Should I get a fixed-term contract or a permanent contract?
Every day, a crucial question.
A clear and concrete answer every day.
Excerpt from the book "50 Answers to Our Entrepreneurs", written by François Cattin, founder of the Group Les Experts Unis.
The book was completely updated and rewritten last September.
The fixed-term contract must be justified by a legal reason for its use: absence of an employee, increased activity, seasonal employment, etc.
However, pay attention to the trial period. For fixed-term contracts with an initial duration of 6 months or less: the trial period is one day per week, up to a maximum of 2 weeks (e.g., for a 2-week fixed-term contract, the trial period will be a maximum of 2 days); For fixed-term contracts with an initial duration of more than 6 months: one month.
In the context of a permanent contract: the probationary period is governed by collective agreements.
Examples of probationary periods in permanent employment contracts:
Construction worker, saleswoman: Two months.
Hospitality (CHR): 2 months for employees, 3 months for supervisors, 4 months for managers
Except in cases of serious misconduct, it is impossible to terminate a fixed-term contract after the short trial period.
Expert advice:
Instead of a long fixed-term contract of 4 or 5 months: Wouldn't it be better to offer a permanent contract?
Of course, I'm not talking about very seasonal fixed-term contracts.
But when your company is growing, a permanent contract allows for a longer trial period, easier recruitment, and no end-of-contract bonus.
Since the law on capping compensation in labor courts (maximum 1 month of gross salary, if the company has fewer than 10 employees and seniority is less than 1 year): the risk of termination of the employment contract is much lower.