When the employee returns to work, the trial period is automatically extended for a period equal to the period of suspension. However, the maximum period of extension is 1 month. The trial period should therefore end on 31 March. On 1 March, the employee submits a medical certificate to his employer, covering the period from 1 March to 10 March inclusive. As a result, the employer may extend the employee's trial period by 10 days; instead of ending on 31 March, the trial period will end on 10 April.
The fixed-term employment contract automatically ends on the end date or when the purpose for which it was concluded is achieved. The employer is therefore not required to inform the employee in advance of the end of the working relationship or to give notice.
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When the worker continues to work beyond the end date indicated in his fixed-term employment contract, the working relationship continues under a permanent employment contract and 2 possible scenarios become available:. The employee's length of service must be taken into account as from the start date of his first fixed-term employment contract.
A fixed-term contract may be renewed twice for a fixed term. However, the total duration may not exceed 24 months , including renewals. Failing this, the renewed fixed-term contract is recategorised as a permanent employment contract. Some fixed-term employment contracts may be renewed more than 2 times even for a duration exceeding 24 months without being recategorised as a permanent employment contract. These are namely fixed-term employment contracts concluded:.
Therefore, the employer may not directly offer a new fixed-term contract for the same position to the employee whose fixed-term contract has reached its term i. A contract concluded in violation of these provisions is considered as a permanent employment contract. His contract contains a renewal clause. At the end of the contract, his employer offers to renew his fixed-term employment contract for a period of 3 months.
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At the end of these 3 months, his employer renews his fixed-term employment contract once more for an identical period. This employee's fixed-term employment contract has therefore been renewed twice and its total duration is 18 months. If the employer wishes to hire the employee again, or any other employee, for a fixed-term period in order to fill the same position, he may only do so after a 6-month waiting period.
A fixed-term employment contract may be terminated before its term in the following 3 cases only:. With the exception of these 3 cases, a fixed-term employment contract can not be terminated before the end of its term and both parties must commit to their obligations until the end of the contract. If, despite this, a fixed-term employment contract is terminated before it reaches its term:. Sie haben zudem das Recht, Ihre erteilte Einwilligung jederzeit zu widerrufen. Go to main navigation Go to content.
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