Clients of the PRWT accounting office ask whether the rules for concluding and terminating fixed-term employment contracts have changed in connection with changes in labor law.

In the next entry on our blog regarding changes in labor law that entered into force in 2023, we will refer to employment contracts concluded for a definite period.

The most important change in the field of fixed-term contracts concerns the requirements for terminating these contracts. Employers must remember that when giving an employee notice of termination of a fixed-term employment contract, the reason for the termination should be indicated in the same way as in the case of termination of contracts concluded for an indefinite period. In addition, in workplaces where trade unions operate, the employer is also obliged to consult the intention to terminate a fixed-term employment contract with the trade unions representing the employee (here, too, fixed-term contracts were equated with indefinite-term contracts).

It is also worth paying attention to the wording of Art. 29 (3) par. 1 of the Polish Labor Code, according to which an employee employed with a given employer for at least 6 months, once in a calendar year, may apply to the employer to change the type of employment contract to a contract for an indefinite period or for more predictable and safe working conditions.

Employers terminating employment contracts should also pay attention to the content of art. 45 and Art. 47 of the Polish Labor Code relating to the claims of employees in connection with the termination of the employment contract.