specification, be deemed to be a contract of employment without limitation of time upon the expiry of such period of continuous service as is—<br/>(a) fixed by the appropriate employment council; or<br/>(b) prescribed by the Minister, if there is no employment council for the undertaking concerned, or where the employment council fixes no such period".<br/><br/>• Collective Agreements: The industry sectors have used Collective Agreements to regulate the use of fixed-term contracts. For instance:<br/>▶ Statutory Instrument 67 of 2017 - [CAP. 28:01]- Collective Bargaining Agreement in the Agricultural Industry provides that: "a fixed-term Contract shall be for a duration of nine months, renewable six times (to give a total of 4.5 years) with benefits provided for in the CBA, beyond which the worker shall become permanent".<br/>▶ Statutory Instrument 54 of 2016-[CAP. 28:01]-Collective Bargaining Agreement: Tourism Industry (General Conditions), paragraphs 1 and 2 indicate that: <br/>1. "A fixed term contract of employment shall be deemed to be a contract of employment without limit of time upon the expiry of four years of continuous service;".<br/>2. "Continuous service shall be deemed to be broken only by death, resignation, retirement or discharge of the employee concerned: Provided that-<br/>(i) a seasonal employee who is re-engaged by the same employer within two years shall be deemed not to have broken his or her continuous service; and<br/>(ii) a fixed term contract employee who is re-engaged by the same employer within two months shall be deemed not to have broken his or her continuous service".<br/><br/>▷ Remarks: under the Labour Amendment Act, 2023, section 18A on Contracts for hourly work indicates that: <br/>(1) No employer shall engage an employee on terms that the employee will be paid only for the hours that such employee actually works—<br/>(a) on terms that prohibit such employee from being employed by another employer or on his or her own account, during the hours when he or she is not working for the first mentioned employer;<br/>(b) if the effect of such contract is that in any consecutive period of two months the employee earns less that the minimum remuneration or wage fixed in a collective bargaining agreement as the minimum rate of remuneration or minimum wage for the undertaking or industry, and grade and type of occupation governed by that collective bargaining agreement, in which event the employee concerned shall be entitled to be paid the difference between what he or she has earned in that period of two months and one month’s remuneration or wage;<br/>(c) if such contracts are prohibited by the collective bargaining agreement governing the undertaking, industry and grade and type of occupation. | razones materiales y objetivas | razones materiales y objetivas | There is no general statutory cap on the number or duration of fixed-term contracts under labour legislation, but renewals must be based on genuine temporary needs. Unfair dismissal applies to fixed-term contracts if an employee had a legitimate expectation of being re-engaged and another person was engaged instead of the employee (Section 12B(3)(b) of the Labour Act). | sin limitación | sin limitación | No maximum number of successive fixed-term contracts (FTCs) is explicitly set in Zimbabwe’s labour legislation. However, renewals have to be justified by temporary needs, and the maximum number of renewals varies under industry-specific Collective Agreements. For instance: <br/>▻ Under the Statutory Instrument 67 of 2017-[CAP. 28:01]- Collective Bargaining Agreement: Agricultural Industry: "A Fixed Term Contract shall be for a duration of nine months, renewable six times (to give a total of 4.5 years) with benefits provided for in the CBA, beyond which the worker shall become permanent". <br/>▻ Statutory Instrument 54 of 2016-[CAP. 28:01]-Collective Bargaining Agreement: Tourism Industry (General Conditions): 1. "A fixed term contract of employment shall be deemed to be a contract of employment without limit of time upon the expiry of four years of continuous service;". | sin limitación |