57. Fixed-term contract: Not signed

A fixed-term contract must be in writing. Otherwise, the contract is reclassified as an open-ended contract. The courts also consider that, if one of the parties to the contract has not signed it, the contract is deemed not to have been entered into…

It must be in writing. It must contain certain mandatory details, in particular:

• A precise definition of the reason for entering into this fixed-term contract (replacement of an employee, temporary increase in business activity, seasonal employment);
• The name and professional qualifications of the person being replaced, where the contract is entered into to replace an employee;
• The end date of the contract and, where applicable, a renewal clause where the contract has a fixed term;
• The duration of any trial period provided for. Note: Some consider that a fixed-term contract should not include a trial period;
• The amount of remuneration and its various components, including bonuses and other pay supplements where applicable, etc.  

In the absence of these details, the contract is deemed to have been concluded for an indefinite period.

A written contract is required both for the initial fixed-term contract and for any renewal, regardless of the reason for the fixed-term contract.

The absence of a written contract will result, upon the employee’s request to the labour inspectorate, in the fixed-term contract being reclassified as a contract of indefinite duration.

A fixed-term contract must be signed; otherwise, it is deemed not to have been drawn up in writing.  

If the signature of one of the parties to the contract is missing, the contract is not considered to have been drawn up in writing. And the absence of a written contract results in the fixed-term contract being reclassified as a contract of indefinite duration (CDI).

In the absence of a signature, the fixed-term contract cannot be regarded as having been drawn up in writing and is therefore deemed to have been concluded for an indefinite period.

The courts do not reclassify a fixed-term contract where the absence of a signature results from the employee’s deliberate decision not to sign their contract, though this must be proven.

NB: A fixed-term contract that has not been countersigned by the labour inspector is also reclassified as a permanent contract (CDI).