Student: how to terminate a contract?

What happens when the student you have hired does not live up to your expectations? Do you have to wait until the end of the student's contract, or can you terminate the contract before that date?

Several cases are possible.

Termination of the contract during the probation period

As a reminder, for student employment contracts starting as from 1 January 2014, the first 3 working days are automatically regarded as probation period.

Until the expiration of this period, each of the parties may terminate the contract without notice nor compensation.

Successive probation periods are prohibited if the student is employed in the same position under successive student employment contracts.

Note - No formalities are required to terminate the student employment contract during the probation period. However, we advise you to confirm the termination of the employment relation in writing. 

Termination of the contract during the probation period

Once the probation period has expired, either you or your student may terminate the contract by giving notice.

The duration of the period of notice depends on whether the duration of employment is maximum one month or is longer than 1 month. The duration of a month is calculated from date to date.

The length of the notice period is determined as follows:

• if the duration of employment is maximum one month, the period of notice shall be 3 days in the event of dismissal and one day in the event of resignation;
• if the duration of employment is longer than one month, the period of notice shall be 7 days in the event of dismissal and one day in the event of resignation.

Remark - The notice period must be served in accordance with the rules applicable to ordinary employment contracts. This notice period begins on the Monday following the week in which the notice was given.

Termination of the contract after 7 uninterrupted calendar days of incapacity

If the student is ill for more than 7 uninterrupted calendar days, you may terminate the contract after the 7th day of illness, but in this event, you will have to pay compensation equal to the remuneration corresponding to the notice period or the part of this period still to run.

Example - A student is bound by a student employment contract from 31 July to 29 September 2024. On 19 August 2024, the student will provide you with a medical certificate covering the period from 19 to 31 August 2024. You may terminate the contract, subject to payment of 7 calendar days' compensation, on 26 August 2024 at the earliest (i.e. after 7 uninterrupted calendar days of incapacity).

Remark - You may nevertheless terminate the contract before the expiry of the 7 uninterrupted calendar days of incapacity, subject to payment of compensation. You must then justify the termination of the employment relationship on grounds unrelated to the student's illness, otherwise you risk being accused of unfair dismissal!

Note!

If there is no written contract, if certain compulsory information is missing from the contract or if you fail to complete the Dimona declaration, the student may terminate the contract at any time without compensation or notice.

Furthermore, if there is no written contract, or if the contract's start and end dates, working hours or reference to the applicable timetable in the work rules are missing, you must comply with the rules applicable to employment contracts concluded for an indefinite period. This means that if you terminate the contract, you will have to give the normal notice period, unless you can prove that the lack of information on working hours or reference to the applicable work schedule in the work rules does not cause any harm to the student.

For information on hiring a student, see our infoflash on concluding a student contract.

Source: articles 120 to 130ter of the law of 3 July 1978 on employment contracts.