Principle
When it is concluded, the assignment contract must include a precise contractual period.
Exceptions
An assignment contract may not include a precise contractual period when it is concluded in the following circumstances:
- to replace an absent employee or one whose employment contract is suspended for a reason other than a collective labour dispute or to replace an employee whose post has become vacant before the entry into service of his successor;
- for posts of a seasonal nature;
- for posts for which in certain sectors of activity it is consistent practice not to use contracts of indeterminate duration by reason of the nature of the activity carried on or the inherently temporary nature of that employment.
Where in such cases the assignment contract does not specify a precise contractual period, it must be concluded for a minimum period and will end when the absent employee ceases to be prevented from working or the purpose for which it was concluded has been achieved.
Examples
In the event of the replacement of an absent employee: The assignment contract runs from 1 June in the year x and expires upon the return of X, residing at [...) at present incapable of work until 30 September in the year x. The contract is concluded for a minimum period of 4 months.
Nota Bene
An assignment contract concluded in breach of those provisions is deemed to be of indeterminate duration.