Employment for (In)Definite Period – Automatic Prolongation

24. 10. 2016

At the end of September, The Constitutional Court issued a ruling on a protection of an employee in question of extending of contract of fixed term employment.

The ruling concludes that if a contract of employment was entered into in disagreement with the Labour Code and the employee informs the employer of their intention to continue to occupy the position in question in writing before the contract expires, there is no further need to file a special suit within the two-month period since the terms of employment change from a fixed term to an indefinite one; this situation may, should the contract of employment be concluded with unfavourable terms and conditions, result in considerably risky outcome with possible legal action against the employer for an unlawful dismissal.

The finding of the Constitutional Court may be seen as a follow-up of their previous findings, namely no. II. ÚS 3323/14, which rules that the employee’s obligation not only to inform their employer of their will to continue the employment but even to press charges in the same matter would be in contradiction with the principles protecting the rights of employees.    

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