Employment Contract

Sign an employment contract is an involving act. Implications are important for the employer and employee: responsibilities, legal and financial obligations, and respect for rules set by the Labour Code and collective bargaining agreements. What happens next?


The employment contract gives rise to mandatory compensation in cash and/or kind.

Subordination for employment contracts


What characterizes and defines mainly the employment contract is the existence of a superior-subordinate relationship between two people:

=> the employer, that is to say one that:

- provides work to be performed;
- gives instructions regarding the conditions of work execution to be done;
- controls and monitors the execution of this work;
- punishes any shortcomings regarding the execution of this work;
- pays the execution of this work;

=> the employee must be an individual who:

- performs a work to receive from his employer;
- submits to the authority of his employer;
- receives remuneration for his work.

Employment contracts requalification: by a judge


Some commercial and/or outsourcing contracts may be reclassified as employment contracts if the business relationship covers a subordinate relationship between sponsor and provider.

But the transformation of a business relationship to a work relationship is neither instantaneous nor automatic: it is the judge who performs the requalification of employment contract.

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