| Abstract [eng] |
The study of this master’s paper is fixed-term employment contract. This contract is the product of the flexible working arrangements. Legislator followed Council Directive 1999/70/EB concerning the framework agreement on fixed-term work concluded by European Trade Union Confederation (ETUC), Union of Industrial and Employer’s Confederations of Europe (UNICE) and the European Centre of Enterprises with Public Participation (CEEP) provisions, which regulates fixed-term employment contracts. Fixed-term contract must include essential conditions, which are characteristic for usual employment contracts. Whereas fixed-term employment contract has additional conditions, which are essential conditions for fixed-term employment contract. These conditions are temporary work and terminated labour relations. The term of an employment contract may be determined until a specific calendar date or occurrence, change or cessation of specific circumstances. Employer has no right to discriminate fixed-term workers on a basis that these workers are employed on a fixed-term contract. Employer has an obligation to inform fixed-term workers about free workplaces of regular work. Fixed-term contracts finishes by the end of the working contract term. If the term of an employment contract has expired, whereas employment relations are actually continued and neither of the parties has, prior to the expiry of the term, requested to terminate the contract, it shall be considered extended for an expiry of its term, is not extended or is terminated, but within one month from the day of its termination another fixed-term employment contract is concluded with the dismissed employee, such a contract shall be recognized as concluded for an indefinite period of time. If an employment contract, upon the expiry of its term, is not extended or is terminated, but within one month from the day of its termination another fixed-term employment contract is concluded with the dismissed employee, such a contract shall be recognized as concluded for an indefinite period of time, except some cases. When fixed-term contract ends, worker does not gain severance pay, but employer must settle accounts with an employee being dismissed. Other fixed-term contracts are seasonal employment contract and temporary employment contract. A seasonal employment contract shall be concluded for the performance of seasonal work. Seasonal work due to natural and climatic conditions is performed not all year round, but in certain periods (seasons) not exceeding eight months (in a period of twelve successive months), and is entered of the list of types of seasonal work. A temporary employment contract shall be an employment contract concluded for a period not exceeding two months. |
