Wady konstrukcyjne umów o pracę na czas określony w polskim prawie pracy
Defects in the legal construction of fixed-term employment contracts in Polish labour law

Author(s): Jakub Stelina
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: employment contracts; fixed-term employment contracts; fixed-term employment; ter¬mination of an employment contract
Summary/Abstract: The author explains what the defects were in the legal construction of fixed-term employment contracts in Polish labour law. With the entry into force of the Labour Code in 1975, the principle was adopted that contracts of this type could be terminated earlier if the content of the contract provided for this possibility. This solution, after 1989, contributed to huge pathologies on the labour market related to the abuse of fixed-term contracts by employers. The legislator has repeatedly attempted to rectify this situation by, inter alia, introducing restrictions on the use of these contracts. These attempts were mostly ineffective, and the reason for the popularity of fixed-termcontracts was that they could be unilaterally terminated. For incomprehensible reasons, in 2016 the legislator extended the possibility of such terminations and thus completely distorted the essence of the contracts in question.

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