Nadużycie prawa do zawierania terminowych umów o pracę w kontekście ich społeczno-gospodarczego przeznaczenia
Abuse of the right to conclude fixed-term employment contracts in the context of their socio-economic purpose

Author(s): Sebastian Koczur
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: fixed-term employment contract; employment stability; socio-economic purpose of law; abuse of law
Summary/Abstract: Although the legislator in Art. 25¹ of the Labor Code indicates the limits within which it is permissible to conclude an employment contract for a definite period of time, however, the above does not mean that in each such case the conclusion of this type of contract will be correct. It should be taken into account that fixed-term contracts are a breach in the labor law in the guarantee of stable employment, performed on the basis of an indefinite employment contract. Therefore, for the use of a fixed-term employment contract to be correct, the parties must have a justification for choosing this type of contract. Otherwise, such an agreement will be concluded in violation of its socio-economic purpose, and as a consequence, constituting a manifestation of abuse of the law, it will not benefit from protection. Given the above assumptions, the author in this study considers under what circumstances the conclusion of a fixed-term employment contract may be contrary to its socio-economic purpose and what will be the consequences of such recognition.

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