Employment contracts are generally not required to be written, but certain forms of employment contract should be in writing (notably fixed-term contracts, part-time contracts and temporary employment contracts). The employer should provide the employee with a written statement of the essential terms governing the employment relationship. Oral fixed-term contracts are unequivocally deemed to be indefinite-term contracts and oral part-time contracts are deemed full-time contracts.
Indefinite-term contracts should contain the following information:
- identification of the parties;
- the employee’s job title or a description of their duties;
- working time;
- the employee’s compensation;
- the place of work;
- the employment start date;
- the length of the probationary period;
- the holiday entitlement;
- the applicable CBA.
Fixed-term contracts should contain the same information as indefinite-term contracts and, in addition, fixed-term contracts should specify:
- the reason why the company is using a fixed-term contract;
- the date on which the contract is to end, or its minimum duration if an exact termination date has not been fixed; and
- the name and job description of the absent employee, if the reason for using a fixed-term contract is to replace a temporarily absent employee.
In addition to the general requirements for employment contracts listed above, part-time contracts should state the following:
- that the contract is for part-time work;
- the employee’s working hours;
- any conditions relating to possible changes in working hours; and
- the amount of overtime permitted according to statute or the relevant cba.
Further, since the law of June 2013 on the security of employment, part-time contracts must be of a minimum duration of 24 hours per week unless an exception applies (for example branch agreements, at the request of the employee in order to address a personal situation or to undertake various work activities, students under 26, certain employers and intermediary associations). Moreover, part-time working hours have been rendered more flexible, as remuneration may now be modified with major modifications (hours exceeding 10% of the contractual hours) to be approved by a branch agreement, and with the possibility of temporarily increasing the contractual working time of a part-time worker, again with approval through a branch agreement. Finally, where 1/3 of the company’s workforce is employed part-time, companies now have the obligation to negotiate part-time working arrangements.