Coronavirus: successive FTC in the critical sectors

To enable employers in the critical sectors to hire extra employees in a flexible manner, the Special Powers Decree No. 14 of 27 April 2020 allows them, under certain conditions, to conclude successive fixed-term employment contracts.

Rule

If the employer and the employee have concluded several successive fixed-term employment contracts, they are deemed to have entered into an employment contract for an indefinite period, subject to the derogations provided for in the Employment Contract Act of 3 July 1978.

'Covid-19' derogation

Special Powers Decree No. 14 provides for a new derogation from this rule in the context of the fight against the spread of Covid-19.

Successive fixed-term employment contracts may indeed be concluded between the same parties without, however, constituting an employment contract for an indefinite period if the following conditions are met:

• the employer is part of a critical sector; 'critical sector' refers to the companies and institutions belonging to the crucial sectors and essential services as determined in the Ministerial Decree of 23 March 2020 on urgent measures to limit the spread of the coronavirus COVID-19;
• the duration of each employment contract is a minimum of 7 calendar days;
• successive fixed-term contracts are concluded during the period from 1 April 2020 to 30 June 2020.

Please note! The validity conditions of the fixed-term employment contract have not been changed (mandatory written document drawn up no later than the time at which the employee starts employment, etc.)

Source: Special Powers Decree No. 14 of 27 April 2020 implementing Article 5, § 1, 5°, of the Act of 27 March 2020 authorising the King to take measures in the fight against the spread of the coronavirus COVID-19 (II) to safeguard a smooth work organisation in the critical sectors, Belgian Official Gazette, 28 April 2020.