Review article
The fixed-term employment contract as an atypical contract
Boris Buklijaš
Abstract
It is indisputable that there are cases when by the nature of things it is necessary to conclude a fixed-term employment contract because there are activities which may obviously last only for a fixed term (for instance seasonal activities) and which are terminated upon the expiration of this term or the occurrence of a certain event. Such contracts are, therefore, exceptions to the rule according to which employment contracts are primarily concluded for an open-ended period of time and they are, by their character, atypical contracts of labour law. In contemporary circumstances of life and work through the so-called social globalization and more flexible employment relations, the number of concluded fixed-term employment contracts has considerably increased, even in those legal systems which have traditionally set strict legislative frameworks for their application. This is confirmed by the analysis of the situation in some European countries and the European Union in which there are attempts to reduce the application of fixed-term employment contracts only to the cases when it is really necessary, or if they satisfy best interests of employees and employers. Nevertheless, in reality the situation is such that, recently, they catch up with and even exceed the number of typical open-ended contracts of employment. Namely, such contracts more and more destruct the typical open-ended employment relation, and what used to be an exception, is actually becoming the rule.
Keywords
employment contract; atypical contract; labour law
Hrčak ID:
5132
URI
Publication date:
20.2.2006.
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