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Employment contract will be a rarity? Changes in Labor Law! Employment contracts will be less flexible? [22 kwietnia 2019]



Employment contracts may be less flexible. Changes in the Law on Labor Relations are rapidly approaching – only the Senate Committee on Human Rights, the rule of law and petitions, made a proposal for changes. Employers may be forced to give reasons for termination in the case of contracts concluded for a specified period longer than 6 months.

Employment contract – will you need to explain the reasons for the termination?

Currently, the Labor Relations Act. 30 pairs 4 speaks of the obligation to state the reason justifying the termination of the contract in two cases:

  • for termination of the contract without prior notice (in which case, the type of the contract is irrelevant);
  • in connection with the termination of the employment contract concluded for an indefinite period of time.

If the changes proposed in the Senate have come to an end, the employer will have to explain the termination of the contract, even if it did with the employee for six months.

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Employment contracts will be less flexible? Employers will not want to give them?

According to the employers' report of the Republic of Poland, a significant percentage of employment contracts are contracts for a certain period. If employers are forced to give grounds for termination of the contract, they may not want to enter into a contract – employees will be put in a difficult situation, as the employment contract is more favorable than a contract of employment or a mandate contract. This employment contract is best protected by the employee.

As read in the report of the employers of the Republic of Poland organization:

too tightening of the labor law system, especially the rules for termination of fixed-term contracts may have counterproductive effects – instead of contributing to wider use of employment contracts, this will lead to an increase in unemployment.

Source: employers of the Republic of Poland

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