Employer questionDismissal and end of contract

Does an employer have to give notice on a fixed-term contract?

No. An employer does not have to give notice on a fixed-term contract: a fixed-term contract ends automatically on the agreed end date.

Last checked on Read the official text

Does an employer have to give notice on a fixed-term contract? The managing director of Business Centrum at his desk in Ghent

Why a fixed-term contract needs no notice from the employer

Article 32 of the Employment Contracts Act ends a fixed-term contract when the term expires, and a contract for a clearly defined task when that task is completed. So you do not need to send a notice letter. Successive fixed-term contracts are limited: at most 4, each of at least 3 months, together no longer than 2 years, unless the inspectorate gives permission.

Exceptions

If you simply let the employee keep working after the end date, the contract counts as a contract of indefinite duration (Article 11). The same applies if there is no written document setting the fixed term. A new contract that follows without a break outside the legal limits can also count as indefinite.

What is the risk?

If you want to end a fixed-term contract before the end date, you in principle pay the wages up to the end date, capped at twice the notice period. Only in the first half of the term, and at most the first 6 months, can you end it with ordinary notice (Article 40).

What to do

Note the end date of every fixed-term contract, decide in time whether to renew, and when renewing, have a new contract signed before the employee keeps working.

Is a fixed-term contract ending and are you unsure about the next step?

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Sources

Every amount and deadline on this page was checked against these official sources, last consulted on .

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Ending a fixed-term contract

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