The Labour Code distinguishes three types of employment contracts, including an employment contract for a trial period, an employment contract for a fixed term and an employment contract for an unlimited term. The employer should confirm in writing for the employee the conditions as regards the parties to the contract, its type and terms and conditions, particularly conditions of pay. All changes to the conditions of work and pay require a written form. It is also possible to conclude with an employee a part-time employment contract. Such employment may not, however, result in less advantageous employment terms and conditions in comparison to full time employees who perform the same of similar work.
Unlimited-term contracts are the most common. Recently, however, there is a trend to depart from this form of employment toward fixed-term contracts or agreements in civil law. A fixed-term employment contract is concluded either until an agreed calendar date or until the date, which can be defined by a fact, which will occur in the future.
There are four exemptions when fixed-term employment contracts can exceed the otherwise designated limits regarding the period of employment (not to exceed 33 months) and the number of contracts (may not exceed 3):
- for replacement for an employee during their justified absence from work,
- for performance of occasional or seasonal work,
- for performance of work for a term of office,
- if the employer indicates objective reasons attributable to the employer (in such cases, the relevant district labour inspector must be notified in writing by the employer in case of conclusion of a fixed-term employment contract).
An employment contract for a trial period is concluded in the event when, prior to making a decision on initiating an employment relation, one or both parties thereto wish to get acquainted with the conditions of the future execution of mutual rights and obligations at a workplace. It is up to the parties to conclude such an agreement. The trial period may not exceed three months.
Requiring a notice period in an employment contract is acceptable if provisions of law state so. The Labour Code allows for a notice period in a contract concluded for a trial period, for a fixed-term and for an unlimited term. The notice period may vary from two weeks, one month, or three months for both fixed and unlimited terms; and 3 working days, 1 week or 2 weeks for contracts wherein the trial period is concluded. In principle, it is possible, by way of normative agreements, to introduce longer notice periods than the ones provided for in the Labour Code.