Limit of fixed-term contracts and re-employment

Clients of our accounting office often ask us questions about the limit of fixed-term employment contracts. In accordance with the provisions of the Labor Code (Article 251), according to which a fixed-term employment contract may be concluded between the same parties for a period not longer than 33 months, and the total number of fixed-term contracts may not exceed three.

Exceeding the limit of fixed-term employment above 33 months results in the fact that from the day following the date of expiry of the employment period of 33 months, the fixed-term contract is transformed into an indefinite-term contract. In the case of concluding 3 fixed-term contracts, even if the total period of employment resulting from these contracts does not exceed 33 months, the fourth contract is considered to be an indefinite-term contract.

It is also worth noting that the regulations do not provide for a situation of “resetting” the limits for fixed-term contracts. This means that in the event of a renewed employment relationship between the same employer and employee, even after a longer break in employment, the agreements previously concluded between the parties are taken into account. Therefore, the employee’s previous employment history in a given workplace should be taken into account when re-establishing an employment relationship.

If you need help with the HR and payroll services we provide, we encourage you to contact us directly.

Accounting Krakow:
PHONE +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl

Accounting Warszawa:
PHONE +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

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