Employment law
45. Fixed-term contract for a specific project
A contract for specific work is an employment contract entered into for the performance of a specific project, the duration of which cannot be precisely estimated; it is treated in the same way as a fixed-term contract.
Examples include: building sites, the construction of bridges, roads or buildings, and the deployment of humanitarian workers in camps for displaced persons until the populations return, etc.
The contract for specific works is not subject to any minimum duration requirement (24 months) but is non-renewable. It continues until the completion of the works covered by the contract, with employees leaving gradually.
The contract for specific work is not subject to notice requirements towards the end of the project, as the work may be delayed for various reasons.
Notice is mandatory for the termination of permanent contracts or the early termination of fixed-term contracts.
However, whilst the works are being carried out, employees are entitled to notice in accordance with their pay grade should they leave the company, except in cases of serious or gross misconduct, in particular thefts on site, which are common.
But what about employees whose performance does not match their qualifications?
It is always necessary to use probationary periods to avoid being ‘cheated’.
BEWARE of the employment relationship being reclassified as a permanent contract if the name of the company, the construction site or the project are not specified.
Jargon
Site contract: A site or project contract allows you to:
- recruit employees to carry out a specific project or set of works for which you do not know the end date in advance;
- terminate the employment of the relevant employees upon the actual completion of the project.