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> GOVERNANCE - home > Employment protection legislation database - EPLex > Slovenia

Slovenia - Types of employment contracts


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Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Paragraph 2 of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2 and 4 considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1 of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Paragraph 2º of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC´s is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2º and 4º considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1º of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4º, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Paragraph 2º of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC´s is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2º and 4º considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1º of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4º, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Paragraph 2º of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC´s is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2º and 4º considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1º of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4º, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Paragraph 2º of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC´s is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2º and 4º considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1º of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4º, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Specific rules for termination of FTCs before the expiry date: Yes
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • According to paragraph 3º of Article 60 of ERA-1, enacted in 2013, the early cessation of the need for a worker's work in a particular case may not be a reason for termination of a fixed-term employment contract. The employer for the provision of work shall be obliged to pay compensation to the worker for a limited period of time in accordance with paragraoh 2º Article 139 of ERA-1, consistent in 80% of the amount of average monthly salary for full-time in the last 3 months or during the period of work.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 54 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized:
      - work which, by its nature takes a certain period of time,

      - replacement of a temporarily absent worker,

      - temporarily increased workload,

      - employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work,

      - management person or procurator,

      - manager of the first paragraph of Article 74 of this Law,

      - seasonal work,

      - a worker who concluded an employment contract for a limited time to prepare for work, training or training for work or education,

      - fixed-term employment for work during the adjustment period on the basis of a final decision and confirmed by the competent authority, issued in process of recognition under a special act,

      - carrying out public works or inclusion in active employment policy measures, in accordance with the law,

      - preparation and execution of the work, which is a project organized,

      - work required at the time of the introduction of new programs, new technology and other technical and technological improvements of the working process or for training workers,

      - handing over the work,

      - elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federations,

      - other cases determined by law or collective agreement on the level of activity

      Paragraph 2 - A collective agreement at the level of an activity may be determined to allow a minor employer to conclude a fixed-term employment contract, notwithstanding the limits laid down in the preceding paragraph.
  • Maximum number of successive FTCs: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Paragraph 2º of Article 55 provides that renewals are only lawful if the leght of 24 months is not exceeded. However, there is not disposition in relation to limitation of renewals within this period: (2) An employer may not conclude one or more consecutive contracts of employment for a fixed term for the same work, the continuous duration would be longer than two years, except in cases provided for by law, and in the case of the second, fourth, fifth , sixth and fourteenth indents of the first paragraph of the preceding article. The employment contract for a fixed period by reason of the transfer of work may take up to one month.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 55 provides that the maximum lenght of FTC´s is 24 months and renewals are not allowed for the same work if this limit is exceeded. However, paragraphs 2º and 4º considered lawful renewals beyond this limit when verified ths following situations:
      ii) replacement of a temporarily absent worker;
      iv)employment of an alien or a stateless person who has a single license as provided by law, which regulates the entry and residence of foreigners and permission to seasonal work as laid down by the law governing employment, self-employment and work of foreigners, except when a single permit issued on the basis of consent for employment, self-employment or work;
      v) management person or procurator;
      vi) manager (paragraph 1º of article 74 of ERA)
      xiv) elected and appointed officials or other employees who have a mandate or official in local communities, political parties, trade unions, chambers, associations and their federation.

      According to paragraph 4º, notwithstanding the restrictions specified in this article, in the case of the eleventh item of the first paragraph of the preceding Article 54 (preparation and execution of the work, which is a project organized), a contract of employment for a fixed period concluded for a period longer than two years if the project lasts more than two years and if the contract employment concluded for the entire duration of the project. A collective agreement on the level of activity to determine what is considered to be a project work.
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

      Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
      Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

      (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

      Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
      In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
  • % of workforce under FTC: 16.7 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      This figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

      Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
      Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

      (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

      Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
      In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
  • % of workforce under FTC: 16.7 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      This figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

      Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
      Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

      (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

      Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
      In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
  • % of workforce under FTC: 18.1 %
    Remarks:
    • Source: Eurostat, annual average, 2010.
      Ths figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

      Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
      Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

      (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

      Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
      In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
  • % of workforce under FTC: 17.2 %
    Remarks:
    • Source: Eurostat, annual average (2010).
      This figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period (in months): 6 month(s)

Remarks:
  • Art. 125 ERA: The trial period may not last longer than 6 months. It can be extended in case of temporary absence from work.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 52 (1) ERA contains an exhaustive list of situations when resorting to fixed-term contract is authorized.

      Note: In addition to those situations referring to temporary work, conclusion of a contract with managerial staff is also listed as valid reason for resorting to fixed-term contracts.
      Such limitations may not apply to employers employing 10 or less 10 workers, if so stipulated in a branch collective agreement: art. 53 (2) ERA.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Art. 53 (2) ERA: No limitation on the maximum number of successive FTC. This provision refers to "one or more successive contracts". However, there is a limitation on the maximum cumulative duration which shall not exceed 24 months.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Art. 53 (2) ERA: One or more successive FTC should not be concluded with the same worker and for the same job for an uninterrupted period exceeding 24 months.

      (Note: up to three months' interval between the conclusion of two contracts shall not be deemed an interruption for the purpose of defining an interrupted period: art. 53(4) ERA)

      Exception: This 2-year limitation does not apply, amongst others, to contracts concluded with managerial staff and temporary replacement of an absent worker.
      In addition see art. 53 (3) ERA (as amended in 2007): "The job from the previous paragraph can be prolonged for more than two years if the project introduces new programmes or new technologies in the working process".
  • % of workforce under FTC: 16.3 %
    Remarks:
    • Source: Eurostat, annual average (2009)
      This figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."