The right of an employer to

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The right of an employer to enter into successive fixed-term contracts with the same employee in order to fill a seasonal position is not subject to any limit beyond which an overall permanent employment relationship would be established between the parties. The court of appeal, having found that the position held for sixteen years during the period from mid-July to mid-September by the employee as a seasonal worker for the packaging of sweetcorn corresponded to tasks that were to be repeated each year at more or less fixed dates depending on the maturity of the seasonal product, and that these tasks were related to that cyclical increase, correctly held that the position was seasonal and thus justified the rejection of the claim for reclassification as a permanent contract.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for bringing an action
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.