Umowa o pracę na czas określony — postulaty de lege ferenda

Abstract

Fixed-term employment contract — de lege ferenda demands

Even though Article 32 of the Polish Constitution allows to differentiate the subjects, Polish national legislature appears to be ignoring the obligation to be guided by important characteristics when drawing a distinction in the legal situation of employees employed by virtue of fixed-term employment contracts and employment contracts for indefinite period of time. In the opinion of the author, legislation is necessary. New regulations should execute the following demands: allowing termination clause only in fixed-term contracts concluded for more than 12 months, adapting the notice period to the period of service of the employee, legal sanctions for termination of contracts when they lack termination clause, obligation to consult the termination of contract with trade union which represents the employee and also obligation to justify the termination of contract.