Employment is based on an open-ended employment contract. The employment contract may, in exceptional circumstances, be concluded for a definite time period, in order to establish employment where termination is determined in advance for objective reasons such as deadline, performing a certain job or the onset of a certain event.
The Labour Act limits the duration of fixed-term employment, contracted for an uninterrupted period not exceeding three years, with a break of less than two months not considered an actual break in the three-year period.
The employment contract is concluded in written form. Failure by the contracting parties to conclude an employment contract in writing does not affect the existence and validity of the contract. If an employer does not conclude a written employment contract with the worker before the commencement of work or does not issue the worker a written confirmation of concluding the contract, the law deems that the employer has concluded an employment contract with the worker for an indefinite time period.
Employment contract must contain information on:
1. The parties and their place of residence, or seat,
2. Location of the job, and if there is no permanent or main location of work, a note that the work is performed in different locations,
3. Name of job, nature or type of work for which the worker is employed or a short list or description of tasks,
4. Starting date of work,
5. Expected duration of the contract, in case of fixed-term employment contracts,
6. Duration of paid annual leave to which the worker is entitled, or when such information cannot be given at the time of concluding the contract, i.e., the issuing of a confirmation, the manner of determining duration of leave,
7. Notice periods to be adhered by the worker or employer, and in case such information cannot be given at the time of concluding the contract or issuing a confirmation, the manner of determining notice periods,
8. Basic salary, salary allowances and periods for payment of benefits to which the worker is entitled,
9. Duration of the regular working day or week.
Instead of the information referred to in the above Points 6, 7, 8 and 9, references to relevant laws, regulations, collective agreements or Employment Rules that regulate these issues may be made in the contract, i.e., conformation of concluding an employment contract.
The lowest age limit for employment contracts
The Labour Act stipulates that fifteen years of age is the lowest age limit for concluding an employment contract and, in that sense, stipulates that a person under fifteen years of age or a person who is fifteen, older than fifteen, and younger than eighteen who attends obligatory primary education may not be employed.
Probationary period for employment
The Labour Act also regulates the issue of the employment probationary period stipulating how the probationary period is contracted when concluding the employment contract. The probationary period should not last longer than six months. If a probationary period is contracted, the termination period is at least seven days. Dissatisfaction with the worker during the probationary period represents a justifiable reason for termination of the employment contract. Provisions on termination of an employment contract from the Labour Act do not apply to dismissal during the probationary period, except for Article 120 (the form, justification and delivery of the dismissal notice), Article 121, paragraph 1 (notice period) and Article 125 (termination of the employment contract by court order).
