Validity of a fixed-term employment contract concluded between an employer and a foreign worker

Facts

X., a Portuguese worker, was employed by Y., a farmer, as a seasonal worker from 1996 to 1999. In order to enable X. to obtain an annual residence and work permit (permit B) for the year 2000, the parties signed a permanent employment contract on August 27, 1999, providing for a gross monthly salary of 3,582 francs. Based on this contract, X. obtained the required administrative authorization.

However, on April 15, 2000, the parties concluded a new fixed-term employment contract, from March 15 to December 15, 2000, with a gross monthly salary of 2,920 francs. X. worked under these new conditions without protest.

Upon expiration of this fixed-term contract, X. claimed payment of the salary provided for in the contract of August 27, 1999. The legal proceedings initially focused on the question of which employment contract was applicable.

Considerations

The Court considered that the salary clause of the contract of April 15, 2000 was null and void, as it provided for a lower salary than that set in the administrative authorization issued on the basis of the contract of August 27, 1999. The employer could therefore not rely on this clause, in accordance with the case law of the Federal Tribunal.

However, the Court ruled that the limitation of the contract term to December 15, 2000 provided for in the contract of April 15, 2000…