30.09.2022

THE IMPORTANT THINGS WHEN WORKING ON A TERM EMPLOYMENT CONTRACT

Fixed-term employment contracts are those whose content has a precisely defined or determinable term. The various fixed-term employment contracts are comprehensively listed in Art. 68, para. 1, items 1 - 5 of the Labor Code. In Art. 68, para. 2 of the Labor Code provides that employees under a fixed-term employment contract under Art. 68, para. 1 of the Labor Code have the same rights and obligations as employees under an employment contract for an indefinite period of time. They cannot be placed at a disadvantage only because of the fixed-term nature of their employment relationship compared to employees under an employment contract for an indefinite period who perform the same or similar work in the enterprise, unless the law places the exercise of certain rights in depending on the qualification held or the skills acquired.

When there are no workers and employees employed in the same or similar work, workers and employees under a fixed-term employment contract cannot be put in a more unfavorable position than other workers and employees who work under an employment contract for an indefinite period. When an employment contract is concluded for a certain period on the basis of Art. 68, para. 1, item 1 of the Labor Code, this may be for the performance of temporary, seasonal or short-term activities or exceptionally - for works and activities that do not have a temporary, seasonal or short-term nature.

According to Art. 68, para. 3 of the Labor Code fixed-term employment contract under Art. 68, para. 1, item 1 is concluded for the performance of temporary, seasonal or short-term works and activities, as well as with newly hired workers and employees in enterprises declared bankrupt or in liquidation. In para. 4 of Art. 68 of the Labor Code, it is regulated that, exceptionally, a fixed-term employment contract under Art. 68, para. 1, item 1 for a period of at least one year may be concluded for works and activities that are not of a temporary, seasonal or short-term nature. Such an employment contract can also be concluded for a shorter period at the written request of the worker or employee. In these cases, the fixed-term employment contract under Art. 68, para. 1, item 1 with the same worker or employee for the same job may be re-contracted only once for a period of at least one year.

It should be borne in mind that according to Art. 68, para. 5 of the Labor Code employment contract under Art. 68, para. 1, item 1, concluded in violation of para. 3 and 4 of the same provision, is considered concluded for an indefinite period.