THE SEASONAL EMPLOYMENT CONTRACT IN LUXEMBOURG
The seasonal contract is a variant of the fixed-term contract (CDD). The particularity of the seasonal work contract is that it is concluded in the context of work relating to the rhythm of the seasons, i.e. work that is likely to be repeated every year. This applies for example in the domains of agriculture, tourism or viticulture.
This type of contract is subject to specific rules on the term and succession of contracts. Unlike traditional fixed-term contracts, these contracts can be executed one after the other while respecting a maximum duration of 10 months out of 12 successive months (including renewals).
The conditions of the trial period and the compulsory annotations are the same as for a fixed-term contract. The seasonal contract ceases either when the fixed term expires or when the purpose for which the employee was hired is completed (in the case that a minimum term was communicated, without a fixed term).
However, the terms of termination are different depending on whether a renewal clause has been introduced into the seasonal contract:
- A renewal clause¹ is not introduced in the contract: contracts can be concluded one after the other while still being considered as fixed-term contracts in terms of termination procedures;
- A renewal clause is included in the contract: A contract which is renewed for 2 seasons gives the employer-employee relationship a permanent duration. The rules for dismissal are therefore those applied in the context of a permanent contract.
If a permanent contract is concluded following a seasonal contract, no trial period must be stipulated and the employee retains their seniority.
¹A clause in a contract which states that the agreement is automatically renewable from one period to another if neither party comes forward.