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Types de contrats de travail


Allemagne - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Sec. 622 (3) CC

Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Sec. 14 (1) Part-Time and Fixed-Term Employment Act (2011) [PTFTEA].
      However, objective and material reasons are not required for the conclusion of a contract for a term not exceeding 2 years. Within this time frame, the contract can be renewed 3 times (sec. 14 (2) PTFTEA). For newly founded enterprises, this time limit is up to 4 years.
      Similarly, no justification is required for the conclusion of fixed-term contracts with employees over 52 years old.
  • Nombre maximum de CDD successifs: 4
    Remarks:
    • The extent of limitation in the number of successive depends on whether or not there is an objective reason for resorting to FTC:
      * If there is an objective reason for each successive contract, it can be renewed without any limitation.
      * FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).
  • Durée cumulée maximum de CDD successifs: 24 mois
    Remarks:
    • The extent of limitation on the maximum cumulative duration depends on whether or not there is an objective reason for resorting to FTC:
      * If there is an objective reasons for each successive contract, there is no limitation for renewing such FTC.
      * FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).
      For newly founded enterprises, this time limit is up to 4 years.
  • % de travailleurs sous CDD: 13.2 %
    Remarks:
    • Source: Eurostat, as of second semester 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Arménie - 2018    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.

Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 95 LC regulates fixed-term contracts of employment (Article 95 amended by HO-117-N of 24.06.10, LA-96-N dated 22.06.15)

      Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts)
  • Nombre maximum de CDD successifs: aucune limitation
  • Durée cumulée maximum de CDD successifs: aucune limitation
    Remarks:
    • Art. 95 LC

Autriche - 2016    

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Durée maximale de la période d'essai: 1 mois

Remarks:
  • 1 month for white-collar workers: see sec. 19 White-collar Employees Act.
    Note: The probationary period for blue collar workers is governed by collective agreements. However, secondary sources refer to 1 month as being the maximum trial period.
    (See Eurofound: http://www.eurofound.europa.eu/emire/AUSTRIA/ANCHOR-PROBEARBEITSVERH-AUML-LTNIS-AT.htm)

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : aucune limitation pour le premier CDD
    Remarks:
    • No specific reason required for resorting to a FTC for the first time.
      See however OECD employment protection legislation database, Austria, 2013: "a succession of FTC will automatically result in an open-ended employment contract of indeterminate length unless objective and material reasons can be shown to justify the need to renew a fixed-term contract", (available at www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm).
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • Subject to courts' ruling on the lawfulness of chain contracts.
  • Durée cumulée maximum de CDD successifs: aucune limitation
    Remarks:
    • Subject to courts' ruling on the lawfulness of chain contracts.
  • % de travailleurs sous CDD: 7.9 %
    Remarks:
    • Source: Eurostat, as of third trimester 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Azerbaïdjan - 2019    

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Durée maximale de la période d'essai: 3 mois

Remarks:
  • Art. 51 LC

Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 45 and 47 LC
  • Durée cumulée maximum de CDD successifs: 5 année(s)
    Remarks:
    • Art. 45 LC

Belgique - 2019    

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Durée maximale de la période d'essai: 0 jour(s)

Remarks:
  • The distinction between the maximum probationary periods of blue-collars and white-collars workers has been abolished from 1 January 2014 with the 2013 Law introducing a single status between blue-collars and white-collars workers with regard to notice periods.

    Accordingly, the parties to an employment contract can no longer provide for a probationary period in a contract of employment concluded after 1 January 2014. Should such a clause be introduced, it would be considered invalid and void. Transitional measures apply to clauses concerning probationay periods included in contracts concluded before 1 January 2014.

    However, probationary period may still apply to student occupation contracts as well as to contracts governed by the Act of 24 July 1987 on temporary work.

    Further information: http://www.emploi.belgique.be/defaultTab.aspx?id=41845

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : aucune limitation pour le premier CDD
    Remarks:
    • Art. 10 ECA
      However, the employer will be requested to prove that he has objective and material reasons for issuing a FTC only when FTC have been concluded successively without any interruption imputable to the worker.
  • Nombre maximum de CDD successifs: 4
    Remarks:
    • Art. 10 bis (2) ECA
  • Durée cumulée maximum de CDD successifs: 36 mois
    Remarks:
    • According to Art. 7 of the Collective Agreement N° 108 , 2013, temporary working contracts for workers who replace other workers, which have been terminated, can only be issued for 6 months, with the possibility to renew the contract for another 6 months. According to Art. 5 and 6 of the said agreement, temporary employment of workers to meet production peaks or to execute special tasks can only be issued for 1 month (3 months for special tasks). Renewals are possible but they have to be justified separately for each renewal and have to be registered with the public authorities.

      See: CONVENTION COLLECTIVE DE TRAVAIL N° 108 DU 16 JUILLET 2013 RELATIVE AU TRAVAIL TEMPORAIRE ET AU TRAVAIL INTÉRIMAIRE

      Section I - Remplacement temporaire d’un travailleur dont le contrat de travail a pris fin

      Article 7
      § 1er
      . En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé donné avec préavis et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

      § 2. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

      § 3. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin autrement que par congé donné avec préavis ou par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant
      cours à la fin du contrat. Des prolongations d'une durée totale maximale de six mois sont toutefois possibles.

      § 4. Les dispositions de cette section ne s'appliquent pas au travail intérimaire pour les entreprises qui ressortissent à la Commission paritaire n° 124 de la construction.
  • % de travailleurs sous CDD: %
    Remarks:
    • Eurostat, for the year 2017 (still no data available)
      The figure refers to the percentage of employee of total number of employee with a contract of limited duration (= temporary job).
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Bulgarie - 2016    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 70 LC

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Fixed Term Contracts are regulated in the Art. 68 LC which states the following:
      (1) An employment contract for a fixed term shall be concluded:
      1. for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise;
      2. until completion of some specified work;
      3. for substitution for an employee who is absent from work;
      4. for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination.
      5. (New SG, No.25/2001) for a certain mandate, where such has been specified for the respective body.
      (2) (New SG, No. 48/2006) Employees with a temporary contract under par. 1 have the same rights and obligations as employees under an employment contract for an indefinite time. They can not be put in a disadvantage only because time-sensitive nature of their employment compared to employees under an employment contract for an indefinite time, performing the same or similar work in the enterprise, unless the law sets the benefit of some rights depending on the qualification or skills acquired. Employees on fixed-term contracts can not be placed in a less favorable position compared to other employees who work on contract for an indefinite time.
      (3) (New SG No. 48/2006) Fixed term employment contract pursuant to paragraph (1), sub-paragraph 1 shall be concluded for execution of temporary, seasonal or short-term works and activities, as well as with newly hired
      employees in enterprises that have been declared bankrupt or in liquidation.
      (4) (New SG No. 48/2006) As an exception, a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of
      temporary, seasonal or short-term nature. Such an employment contract may also be concluded for a shorter
      period upon request in writing by the employee. In such cases the fixed term employment contract under
      paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work
      only once for a period of at least one year.
      (5) (New SG No. 48/2006) An employment contract under paragraph (1), sub-paragraph 1, concluded in violation
      of paragraphs (3) and (4), shall be deemed concluded for an indefinite period of time.
      (6) (SG No. 7/2012) Fixed term contract for a long-term mission may be concluded for a position designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service.
      (7) (SG No. 48/2006, SG No. 7/2012) An employer shall provide timely written information to employees on fixed term contracts about job locations and positions that can be filled by contract for an indefinite time, in order to provide them with the opportunity for permanent employment. Such information shall be provided to the representatives of trade unions and representatives of employees under Art. 7, para. 2.
      (8) (SG No. 48/2006, Sg No. 7/2012) If possible, the employer shall take measures to facilitate the access of employees on temporary contracts to vocational training to improve their skills and opportunities for career and transferring to another job.
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • According to the LC fixed term contract shall be concluded for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise - for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation (Art 68.1.1 and Art. 68.3 LC).
      Also, fixed term contract can be concluded until completion of some specified work (art.68.1.2), for substitution for an employee who is absent from work (Art.68.1.3), for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination (Art. 68.1.4).

      In 2012, the amendment SG No. 7/2012 allows fixed term contract to be concluded for a long-term mission designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service (Art. 68.6 LC).

  • Nombre maximum de CDD successifs: 1
    Remarks:
    • General rule: no renewal.

      However art. 68 (4) LC provides for exceptions stating that a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. According to the same article, such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.
  • Durée cumulée maximum de CDD successifs: 36 mois
    Remarks:
    • Art. 68.1.1 LC provides for 36 months as a maximum duration of successive fixed term contracts.
  • % de travailleurs sous CDD: 3.5 %
    Remarks:
    • Source: Eurostat, for the year 2016:
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Chypre - 2012    

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Durée maximale de la période d'essai: 24 mois

Remarks:
  • Sec. 3 and 9 TEA.
    The requirement on notice period and on compensation for unfair dismissals do not apply for the first 26 weeks (6 months) of the contract. This period can be extended to 104 weeks (24 months) if this was agreed in writing by both parties at the time the contract of employment was concluded.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : aucune limitation
    Remarks:
    • Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.


  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.
  • Durée cumulée maximum de CDD successifs: aucune limitation
    Remarks:
    • Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.
  • % de travailleurs sous CDD: 15.3 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Danemark - 2010    

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Durée maximale de la période d'essai: 3 mois

Remarks:
  • - There is no general legislation regarding probationary periods in Denmark. For salaried employees (white-collar employees) however, a probationary period of up to three months may be agreed. This period cannot be extended. During the probationary period both parties are entitled to terminate the employment contract by giving 14 days of notice.
    - Sec. 2 (5) ESEA provides that: "if the employer can substantiate that the engagement is on probation and that the employment relationship does not exceed a period of three months, termination on the part of the employment may take place given a period of notice of at least 14 days¿

Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Sec. 1 (4) ESEA, refers to "objective criteria such as reaching a specific date, completing a specific task or the occurrence of a specific event".
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.
  • Durée cumulée maximum de CDD successifs: aucune limitation
    Remarks:
    • No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.
  • % de travailleurs sous CDD: 8.4 %
    Remarks:
    • Source: Eurostat, annul average for 2010.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Espagne - 2019    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Durée cumulée maximum de CDD successifs: 24 mois
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % de travailleurs sous CDD: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Estonie - 2017    

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Durée maximale de la période d'essai: 4 mois

Remarks:
  • Art. 86 ECA

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Arts 9 and 10 ECA.
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 9 ECA: It is presumed that employment contracts are made for an unspecified period. A fixed-term contract may be made for up to five years if it is justified by good reasons arising from the temporary fixed-term characteristics of the work, especially a temporary increase in work volume or performance of seasonal work. A FTC may also be concluded for the replacement of an employee who is temporarily absent.

      New in 2012
      The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, an employment contract may be entered into for a specified term also if it is justified by the temporary characteristics of the work in a user undertaking. (Art. 9 ECA)
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • Art. 10 ECA: If an employee and an employer have on more than two consecutive occasions entered into a fixed-term employment contract for similar work or extended the fixed-term contract more than once in five years, the employment relationship shall be deemed to have been entered into for an unspecified term from the start. Entry into fixed-term employment contracts shall be deemed consecutive if the time between the termination of one employment contract and entry into the next employment contract does not exceed two months.

      New in 2012
      The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, the restriction on consecutive entry into or extension of an employment contract for a specified term provided for in subsection (1) of art. 10 shall be applied to every user undertaking separately (Art. 10.2 ECA)
  • Durée cumulée maximum de CDD successifs: 10 année(s)
    Remarks:
    • Arts. 9 and 10 ECA: A fixed term employment contract can be entered into not longer than 5 years and such contract can only be renewed once. Therefore the maximum cumulated duration of successive fixed term contracts is 10 years (5+5 years).
  • % de travailleurs sous CDD: 3.4 %
    Remarks:
    • Source: Eurostat, for the year 2014.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Finlande - 2019    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Sec. 4, chap. 1 ECA.
    The probation period can be prolonged retroactively if the employee has been unable to work for at least 30 days during the probation period. In case of a fixed-term contract, the probation period can not be longer than half the duration of the contract. Collective bargaining agreements can stipulate shorter probation periods. The employer must notify the employee of such if they exist.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Sec. 3, chap. 1 ECA: "justified reason".
      Sec 3a, chap 1 ECA: A fixed term contract with a worker who has been unemployed for at least 1 year is possible without a “justified reason” for a maximum duration of 1 year, with the possibility to renew the contract for 1 additional year.
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • Although there are no statutory limitations on the number of successive contracts, the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1 ECA).
      New since 1 January 2011:
      Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
      Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
      "It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
      "The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."
  • Durée cumulée maximum de CDD successifs: aucune limitation
    Remarks:
    • No statutory limitation on the maximum cumulative duration of successive FTCS. However the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1, ECA).
      New since 1 January 2011:
      Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
      Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
      "It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
      "The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."
  • % de travailleurs sous CDD: 15.6 %
    Remarks:
    • Source: Eurostat, as of third trimester 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

France - 2012    

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Durée maximale de la période d'essai: 8 mois

Remarks:
  • Art. L 1221-19 LC & L. 1221-21 LC: max. 4 months renewable once.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • See art. L 1242-1 LC to L. 1242-4 LC.
      Art L 1242-2 LC: exhaustive list of situations when the use of FTC is authorized.
  • Nombre maximum de CDD successifs: 2
    Remarks:
    • Art. L 1243-13 LC
  • Durée cumulée maximum de CDD successifs: 24 mois
    Remarks:
    • Art. L 1242-8 LC.
      General rule: 18 months maximum.
      Depending on the grounds for resorting to a FTC, it can be up to 24 months in 3 specific situations.
  • % de travailleurs sous CDD: 15.2 %
    Remarks:
    • Source: Eurostat, annual average for 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employees.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Grèce - 2019    

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Durée maximale de la période d'essai: 12 mois

Remarks:
  • Since 2012: The first 12-month period of an employment contract of an indefinite duration shall be deemed a probationary period during which the contract may be terminated without notice and without severance pay, unless otherwise agreed by the parties. Subparagraph IA. para.12. section 1 of Law 4093/2012)
    With regard to the dismissal of blue-collar workers for which no notice is required (see below), the severance pay requirements only applied to workers with at least two months of service.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Presidential Decree 81/2003, as amended by P.D. 180/2004.
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • See Article 669(2) of the Civil Code.
      In addition, the renewal of a FTC is permitted without any limitation only if it is justified by an objective reason, in particular the nature or the form of the employer's or the company's activity, special grounds or needs which are specifically provided for in the employment contract (inter alia temporary replacement of a worker, performance of occasional work, temporary increase in workload, work provided in relation to education or training, performance of a specific project or programme, work linked to a specific event or in undertakings offering air transportation and airport services).(Art. 5 P.D. 81/2003, as amended by P.D. 180/2004).

      NOTE: The basic principles governing PD 180/2004 are as follows:
      - workers may be employed on fixed-term contracts to meet standing, permanent needs of the enterprise (Article 3);
      - workers on fixed-term contracts must have completed 24 months of actual employment or three successive renewals of their initial fixed-term contract in order to be considered as having an open-ended contract (Article 3);
      - for a fixed-term employment contract to be renewed, the time since expiry of the previous contract may not exceed three months in public utilities and services and 45 days in the rest of the private sector (Article 3);
      - to be covered by the PD's provisions on conversion into open-ended contracts, the employment relationship of workers under fixed-term employment contracts must have been in effect on the date the PD was issued, or have expired within the three months preceding that date (Article 4).

      PD 180/2004 lengthen the interval between two successive employment contracts from 30 working days, as provided for in PD 81/2003, to 45 days. The exemptions that prevented certain categories of workers from converting fixed-term contracts into contracts of indefinite duration have been abolished, except for special conditions relating to air transport companies, which have been retained. The previous precondition of objective reasons for renewal of fixed-term employment contracts has also been restricted substantially. Therefore in order to convert 'wrongful' successive fixed-term employment relationships into open-ended ones, such contracts must meet standing, permanent needs of the enterprise and fulfil the formal preconditions set by the PD, without there being a need for numerous objective reasons.
      (Source : EuroFound https://www.eurofound.europa.eu/mt/publications/article/2004/new-regulations-on-fixed-term-contracts-in-private-sector)
  • Nombre maximum de CDD successifs: 3
    Remarks:
    • Art. 5 P.D. 81/2003, as amended by P.D. 180/2004:
      The unlimited renewal of FTC is permitted if it is justified by an objective reason (see above).
      However, if within a two-year period, more than 3 successive contracts are concluded, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts (even where there are objective reasons for concluding a fixed-term contract)
      The employer has the burden to prove otherwise.
  • Durée cumulée maximum de CDD successifs: 3 année(s)
    Remarks:
    • 2 years under P.D. 81/2003 as amended by P.D. 180/2004:
      Art. 5 P.D. 81/2003, as amended by P.D. 180/2004 provides that the unlimited renewal of FTC is permitted if it is justified by an objective reason (see above). However, if the total duration of the successive contracts or employment relations exceeds two years, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts.

      However: 3 years under Law No. 3986/2011
      Under Law No. 3986/2011 (Urgent Measures for the Implementation of the Mid-term Financial Strategy Framework 2012-2015), if the duration of successive employment contracts exceeds three years in total, without being justified by specific reasons or needs provided by law, it is deemed that those contracts cover constant and permanent needs of the enterprise and consequently are of indefinite duration (art. 41).
  • % de travailleurs sous CDD: 11.2 %
    Remarks:
    • Source: Eurostat, annual average for 2016
      The figure refers to the percentage of employee of total number of employee aged 15 years and over with a contract of limited duration (= temporary job).
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Géorgie - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 9 LC
    The probationary period is payable and the agreement on probationary period shall be concluded in a written form

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 6 LC
      The fixed term contract can be used for the following reasons: a) work of specific volume has to be fulfilled; b) seasonal work has to be fulfilled; c) the volume of work increases temporarily; d) an employee who is temporarily absent from work is replaced on the basis of a suspension of labour relations; e) there is any other objective circumstance justifying the execution of the agreement for a definite period.
  • Nombre maximum de CDD successifs:
    Remarks:
    • Art. 6 LC states that the fixed term contract may be used two or more “times” if the duration of the work is 30 months.
  • Durée cumulée maximum de CDD successifs: 30 mois
    Remarks:
    • Art. 6 LC

Hongrie - 2019    

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Durée maximale de la période d'essai: 3 mois

Remarks:
  • • Pursuant to sec. 45(5) LC, the trial period may not exceed 3 months from the date of commencement of the employment relationship. In the event that a shorter trial period has been stipulated, the parties may extend the trial period once. In either case, the duration of the trial period may not exceed three months. According to sec. 50(4) and 277(2) of the LC, a collective agreement may extend the term of the trial period, but it still may not exceed six months. Such an extension may be included in a works agreement as well provided that the employer is not covered by the collective agreement, or there is no trade union at the employer with entitlement to conclude a collective agreement (LC, sec. 268(1)).

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : aucune limitation
    Remarks:
    • The LC does not require any specific reason for resorting to a FTC for the first time. However, a fixed-term employment relationship may be extended, or another fixed-term employment relationship may be concluded within six months from the time of termination of the previous one only upon the employer’s legitimate interests. The agreement may not infringe upon the employee’s legitimate interest (LC, sec. 192(4)).
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • In the previous Labour Code sec. 79 (4) provided that a contract renewed without a valid reason ("rightful interest") on the part of the employer and aimed at compromising the interest of the employee shall be deemed established for an indefinite duration. This provision has been repealed in the new Labour Code.
  • Durée cumulée maximum de CDD successifs: 5 année(s)
    Remarks:
    • The duration of a fixed-term employment relationship may not exceed five years, including the duration of an extended relationship and that of another fixed-term employment relationship concluded within six months of the termination of the previous fixed-term employment relationship.

      Where an employment relationship is subject to official authorization, it may only be concluded for the duration specified in the authorization. If the authorization is extended, the duration of the new fixed-term employment relationship may exceed five years together with the duration of the previous employment relationship. (LC, sec. 192(2)(3))
  • % de travailleurs sous CDD: 8.7 %
    Remarks:
    • Source: Central Statistical Office (Hungary), for the year 2017.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.

      Figures are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Italie - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Probationary period is governed by collective agreement. However there is a statutory limit of 6 months: art. 10 Act 604/1966.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : aucune limitation pour le premier CDD
    Remarks:
    • Art. 10 Leg. Decree 368/2001 provides for specific exceptions:
      (in particular to the tourism sector, agricultural sector, contracts concluded with executives (dirigenti): see. Art. 10 on the scope of application).

      New in 2014 : no need for objective and material reason to enter into a FTC. The number of employees with a FTC cannot exceed 20% of an employers' overall workforce.
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • Unlimited number of renewals is possible provided that the 36-month maximum cumulative duration of successive FTCs is complied with and an interruption between the previous FTC expiring and a new one starting occurs (interruptions must be for at least 10 days if the previous FTC with the same employee was shorter than 6 months; 20 days for longer previous FTCs).

      New in 2014 : extension is allowed up to 5 times only for fixed-term contracts with an initial duration of less than 3 years: art. 4 Leg. Decree No. 368 of 2001 amended by Decree No. 34 of 2014.
  • Durée cumulée maximum de CDD successifs: 36 mois
    Remarks:
    • Art. 4 Leg. Decree 368/2001
      However, further renewal is possible if authorized by the Direzione Provinciale del Lavoro (art 4 bis of Leg. Decree 368/2001 as inserted by sec. 40, Act 247/2007).

      Under art. 5.4ter of Legislative Decree 368/2001, as amended by Law 92/2012, exception to the 36-month limit could be provided by national collective bargaining agreements.

      New in 2014 : Before 2014 the 36-month limitation only applied to successive FTC. In the case of a single FTC, no maximum duration was fixed by the law. After Decree 34/2014, the maximum duration of a FTC cannot exceed 36 months, save for exceptional cases (e.g. executives (dirigenti)).
  • % de travailleurs sous CDD: 10.9 %
    Remarks:
    • Source: Eurostat, for the year 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Kazakhstan - 2019    

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Durée maximale de la période d'essai: 3 mois

Remarks:
  • Article 36 of the Labour Code

    For workers in executive positions and their deputies, accountants and their deputies, heads of branches and representative of the organizations – the probation may extent to six month period.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Article 30 of the Labour Code (as of 2017)
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Article 29 of the Labour Code
  • Nombre maximum de CDD successifs: 2 aucune limitation
    Remarks:
    • Update as of 2017: Article 30 1(2) LC states that the number of defined 1-year contracts can no exceed two years. That means technically that the maximum number of successive FTCs is two.

      However, Article 30 LC further elaborates on exceptions to Article 30 1.(2) :
      Article 30 1. (3) Contracts for the execution of a particular work;
      Article 30 1. (4) Replacement for the temporarily absent employee;
      Article 30 1. (5) For seasonal work;
      Article 30 1. (6) Migrant workers;
      Article 30 2. Small business owners can hire workers on definite contracts with no time limitations;
      Article 30 5. Contracts of workers in retirement age can can be extended for one year indefinitely.
  • Durée cumulée maximum de CDD successifs: 2 année(s) aucune limitation
    Remarks:
    • See comments above under maximum number of successive FTCs.

Kirghizistan - 2019    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.

Contrat à durée déterminée (CDD):
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 55 LC
  • Nombre maximum de CDD successifs: aucune limitation
  • Durée cumulée maximum de CDD successifs: 5 année(s)
    Remarks:
    • Art. 55 LC

Luxembourg - 2012    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. L 121-5 LC: the trial period should not exceed 6 months.
    One exception however: when the starting gross salary reaches a certain level to be determined by decree, the notice period is 12 months.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. L 122-1 LC.
  • Nombre maximum de CDD successifs: 3
    Remarks:
    • Art. L 122-5 LC: a fixed-term contract can be renewed twice within the time-limit of 24 months. However, this limitation is not applicable to FTC concluded with specific categories of workers (university teachers/researchers, artists, athletes, coaches).
  • Durée cumulée maximum de CDD successifs: 24 mois
    Remarks:
    • General rule: 24 months: art. L 122-4 (1) LC
      Exceptions: In limited situations can be up to 60 months: art. L 122-2 (4) LC.
  • % de travailleurs sous CDD: 9.4 %
    Remarks:
    • Source: Eurostat, as of third trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

Macédoine, Ex-République yougoslave de - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 60 LRA: the probationary period can not be longer than 6 months. It can only be extended in the cases of justified absence from work (eg. illness, etc).

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Art. 46 LRA.
  • Motifs autorisés de recours au CDD : aucune limitation
    Remarks:
    • The LRA does not set out any limitation as to the reasons for concluding FTCs. Art. 46(2) states that a fixed term contract concluded for the replacement of a temporary absent employee can be concluded until his/her return.
      Note, that prior to the reform in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the LRA limited the use of FTC to the performance of work temporary in nature.
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • No limitation provided that the maximum cumulative duration of successive FTC concluded for the performance of the same job shall not exceed 5 years (art. 46(1) LRA).
  • Durée cumulée maximum de CDD successifs: 5 année(s)
    Remarks:
    • The Labour Relations Act states that the fixed term contract may be concluded with interruptions or without interruption for performing the same job for a maximum period of 5 years. (Art. 46(1) LRA).
      Note that prior to the 2008 reform [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the law provided that a FTC could be concluded for carrying out work which by its nature was of limited duration, with or without interruption, for a maximum period of 4 years.

Moldova, République de - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 60 (1) LC.
    - A probation period can be established for about 3 months.
    - For managers: up to 6 months.
    - For unqualified workers: max. 30 days.

    *Specific rules applicable to FTC: art. 61 LC
    - 15 days max. for a contract concluded for a duration of 3 to 6 months.
    - 30 days max. for a contract concluded for a duration of more than 6 months.

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • Art. 55 LC provides an exhaustive list of situations where FTC are authorized. In any cases, FTC should only be used for the performance of work having a temporary character.
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • No statutory limitation.
  • Durée cumulée maximum de CDD successifs: 60 mois
    Remarks:
    • Art. 54 LC: FTC cannot exceed 5 years.

Montenegro - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 19 LL: the trial period shall not exceed 6 months except for crew members of long-haul commercial ship, in which case the trial period lasts until the return of the ship to the port of origin.
    Art. 20(2) LL provides that if the employee fails to satisfy the job requirements, his/her employment shall terminate upon expiry of the trial period as stipulated in the contract.
    As an exception to this rule, during the probationary period, each party may unilaterally terminate the contract even before the expiry of that period, with a written justification, in accordance with the collective agreement and the labour contract. (art. 20(3) LL).

Contrat à durée déterminée (CDD):
  • CDD reglementés: Oui
    Remarks:
    • Arts. 24 to 26 LL.
      New in Dec. 2011:Article 24(1) LL provides that "as a rule, a contract of employment contract shall be concluded for an indefinite period of time", while fixed-term contract are the exception and may entered into only in limited circumstances foreseen in the law. No such rule existed before the 2011 amendment, as the the law provided that employment contracts could be concluded or an unlimited or limited duration without any further indication on which of those two was the standard contract.
  • Motifs autorisés de recours au CDD : raisons matérielles et objectives
    Remarks:
    • New in Dec. 2011:
      Art. 25(1) LL now provides for limitation in respect of the reasons for which FTCs can be concluded: "A contract of employment may be concluded for a fixed term for the purpose of performing certain jobs whose duration is predetermined for objective reasons or due to occurrence of unforeseeable circumstances or events".
      Prior to this amendment they was no such limitation in the 2008 LL.
      (The previous LL of 2003 (amended in 2005) contained a limited list of valid reasons justifying the use of FTCs)
  • Nombre maximum de CDD successifs: aucune limitation
    Remarks:
    • The Labour Law does not impose any limitations on the number of successive FTCs.
  • Durée cumulée maximum de CDD successifs: 24 mois
    Remarks:
    • New in Dec. 2011: The 2011 amendments introduced, as a general rule a maximum duration of 24 months: art. 25(2) LL.
      However, in 2011 the law also introduced an exception to the 24-month rule in art. 25(4): FTCs can last longer than 24 months if they are concluded in order to replace a temporarily absent employee (and the absence is longer than 24 months) or for performing seasonal work or working on a for a specific task or project. In the latter case it shall last until the completion of the project.

Norvège - 2017    

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Durée maximale de la période d'essai: 6 mois

Remarks:
  • Art. 15-6 (3) of the Working Environment Act sets out the trial period may be agreed for up to 6 months. However, this may be extended in two cases:
    1. If an employee has been absent from work during the trial period, the employer may extend the agreed trial period by a period corresponding to the period of absence. Such extension may only take place when the employee has been informed of this possibility in writing at the time of his appointment and when the employer has informed the employee of the extension in writing prior to expiry of the trial period. The right to extend the trial period shall not apply to absences caused by the employer.
    2. The Ministry may issue regulations permitting agreement on a trial period longer than six months in the case of certain groups of employees (Art. 15-6 (4) and Art. 15-6(5) of the WEA).

    During the probationary period, employee can only be dismissed on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability (Art. 15-6(1) WEA). In the case of termination of employment under a trial period a 14 days' notice is required (art. 15-3(7) WEA).

  • Excluded from protection against dismissal: Non
    Remarks:
    • Art. 15-6(1) WEA reads as follows:
      "If an employee engaged by written contract for a given trial period is dismissed, such dismissal must be on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability."
      In the case of termination of employment under a trial period a 14 days' notice is required (art. 15-3(7) of the Working Environment Act).
  • Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • Art. 14-9 (1) WEA states the following:
        An employee shall be appointed permanently. Temporary employment may nevertheless be agreed upon:
        a) when the work is of a temporary nature
        b) for work as a temporary replacement for another person or persons,
        c) for work as a trainee,
        d) for participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service,
        e) for athletes, trainers, referees and other leaders within organised sports"
        f) for a period of up to 12 months if not more than 15 % of the total number of employees in the enterprise (or not more than 1 employee in enterprises with less than 14 employees) are covered by such FTCs
    • Motifs autorisés de recours au CDD : aucune limitation
      Remarks:
      • According to Art. 14-9 (f) WEA, employees can be employed under fixed-term contracts with a duration of up to 12 months without providing a valid reason, if it is ensured that not more than 15 % of the total number of employees in the enterprise (or not more than 1 employee in enterprises with less than 14 employees) are covered by such FTCs. In case a FTC expires and is not renewed, the employer is however prohibited to employ a different employee under a FTC for the same position during the following 12 months.

        Furthermore, Art. 14-9 (a)-(e) WEA contains a list of valid reasons for which the use of fixed term contracts is also permitted: These allow FTCs if the work is of a temporary nature or if the contract is concluded for the temporary replacement of another employee, with a trainee, with participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service or with athletes, trainers, referees and other leaders within organised sports.
    • Nombre maximum de CDD successifs: aucune limitation
    • Durée cumulée maximum de CDD successifs: 36 mois
      Remarks:
      • Art 14-9 (6) WEA states that fixed-term employees who have been working for the same enterprise without interruption for more than 3 years (4 years for FTCs issued for tasks of a temporary nature) must be considered employees with indefinite contracts. (This does not apply to trainees, participants of labor market schemes as well as athletes, trainers, referees and other leaders within organized sports.)
    • % de travailleurs sous CDD: 8.8 %
      Remarks:
      • Source: Eurostat, annul average for 2016.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Ouzbékistan - 2019    

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    Durée maximale de la période d'essai: 3 mois

    Remarks:
    • Art. 85 LC

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 76 LC provides that fixed-term contracts may be concluded:
        - in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work, the conditions for its implementation or the interests of the employee;
        - with the director, his/her deputies, or a chief accountant, and in the absence of the company's chief accountant - with the employee performing the functions of the chief accountant;
        - in other cases as stipulated by law.
    • Nombre maximum de CDD successifs: aucune limitation
    • Durée cumulée maximum de CDD successifs: 5 année(s)
      Remarks:
      • Art. 75 LC provides that the employment contract may be concluded:
        - for an indefinite period;
        - for a specified period not exceeding five years;
        - for the duration of a specific job.
        If an employment contract does not stipulate the validity period, it is presumed that the contract is concluded for an indefinite period. (Art. 75 LC)

    Pays-Bas - 2019    

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    Durée maximale de la période d'essai: 2 mois

    Remarks:
    • Art. 7:652 (3), (4) and (5) CC.
      Probationary period shall be, as a maximum, 2 months when the contract is of indefinite duration or concluded for more than 2 years, and 1 month if the employment contract is concluded for less than 2 years but more than 6 months. If the contract is concluded for less than 6 months no probationary period is possible.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • Art. 7:668, Art. 7:668a and Art. 7:667 CC.
    • Motifs autorisés de recours au CDD : aucune limitation
    • Nombre maximum de CDD successifs: 3
      Remarks:
      • Maximum 3 successive contracts concluded at intervals of less than 6 months: Art. 7:668a(1)(b) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

        For persons, who have reached the legal retirement age, up to 6 consecutive FTCs are permissible.

        This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.
    • Durée cumulée maximum de CDD successifs: 24 mois
      Remarks:
      • Applicable to successive contracts concluded at intervals of less than 6 months: Art. 7:668a 1) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

        For persons, who have reached the legal retirement age, up to 48 months of consecutive FTCs are permissible.

        This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.
    • % de travailleurs sous CDD: 20.6 %
      Remarks:
      • Source: Eurostat, as of second trimester 2016.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Notes / Remarques
    In the Netherlands, as part of anti crisis measures, a new Act, which came into force in July 2010, temporarily extended the possibility to conclude fixed-term contracts with young workers up to 27 years The Act allowed for concluding a total of four, rather than three successive fixed-term employment contracts with regard to this group and for maximum duration of four years rather than three. The Act expired in January 2012. As a result, those specific rules for young workers are no longer applicable.

    Portugal - 2014    

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    Durée maximale de la période d'essai: 240 jour(s)

    Remarks:
    • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
      1) Contract of indefinite duration (open-ended contract):
      - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
      - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
      - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

      2) Contract of definite duration (fixed-term contract):
      For FTCs, the length of probationary period depends on the duration of the contracts. It is:
      - 30 days in the event of a FTC concluded for at least 6 months;
      - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

      In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

      The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
      During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

        It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
        - Direct or indirect replacement of an absent employee
        * for any reason, who is temporary unable to work,
        * with a pending lawsuit challenging the lawfulness of his/her dismissal,
        * who is taking an unpaid leave of absence,
        * who goes from working full-time work to part time.
        - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
        - exceptional increase in the undertaking¿s activity;
        - Performance of an occasional task or certain precisely defined and short-term service.
        - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
        In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
        - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
        - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
        (art. 140(4) LC)


    • Nombre maximum de CDD successifs: 4
      Remarks:
      • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
        Note that this rule did not exist in the 2003 LC.
        There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
    • Durée cumulée maximum de CDD successifs: 3 année(s)
      Remarks:
      • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
        1) FTCs with a specified date of expiry (certain term)
        - 3 years as a general rule
        - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
        - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
        (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

        2) FTCs with an uncertain term:
        The maximum duration is 6 years. (art. 148(4) LC)

        Law 3/2012 of 10 January 2012: two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC) until 30 June 2013. The total duration of such renewals cannot exceed 18 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2014

        NEW in 2013 : Under Law 76/2013, of November 7 2013, two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC or Law 3/2012) within two years of the entry into force of the Law. The total duration of such renewals cannot exceed 12 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2016.
    • % de travailleurs sous CDD: 22 %
      Remarks:
      • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
        Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
        Source: Eurostat

    Roumanie - 2017    

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    Durée maximale de la période d'essai: 90 jour(s)

    Remarks:
    • Art. 31 LC, has been amended in March 2011, as follows:
      - maximum 90 days for operational positions [previously: 30 days];
      - maximum 120 days for managerial positions for operational positions [previously: 90 days];

      With regard to the specific rules applicable to certain categories of workers, the following changes took place:
      - persons with disabilities: maximum 30 days (unchanged);
      - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
      - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
      During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

      - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
      - 5 working days, for a FTC of less than 3 months;
      - 15 working days, for a FTC between 3 and 6 months;
      - 30 working days, for a FTC exceeding 6 months;
      - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
        a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
        b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
        c) performance of a seasonal activity;
        d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
        d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
        d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
        d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
        e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
    • Nombre maximum de CDD successifs: 3
      Remarks:
      • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
        (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
        (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
        (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

    • Durée cumulée maximum de CDD successifs: 36 mois
      Remarks:
      • Art. 82 LC (former art. 80), as amended in March 2011

        The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
    • % de travailleurs sous CDD: 1 %
      Remarks:
      • Source: Eurostat, for the year 2016.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Royaume-Uni - 2019    

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    Durée maximale de la période d'essai: 24 mois

    Remarks:
    • The ERA does not regulate the probationary period as such. However, it provides for a "qualifying period of employment" which is comparable to the probationary period insofar as employees are excluded fiom the protection against unfair dismissal during that period of time (sec. 108) ERA.
      New as of 6 April 2012:
      Sec. 108 ERA has been amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012. As a result, the qualifying period of employment has been extended from 1 year to 2 years.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • FTCs are regulated by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER].
    • Motifs autorisés de recours au CDD : aucune limitation
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
        However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).
    • Durée cumulée maximum de CDD successifs: 4 année(s)
      Remarks:
      • The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
        However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).
    • % de travailleurs sous CDD: 5.1 %
      Remarks:
      • Source: Eurostat, for the year 2016.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Russie, Fédération de - 2019    

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    Durée maximale de la période d'essai: 6 mois

    Remarks:
    • Article 70 of the Labor Code: the probationary period cannot exceed 3 months for all workers and 6 months for some managers and financial officers.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Article 59 of the Labour Code lists the cases where the use of fixed-term contracts are authorised
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • Article 58 of the Labour Code
    • Durée cumulée maximum de CDD successifs: 5 année(s)
      Remarks:
      • Article 58 of the Labour Code

    République Tchèque - 2011    

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    Durée maximale de la période d'essai: 3 mois

    Remarks:
    • Sec. 35 LC

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : aucune limitation
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • Sec. 39 LC does not refer to any maximum number of successive FTC, but only to a maximum cumulative duration of 24 months.
    • Durée cumulée maximum de CDD successifs: 24 mois
      Remarks:
      • General rule: sec. 39 (2): maximum 24 months.
        In addition, 6 months are necessary between 2 fixed-term contracts.
        However, this limitation (max. 24 months) does not apply in cases listed in sec. 39 (3), i.e.: when the FTC is concluded for the purpose of temporary replacement of an absent employee, when there are serious operational reasons on the part of the employer or reasons relating to the special nature of work to be performed provided that the reasons are specified in a written agreement between the employer and the trade union organization.
    • % de travailleurs sous CDD: 8.5 %
      Remarks:
      • Source: Eurostat, annual average 2011.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Serbie - 2017    

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    Durée maximale de la période d'essai: 6 mois

    Remarks:
    • Art. 36 LL.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 37 LL: labour relations shall be entered into for a period that is set in advance in the following cases: seasonal jobs, project-based work, increase volume of work that will last for a definite term, etc.
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • Art. 37 LL: no maximum number of successive FTC, but maximum duration of labour relations for a definite term of 24 months.
    • Durée cumulée maximum de CDD successifs: 24 mois
      Remarks:
      • Art. 37 LL. The interruption between two FTCs should be longer than 30 days

    Slovaquie - 2012    

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    Durée maximale de la période d'essai: 3 mois

    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Sec. 45 LC, as amended in 2011:
      (1) A probationary period may be agreed in an employment contract for a maximum of three months, except in the case of an executive employee who reports directly to the statutory body or a member of the statutory body and in the case of an executive employee who reports directly to such an executive employee, where the maximum shall be six months. A probationary period may not be prolonged.
      [New as of Sept. 2011: the probationary period was extended to 6 months for executive employees as opposed to the standard three months under the previous Labour Code (2009 version) and which remains applicable to all other types of employees]

      New as of Sept. 2011 : Sec. 45(5) LL (introduced by Act No. 257/2011) now makes it possible to agree in a collective agreement to a longer probationary period up to 6 months for all categories of workers and up to 9 months for employees with managerial responsibilities.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • Sec. 48 LL as amended in 2011.
        New as of Sept. 2011: Act No. 257/2011 modified the rules on fixed-term contract by extending the maximum cumulative duration from 2 to 3 years, as well as the number of renewals within that period from 2 to 3. In addition, it reduces the list of reasons that justify the recourse to FTC beyond the 3-year limit.

        Note: Those limitations do not apply to contracts of employment concluded with temporary agency workers.
    • Motifs autorisés de recours au CDD : aucune limitation
      NOTE: This information has changed since the previous period covered.
      Remarks:
      • Sec. 48 LC, as amended by Act 257/2011, in force since 1 Sept. 2011:
        No reasons required for the conclusion or renewals of contracts (max. 3 renewals) within a 3 year-period.
        However valid reasons are required for any further extension to 3 years or beyond the 3-year period. (Sec. 48(4) LC ) These are:
        - substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
        - the performance of work in which it is necessary to significantly increase the number of employees for a transitional period not exceeding eight months per calendar year
        - performing seasonal work (not exceeding 8 months per year),
        - the performance of work agreed in a collective agreement.
        A further extension or renewal of an employment relationship for a fixed term of up to three years or over three years can be also agreed with a teacher in higher education or a creative employee in science, research or development if there are objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation. (sec. 48(6) LC, as amended by Act 257/2011)

        New in Sept. 2011: The list of reasons which can justify a further extension or renewal up to three years [previously 2 years] has been modified and reduced by Act 257/2011.
        For example, the possibility to further extend or renew a FTC with respect to an employee for whom it was permitted by law or international treaty has been removed. Similarly, the "performance of care services under special regulation" is not any more considered to be a valid reason for such renewal. Lastly the following valid reasons: "performance of care services under special regulation" and "the performance of work for which an education in the arts is required" have been
        modified and the law now requires "objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation".
    • Nombre maximum de CDD successifs: 4
      NOTE: This information has changed since the previous period covered.
      Remarks:
      • New in September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): "A fixed term employment relationship may be agreed for at most three years [instead of 2 years under the 2009 LC]. A fixed term employment relationship may be extended or renewed at most three times within a three year period [instead of twice under the 2009 LC]."

        However, a further extension or renewal (thus 5 FTCs in total) within the 3 year period or beyond is possible only for the following reasons:
        "a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
        b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
        c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
        d) the performance of work agreed in a collective agreement."


        (Note on the legislative evolution :
        - 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period (max. 4 FTCs. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
        - 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
        - 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 2-year period possible in limited situations)
    • Durée cumulée maximum de CDD successifs: 3 année(s)
      NOTE: This information has changed since the previous period covered.
      Remarks:
      • New as of September 2011: Sec. 48(2) LL, as amended by Act 257/2011 of July 2011 (in force since 1 September 2011): General rule: max. 3 years [instead of 2 years under the 2009 LC].
        However, a further extension or renewal within the 3 year period or beyond the 3-year period (without any statutory limitation) is possible only for the following reasons:
        "a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
        b) the performance of work in which it is necessary to increase employee numbers significantly for a temporary period not exceeding eight months of the calendar year,
        c) the performance of work that is linked to the seasonal cycle, which repeats every year and does not exceed eight months in the calendar year (seasonal work),
        d) the performance of work agreed in a collective agreement."


        (Note on the legislative evolution :
        - 2011 (Act 257/2011 of 13 July 2011, in force since 1 September 2011): maximum duration of 3 years and maximum 3 renewals within a three-year period. Further renewal beyond the 3-year period possible in limited situations (see above under valid reasons):
        - 2010 (Act. No 574/2009, in force since 1st March 2010) : maximum duration of 2 years and maximum 2 renewals within a three-year period. (max. 3 FTCs) Further renewal beyond the 2-year period possible in limited situations (see above)
        - 2007 and prior to March 2010: maximum duration of 3 years and maximum 1 renewals within a three-year period (max. 2 FTCs). Further renewal beyond the 3-year period possible in limited situations).
    • % de travailleurs sous CDD: 7 %
      Remarks:
      • Source: Eurostat, as of second trimester 2012.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Slovénie - 2012    

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    Durée maximale de la période d'essai: 6 mois

    Remarks:
    • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

        Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
        Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
    • Durée cumulée maximum de CDD successifs: 24 mois
      Remarks:
      • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

        (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

        Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
        In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
    • % de travailleurs sous CDD: 16.7 %
      Remarks:
      • Source: Eurostat, as of second trimester 2012.
        This figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
        Eurostat data are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."

    Suisse - 2019    

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    Durée maximale de la période d'essai: 3 mois

    Remarks:
    • Art. 335b(2) CO.
      "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
      2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
      ________
      In English:
      Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
      2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
      Remarks:
      • Art. 334 CO.
    • Motifs autorisés de recours au CDD : aucune limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
    • Durée cumulée maximum de CDD successifs: aucune limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).

    Suède - 2017    

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    Durée maximale de la période d'essai: 6 mois

    Remarks:
    • Sec. 6 EPA.
      Refers to the possibility to conclude "contract for probationary employment, provided that the probationary period does not exceed 6 months".

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : aucune limitation
      Remarks:
      • According to sec. 5 EPA, a contract of employment for a fixed-term may be concluded: 1) for a general fixed-term employment, 2) for a temporary substitute employment, 3) for a seasonal employment, 4) when the employee has attained the age of 67.

        FTC for the purpose of 'general fixed-term employment' can be concluded with no valid reason.
    • Nombre maximum de CDD successifs: aucune limitation
    • Durée cumulée maximum de CDD successifs: 24 mois
      Remarks:
      • Sec. 5a EPA: “A fixed-term employment is transformed into indefinite-term employment when an employee has been employed on a general fixed-term contract for a total of more than 2 years: 1) during a five year period, or 2) during a period when the employee has had successive fixed-term employment in the form of a general fixed-term employment, a temporary substitute employment or seasonal employment.
        Successive fixed-term employment occurs if the employment started within six months from the last day of the previous employment.
        A temporary substitute employment turns into indefinite-term employment when an employee has been employed by the employer for a temporary substitute employment for in aggregate more than two years during a five year period (SFS 2016: 248)”.
    • % de travailleurs sous CDD: 15.1 %
      Remarks:
      • Source: Eurostat, 2015 (http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do)
        The figure refers to the percentage of total employment with a temporary contract for employees aged from 15 to 64 years.

        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts." Source: http://ec.europa.eu/eurostat/statistics-explained/index.php/Employment_statistics

    Tadjikistan - 2015    

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    Durée maximale de la période d'essai: 3 mois

    Remarks:
    • Art. 33 LC provides for the probationary period which cannot be longer than 3 months except if otherwise stipulated by a law. Also, according to the same article, the trial period does not count the period of temporary disability and other periods when an employee is absent from work for a good reason.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 31 LC states that fixed term contracts (FTCs) may be concluded for at least one year, except in the cases of the replacement of a temporary absent employee, for the performance of a specific task or for performing a seasonal work.
        Fixed term contracts can be concluded in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work or the conditions of its execution, or the interests of the employee, as well as in the cases stipulated by law.
    • Nombre maximum de CDD successifs: aucune limitation
    • Durée cumulée maximum de CDD successifs: aucune limitation
      Remarks:
      • The Law does not specify maximum cumulative duration of FTCs. Instead it provides that in certain cases the FTC can not last less than one year.(Art. 31 LC)

    Turkménistan - 2019    

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    Durée maximale de la période d'essai: 6 mois

    Remarks:
    • Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 18 LC
    • Durée cumulée maximum de CDD successifs: 5 année(s)
      Remarks:
      • Art. 18 LC

    Turquie - 2019    

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    Durée maximale de la période d'essai: 2 mois

    Remarks:
    • Art. 15 LA: The parties can agree on a probationary clause in the employment contract which shall not exceed 2 months. It can however be extended by collective agreement. During the probationary period, the parties are free to terminate the contract without observing the notice requirements.
      Note: Employees with less than 6 months' service are excluded from the job security provision which provides for protection against unjustified termination (Art. 18 LA - see below valid grounds).

    Contrat à durée déterminée (CDD):
    • CDD reglementés: Oui
    • Motifs autorisés de recours au CDD : raisons matérielles et objectives
      Remarks:
      • Art. 11 LA: A fixed-term contract shall be based on objective conditions like the completion of a certain work or the materialization of a certain event.
        An employment contract for a definite period must not be concluded more than once, except when there is an essential reason which may necessitate repeated (chain) contracts. Otherwise, the employment contract is deemed to have been made for an indefinite period from the very beginning. Chain contracts based on essential reasons shall maintain their status as contracts made for a definite period.
    • Nombre maximum de CDD successifs: aucune limitation
      Remarks:
      • No limitation provided that there is an essential reason for each renewal (art. 11 LA).
    • Durée cumulée maximum de CDD successifs: aucune limitation
      Remarks:
      • No limitation provided that there is an essential reason for each renewal (art. 11 LA).
    • % de travailleurs sous CDD: 8.7 %
      Remarks:
      • Data for the first trimester 2010: Employees with a contract of limited duration (% of total number of employees)
        Source: Eurostat
        Those statistics are based on the following definition:
        "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts".