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Conclusion of an open-ended employment contract (permanent)

Verified 26 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)

An open-ended contract (permanent contract) is an unlimited-term contract, concluded on a full-time or part-time basis, between an employer and an employee.

The recruitment process should not be discriminatory.. Recruitment methods must be made known to the candidate.

Candidate Selection

The employer has the right to request information to the candidate in order to assess his or her professional skills, qualifications and abilities.

This information must be directly related to the job and the position to be filled.

Applicant Information

Candidates applying for a job must be informed in advance of the methods and techniques used to assist recruitment (e.g. tests, recruitment firm).

The results obtained must be kept confidential.

The full-time CDI is not necessarily the subject of a written contract. The part-time CDI must be written.

In most cases, regardless of the scheduled working time, a written contract of employment is signed and then responds to certain legal requirements..

Please note

in the absence of a written commitment, a full-time CDI is presumed to exist.

Formalism

When written, the CDI must be written in French.

If the employment which is the subject of the contract can only be designated by a foreign term without a corresponding person in French, the employment contract shall include an explanation in French of the foreign term.

If the employee is a foreigner, a translation of the contract must be written in the employee's language at his request.

Warning  

if the employee is under 18 years of age, he can sign his contract only after authorization from his legal representative (father, mother or guardian).

Content

The content of a CDI is free unless the collective agreement provides for mandatory particulars.

In practice, the CDI should provide for:

  • Identity and address of parties
  • Function and professional qualification
  • Workplace
  • Working time
  • Compensation (salary and bonuses)
  • Paid Leave
  • Duration of test period
  • Notice of breach of contract
  • Possibly one non-competition clause or mobility

The CDI is concluded without a time limit.

The CDI break is possible in compliance with legal and treaty provisions .

The employee or the employer may terminate the contract of employment without any specific justification and without compensation during the test period..

The contract may also be suspended without being interrupted in certain cases (e.g. sickness, maternity leave, exceptional leave, strike ...).