Fixed-term contract
It is a contract that includes the final date of the employment relationship. Such a contract is terminated upon the lapse of the period for which it was concluded.
The period of employment on the basis of a fixed-term contract is limited to 33 months. That period of employment also applies to the duration of several fixed-term contracts concluded between the same employee and the same employer.
The number of contracts entered into by an employee with the same employer is also restricted. It may not be more than three and the fourth contract becomes a contract for an indefinite term.
Exceptions are provided for in the case of:
- substitution contracts,
- contracts for a term of office,
- in the context of seasonal and occasional work; and
- if there are objective reasons on the part of the employer,
if conclusion of a fixed-term contract in a given case is a response to a genuine periodical need and is necessary in that regard in the light of all the circumstances of the conclusion of the contract,
- extension of the contract (which would be terminated after the end of the third month of pregnancy) until the date of childbirth.
The extension of a fixed-term contract of employment during its term is regarded as conclusion of a new fixed-term contract.
If the period of employment on the basis of a fixed-term contract of employment is more than 33 months or the number of contracts exceeds 3, the employee is presumed to be employed for an indefinite term from the day after 33 months or from the date of conclusion of the fourth fixed-term contract.
The contract shall additionally specify the purpose or circumstances of the conclusion of the contract, by including information on the objective reasons justifying the conclusion of the contract:
- for the purpose of substitution,
- for a term of office,
- in the context of seasonal and occasional work, and
- in the case of objective reasons attributable to the employer.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)