A new look at the old problem of a reasonable expectation : the reasonableness of repeated renewals of fixed-term contracts as opposed to indefinite employment

Abstract

The fixed-term contract has been used as a legal instrument by parties who wish to engage in an employment relationship within the framework of predictability and freedom to control the duration of their contractual relationship. Consensus between both parties on the contents and the specific limitations of this kind of atypical employment contract is vital to avoid any misunderstanding and unreasonable expectations on the part of the employee. At the conclusion of the contract, the parties need to be ad idem that employment would start at the time of the conclusion of their contract, or at a specific date or event stipulated therein, and would inevitably terminate automatically at such time as the parties have agreed upon. It should have been the mutual intention of the parties that the purpose of this type of contract is linked to a limited duration, unlike that of the traditional contract of indefinite employment, which is likely to continue for an indefinite period.