D1b5 - What is the maximum duration of a fixed-term contract?

The duration of the contract may not, for one and the same employee, exceed 24 months, including renewals.

A contract of a seasonal nature may not be concluded for a period exceeding 10 months in the same period of 12 successive months, including renewals.

In the case of a fixed term

A contract concluded for a fixed term must include a precisely determined duration as soon as it is entered into.

Examples

An employment contract is concluded for a fixed period of 6 months. It starts to run on 1 June in the year X and comes to an end on 30 November in the year X.

Where there is no fixed term

A CDD may not include a specifically determined term where it is entered into in the following cases:

  • to replace an absent employee;
  • for posts of a seasonal nature;
  • for posts for which the consistent practice is 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 contract does not specify a precise term, it must be concluded for a minimum period and it 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 employment 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.

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