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Flexibility of the Parties Involved in an Employment Relationship in Setting Out Certain Elements of the Text of the Employment Contract

Summary/Abstract: This study paper analyses the regulations applicable to the text of an employment contract.Consideration is given to the type of contract, contract conclusion date, work commencementdate, nature of work, location of the workplace, compensation for work, working time limits,allowances due for business travel, and specific regulations concerning the working time. Thepurpose of the research was to find out whether the parties to an employment contract enjoyflexibility in determining the foregoing contractual issues, or their liberty in this respect is largelyrestricted. The article embraces the amendment to the Labour Law regulations pertinent to fixedtermemployment contracts, which took effect on 22 February, 2016, as well as the amendmentto the National Minimum Wage Act, in place as of 1 January, 2017. The legal-dogmatic analysishas demonstrated that an explicit conclusion with regard to flexibility of the parties involved in anemployment relationship in setting out certain elements of the employment contract is impossibleto reach. In respect of some components the leeway is greater (e.g. nature of work, location of theworkplace), in respect of other elements it is more restricted (e.g. type of contract, compensationfor work). Also dissimilar are the sources of such restrictions – Labour Law regulations, provisionswithin other primary and secondary legislation, provisions of collective labour agreements andother collective agreements, or, last but not least, the very nature of the employment relationship.

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