The specificity of a fixed-term contract is a top-down specification of the time for which it is concluded, which means that it is valid only temporarily. This is one of the types of employment contract.
The year 2016 brought changes to this type of contract. According to them, it was established that it can not be concluded for longer than 33 months. When an employer has already concluded with his employee two contracts for a definite period, the third of them is treated as an indefinite contract. This happens when the gap between these two contracts is no longer than two weeks.
The fixed-term contract automatically changes into a contract for an indefinite period during the third contract, even if the formal obligations related to it are not treated.
This does not apply to replacement contracts signed during the absence of a given employee, seasonal contracts, as well as the term of office. A special situation that does not compel an employer to sign a permanent contract is when he shows that the employee has special skills and competences that the company needs only for some time and then they will be useless. In such a situation, it ceases to be obliged to replace the fixed-term contract with an indefinite contract.
A fixed-term employment contract is automatically terminated when the time limit for which it has been concluded has been exceeded. Of course, you can also solve it in advance. Similarly, the establishment of an employment relationship takes place on the date specified in the contract as the day of starting work. If there is no such date on the contract, it is considered not to be the day of the contract.
The employer is obliged to notify the competent regional labor inspector about the conclusion of a fixed-term employment contract. It should be demonstrated that signing such a contract is justified by objective circumstances. The prepared notice should be submitted in writing or electronically within five working days from the moment it is signed.
The length of the notice period is determined by the working time of the given employer. The termination takes two weeks if the person is employed for less than six months and a month if the employee is in a given company for more than six months. The longest notice period – three months, applies when the employee is employed by a given employer for not less than three years.
What counts for this period of employment? All time worked, regardless of breaks during employment. There are also situations in which the working time affecting the length of the notice period also includes the working time of the previous employer. This applies to situations such as, for example, the acquisition of a given company by another company, along with employees.
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