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ARUBA | Employment agreement

There are no requirements as to the form of an employment agreement. The employment agreement can be made in writing or verbally. However, for certain provisions (e.g. non-competition) the written form is mandatory. The agreement can be entered into for an indefinite period of time or for a definite period of time. However, an employment agreement for a definite period of time must be concluded in writing and should meet the following criteria:
  1. It should meet a need for temporary labor, which need only exists in a certain part of the calendar  year, and is the result of the increase in the activities of the company during this period;  
  2. It is related to the replacement of one or more temporarily absent workers;  
  3. It is related to the execution of a precisely described work or project; or
  4. It is related to the performance of casual, irregular work.
In the event an employment agreement for a definite period of time has been concluded without due observance of the criteria above, the provisions concerning the termination of an employment agreement for an indefinite period of time shall apply to such agreement for its termination.