Between the signing of the contract and the actual start of the employment relationship, the employer or the employee may have to terminate it. In this respect, the case law allows the employment contract to be terminated even before the start of the employment.
1. Termination by the employee
In this case, the employee will be obliged to report to work for 7 days, unless the employer waives this.
If he does not report, the employee is subject to the legal provisions on abandonment of post, which provide for the payment to the company of compensation equal to 25% of the monthly salary plus potential damages.
2. Termination by the employer
In this case, the employer will have to pay the equivalent of 7 days’ salary – potentially more if the employee can prove damage.
The employee does not have to report to work. Furthermore, he/she has no protection against dismissal as he/she is considered to be on probation (no suspension in case of illness for example).
3. Conclusion
In all cases, the employment relationship will end 7 days after the date (planned or actual) of entry into service.