Umowa o pracę na czas określony oraz problem przyczynowości jej wypowiedzenia – stan obecny oraz tendencje zmian
An Employment Contract for a Specified Period and the Problem of the Causation of a Notice – Current Status and the Tendencies of Changes

Summary/Abstract: An employment contract for a fixed term is now treated by the labour market as a flexible form of employment, which is a substitute for a contract of indefinite duration. In this context, there is a problem of the widespread usage of determinants as a basis for employment, employer and the employee’s position in regard to determining the type of employment contract. The article discusses the impact of determinants on the shape of the fix term contracts content, especially the admissibility of the notice before the date on which was concluded. Employees’ week negotiating position causes that employers often impose on them fixed term contracts. In consequence, contracts are concluded for a long period of time and include clauses allowing employer the causeless notice before the exact date of the end of the contact. As far as the job security is concerned, a fixed term contract is comparable to an employment contract for a probationary period. For example in both cases the employer doesn’t have to consult an employee’s notice with trade unions. What may arouse controversy is the negative position of that Constitutional Tribunal. The Tribunal confirms the compliance of the Constitution with the Polish Labour Law in the range of the principle of causeless termination of employment for a specified period.

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