European Employment Law Cases


2022/15 Alternation of fixed-term contracts and replacement contracts should give rise to a contract of indefinite duration after two years says the Constitutional Court (BE)

Keywords Fixed-Term Work
Authors Gautier Busschaert
Author's information

Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant, Brussels.
  • Abstract

      Belgian law provides that replacement contracts that exceed two years become contracts of indefinite duration. The same rule applies for fixed-term contracts but not for the case where the employer alternates these two types of contracts. In the case at hand, the Belgian Constitutional Court considered Belgian law to be discriminatory on this point and invited the legislator to put an end to this difference of treatment. Awaiting this legislative change, labour courts and tribunals should consider alternation of fixed-term and replacement contracts for more than two years as a contract of indefinite duration.

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