D2b3 - May a student contract for pupils and students be concluded orally?

The contract between the employer and the pupil or student must be concluded:

  • In writing;
  • No later than the start date of employment.

The contract must be drawn up in writing and provided by the employer to the pupil or student:

  • In paper format; or
  • In electronic format, provided that:
    • The pupil or student has access to it;
    • It can be saved and printed; and
    • The employer retains proof of its transmission or receipt.

In the absence of a written contract, the recruitment is deemed to be under an employement contract; proof to the contrary is not possible.

An employer is required to forward to the Inspectorate of Labour and Mines (ITM) a copy of the contract within 7 days following the commencement of work.

Nota Bene

It should be noted that the student contract is a specific type of contract and is not considered an employment contract.

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