If an employee proposes or agrees to renew and conclude a labor contract in any of the following circumstances, an open-ended labor contract shall be concluded, unless the employee requests the conclusion of a fixed-term labor contract instead: (3) Where a labor contract was concluded as a fixed-term labor contract on two consecutive occasions and the employee, in the absence of any of the circumstances stipulated in Article 39 and items (1) and (2) of Article 40 of this law, renews such contract." 14(3) ECL :" (.) An open-ended labor contract may be concluded between an Employer and an employee upon consultation.
While some national systems do not regulate the use of fixed-term contracts, others consider one or several types of safeguards: establishing the list of reasons under which enterprises are allowed to use fixed-term contracts, placing limits on the maximum number of successive fixed-term contract with the same worker, or placing limits on the maximum cumulative duration of successive FTCs.Īrt. (c) deeming contracts for a specified period of time, when renewed on one or more occasions, other than in the cases mentioned in clause (a) of this subparagraph, to be contracts of employment of indeterminate duration” (para. (b) deeming contracts for a specified period of time, other than in the cases referred to in clause (a) of this subparagraph, to be contracts of employment of indeterminate duration (a) limiting recourse to contracts for a specified period of time to cases in which, owing either to the nature of the work to be effected or to the circumstances under which it is to be effected or to the interests of the worker, the employment relationship cannot be of indeterminate duration It provides, for example, that “provision may be made for one or more of the following: 166) provides guidance on adequate safeguards that can be implemented. The Termination of Employment Recommendation, 1982 (No. However, it also provides that “adequate safeguards” must be provided against recourse to such contracts that would aim at avoiding the protection resulting from the Convention (Art.2(3)).
158 specifies that member States may exclude workers engaged under “a contract of employment for a specified period of time or a specified task” from all or some of the provisions of the Convention (Art.2(2)). In the majority of cases, no severance pay is paid. This is because the employer generally does not need to provide a justification for ending the employment relationship, as the FTC includes a set end date. Fixed-term contracts typically offer a lower level of protection to workers in terms of termination of employment as compared to contracts of indefinite duration.
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