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Fixed-term employment - one of the most frequent forms of atypical employment

Publication at Faculty of Law |
2015

Abstract

Fixed-term employment is a frequently used form of atypical employment. Currently, it may be concluded for the maximum period of three years; its conclusion might be repeated twice, always for the period of three years.

As a result, the longest period of its conclusion including two prolongations might be for the total period of nine years. Exceptions and conditions of conclusion are determined by the Labour Code.

First and foremost it is concluded when the employee should carry out short-term work, temporary work, seasonal jobs, work substituting for an employee taking her maternity leave or for an employee taking his or her parental leave, etc. A fixed-term employment contract terminates upon expiration of an agreed period, if the contracting parties do not agree otherwise.

There is no protective period included, even if the employee is pregnant. Employees are not entitled to any redundancy payment in relevant situations.

Certain employers prefer to conclude a fixed-term employment contract rather than an indefinite time employment contract mainly because the former represents a simple way of termination of the employment relationship. It is possible to state that the position of an employee who has concluded an indefinite time employment contract is more advantageous than that of an employee carrying out the work under a fixed-term employment contract.

The protection of the latter provided by legal regulations is on a lower level.