Kontrowersje dotyczące obiektywnej przyczyny leżącej po stronie pracodawcy jako podstawy uzasadniającej zawarcie nielimitowanej terminowej umowy o pracę

Abstract

The legislator has provided four exceptions from the rule of limited period of employment based on a fixed-term contract and a limit on the total number of contracts, modeled on existing solutions in European law and dictated by market realities. These relate to target contracts, i.e. contracts for replacement work, part-time, seasonal employment, term of office in employment, and the most controversial case of objective reasons for the employer. In relation to these contracts, neither a time limit nor a quantitative limit is applied, and in the literature they are referred to as unlimited, objectively justified or specific contracts. With the proviso that the conclusion of a contract for a definite period must serve to meet the employer’s demand for work, which is both real and periodic. In addition, when concluding a fixed-term contract justified by objective reasons, the employer remains obliged to notify the relevant district labor inspector – within 5 days – in electronic or written form about the conclusion of such a contract and indication of the reason for its conclusion. Violation of this obligation is an offense against the employee’s rights. The application of the general clause by the legislator provides flexibility, but may also result in the of abuse by the employer. Therefore, the existence of objective reasons justifying the conclusion of a fixed-term employment contract will be subject to the assessment of the labor court in cases regarding the establishment of a legal relationship concluded on the basis of an employment contract for an indefinite period.