The duration of a contract is often determined by an express provision or can be determined by the nature and purpose of the contract. However, there are cases where the duration is neither determined nor determinable. An indeterminate contract is a contract that does not set a time limit for the duration of the contract or a procedure for terminating the contract. It generally includes agreements relating to the regular, cyclical or transfer of goods and services. Indeterminate contracts are generally used when the duration of the contract cannot be easily estimated, but each party is willing to cooperate with the other for a long period of time. While the characterization of a contract as temporary or indeterminate involves a case-by-case analysis of the contractual provisions and the conduct of the parties to determine their intentions, it is useful to know the relevant criteria of the Quebec courts to ensure that the employer`s intentions are not disrupted by editorial errors or inconsistent behaviour. (a) limit the use of fixed-term contracts in cases where the employment relationship cannot be indeterminate because of the nature of the work to be performed or the circumstances in which it is to be performed, or the interests of the worker; In some legal systems, as in most U.S. states, parties cannot enter into indeterminate contracts because they are contrary to public policy and are therefore not enforced. However, in South Africa, the parties may enter into an indeterminate contract as long as they specify that they intend to be permanently bound. If the contract does not set the duration or expiry date of the contract or the termination procedure, but if the parties intended to execute the contract for an indeterminate period, the court will generally not insert any tacit clause that the contract can be terminated without notice. In Golden Lions Rugby Union and Another/First National Bank of SA Ltd 1999 (3) SA 576 (SCA), the Tribunal found that the applicant to the appeal was permanently bound by a written agreement, since the agreement contained a clause expressly stating that the undertaking was permanent or until the respondent terminated it.

In Kelvinator Group Services of SA (Pty) Ltd/McCullogh 1999(4) SA 840, the Tribunal found that an attributable clause could only be reasonable or desirable, but necessary, and that such a tacit clause should not be taken into account in an agreement if it was contrary to its express provisions. With respect to the third consideration, given that the relationship between the parties is in the nature of the relationship, the CAS found that the Tribunal had found a lack of doubt as to the working relationship between the parties. The relationship appeared to be in good faith and confident of the treaty. Fourth, the circumstances of the agreement were taken into account. The unpredictable and variable nature of factors such as production costs, transportation costs, landing costs and applicable exchange rates would lead to the conclusion that the parties did not intend to be permanently bound. After Bouasse`s decision, an employee almost always experiences problems, inconveniences, stress and anxiety after a layoff.1 While stress, Anxiety and inconvenience are generally recognized as forms of prejudice for which a person can claim compensation, a rule legally developed in Standard Broadcasting Corporation Ltd.c. Stewart, 1994 CanLII 5837 (QC CA) [“Standard Broadcasting”] finds that such damages cannot be awarded for the easy termination of an unspecified employment contract. Indeed, the Civil Code of Quebec [the CCQ] explicitly states that an employer and a worker may unilaterally terminate an indeterminate employment contract, provided that the contracting party terminating the contract is terminated to the other party.2 If the relationship between the parties was essentially an indeterminate agreement, the employer owed its employees more than $100,000 under the ASA.