Offer of employment contract and promise of unilateral employment
Verified 11 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
What is the distinction between an offer of an employment contract made by an employer and a promise of unilateral employment? Are the offer of employment contract and the promise of unilateral employment equal in value? We present you with the information you need to know.
The offer of an employment contract and the promise of unilateral employment are not defined by law, but they are governed by court decisions, that is to say, by the case law.
The offer of employment contract is a simple hiring proposal from the employer. As a candidate, you can freely refuse it, just as the employer can withdraw it.
The One-Way Hiring Promise is also a simple job offer. However, the employer's failure to comply with a unilateral promise of a contract may be regarded as a wrongful dismissal.
Offer of employment contract
An employer may offer you an employment contract.
The offer is equivalent to a work contract.
The employer's undertaking must specify the following elements on the offer of an employment contract:
- Identity and address of the parties
- Function and professional qualification
- Workplace
- Hours of work
- Remuneration (salary and bonuses)
- Paid Leave
- Duration of the trial period
- Notice periods in the event of termination of the contract
- Possibly non-compete clause or mobility
The offer of employment contract may be in writing, by letter or by e-mail.
You can:
- Decline offer of employment contract before the end of the period laid down by the employer.
- Accept offer of employment contract within the time limit set by the employer.
Warning
if you accept the company's offer of employment contract and fail to comply with your commitment, you may be condemned by the judge to pay damages to the employer because of the harm done.
The employer may withdraw his offer of an employment contract during the period he left you to accept the offer.
However, the judge may order the employer to pay you damages on account of the damage suffered.
One-sided promise of employment
An employer can offer you a one-way promise to hire.
The promise is a contract of employment.
The employer's undertaking must specify the following on the unilateral promise of employment:
- Identity and address of the parties
- Function and professional qualification
- Workplace
- Hours of work
- Remuneration (salary and bonuses)
- Paid Leave
- Duration of the trial period
- Notice periods in the event of termination of the contract
- Possibly non-compete clause or mobility
Unilateral promises of employment contracts may be made in writing, by letter or by e-mail.
You can:
- Reject unilateral hiring promise before the end of the period laid down by the employer.
- Accept unilateral employment contract promise within the time limit set by the employer.
Please note
if you accept the unilateral hiring promise and do not honor your commitment, you may be condemned by the judge to pay damages to the employer because of the harm done.
The employer may withdraw his promise of unilateral employment of an employment contract during the period that he left you to accept.
However, the judge may order the employer to pay you damages on account of the damage suffered.
In addition, the employer's failure to honor a unilateral promise to hire is treated as a wrongful dismissal (no real and serious cause) that you can also challenge with the labor council.
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