Civil Code > TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 2

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Chapter 2. Contracts of particular kinds of work

Section 1. Contracts of apprenticeship

Art. 2594 – Training of apprentice by employer.

(1) The employer bound by a contract of apprenticeship shall undertake to give all his attention to the professional training of the apprentice.

(2) The employee may only be employed on work connected with the particular occupation specified in the contract.

Art. 2595 – Attendance at schools.

(1) The employer shall ensure that the apprentice attend compulsory schools.

(2) He shall grant him the necessary time to attend the schools and professional courses and to sit for apprenticeship examination.

Art. 2596 – Prohibited work.

Except where it is justified by the circumstances, the apprentice may not be employed on night work or on Sundays.

Art. 2597 – Reference to provisions regarding contracts of employment.

The provisions regarding cont5acts of employment shall apply to contracts of apprenticeship.

Section 2. Contracts with a trial period

Art. 2598 – Trial engagements.

(1) The employee may be engaged on trial.

(2) Unless otherwise provided in writing, the employee engaged on trial shall be regarded as having been employed for an indefinite period.

Art. 2599 – Presumption.

In a contract of employment made with domestic servants, the first two weeks shall be regarded as a trial period, unless otherwise agreed.

Art. 2600 – Termination of a trial contract.

(1) During the trial period, either party may terminate the contract without being required to give notice or to pay compensation,

(2) Where the trial is fixed for a minimum time, the right to terminate the contract may however not be exercised before that minimum time has elapsed.

Section 3. Contracts of domestic servants living in

Art. 2601- Health and moral well-being of servant.

Where the employee lives with the employer’s family, the latter shall in regard to living-quarters, food, times of work and rest, take all reasonable steps to safeguard the health and moral well-being of the employee.

Art. 2602 – Obligation to look after the employee. – 1. Principle.

(1) Where an employee who is living with the family of the employer and being fed by the latter falls sick, the employer shall, during the currency of the contract, provide any care which the illness of the employee requires, either by way of medical attendance at his house or by sending the servant to hospital.

(2) Such obligation shall be limited to one month where the illness occurs after at least one year from the beginning of the contract, and to two weeks, where it occurs after at least three months from the beginning of the contract.

(3) The employer may set off any expenses which he thus incurs against the wages that become due during the period of illness.

Art. 2603 – 2. Saving clauses.

(1) The employer shall be relieved of the obligations laid down in Art. 2602 where the illness has been intentionally contracted by the employee.

(2) The employer shall also be relieved where the employee goes into hospital under a scheme of compulsory health insurance.

(3) The employer may not relieve himself of the obligations laid down in Art. 2602 by terminating the contract on the ground of the illness of his employee.

Art. 2604 – Payment of wages.

(1) Unless the contract of employment provides for a shorter term, the wages of the employee living in with the employer shall be paid every three months, with the expiry of the term.

(2) The wages shall in any case be paid where the contract terminates.

Section 4. Contract for agricultural work

Art. 2605 – Principle.

(1) Contracts for the performance of agricultural work shall be subject to the provisions of this Chapter, in particular, where appropriate, to those of Section 3 above.

(2) Nothing shall affect the provisions of the following Articles.

Art. 2606 – Contract for undefined period of time.

(1) A contract made for an undefined period of time may not be terminated by the employer except on giving three months notice.

(2) The period fixed in sub-art (1) shall be increased by one month for each year spent by the employee in the service of the employer or which the employee spent, during his minority, in the undertaking of the employer.

(3) The termination of the contract shall only become effective on the first of Megabit following the day of termination.

Art. 2607 – Employer bound to supply maintenance.

(1) The employer shall supply maintenance to an employee having worked for ten years in a given undertaking.

(2) Without prejudice to the provisions of the following Articles, the obligation to supply maintenance shall be subject to the provisions of obligation to supply maintenance shall be subject to the provisions of the Title of this Code relating to “Family Relationship” (Art. 807-825).

Art. 2608 – Subsidiary nature of obligation.

(1) The employee may not claim maintenance to the detriment of persons bound to the employer by consanguinity or affinity to whom the employer supplies maintenance.

(2) Where persons bound to the employee by consanguinity or affinity are compelled or able to supply him maintenance, the employee may not claim maintenance from the employer.

Art. 2609 – Time limit.

The employer shall not supply maintenance for more than two years after the contract came to an end.

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