Type of Employment Contract: Open-Ended Contract

The open-ended contract is a contract of generic work. It is between two people, the employer and the employee for an indefinite period of time. It obeys a certain formalism, both in its conclusion and in the breach, to best ensure the rights of the employee.

What does the employment contract contain?

Although no writing is required by law, in practice, employers almost always sign an employment contract with the employee. In the contract occur the following particulars:

- function that the employee will occupy in the company;

- workplace;

- working time;

- remuneration;

- paid leave;

- duration of the test period;

- notice period of termination of the contract;

- various clauses can be added: non-competition, non-disclosure of the methods of work, prohibition to mention the details related to the business activity on social networks, etc.

In the absence of agreement, the employee is entitled to ask his employer copy of the prior declaration to hiring.

The open-ended contract can be changed?

At the end of the trial period, the contract becomes final. The starting conditions on which both parties have agreed, are subject to change. There are three types of changes:

- change in working conditions: redistribution of working hours, new task assigned to the employee, transfer of the head office, etc. The employee can not in principle oppose, or risk dismissal;

- Personal reasons: working hours, remuneration, nature of the job, etc. The employee must give his express consent by a writing. He can not be compelled by his employer;

- economic reasons, when the company is in financial difficulties. The employee may refuse the changes in his working conditions. He exposes himself in this case a redundancy.

Under which conditions the open-ended contract shall end?

Open-ended contract is broken in the following cases:

- conventional rupture: both parties are separated amicably;

- resignation of the employee;

- voluntary departure for retirement decided by the employee;

- dismissal for personal reasons: the employee was at fault;

- dismissal for economic reasons: the company is in serious trouble;

- retirement from office by the employer;

- major force: fire, flood, etc.

Breach of contract is accompanied by returning the employee to three documents: a certificate of employment, a receipt for final settlement and a certificate for employment center.

The professionals at your service

- Operators

- HR departments

- Lawyers

- Town Halls

- Employment tribunals