Duration of successive fixed-term contracts and replacement contracts: now limited to 2 years

The law of 20.03.2023 limits the total duration of the succession of one or more fixed-term employment contracts (or for a well-defined job) and one or more replacement contracts in principle to 2 years.

This law, which follows a judgment of the Constitutional Court of 17 June 2021, comes into force on 08.05.2023.

Duration of the succession: 2 years maximum

Rule

The total duration of the succession of one or more fixed-term employment contracts (or for a well-defined job) and one or more replacement contracts concluded between the same parties hall not exceed 2 years.

Please note! For the application of this maximum period, the replacement contract that follows the succession of fixed-term contracts (or contracts for a well-defined job) does not have to be taken into account once, if these fixed-term contracts (or contracts for a well-defined job) are justified by the nature of the work or other legitimate reasons (art. 10 of the law of 3 July 1978 on employment contracts); furthermore, the total duration of the succession (fixed-term contracts (or contracts for a well-defined job) and replacement contracts) shall not, in any case, exceed 3 years.

Penalty when exceeding the limit

If the succession of one or more fixed-term contracts (or contracts for a well-defined job) and one or more replacement contracts has a duration of more than 2 years, the contract is subject to the same conditions as employment contracts concluded for an indefinite term.

Exception

The maximum limit of 2 years does not apply if there is an interruption between the fixed-term contract(s) (or contract(s) for a well-defined job) and the replacement contract(s) that is attributable to the employee.

Maintaining the current rules

The maximum limit of 2 years applicable in the case of a succession of one or more fixed-term contracts (or contracts for a well-defined job) and one or more replacement contracts does not affect:

• the principle according to which the succession of fixed-term contracts (or contracts for a well-defined job) is prohibited, except in the cases provided for in articles 10 and 10bis of the Law of 3 July 1978;
• the principle according to which the total duration of a replacement contract or successive replacement contracts shall not exceed 2 years, except in the cases provided for in article 11ter of the law of 3 July 1978 and in article 104 of the recovery law of 22 January 1985 containing social provisions.

Entry into force

The law of 20.03.2023 applies to employment contracts concluded as from 08.05.2023.

Please note! In the event of a succession of one or more fixed-term contracts (or contracts for a well-defined job) and one or more replacement contracts between the same parties, the contracts concluded before 08.05.2023 and successively preceding the contract concluded from 08.05.2023 onwards shall be taken into account.

Source: Law of 20.03.2023 amending the law of 3 July 1978 on employment contracts with a view to limiting the duration of successive fixed-term employment contracts and replacement contracts, Belgian Official Gazette, 28.04.2023.