FAQs

If the period of employment exceeds one month and exceeds eight hours of work a week, the employer is bound to give a written statement to the employee showing his/her conditions of work, within 8 working days from the commencement of employment.  It is also a good practice if the employee is given a job description.

As its name implies an indefinite contract of service means that the employee is engaged in an employment for an indefinite period (without a limit). On the other hand a fixed term contract is a contract wherein both parties usually agree on its duration and thus   incorporates an expiry date.

The first six months of employment constitute probation. The parties can however agree to a shorter term. In the case of a contract of service, or a collective agreement, in respect of employees holding technical, executive, administrative or managerial posts and whose wages are at least double the minimum wage established in that year, such probation period is of one year unless otherwise agreed (for a shorter period).

During probation either party may terminate the employment without assigning any reason, provided that one week notice is given if the employment has exceeded one month. However, in the case of terminating the employment of a pregnant employee during probation, the employer is obliged to give her the reasons in writing to justify that the dismissal is unrelated to the employee’s condition.

The probationary period cannot be extended beyond the maximum period allowed by law. Where the employer and the employee agree for a shorter period, such period is binding by law and can only be extended up to the maximum limit contemplated by law if both parties agree to do so.

Excluding exceptions for justified reasons, a fixed term contract can be successively renewed up to a maximum period of four years after which the employee shall be considered to be under a contract of indefinite duration. An employee whose fixed term contract has expired and is retained in employment will also be considered to be under an indefinite contract if the employer does not produce a new contract of service within twelve (12) days following the expiry of the previous contract.