What is a construction or operation contract?
Verified 26 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A construction or operation contract is a CDI, the duration and end of which are however uncertain. This type of employment contract can be concluded in certain sectors of activity. We present you with the information you need to know.
Only one employee of the private sector may be hired under a site or operation contract.
The construction or operation contract is a DTA: titleContent.
The construction or operation contract is therefore concluded for a indefinite duration.
However, the construction or operation contract terminates when the work or operation is carried out.
If the construction or operation contract includes a trial periodHowever, the duration of the double taxation agreement is the same as that of a DTA.
The construction or operation contract is mainly concluded in the building and public works (construction) or shipbuilding sector.
It may also be concluded in all other branches of activity provided that the collective agreement or a extended branch agreement provides for it.
The collective agreement or the extended industry agreement shall determine the following measures:
- Size of the companies concerned
- Activities concerned
- Information on the nature of the work site or operation
- Remuneration and termination benefits
- Training guarantees
- The method of termination of the contract when the work site or operation cannot be completed or is terminated early.
Reminder
in the absence of a collective agreement or an extended industrial agreement, it is possible to conclude a construction site or operation contract in sectors where its use is customary and consistent with the exercise of the profession. For example, in a company in the construction industry.
The collective agreement or the extended industrial agreement must provide for suitable arrangements for the termination of the contract of employment in the event that the yard or operation for which that contract was concluded cannot be completed or terminates early.
The termination of the construction site or operation is a justified ground for breach of the contract for real and serious reasons.
The procedure for dismissal on personal grounds then applies.
The collective agreement or the extended branch agreement must specify the conditions for payment of the redundancy payment to be paid to the employee.
In the absence of a convention or agreement, the employee's employment contract must specify the terms of payment and the amount of the allowance.
If the contract of employment provides for compensation which is more favorable to the statutory allowance, it must be paid.
Please note
If any treaty provisions as provided for, an employee dismissed at the end of a construction or operation contract may be given priority for re-employment in DTA: titleContent in the company.
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Construction or operation contract
Termination of the site or operation contract