Employment is based on an open-ended employment contract. The employment contract may, in exceptional circumstances, be concluded for a definite time period, in order to establish employment where termination is determined in advance for objective reasons such as deadline, performing a certain job or the onset of a certain event.
The Labour Act limits the duration of fixed-term employment, contracted for an uninterrupted period not exceeding three years, with a break of less than two months not considered an actual break in the three-year period.
The employment contract is concluded in written form. Failure by the contracting parties to conclude an employment contract in writing does not affect the existence and validity of the contract. If an employer does not conclude a written employment contract with the worker before the commencement of work or does not issue the worker a written confirmation of concluding the contract, the law deems that the employer has concluded an employment contract with the worker for an indefinite time period.
An employment contract concluded in writing, i.e. a certificate of a concluded employment contract must contain information on:
1. parties and their personal identification number and place of residence, that is, headquarters
2. place of work, and if, due to the nature of the work, there is no permanent or main place of work or it is variable, information about the different places where the work is performed or could be performed
3. the name of the workplace, i.e. the nature or type of work for which the worker is employed, or a short list or job description – exceptionally, the employer and employee can agree on the employee’s right to freely determine his workplace
4. the date of conclusion of the employment contract and the date of commencement of work
5. whether the contract is concluded for an indefinite or a fixed period of time and the date of termination or the expected duration of the contract in the case of a fixed-term employment contract
6. the duration of the paid annual leave to which the worker is entitled, and if such information cannot be given at the time of concluding the contract, i.e. issuing the certificate, about the method of determining the duration of that leave
7. the procedure in case of cancellation of the employment contract and the notice periods that must be observed by the worker, i.e. the employer, and if such information cannot be given at the time of concluding the contract, i.e. issuing the certificate, about the method of determining the notice periods
8. gross salary, including the gross amount of the basic or contracted salary, supplements and other receipts for the work performed and the payment periods of these and other receipts based on the employment relationship to which the worker is entitled
9. duration of the working day or week in hours
10. whether the contract is full-time or part-time
11. the right to education, training and professional development from Article 54 of this Act, if it exists
12. duration and conditions of trial work, if it is contracted.
Instead of the information from points 6 to 9, 11 and 12, the employment contract or the confirmation of the concluded employment contract may refer to the corresponding law, other regulation, collective agreement or rulebook about the work that regulates these issues.
The lowest age limit for employment contracts
A person under the age of fifteen or a person who is fifteen and older than fifteen and under the age of eighteen who attends compulsory primary education may not be employed.
Probationary period for employment
Probationary work may not last longer than six months, unless during its duration the worker was temporarily absent, especially due to temporary incapacity for work, use of maternity and parental rights according to a special regulation, and use of the right to paid leave. After the termination of the concluded employment contract in which trial work was agreed upon, the employee and the employer cannot re-contract trial work when entering into a new employment contract for the performance of the same tasks. Dissatisfaction with the probationary employee is a particularly justified reason for the termination of the employment contract, which can be terminated by the employee during its duration, but no later than on the last day of the probationary period.
