A critique of the normative regulations of a temporary employment contract Cover Image

Krytycznie o regulacji normatywnej umowy o pracę na czas określony
A critique of the normative regulations of a temporary employment contract

Author(s): Piotr Kapusta
Subject(s): Civil Law, Human Resources in Economy
Published by: Wydawnictwo Uczelni Jana Wyżykowskiego
Keywords: temporary fixed-term employment contract; limitation of temporary employment contract; termination of temporary employment contract; types of employment contracts

Summary/Abstract: A temporary employment contract is a departure from the employment rule on the basis of an indefinite duration contract and use of that form of employment requires objective justification. Despite the numerous legal amendments to the fixed-term employment contract, the Polish legislature still does not need to indicate the reasons for its conclusion, unless the parties wish to avoid a counting period of employment under a given contract or a specific agreement to code limits. As a result of the amendment effective from 22 February 2015, an artificial division of fixed-term contracts was established, which is not systematically justified. In addition, rigid regulation of quantitative and temporal restrictions on the term employment was imposed unreasonably, which would unduly restrict the use of such contracts in the future, imposing too much responsibility on employers for verifying the quantity and the total length of all previously concluded terms contracts.

  • Issue Year: 1/2017
  • Issue No: 10
  • Page Range: 45-60
  • Page Count: 16
  • Language: Polish