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In order to ensure the proper organization of work during the COVID-19 pandemic, it will be possible, in care and education and under certain conditions, to conclude successive fixed-term employment contracts.
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.
The Act of 18 July 2021 provided for an additional derogation to this rule until 30 September 2021.
This derogation will be reintroduced from 1 January 2022 until 31 March 2022.
Please note! The measure still has to be published in the Belgian Official Gazette.
Update! The Act of 14 February 2022 was published on 9 March 2022. The measure has been confirmed.
In practice, it will be possible to conclude successive fixed-term employment contracts between the same parties without, however, constituting an employment contract for an indefinite period if the following conditions are met:
Note - Care sector is understood to mean:
The employee will have the right to terminate these employment contracts without notice.
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.).
The employer who uses this measure will have to:
The discussion is placed on the agenda of the meeting each month for as long as the measure is used and, for the last time, at the meeting following the end of the use.
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