Drafting an offer or promise of an employment contract

Verified 12 March 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)

After a recruitment, the company can formalize its commitment to the candidate it has selected by giving him a promise of employment. She can do it on its own initiative or at the request of the candidate . In practice, the promise of employment may take 2 shapes different: one offer of employment contract or a unilateral promise of contract. These two concepts are not defined by law, but they are governed by court decisions, i.e. by the case-law. Their legal effects are different. We present you the information to know.

Giving a promise of employment is not mandatory. Most companies confirm the successful candidate after a recruitment by verbal agreement, by email or by delivery of the employment contract.

A promise to hire can be helpful in some cases to secure engagement before the contract is signed (delayed take-over, waiting for validation for example), regardless of the type of contract (DTA: titleContent, FIXED-TERM CONTRACT: titleContent).

The offer of employment contract and the unilateral promise of contract are formalized by written (letter or e-mail), to ensure proof.

In order for these documents to be considered a unilateral offer or promise, they must specify the following:

  • 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
  • Deadlines for advance notice in case of breach of contract
  • Possibly non-compete clause or mobility

A reflection period must be left to the candidate.

The website of the Digital Labor Code offers a hiring promise template.

FYI  

Although the employment promise includes the essential elements of the employment contract (identity and address of the employer and employee, function and professional qualification, place of work, working hours, remuneration, etc.), it does not replace it.

More than content written, it's especially the actual intent the employer who qualifies the promise.

The offer of an employment contract is a simple proposal for employment issued by the company. His intention to hire is clear but it can be retracted.

The unilateral promise of contract is also a proposal to hire but which manifests a stronger intention of the company. It is worth employment contract and the candidate has a right to opt for the conclusion of this employment contract.

The unilateral promise of contract is more engaging the offer, or the proposed contract.

THEoffer of employment contract does not yet commit the company definitively. It's a job offer. The company only expresses its willingness to be bound if the employee accepts it.

In the case of unilateral promise of contract, the contract shall be considered as already formed. All that is missing is the candidate's acceptance.

The two situations must be distinguished: that of the offer of contract and that of the unilateral promise.

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Offer of employment contract

Company

The offer of an employment contract can be retracted (canceled) as long as it has not reached its addressee.

The company may also withdraw its proposed employment contract within the period it has left the candidate, or failing that, before a reasonable period of time has elapsed for accepting or refusing it. The employment contract will not be formed. However, the company may be ordered to pay damages and interest to the candidate if the latter proves that he has undergone a harm because of this waiver (e.g. the future employee has submitted his resignation to his current employer).

Once the offer is accepted, the company can no longer withdraw. If she did so anyway, the termination on her initiative would be considered as a dismissal without real and serious (unjustified) cause, with the consequences which are related to it.

Candidate

The candidate may accept or refuse the offer of employment contract in the deadline set by the company.

If he accepts the offer of an employment contract but reneges on his commitment (he changes his mind) the candidate may have to pay damages and interest to the company if it can demonstrate that it has suffered harm.

Unilateral promise of employment contract

Company

The employer cannot withdraw (withdraw his promise). If he did so anyway, as the employment contract is considered to be formed, the termination would be assimilated to a dismissal without real and serious cause (unjustified), with the consequences which are related to it.

Candidate

The candidate, beneficiary of the unilateral promise of employment contract, may accept or refuse the conclusion of the employment contract, in the deadline set by the company.

If the candidate accepts the unilateral promise of contract but reneges on his/her commitment (e.g. he/she does not show up at the workplace on the agreed day), the candidate may have to pay damages and interest to the company.

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The public service accompanying companies

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