Works Contract

An employment contract entered into for the performance of a project whose duration cannot be accurately estimated is treated as a fixed-term contract.

Examples include: building sites, the construction of bridges, roads or buildings, and the deployment of humanitarian workers in camps for displaced persons until the populations return, etc.

A contract for specific work is not subject to any minimum duration requirement (24 months) but is non-renewable. It continues until the completion of the work covered by the contract, with employees leaving gradually.

It is not subject to notice requirements towards the end of the project, as the work may be delayed for various reasons.

However, whilst the works are in progress, employees are entitled to notice in accordance with their pay grade should they leave the company, except in cases of serious or gross misconduct, in particular thefts on site, which are frequent.

But what about employees whose performance does not match their qualifications? 

It is always necessary to use probationary periods to avoid being ‘cheated’.

BEWARE of the employment relationship being reclassified as a permanent contract if the name of the company, the construction site or the project are not specified.

Jargon

Site or project contract: A site or project contract allows you to:

• recruit employees to carry out a specific project or set of works for which you do not know the end date in advance;
• terminate the employment of the relevant employees upon the actual completion of the project.