Labour law

What types of employment contract are there?

Huquqchi legal team

An employment contract may be open-ended, or fixed-term for no more than three years. A fixed-term contract is made only in the cases the law names. If the contract states no term, or there is no sufficient ground for a fixed term, the contract counts as open-ended.

The two main types

Open-ended — the main and the most common form. Fixed-term — for no more than three years, and only in the cases the law names. Under article 112 of the Labour Code, it is made when the character of the work, or the conditions of its performance, do not allow an open-ended contract. In the cases article 113 lists (for example, work in a microfirm or work by secondary employment), the parties may agree on a fixed-term contract.

An important rule

Under article 110 of the Labour Code, if the contract states no term, it counts as made for an indefinite term. This rule protects the employee.

When a fixed-term contract ends

The party that wants to terminate the contract must warn the other party in writing at least three calendar days before. A contract made for the time of an absent employee is the exception. If the employment relations continue after the term ends, and neither party demands their termination within one week, the contract counts as made for an indefinite term.

What to check

Whether the fixed term is justified; whether the contract states the term clearly; whether consecutive fixed-term contracts hide an open-ended relationship.

Legal sources

Legal basisLabour Code, article 110 Legal basisLabour Code, article 111 Legal basisLabour Code, article 158

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.