| Abstract [eng] |
Open-ended employment contracts are the most general and the main form of employment relationship between employers and employees; however, in certain circumstances – for the purposes of performing temporary work – there is an increasing need for recruitment of employees under fixed-term employment contracts, which in certain circumstances better respond to the interests of both employees and employers. This master thesis considers the provisions stipulated in the Lithuanian and Polish labour law regarding discernment of the fixed-term employment contract, preconditions for its conclusion, specific features of its execution as well as the basis for and restrictions on its termination; implementation of these provisions in judicial practice is considered. The author also analyses compliance of the provisions of both states regulating the fixed-term employment contract with the general requirements set forth in Council Directive 1999/70/EC and committing every member state to lay down in national legislation the norms ensuring equal treatment for fixed-term workers by protecting them against discrimination and to prevent abuse when concluding fixed-term employment contracts. It should be noted that the majority of the norms regulating the fixed-term employment contract in the Lithuanian Labour Code and the Polish Labour Code have been harmonised with legal acts of the European Union and international legal acts. Analysis of the fixed-term employment contract by comparing both states’ national labour law norms shows that the Polish Labour Code is focused on liberal legal relations of employment based on the equality of the parties, whereas the Lithuanian Labour Code is characterised by a stricter regulation of provisions of the fixed-term employment contract. |
