From Monday come into effect new rules for the conclusion of fixed-term contracts of employment – possibility of extension has been limited to 33 months.
announced six months ago amendment to the Labour Code, which Parliament passed June 25, 2015 r., also changed the length of the notice period for temporary contracts – has harmonized them with the agreements fixed.
the total period of employment under fixed term contracts between the same parties can not be longer than 33 months. Regardless of the period, the number of these agreements will not be able to exceed three – the fourth under the law becomes a contract of indefinite duration. Previously, you will be able to conclude an agreement for a trial period of no longer than three months.
This means that a maximum of three years – starting with the agreement Trial – fixed-term contracts be changed by law for indefinite duration.
the amendment gives the employer the right to renew the contract for a longer period, “when the employer indicates objective reasons for lying on his side.” Such agreements will be longer but you must notify the National Labour Inspectorate.
The exceptions to the limit may also be a temporary agreement concluded for a definite period in order m.in .: replace an employee during his excused absence; work of a dorywczym or seasonal; work for the term.
From Monday to change also the period of termination of the contracts of employment for a specified period. It will now depend on the time of employment with the employer – as is currently the case for contracts of indefinite duration. With employment less than six months, the notice period is two weeks from six months to three years – a month, and more than three years – three months.
So far, the notice period of temporary contracts was two weeks, regardless of the time for which they are concluded. In March of 2014. The Court of Justice of the EU ruled that a two-week notice period for temporary contracts, regardless of length of employment is discriminatory.
The Act also improves the situation of pregnant women employed on fixed-term contracts. It is assumed that the employment contract for a definite period or for a trial period exceeding one month, which would be terminated after the third month of pregnancy, shall be extended until childbirth. After the birth, the mother is entitled to maternity allowance after the end of insurance – termination of employment.
The Code also been added in practice solution – exempt from the obligation to work for a period of termination of employment. During this exemption the employee retains the right to remuneration.
The previous government changed the rules to limit the unjustified use by employers of temporary contracts. They were often concluded for very long periods without objective justification and deprive workers a sense of stability and security – justified in the submission of the government.
The government and parliamentarians in the debate on the draft notes that the amendment does not eliminate temporary contracts as such from the agenda legal in Poland, although the basis for employment should be a contract of indefinite duration.
According to the labor Code, Monday will be able to conclude only one of the three agreements – on a trial basis for a limited period or indefinitely . The existing contract for a particular job or temporarily substitute an absent employee will now be fixed-term contracts.
The transitional provisions define in detail how to treat the currently ongoing contract periodically – or count limits introduced effective from Monday amendment.
PAP
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