Termination of a fixed-term employment contract

A fixed-term employment contract is by definition not permanent in nature like a contract of indefinite duration. It is also easier for the employer to terminate it. I wrote about the termination of the employment contract for an indefinite period in an earlier entry.

A common element is the deadline for appealing against such termination. It is exactly 21 days from the receipt of the notice, so it is worth writing down the date on which you received it at the time of receiving the notice of termination to know how much time you have for a possible reaction. The appeal shall be brought before the General Court.

Justification for termination of a fixed-term employment contract

Termination of the contract should be made in writing. Unlike an employment contract of indefinite duration, the termination of a fixed-term employment contract does not have to contain a justification for the reasons for the termination, although the employer may conclude such a justification.

Possible demands of the employee, reinstatement to work, compensation

If the termination of the employment contract for an indefinite period violates the provisions of the Labor Code, the Employee may refer the case to the Labor Court against the Employer and demand:

1. finding the ineffectiveness of the termination, i.e. determining that the termination did not have any effects – as a consequence, the employee returns to work,
2. Compensation.

Ineffectiveness of termination of a fixed-term employment contract – reinstatement to work

When we request that the termination be declared ineffective and the Court agrees with us, it may terminate the case in the following ways:

• If the employee is still working (the notice period has not expired), the court determines that the notice does not have any effect and the employee continues to work, and for the entire period he is entitled to remuneration, as if he had never received a notice.
• If the employee no longer works, the Court orders the employer to return the employee to work and additionally for the period from the end of the contract to the restoration grants him remuneration, however, not more than for 2 months, and when the notice period was 3 months – no more than for 1 month.
• If, for some reason, reinstatement is impossible, the Court shall instead award damages.

Compensation for unlawful termination of a fixed-term employment contract

The amount of compensation is the equivalent of remuneration for a period of 2 weeks to 3 months, but not lower than the remuneration for the notice period.

When can I challenge the termination of an employment contract of indefinite duration?

Termination of a fixed-term employment contract may be challenged in court only if it is unlawful. Illegality may concern many conditions that must be met by the employer when terminating a fixed-term employment contract. Such conditions are, among others:

• failure to observe the written form of termination of the employment contract,
• lack of consultation with trade unions,
• termination of the contract to a protected person, e.g. a pregnant woman, a person who has reached pre-retirement age,
• termination of the employment contract of a person on sick leave,
• termination of the employment contract of an employee on leave,
• Other.

If you have any doubts whether the notice violates the provisions of labor law, it is worth using the advice of a lawyer.