CHAPTER IV - THE LABOUR CONTRACT
SECTION I - SIGNING AND EXECUTION OF A LABOUR CONTRACT Article 65
A labour contract establishes working relations between the worker and the employer. It is subject to ordinary law and can be made in a form that is agreed upon by the contracting parties.
It can be written or verbal. It can be drawn up and signed according to local custom. If it needs registering, this shall be done at no cost.
The verbal contract is considered to be a tacit agreement between the employer and the worker under the conditions laid down by the labour regulations, even if it is not expressly defined.
Article 66
Everyone can be hired for a specific work on the basis of time, either for a fixed duration or for an undetermined duration.
Article 67
1. A labour contract signed with consent for a specific duration must contain a precise finishing date.
2. The labour contract signed with consent for a specific duration cannot be for a period longer than two years. It can be renewed one or more times, as long as the renewal does not surpass the maximum duration of two years.
Any violation of this rule leads the contract to become a labour contract of undetermined duration.
3. Sometimes, this contract may have an unspecified date when it is drawn up for:
- replacing a worker who is temporarily absent;
- work carried out during a season; and
- occasional periods of extra work or a non-customary activity of the enterprise.
This duration is then finished by:
- the return to work of the worker who was temporarily absent or the termination of his labour contract;
- the end of the season; and
- the end of the occasional period of extra work or of the non - customary activity of the enterprise.
4. At the signing of the contract, the employer must inform and clarify the worker of the eventually sensitive issues and the approximate duration of the contract.
5. Contracts without a precise date can be renewed at will as many times as possible without losing their validity.
6. Contracts of daily or hourly workers who are hired for a short-term job and who are paid at the end of the day, the week or fortnight period, are considered to be contracts of fixed duration with an unspecified date.
7. A contract of a fixed duration must be in writing. If not, it becomes a labour contract of undetermined duration.
8. When a contract is signed for a fixed period of or less than two years, but the work tacitly and quietly continues after the end of the fixed period, the contract becomes a labour contract of undetermined duration.
Article 68
A contract for a probationary period cannot be for longer than the amount of time needed for the employer to judge the professional worth of the worker and for the worker to know concretely the working conditions provided. However, the probationary period cannot last longer than three months for regular employees, two months for specialised workers and one month for non-specialised workers.
The round trip travel costs incurred by a worker during the probationary period wh en working far from his habitual residence are to be covered by the employer.
Article 69
Within the framework of his contract, the worker shall perform all of his professional activities for the enterprise. Primarily, he must do the work for which he is hired, and perform it by himself with due care and attention.
However, outside working hours, the worker can engage in any professional activities that are not in competition with the enterprise for which he works or that are not harmful to the agreed process of performance, unless there is an agreement to the contrary.
Article 70
Any clause of a contract that prohibits the worker from engaging in any activity after the expiration of the contract is null and void.
CHAPTER IV - THE LABOUR CONTRACT
SECTION I - SIGNING AND EXECUTION OF A LABOUR CONTRACT Article 65
A labour contract establishes working relations between the worker and the employer. It is subject to ordinary law and can be made in a form that is agreed upon by the contracting parties.
It can be written or verbal. It can be drawn up and signed according to local custom. If it needs registering, this shall be done at no cost.
The verbal contract is considered to be a tacit agreement between the employer and the worker under the conditions laid down by the labour regulations, even if it is not expressly defined.
Article 66
Everyone can be hired for a specific work on the basis of time, either for a fixed duration or for an undetermined duration.
Article 67
1. A labour contract signed with consent for a specific duration must contain a precise finishing date.
2. The labour contract signed with consent for a specific duration cannot be for a period longer than two years. It can be renewed one or more times, as long as the renewal does not surpass the maximum duration of two years.
Any violation of this rule leads the contract to become a labour contract of undetermined duration.
3. Sometimes, this contract may have an unspecified date when it is drawn up for:
- replacing a worker who is temporarily absent;
- work carried out during a season; and
- occasional periods of extra work or a non-customary activity of the enterprise.
This duration is then finished by:
- the return to work of the worker who was temporarily absent or the termination of his labour contract;
- the end of the season; and
- the end of the occasional period of extra work or of the non - customary activity of the enterprise.
4. At the signing of the contract, the employer must inform and clarify the worker of the eventually sensitive issues and the approximate duration of the contract.
5. Contracts without a precise date can be renewed at will as many times as possible without losing their validity.
6. Contracts of daily or hourly workers who are hired for a short-term job and who are paid at the end of the day, the week or fortnight period, are considered to be contracts of fixed duration with an unspecified date.
7. A contract of a fixed duration must be in writing. If not, it becomes a labour contract of undetermined duration.
8. When a contract is signed for a fixed period of or less than two years, but the work tacitly and quietly continues after the end of the fixed period, the contract becomes a labour contract of undetermined duration.
Article 68
A contract for a probationary period cannot be for longer than the amount of time needed for the employer to judge the professional worth of the worker and for the worker to know concretely the working conditions provided. However, the probationary period cannot last longer than three months for regular employees, two months for specialised workers and one month for non-specialised workers.
The round trip travel costs incurred by a worker during the probationary period wh en working far from his habitual residence are to be covered by the employer.
Article 69
Within the framework of his contract, the worker shall perform all of his professional activities for the enterprise. Primarily, he must do the work for which he is hired, and perform it by himself with due care and attention.
However, outside working hours, the worker can engage in any professional activities that are not in competition with the enterprise for which he works or that are not harmful to the agreed process of performance, unless there is an agreement to the contrary.
Article 70
Any clause of a contract that prohibits the worker from engaging in any activity after the expiration of the contract is null and void.
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