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HIRING BY COMPETITIVE EXAMINATION

When a contract of employment is concluded through the open competition procedure, the announcement of the examination constitutes an offer by the employer to an indefinite number of people to enter into the contract, and the submission of an application followed by participation in the examination counts as acceptance of the offer. When the application (acceptance of the offer) is received by the employer, the contract of employment is deemed to have been concluded, but to be subject to the suspensive condition of the candidate's success in the examination. When the results of the examination become known and are made public by the employer or his or her appointed agent, if the candidate is successful (and the suspensive condition thereby fulfilled) the contract of employment takes full effect and the successful candidate is deemed to be a de jure employee of the employer who announced the competition. This employer is under an obligation to hire or, more accurately, to employ the successful candidate within a reasonable time, on the basis of contractual practice and good faith.

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