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> GOVERNANCE - home > Employment protection legislation database - EPLex

Types of employment contracts


Armenia - 2018    

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

Remarks:
  • Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 95 LC regulates fixed-term contracts of employment (Article 95 amended by HO-117-N of 24.06.10, LA-96-N dated 22.06.15)
      Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts)
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • Art. 95 LC

Austria - 2016    

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Maximum probationary (trial) period (in months): 1 month(s)

Remarks:
  • 1 month for white-collar workers: see sec. 19 White-collar Employees Act.
    Note: The probationary period for blue collar workers is governed by collective agreements. However, secondary sources refer to 1 month as being the maximum trial period.
    (See Eurofound: http://www.eurofound.europa.eu/emire/AUSTRIA/ANCHOR-PROBEARBEITSVERH-AUML-LTNIS-AT.htm)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation on first FTC
    Remarks:
    • No specific reason required for resorting to a FTC for the first time.
      See however OECD employment protection legislation database, Austria, 2013: "a succession of FTC will automatically result in an open-ended employment contract of indeterminate length unless objective and material reasons can be shown to justify the need to renew a fixed-term contract", (available at www.oecd.org/els/emp/oecdindicatorsofemploymentprotection.htm).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Subject to courts' ruling on the lawfulness of chain contracts.
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • Subject to courts' ruling on the lawfulness of chain contracts.
  • % of workforce under FTC: 7.9 %
    Remarks:
    • Source: Eurostat, as of third trimester 2016.
      The 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."

Azerbaijan - 2019    

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Maximum probationary (trial) period (in months): 3 month(s)

Remarks:
  • Art. 51 LC

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 45 and 47 LC
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • Art. 45 LC

Belgium - 2019    

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Maximum probationary (trial) period (in months): 0 month(s)

Remarks:
  • The distinction between the maximum probationary periods of blue-collars and white-collars workers has been abolished from 1 January 2014 with the 2013 Law introducing a single status between blue-collars and white-collars workers with regard to notice periods.

    Accordingly, the parties to an employment contract can no longer provide for a probationary period in a contract of employment concluded after 1 January 2014. Should such a clause be introduced, it would be considered invalid and void. Transitional measures apply to clauses concerning probationay periods included in contracts concluded before 1 January 2014.

    However, probationary period may still apply to student occupation contracts as well as to contracts governed by the Act of 24 July 1987 on temporary work.

    Further information: http://www.emploi.belgique.be/defaultTab.aspx?id=41845

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation on first FTC
    Remarks:
    • Art. 10 ECA
      However, the employer will be requested to prove that he has objective and material reasons for issuing a FTC only when FTC have been concluded successively without any interruption imputable to the worker.
  • Maximum number of successive FTCs: 4
    Remarks:
    • Art. 10 bis (2) ECA
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • According to Art. 7 of the Collective Agreement N° 108 , 2013, temporary working contracts for workers who replace other workers, which have been terminated, can only be issued for 6 months, with the possibility to renew the contract for another 6 months. According to Art. 5 and 6 of the said agreement, temporary employment of workers to meet production peaks or to execute special tasks can only be issued for 1 month (3 months for special tasks). Renewals are possible but they have to be justified separately for each renewal and have to be registered with the public authorities.

      See: CONVENTION COLLECTIVE DE TRAVAIL N° 108 DU 16 JUILLET 2013 RELATIVE AU TRAVAIL TEMPORAIRE ET AU TRAVAIL INTÉRIMAIRE

      Section I - Remplacement temporaire d’un travailleur dont le contrat de travail a pris fin

      Article 7
      Paragraph 1 En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé donné avec préavis et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

      Paragraph 2. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant cours à la fin du contrat. Une prolongation d'une durée de six mois est possible.

      Paragraph 3. En cas de remplacement temporaire d'un travailleur dont le contrat de travail a pris fin autrement que par congé donné avec préavis ou par congé pour motif grave et lorsque ce remplacement s'effectue par le biais du travail intérimaire, la durée du remplacement est limitée à une période de six mois prenant
      cours à la fin du contrat. Des prolongations d'une durée totale maximale de six mois sont toutefois possibles.

      Paragraph 4. Les dispositions de cette section ne s'appliquent pas au travail intérimaire pour les entreprises qui ressortissent à la Commission paritaire n° 124 de la construction.
  • % of workforce under FTC: %
    Remarks:
    • Eurostat, for the year 2017 (still no data available)
      The figure refers to the percentage of employee of total number of employee with a contract of limited duration (= temporary job).
      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."

Bulgaria - 2019    

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

Remarks:
  • Art. 70 LC

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Fixed Term Contracts are regulated in the Art. 68 LC which states the following:
      (1) An employment contract for a fixed term shall be concluded:
      1. for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise;
      2. until completion of some specified work;
      3. for substitution for an employee who is absent from work;
      4. for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination.
      5. (New SG, No.25/2001) for a certain mandate, where such has been specified for the respective body.

      (2) (New SG, No. 48/2006) Employees with a temporary contract under par. 1 have the same rights and obligations as employees under an employment contract for an indefinite time. They can not be put in a disadvantage only because time-sensitive nature of their employment compared to employees under an employment contract for an indefinite time, performing the same or similar work in the enterprise, unless the law sets the benefit of some rights depending on the qualification or skills acquired. Employees on fixed-term contracts can not be placed in a less favorable position compared to other employees who work on contract for an indefinite time.
      (3) (New SG No. 48/2006) Fixed term employment contract pursuant to paragraph (1), sub-paragraph 1 shall be concluded for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation.
      (4) (New SG No. 48/2006) As an exception, a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. Such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.
      (5) (New SG No. 48/2006) An employment contract under paragraph (1), sub-paragraph 1, concluded in violation of paragraphs (3) and (4), shall be deemed concluded for an indefinite period of time.
      (6) (SG No. 7/2012) Fixed term contract for a long-term mission may be concluded for a position designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service.
      (7) (SG No. 48/2006, SG No. 7/2012) An employer shall provide timely written information to employees on fixed term contracts about job locations and positions that can be filled by contract for an indefinite time, in order to provide them with the opportunity for permanent employment. Such information shall be provided to the representatives of trade unions and representatives of employees under Art. 7, para. 2.
      (8) (SG No. 48/2006, Sg No. 7/2012) If possible, the employer shall take measures to facilitate the access of employees on temporary contracts to vocational training to improve their skills and opportunities for career and transferring to another job.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • According to the LC fixed term contract shall be concluded for a definite period which shall not be longer than 3 years, insofar as a law or an act of the Council of Ministers do not provide otherwise - for execution of temporary, seasonal or short-term works and activities, as well as with newly hired employees in enterprises that have been declared bankrupt or in liquidation (Art 68.1.1 and Art. 68.3 LC).
      Also, fixed term contract can be concluded until completion of some specified work (art.68.1.2), for substitution for an employee who is absent from work (Art.68.1.3), for working at a job which is to be taken through a competitive examination, for the time until it is taken on the basis of the competitive examination (Art. 68.1.4).

      In 2012, the amendment SG No. 7/2012 allows fixed term contract to be concluded for a long-term mission designated for posting in the foreign representation of the Republic of Bulgaria abroad under the Foreign Service (Art. 68.6 LC).

  • Maximum number of successive FTCs: 1
    Remarks:
    • General rule: no renewal.

      However art. 68 (4) LC provides for exceptions stating that a fixed term employment contract pursuant to paragraph (1), subparagraph 1 may be concluded for a period of not less than one year and for works and activities that are not of temporary, seasonal or short-term nature. According to the same article, such an employment contract may also be concluded for a shorter period upon request in writing by the employee. In such cases the fixed term employment contract under paragraph (1), sub-paragraph 1 may be repeatedly concluded with the same employee for the same type of work only once for a period of at least one year.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 68.1.1 LC provides for 36 months as a maximum duration of successive fixed term contracts.
  • % of workforce under FTC: 3.5 %
    Remarks:
    • Source: Eurostat, for the year 2016:
      The 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."

Cyprus - 2019    

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Maximum probationary (trial) period (in months): 24 month(s)

Remarks:
  • Sec. 3 and 9 TEA.

    Articles 9 - It shall further be understood that no probationary period shall be longer than one hundred and four weeks (24 months), and any probationary period longer than 26 weeks shall fall within this reservation by means of a letter of agreement between the employer and the employer at the time of the entry into force of the employer's employment.
    (2) In all cases before the Labour Court, a dispute under this Article shall be presumed, until proven otherwise, that the employment was not on a trial basis.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.
      Article 7 of TEA - completion of a task is temporary and the particularity of the ongoing task justifies the contract's fixed duration


  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Subject to correct interpretation of the 98(I)/2003 Act (available only in original language) that transposes the Council Directive 1999/70/EC of 25 June 1999 concerning the framework agreement on fixed-term work.
  • Maximum cumulative duration of successive FTCs: 30 month(s)
    Remarks:
    • Under Article 7 of the Fixed-Term Employees (Prohibition of Discrimination) Law 2003 (N98(I)/2003), when an employee is employed on a fixed-term contract for 30 months or more, the contract is regarded for all purposes to be permanent and any provision in the contract that limits its duration will be inapplicable unless the employer can prove that employment under a fixed-term contract can be justified for objective reasons.

Czechia - 2019    

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

Remarks:
  • Previously to the amendments which took effect in 2012 Sec. 35 LC provided for a trial period of 3 months. With the new rules trial period may not be longer than 3 consecutive months from the date when the employment relationship commences(sec 35.a), however the trial period has been extended for up to 6 months from the date of commencement of the employment relationship where it concerns a managerial employee (35.b).

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: 2
    Remarks:
    • Before the amendments which took effect in 2012, Sec. 39 LC did not refer to any maximum number of successive FTC, but only to a maximum cumulative duration of 24 month.
      In 2012, a new rule came into force stating that fixed term contracts can be agreed only twice (sec. 39.2 LC).
      Also, maximum cumulative duration has been extended from 24 months to 36 months (sec. 39.2 LC).
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Before the amendments which entered into force in 2012, sec. 39 (2) provided for maximum duration of 24 months. In addition, 6 months were necessary between 2 fixed-term contracts. Also, the 24 months limitation did not
      apply in cases listed in sec. 39 (3), i.e.: when the FTC is concluded for the purpose of temporary replacement of an absent employee, when there are serious operational reasons on the part of the employer or reasons relating to the special nature of work to be performed provided that the reasons are specified in a written agreement between the employer and the trade union organization.
      With the new amendments, maximum cumulative duration has been extended up to 36 months (sec. 39.2 LC). Also, part of the section which called for 6 months time period necessary between 2 fixed term contracts has been deleted as well as the cases previously listed under sec. 39.3 LC.
  • % of workforce under FTC: 9.3 %
    Remarks:
    • Source: Eurostat, as of third trimester 2012.
      The 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."

Denmark - 2017    

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Maximum probationary (trial) period (in months): 3 month(s)

Remarks:
  • - There is no general legislation regarding probationary periods in Denmark. For salaried employees (white-collar employees) however, a probationary period of up to three months may be agreed. This period cannot be extended. During the probationary period both parties are entitled to terminate the employment contract by giving 14 days of notice.
    - Sec. 2 (5) ESEA provides that: "if the employer can substantiate that the engagement is on probation and that the employment relationship does not exceed a period of three months, termination on the part of the employment may take place given a period of notice of at least 14 days¿

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Sec. 1 (4) ESEA, refers to "objective criteria such as reaching a specific date, completing a specific task or the occurrence of a specific event".
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • No statutory limitation regarding the maximum number of successive FTC, but renewal of FTC must be based on objective grounds according to Section 5 of the Act (No. 907 of 2008) on fixed-term employment.
  • % of workforce under FTC: 13.5 %
    Remarks:
    • Source: Eurostat, annual average for 2016.
      The 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."

Estonia - 2017    

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Maximum probationary (trial) period (in months): 4 month(s)

Remarks:
  • Art. 86 ECA

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts 9 and 10 ECA.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 9 ECA: It is presumed that employment contracts are made for an unspecified period. A fixed-term contract may be made for up to five years if it is justified by good reasons arising from the temporary fixed-term characteristics of the work, especially a temporary increase in work volume or performance of seasonal work. A FTC may also be concluded for the replacement of an employee who is temporarily absent.

      New in 2012
      The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, an employment contract may be entered into for a specified term also if it is justified by the temporary characteristics of the work in a user undertaking. (Art. 9 ECA)
  • Maximum number of successive FTCs: 2
    Remarks:
    • Art. 10 ECA: If an employee and an employer have on more than two consecutive occasions entered into a fixed-term employment contract for similar work or extended the fixed-term contract more than once in five years, the employment relationship shall be deemed to have been entered into for an unspecified term from the start. Entry into fixed-term employment contracts shall be deemed consecutive if the time between the termination of one employment contract and entry into the next employment contract does not exceed two months.

      New in 2012
      The 2012 amendment has modified the ECA which now in addition to what is stated above states that if duties are performed by way of temporary agency work, the restriction on consecutive entry into or extension of an employment contract for a specified term provided for in subsection (1) of art. 10 shall be applied to every user undertaking separately (Art. 10.2 ECA)
  • Maximum cumulative duration of successive FTCs: 10 year(s)
    Remarks:
    • Arts. 9 and 10 ECA: A fixed term employment contract can be entered into not longer than 5 years and such contract can only be renewed once. Therefore the maximum cumulated duration of successive fixed term contracts is 10 years (5+5 years).
  • % of workforce under FTC: 3.4 %
    Remarks:
    • Source: Eurostat, for the year 2014.
      The 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."

Finland - 2019    

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

Remarks:
  • Sec. 4, chap. 1 ECA.
    The probation period can be prolonged retroactively if the employee has been unable to work for at least 30 days during the probation period. In case of a fixed-term contract, the probation period can not be longer than half the duration of the contract. Collective bargaining agreements can stipulate shorter probation periods. The employer must notify the employee of such if they exist.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Sec. 3, chap. 1 ECA: "justified reason".
      Sec 3a, chap 1 ECA: A fixed term contract with a worker who has been unemployed for at least 1 year is possible without a “justified reason” for a maximum duration of 1 year, with the possibility to renew the contract for 1 additional year.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Although there are no statutory limitations on the number of successive contracts, the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1 ECA).
      New since 1 January 2011:
      Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
      Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
      "It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
      "The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • No statutory limitation on the maximum cumulative duration of successive FTCS. However the ECA states that "consecutive fixed-term contracts concluded without any justified reason shall be considered valid indefinitely" (sec. 3(2), chap. 1, ECA).
      New since 1 January 2011:
      Source of information: European labour Law Network, FINLAND - Amendment on consecutive fixed term contracts, 01-01-2011 (link provided under "Scope of additional information").
      Sec 3, chap.1 ECA has been amended by Act No 1224/2010 which came into force on 01/01/2011. A new paragraph (3) regarding successive FTcs has been added to sec. 3, which reads as follows:
      "It is prohibited to use consecutive fixed-term contracts when the amount or total duration of fixed-term contracts or the totality of such contracts indicates a permanent need of labour." (sec. 3(3), chap. 1, ECA)
      "The report of the Employment and Equality Committee of the Parliament indicates that the amendment was a reaction to a judgement of the Finnish Supreme Court (Korkein oikeus 2010:11; votes 3-2). Repeated consecutive employment contracts concluded for one year and prolonged per agreement were considered to have a justified reason. The main argument was that a municipality V outsourced kindergarten services to the employer on a contractual annual basis. The employer only provided services to V and the employer's activity was considered to be fully dependent on the decisions made by V. The minority argued that the economic risk was unduly transferred to the employee."
  • % of workforce under FTC: 15.6 %
    Remarks:
    • Source: Eurostat, as of third trimester 2016.
      The 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."

France - 2019    

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Maximum probationary (trial) period (in months): 8 month(s)

Remarks:
  • Art. L 1221-19 LC & L. 1221-21 LC: max. 4 months for managers (shorter periods apply for other categories of workers) renewable once.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • See art. L 1242-1 LC to L. 1242-4 LC.
      Art L 1242-2 LC to L 1242-4 LC: exhaustive list of situations when the use of FTC is authorized.
      [New in 2019:] Pursuant to art. L 1242-1, 1° LC, a FTC can be concluded for the replacement of a single employee. Act No. 2018-771 of 5 September 2018 provides that, on an experimental basis and by way of derogation from this provision, a single FTC may be concluded to replace several employees in the sectors to be listed by decree. This possibility is open between 1 January 2019 and 31 December 2020. Decree No. 2019-1388 of 18 December 2019 enumerates the sectors concerned (cleaning, road transport, etc.)
  • Maximum number of successive FTCs: 3
    Remarks:
    • An extended sectoral collective agreement may determine the maximum number of renewals of FTCs. This number may not have the purpose or the effect of permanently filling a job related to the normal and permanent activity of the enterprise. In the absence of a provision to that effect in a collective agreement, the previous limit of 2 successive renewals remains applicable (new art. L. 1243-13-1 LC).
      However, the contract for a specific project (“contrat à objet défini”) cannot be renewed (art. L.1242-8-2 LC).
  • Maximum cumulative duration of successive FTCs: 18 month(s)
    Remarks:
    • Art. L 1242-8 LC: an extended sectoral collective agreement may determine the maximum cumulative duration of FTCs. This duration may not have the purpose or the effect of permanently filling a job related to the normal and permanent activity of the enterprise. In the absence of a provision to that effect in a collective agreement, the maximum duration is normally set at 18 months and can be up to 24 months in 3 specific situations, e.g. when an exceptionally important order for products to be exported is received (art. L. 1242-8-1 LC).
      The maximum length of a contract for a specific project (“contrat à objet défini”) is 36 months. Art. L 1242-8-2 LC.
  • % of workforce under FTC: 15.2 %
    Remarks:
    • Source: Eurostat, annual average for 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employees.
      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."

Georgia - 2019    

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

Remarks:
  • Art. 9 Labour Code:
    1. A labour agreement with an employee may be concluded only once for a trial period of no more than six months. A labour agreement for a trial period shall be concluded only in writing.
    2. The work during a trial period shall be payable. The amount of payment and the payment procedure shall be determined by the agreement of the parties.
    3. An employer may, at any time during the trial period, conclude a labour agreement with the employee or terminate the labour agreement for a trial period.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Article 6 – Conclusion of labour agreements
      1. A labour agreement shall be oral or written, fixed-term or open-ended.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Article 6 LC:
      Except if the FTC is concluded for one year or more, the FTC can be used only for the following reasons: a) work of specific volume has to be fulfilled; b) seasonal work has to be fulfilled; c) the volume of work increases temporarily; d) an employee who is temporarily absent from work is replaced on the basis of a suspension of labour relations; e) there is any other objective circumstance justifying the execution of the agreement for a definite period.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • According to Article 6, 1 (3):
      If a labour agreement has been concluded for more than 30 months, or if labour relations have continued on the basis of concluding fixed-term labour agreements for two or more consecutive times and the duration of the above labour relations exceeds 30 months, an open-ended labour agreement shall be deemed to have been concluded.

      In this sense, there is no limitation for renewals since the total lenght of the contract does not exceed 30 months.
  • Maximum cumulative duration of successive FTCs: 30 month(s)
    Remarks:
    • According to Article 6, 1 (3) LC:
      If a labour agreement has been concluded for more than 30 months, or if labour relations have continued on the basis of concluding fixed-term labour agreements for two or more consecutive times and the duration of the above labour relations exceeds 30 months, an open-ended labour agreement shall be deemed to have been concluded.

      The LC provides an exception from the general restrictions on using FTCs for so-called start-up companies until a 48 months period has expired from the state registration:
      The exception is provided by the Article 6, 1 (4) LC: the restrictions imposed under this article on concluding fixed term labour agreements shall not apply to business entities under Article 2(1) of the Law of Georgia on Entrepreneurs if 48 months have not elapsed since their public registration (start-up enterprises) and if they meet the additional conditions (if any), as defined by the Government of Georgia on the condition that the duration of a fixed term labour agreement may not be shorter than three months for the purposes of this paragraph.

      However, this exception related to start-up companies shall not apply to a business entity established as a result of reorganization or based on the transfer of assets under the ownership or possession of another entrepreneurial entity or based on a fraudulent transaction (Article 6.15 LC).

Germany - 2017    

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

Remarks:
  • Sec. 622 (3) CC

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Sec. 14 (1) Part-Time and Fixed-Term Employment Act (2011) [PTFTEA].
      However, objective and material reasons are not required for the conclusion of a contract for a term not exceeding 2 years. Within this time frame, the contract can be renewed 3 times (sec. 14 (2) PTFTEA). For newly founded enterprises, this time limit is up to 4 years.
      Similarly, no justification is required for the conclusion of fixed-term contracts with employees over 52 years old.
  • Maximum number of successive FTCs: 4
    Remarks:
    • The extent of limitation in the number of successive depends on whether or not there is an objective reason for resorting to FTC:
      * If there is an objective reason for each successive contract, it can be renewed without any limitation.
      * FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The extent of limitation on the maximum cumulative duration depends on whether or not there is an objective reason for resorting to FTC:
      * If there is an objective reasons for each successive contract, there is no limitation for renewing such FTC.
      * FTC concluded without any justified reason are subject to a limitation of maximum 4 successive provided that the total duration does not exceed 2 years (sec. 14, 2 PTFTEA).
      For newly founded enterprises, this time limit is up to 4 years.
  • % of workforce under FTC: 13.2 %
    Remarks:
    • Source: Eurostat, as of second semester 2016.
      The 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."

Greece - 2019    

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Maximum probationary (trial) period (in months): 12 month(s)

Remarks:
  • Since 2012: The first 12-month period of an employment contract of an indefinite duration shall be deemed a probationary period during which the contract may be terminated without notice and without severance pay, unless otherwise agreed by the parties. Subparagraph IA. para.12. section 1 of Law 4093/2012)
    With regard to the dismissal of blue-collar workers for which no notice is required (see below), the severance pay requirements only applied to workers with at least two months of service.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Presidential Decree 81/2003, as amended by P.D. 180/2004.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • See Article 669(2) of the Civil Code.
      In addition, the renewal of a FTC is permitted without any limitation only if it is justified by an objective reason, in particular the nature or the form of the employer's or the company's activity, special grounds or needs which are specifically provided for in the employment contract (inter alia temporary replacement of a worker, performance of occasional work, temporary increase in workload, work provided in relation to education or training, performance of a specific project or programme, work linked to a specific event or in undertakings offering air transportation and airport services).(Art. 5 P.D. 81/2003, as amended by P.D. 180/2004).

      NOTE: The basic principles governing PD 180/2004 are as follows:
      - workers may be employed on fixed-term contracts to meet standing, permanent needs of the enterprise (Article 3);
      - workers on fixed-term contracts must have completed 24 months of actual employment or three successive renewals of their initial fixed-term contract in order to be considered as having an open-ended contract (Article 3);
      - for a fixed-term employment contract to be renewed, the time since expiry of the previous contract may not exceed three months in public utilities and services and 45 days in the rest of the private sector (Article 3);
      - to be covered by the PD's provisions on conversion into open-ended contracts, the employment relationship of workers under fixed-term employment contracts must have been in effect on the date the PD was issued, or have expired within the three months preceding that date (Article 4).

      PD 180/2004 lengthen the interval between two successive employment contracts from 30 working days, as provided for in PD 81/2003, to 45 days. The exemptions that prevented certain categories of workers from converting fixed-term contracts into contracts of indefinite duration have been abolished, except for special conditions relating to air transport companies, which have been retained. The previous precondition of objective reasons for renewal of fixed-term employment contracts has also been restricted substantially. Therefore in order to convert 'wrongful' successive fixed-term employment relationships into open-ended ones, such contracts must meet standing, permanent needs of the enterprise and fulfil the formal preconditions set by the PD, without there being a need for numerous objective reasons.
      (Source : EuroFound https://www.eurofound.europa.eu/mt/publications/article/2004/new-regulations-on-fixed-term-contracts-in-private-sector)
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 5 P.D. 81/2003, as amended by P.D. 180/2004:
      The unlimited renewal of FTC is permitted if it is justified by an objective reason (see above).
      However, if within a two-year period, more than 3 successive contracts are concluded, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts (even where there are objective reasons for concluding a fixed-term contract)
      The employer has the burden to prove otherwise.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • 2 years under P.D. 81/2003 as amended by P.D. 180/2004:
      Art. 5 P.D. 81/2003, as amended by P.D. 180/2004 provides that the unlimited renewal of FTC is permitted if it is justified by an objective reason (see above). However, if the total duration of the successive contracts or employment relations exceeds two years, it shall be presumed that they are used as a means of meeting fixed and constant needs of the undertaking or exploitation, resulting in their transformation into permanent employment contracts.

      However: 3 years under Law No. 3986/2011
      Under Law No. 3986/2011 (Urgent Measures for the Implementation of the Mid-term Financial Strategy Framework 2012-2015), if the duration of successive employment contracts exceeds three years in total, without being justified by specific reasons or needs provided by law, it is deemed that those contracts cover constant and permanent needs of the enterprise and consequently are of indefinite duration (art. 41).
  • % of workforce under FTC: 11.2 %
    Remarks:
    • Source: Eurostat, annual average for 2016
      The figure refers to the percentage of employee of total number of employee aged 15 years and over with a contract of limited duration (= temporary job).
      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."

Hungary - 2019    

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Maximum probationary (trial) period (in months): 3 month(s)

Remarks:
  • • Pursuant to sec. 45(5) LC, the trial period may not exceed 3 months from the date of commencement of the employment relationship. In the event that a shorter trial period has been stipulated, the parties may extend the trial period once. In either case, the duration of the trial period may not exceed three months. According to sec. 50(4) and 277(2) of the LC, a collective agreement may extend the term of the trial period, but it still may not exceed six months. Such an extension may be included in a works agreement as well provided that the employer is not covered by the collective agreement, or there is no trade union at the employer with entitlement to conclude a collective agreement (LC, sec. 268(1)).

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • The LC does not require any specific reason for resorting to a FTC for the first time. However, a fixed-term employment relationship may be extended, or another fixed-term employment relationship may be concluded within six months from the time of termination of the previous one only upon the employer’s legitimate interests. The agreement may not infringe upon the employee’s legitimate interest (LC, sec. 192(4)).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • In the previous Labour Code sec. 79 (4) provided that a contract renewed without a valid reason ("rightful interest") on the part of the employer and aimed at compromising the interest of the employee shall be deemed established for an indefinite duration. This provision has been repealed in the new Labour Code.
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • The duration of a fixed-term employment relationship may not exceed five years, including the duration of an extended relationship and that of another fixed-term employment relationship concluded within six months of the termination of the previous fixed-term employment relationship.

      Where an employment relationship is subject to official authorization, it may only be concluded for the duration specified in the authorization. If the authorization is extended, the duration of the new fixed-term employment relationship may exceed five years together with the duration of the previous employment relationship. (LC, sec. 192(2)(3))
  • % of workforce under FTC: 8.7 %
    Remarks:
    • Source: Central Statistical Office (Hungary), for the year 2017.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.

      Figures 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."

Italy - 2019    

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

Remarks:
  • The length of probationary periods is provided by collective bargaining agreements. However, Article 10 of Law No. 604 of 1966 provides for a maximum length of 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use:
    Remarks:
    • Limitations after the first 12 months.

      Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that there is no need to indicate a specific reason to enter a FTC when it has a maximum duration of 12 months.
      The FTC can have a duration higher than 12 months, but in any case lower than 24 months, only if there is one of the following justifying reasons: a) temporary and objective needs unrelated to the ordinary business activity of the employer, or needs of temporarily replace other employees; or b) temporary, significant and unpredictable peaks in the ordinary business activity of the employer.

      Notwithstanding the above, Article 20 of Legislative Decree No. 81 of 2015 provides that it is forbidden to use a FTC in the following cases: i) replacement of workers in strike; ii) replacement of positions in relation to collective dismissals occurred over the past 6 months; iii) when the business unit suffered suspension or reduction of activities connected to the intervention of State salary support; iv) employers that have not carried out the risk assessment activity in accordance with health and safety legislation.
  • Maximum number of successive FTCs: 4
    Remarks:
    • Article 21 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the term of the FTC can be extended, with the consent of the worker, only when the initial duration of the contract is less than 24 months, and, in any case, for maximum four times in 24 months.If the number of extensions is higher, the contract is transformed into an open-end contract from the effective date of the fifth extension.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Article 19 of Legislative Decree No. 81 of 2015, as amended by Law Decree No. 87 of 2018, provides that the maximum duration of a FTC is 24 months.
      Article 21, as amended by Law Decree No. 87 of 2018, provides that a FTC can be extended for maximum four times in 24 months.
  • % of workforce under FTC: 13.1 %
    Remarks:
    • Source: Eurostat, for the year 2018 available at https://ec.europa.eu/eurostat/databrowser/view/tesem110/default/table?lang=en
      The figure refers to the percentage of employees with a contract of limited duration (= temporary job) of total number of employee aged 20-64 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.’

Notes / Remarks
Article 23 of Legislative Decree No. 81 of 2015 provides that, unless otherwise provided by collective bargaining agreements, the number of employees employed under a FTC cannot exceed the limit of 20% of the total number of employees employed by an employer under open-ended employment contracts.

Kazakhstan - 2019    

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Maximum probationary (trial) period (in months): 3 month(s)

Remarks:
  • Article 36 of the Labour Code
    For workers in executive positions and their deputies, accountants and their deputies, heads of branches and representative of the organizations – the probation may extent to six month period.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Article 30 of the Labour Code (as of 2017)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Article 29 of the Labour Code
  • Maximum number of successive FTCs: 2 no limitation
    Remarks:
    • Update as of 2017: Article 30 1(2) LC states that the number of defined 1-year contracts can no exceed two years. That means technically that the maximum number of successive FTCs is two.

      However, Article 30 LC further elaborates on exceptions to Article 30 1.(2) :
      Article 30 1. (3) Contracts for the execution of a particular work;
      Article 30 1. (4) Replacement for the temporarily absent employee;
      Article 30 1. (5) For seasonal work;
      Article 30 1. (6) Migrant workers;
      Article 30 2. Small business owners can hire workers on definite contracts with no time limitations;
      Article 30 5. Contracts of workers in retirement age can can be extended for one year indefinitely.
  • Maximum cumulative duration of successive FTCs: 2 year(s) no limitation
    Remarks:
    • See comments above under maximum number of successive FTCs.

Kyrgyzstan - 2019    

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

Remarks:
  • Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 55 LC
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • Art. 55 LC

Luxembourg - 2019    

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

Remarks:
  • Art. L 121-5 LC: the trial period should not exceed 6 months.
    One exception however: when the starting gross salary reaches a certain level to be determined by decree, the notice period is 12 months.
    ______________
    Art. L. 121-5 du Code du Travail:
    (1) Sans préjudice des dispositions de l’article L. 122-8, alinéa 2, le contrat de travail conclu pour une durée indéterminée peut prévoir une clause d’essai. (...)
    (2) La période d’essai convenue entre parties ne peut être inférieure à deux semaines, ni supérieure à six mois.
    Par dérogation aux dispositions de l’alinéa qui précède, la période maximale d’essai ne peut excéder: trois mois pour le salarié dont le niveau de formation professionnelle n’atteint pas celui du certificat d’aptitude technique et professionnelle de l’enseignement secondaire technique; douze mois pour le salarié dont le salaire mensuel brut de début atteint un niveau déterminé par voie de règlement grand-ducal.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. L 122-1 LC.
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. L 122-5 LC: a fixed-term contract can be renewed twice within the time-limit of 24 months. However, this limitation is not applicable to FTC concluded with specific categories of workers (university teachers/researchers, artists, athletes, coaches,...).

      In addition, the Act of 7 December 2016 has amended the Labour Code by adding a new subsection 4 to section L.122-5, which provides that fixed-term contracts concluded for temporary show business workers may be renewed more than twice.
      ______________________________
      Art. L. 122-4 du Code du travail:
      (1) A l’exception du contrat à caractère saisonnier, la durée du contrat conclu pour une durée déterminée sur la base de l’article L. 122-1 ne peut, pour un même salarié, excéder vingt-quatre mois, renouvellements compris.
      Art. L. 122-5 du Code du travail:
      (1) Le contrat conclu pour une durée déterminée peut être renouvelé deux fois pour une durée déterminée (...)

      - Amendement introduit par la Loi du 7 décembre 2016: «(4) Par dérogation aux dispositions du présent article [Art. L. 122-5], peuvent être renouvelés plus de deux fois, les contrats de travail à durée déterminée conclus par les intermittents du spectacle, tels que définis à l’article 3 de la loi du 19 décembre 2014 relative 1. aux mesures sociales au bénéfice des artistes professionnels indépendants et des intermittents du spectacle 2. à la promotion de la création artistique.»
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • General rule: 24 months: art. L 122-4 (1) LC
      Exceptions: In limited situations can be up to 60 months: art. L 122-2 (4) LC.
      In addition, the Act of 7 December 2016 has amended the Labour Code by adding a new subsection 4 to section L.122-5, which provides that fixed-term contracts concluded for temporary show business workers may be renewed more than twice.
      ______________
      Art. L. 122-4 du Code du travail:
      (1) A l’exception du contrat à caractère saisonnier, la durée du contrat conclu pour une durée déterminée sur la base de l’article L. 122-1 ne peut, pour un même salarié, excéder vingt-quatre mois, renouvellements compris.
      (...)
      (3) Le ministre ayant le Travail dans ses attributions peut exceptionnellement autoriser le relèvement de la période maximale visée au paragraphe (1) dans l’intérêt de salariés exerçant des activités dont le contenu requiert des connaissances hautement spécialisées et une expérience professionnelle confirmée dans la spécialisation ainsi que pour les emplois visés à l’article L. 122-1, paragraphe (2) sous 7, 8 et 9.
      (4) Par dérogation au paragraphe (1) qui précède, peuvent avoir une durée totale maximale de soixante mois, renouvellements compris, les contrats conclus conformément à l’article L. 122-1, paragraphe (3) sous 1, 3 et 4. (...)

      - Amendement introduit par la Loi du 7 décembre 2016: «(4) Par dérogation aux dispositions du présent article [Art. L. 122-5], peuvent être renouvelés plus de deux fois, les contrats de travail à durée déterminée conclus par les intermittents du spectacle, tels que définis à l’article 3 de la loi du 19 décembre 2014 relative 1. aux mesures sociales au bénéfice des artistes professionnels indépendants et des intermittents du spectacle 2. à la promotion de la création artistique.»

Moldova, Republic of - 2017    

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

Remarks:
  • Art. 60 (1) LC.
    - A probation period can be established for about 3 months.
    - For managers: up to 6 months.
    - For unqualified workers: max. 30 days.

    *Specific rules applicable to FTC: art. 61 LC
    - 15 days max. for a contract concluded for a duration of 3 to 6 months.
    - 30 days max. for a contract concluded for a duration of more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 55 LC provides an exhaustive list of situations where FTC are authorized. In any cases, FTC should only be used for the performance of work having a temporary character.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No statutory limitation.
  • Maximum cumulative duration of successive FTCs: 60 month(s)
    Remarks:
    • Art. 54 LC: FTC cannot exceed 5 years.

Montenegro - 2020    

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

NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. 34 of New Labour Act provides that probationan periods may last 6 months, expect for a crew member of the long-distance merchant navy, which may last longer, ie until the return of the ship to the home port. (Paragraph 2).

Fixed term contract (FTC):
  • FTC regulated: Yes
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The New Labour Act regulates fixed-term contracts through article 37 (1) An employment contract may exceptionally be concluded for a definite period of time, the termination of which is determined in advance by a deadline, the execution of a specific job or the occurrence of a specific event.
      Article 38
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • See Article 37 (1) above.
  • Maximum number of successive FTCs: no limitation
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The New Labour Act does not provide limitation for number of renewals, being implicit that as long as the lenght of the contract does not exceed 36 months, there is no limitation of renewals: Article 37 (2) An employer may not conclude one or more employment contracts with the same employee if their duration, continuously or intermittently, is longer than 36 months.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • According to article 37 of the new Labour Act, the maximum duration of fixed-term employment agreements is extended from 24 to 36 months. The period in which an employee is temporarily assigned to the employer via an agency for the assignment of employees is also included in the 36-month period. However, the duration of internships and extensions of the term of employment due to pregnancy, maternity leave, parental leave, adoption and foster leave are expressly excluded from the 36-month period. This limitation of the term is not applied to employment agreements with directors and to agreements with an agency on assignment of employees or to employment agreements with athletes (article 39). Additionally, fixed-term employment agreements must contain the basis for the conclusion of such an agreement. According to Paragraph 6, an employment contract may be concluded for a definite period of time and longer than 36 months if this is necessary due to the replacement of a temporarily absent certain employee, seasonal work and work on a specific project until the end of the project.

Netherlands - 2019    

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Maximum probationary (trial) period (in months): 2 month(s)

Remarks:
  • Art. 7:652 (3), (4) and (5) CC.
    Probationary period shall be, as a maximum, 2 months when the contract is of indefinite duration or concluded for more than 2 years, and 1 month if the employment contract is concluded for less than 2 years but more than 6 months. If the contract is concluded for less than 6 months no probationary period is possible.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 7:668, Art. 7:668a and Art. 7:667 CC.
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: 3
    Remarks:
    • Maximum 3 successive contracts concluded at intervals of less than 6 months: Art. 7:668a(1)(b) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

      For persons, who have reached the legal retirement age, up to 6 consecutive FTCs are permissible.

      This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Applicable to successive contracts concluded at intervals of less than 6 months: Art. 7:668a 1) CC. (3 months, if agreed by collective agreement, for working activities which cannot be performed by the same employee for more than 9 consecutive months).

      For persons, who have reached the legal retirement age, up to 48 months of consecutive FTCs are permissible.

      This limitation does not apply to employment contracts concluded with teachers of vocational guidance courses, or concluded with persons under the age of 18, who do not work more than 12 hours per week.
  • % of workforce under FTC: 20.6 %
    Remarks:
    • Source: Eurostat, as of second trimester 2016.
      The 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."

Notes / Remarks
In the Netherlands, as part of anti crisis measures, a new Act, which came into force in July 2010, temporarily extended the possibility to conclude fixed-term contracts with young workers up to 27 years The Act allowed for concluding a total of four, rather than three successive fixed-term employment contracts with regard to this group and for maximum duration of four years rather than three. The Act expired in January 2012. As a result, those specific rules for young workers are no longer applicable.

North Macedonia - 2017    

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

Remarks:
  • Art. 60 LRA: the probationary period can not be longer than 6 months. It can only be extended in the cases of justified absence from work (eg. illness, etc).

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 46 LRA.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • The LRA does not set out any limitation as to the reasons for concluding FTCs. Art. 46(2) states that a fixed term contract concluded for the replacement of a temporary absent employee can be concluded until his/her return.
      Note, that prior to the reform in 2008 [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the LRA limited the use of FTC to the performance of work temporary in nature.
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • No limitation provided that the maximum cumulative duration of successive FTC concluded for the performance of the same job shall not exceed 5 years (art. 46(1) LRA).
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • The Labour Relations Act states that the fixed term contract may be concluded with interruptions or without interruption for performing the same job for a maximum period of 5 years. (Art. 46(1) LRA).
      Note that prior to the 2008 reform [Official Gazette of the Republic of Macedonia no. 106 of 27.08.2008], the law provided that a FTC could be concluded for carrying out work which by its nature was of limited duration, with or without interruption, for a maximum period of 4 years.

Norway - 2019    

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

Remarks:
  • Art. 15-6 (3) of the Working Environment Act sets out the trial period may be agreed for up to 6 months. However, this may be extended in two cases:
    1. If an employee has been absent from work during the trial period, the employer may extend the agreed trial period by a period corresponding to the period of absence. Such extension may only take place when the employee has been informed of this possibility in writing at the time of his appointment and when the employer has informed the employee of the extension in writing prior to expiry of the trial period. The right to extend the trial period shall not apply to absences caused by the employer.
    2. The Ministry may issue regulations permitting agreement on a trial period longer than six months in the case of certain groups of employees (Art. 15-6 (4) and Art. 15-6(5) of the WEA).

    During the probationary period, employee can only be dismissed on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability (Art. 15-6(1) WEA). In the case of termination of employment under a trial period a 14 days' notice is required (art. 15-3(7) WEA).

  • Excluded from protection against dismissal: No
    Remarks:
    • Art. 15-6(1) WEA reads as follows:
      "If an employee engaged by written contract for a given trial period is dismissed, such dismissal must be on the grounds of the employee's lack of suitability for the work, or lack of proficiency or reliability."
      In the case of termination of employment under a trial period a 14 days' notice is required (art. 15-3(7) of the Working Environment Act).
  • Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Art. 14-9 (1) WEA states the following:
        An employee shall be appointed permanently. Temporary employment may nevertheless be agreed upon:
        a) when the work is of a temporary nature
        b) for work as a temporary replacement for another person or persons,
        c) for work as a trainee,
        d) for participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service,
        e) for athletes, coaches, referees and other leaders within organised sports"
        f) for a maximum period of twelve months. Such agreements may apply to a maximum of 15 per cent of the employees of the undertaking, rounded off upwards, but temporary appointment may be agreed upon with at least one employee.
    • Valid reasons for FTC use: no limitation
      Remarks:
      • According to Art. 14-9 (f) WEA, employees can be employed under fixed-term contracts with a duration of up to 12 months without providing a valid reason, if it is ensured that not more than 15 % of the total number of employees in the enterprise (or not more than 1 employee in enterprises with less than 14 employees) are covered by such FTCs. In case a FTC expires and is not renewed, the employer is however prohibited to employ a different employee under a FTC for the same position during the following 12 months.

        Furthermore, Art. 14-9 (a)-(e) WEA contains a list of valid reasons for which the use of fixed term contracts is also permitted: These allow FTCs if the work is of a temporary nature or if the contract is concluded for the temporary replacement of another employee, with a trainee, with participants in labour market schemes under the auspices of or in cooperation with the Labour and Welfare Service or with athletes, trainers, referees and other leaders within organised sports.
    • Maximum number of successive FTCs: no limitation
    • Maximum cumulative duration of successive FTCs: 3 year(s)
      Remarks:
      • Art 14-9 (7) WEA reads as follows:
        "(7) Employees who have been temporarily employed for more than four consecutive years pursuant to the second paragraph (a) or for more than three years pursuant to the second paragraph (b) and (f) shall be deemed to be permanently employed so that the provisions concerning termination of employment relationships shall apply. The same applies to employees who have been continuously employed in a temporary post for more than three years pursuant to the second paragraph (a), (b) or (f) or a combination of two or more of the conditions stated respectively in (a), (b) and (f). When calculating the length of consecutive employment, deductions shall not be made for the employee's absence." (this is applicable not merely to absence on grounds of sickness or injury, but also to forms of leave.)

    Poland - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 25 para. 2 LC: An employment contract for a trial period shall be concluded for a period of no longer than three months in order to check the employee’s qualifications and the possibility of his employment to carry out a specific type of work.
      Art. 25 para. 3 LC: Renewing the employment contract for a trial period with the same employee is possible:
      1) if the employee is to be employed to perform a different type work;
      2) after at least 3 years from the date of termination or expiration of the previous employment contract if the employee is to be employed for the purpose of performing the same type of work; in such case, the renewal of the employment contract for a trial period is possible only once.

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Article 25, para. 1, LC provides that a contract of employment shall be concluded for a trial period, for an indefinite term, or for a fixed term.
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Not clearly established in the Labour Code.
        Art. 29, para. 1-1, LC provides that “If the fixed-term employment contract is concluded for one of the reasons referred to in Art. 25-1, para. 4 (1–3), or in case referred to in Art. 25-1, para. 4 (4), the employment contract shall determine this reason or circumstance of the case by providing information about objective grounds justifying the conclusion of such contract."
        Hence, objective grounds justifying the conclusion of FTC must be provided in the contract if the following types of contracts have been concluded:
        1) for the replacement of the temporary absent employee;
        2) in order to perform casual or seasonal work;
        3) in order to replace a worker during the term of office;
        4) if the employer indicates the objective reasons on his part for using a fixed-term employment.
    • Maximum number of successive FTCs: 3
      Remarks:
      • Maximum cumulative duration of FTCs is 33 months and maximum number of successive FTCs is 3 (Article 25-1, para. 1, LC).
        If the FTC is concluded contrary to this provision it shall be transformed into an employment contract of an indefinite duration- from the moment of the conclusion of a fourth fixed term contract or following the period longer than 33 months (25-1, para. 3, LC).
        Art. 25-1, para. 4, LC provides that the provision of Art. 25-1, para. 1, LC shall not apply to fixed-term contracts of employment concluded:
        1) for the replacement of the temporary absent employee;
        2) in order to perform casual or seasonal work;
        3) in order to replace a worker during the term of office;
        4) if the employer indicates the objective reasons on his part for using a fixed-term employment
        -- if the FTCs were concluded in order to cover a genuine temporary demand and were necessary in this regard in light of all the circumstances of the conclusion of the contract.
    • Maximum cumulative duration of successive FTCs: 33 month(s)
      Remarks:
      • Art. 25-1, para. 1, LC
    • % of workforce under FTC: 19.5 %
      Remarks:
      • Source: Eurostat, for the year 2018.
        The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-64 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."

    Portugal - 2019    

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    Maximum probationary (trial) period (in months): 240 day(s)

    Remarks:
    • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
      1) Contract of indefinite duration (open-ended contract):
      - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
      - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust. The reform of 2019 also included first-time jobseekers and long-term unemployed workers in this list.
      - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

      2) Contract of definite duration (fixed-term contract):
      For FTCs, the length of probationary period depends on the duration of the contracts. It is:
      - 30 days in the event of a FTC concluded for at least 6 months;
      - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

      In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

      The probationary period can be excluded or reduced by written agreement of the parties. It can also be excluded or reduced according the duration of the previous FTC for the same activity, previous temporary contract for the same position, outsourcing for the same final object, internship or traineeship, for the same employer (art. 112°, 4, LC). It can be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)

      New in 2019:
      During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause, except in cases in which the contract has lasted more than 60 days, in which case the employer must give a prior notice of 7 days, and more than 120 days, in which case the employer must give a prior notice of at least 15 days (Art 114°, 2 and 3, LC). In case of failure to comply with previous notice, a compensation is due according to the missing time. (art. 114, LC)

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

        It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC). It is no longer possible to use as a reason for FTC the fact that the worker is first jobseeker (previously, these were part of the set of reasons accepted as lawful).
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs.

        Article 140 LC - Admissibility of a fixed-term employment contract:
        1 - The contract of fixed-term work can only be concluded to satisfy the temporary need of the company and for the period strictly necessary to satisfy this need.
        2 - In particular, the temporary need of the company is considered:
        a) Direct or indirect substitution of a worker who is absent or who is temporarily prevented from working for any reason;
        b) Direct or indirect substitution of a worker in respect of whom an action for appraisal of the lawfulness of dismissal is pending in court;
        c) Direct or indirect substitution of a worker on leave without remuneration;
        d) Substitution of a full-time worker who is engaged in part-time work for a specified period;
        e) Seasonal or other activity whose annual production cycle presents irregularities due to the structural nature of the corresponding market, including the supply of raw material;
        f) Exceptional increase in the company's activity;
        g) Execution of an occasional task or determined service, precisely defined and not lasting;
        h) Execution of a definite and temporary work, project or other activity, including the execution, direction or supervision of civil construction, public works, assembly and industrial repairs, under works or direct administration, as well as the corresponding projects or complementary monitoring and control activity.
        3 - Notwithstanding the provisions of paragraph 1, only an indefinite term contract may be concluded in a situation referred to in any of paragraphs a) to c) or e) to h) of the preceding paragraph.
        4 - In addition to the situations provided for in paragraph 1, a fixed-term contract may be concluded for:
        a) Launch of new activity of uncertain duration, as well as start of work of company or establishment belonging to a company with less than 750 employees;
        b) Employment of employees in search of first employment, long-term unemployment or other employment in special employment policy legislation.
        5 - It is up to the employer to prove the facts that justify the conclusion of a fixed-term contract.
        6 - Violation of the provisions of any of paragraphs 1 to 4 represents a very serious administrative offense.
    • Maximum number of successive FTCs: 3
      NOTE: This information has changed since the previous period covered.
      Remarks:
      • New in 2019:
        FTCs of certain and uncertain terms may only be renewed three times (art. 148(1) LC) and their duration shall not exceed 2 years for regular FTCs, or 4 years for FTCs with uncertain time.
        Art. 182 LC, as amended by law 93/2019: A temporary fixed-term contract shall not be subject to the limit of Article 148 LC and, as long as the supporting reason remains, may be renewed up to six times.
        A fixed-term temporary employment contract entered into to replace an absent worker, without the employer being responsible for his absence -- namely in cases of illness, accident, parental leave and other similar situations -- is not subject to the limit of renewals.
    • Maximum cumulative duration of successive FTCs: 4 year(s)
      NOTE: This information has changed since the previous period covered.
      Remarks:
      • New in 2019:
        2 years, for regular FTCs; 4 years, for FTCs with uncertain time

        The minimum duration of the contract must be 6 months, except of the cases covered in the sub items "a" and "g" of item 2 of article 140:
        Article 140: Admissibility of FTC
        2 - It is considered, namely, as temporary need:
        a) Direct or indirect replacement of absent worker or that, for any reason, is unable to work;
        g) Performance of an occasional task or certain precisely defined and short-term service;

        Article 140 (3), LC limits the possibility of FTC for uncertain time to cases such as named by subparagraphs "a", "c", "e" and "h" of item 2:

        3) Also considering what is referred in the item 1 (temporary needs), an uncertain term FTC can only be possible in the cases named by subparagraphs "a", "c", "e" and "h":

        a) Direct or indirect replacement of absent worker or that, for any reason, is unable to work;
        c) who is taking an unpaid leave of absence;
        e) Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
        h) Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.

        Article 140 (4) "a" and "b", LC considers FTC lawful in cases of long-term job seekers and in cases of start of new activity with uncertain term and commencement of activities of a new enterprise with less than 250 employees. It is no longer possible to include first jobseekers in the list of lawful possibilities for FTC.

        Article 142, LC limits Very Short/Casual contracts from 15 to 35 days each contract, resulting in maximum 70 days per year, irrespectively the economic sector.

        Article 148, (1) and (5), LC limits the duration of FTC of certain time to 2 years and to FTC for uncertain time to 4 years (items 1 and 5).
    • % of workforce under FTC: %
      Remarks:

    Romania - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 31 LC:
      - maximum 90 days for operational positions [previously: 30 days];
      - maximum 120 days for managerial positions for operational positions [previously: 90 days];

      Specific rules are applicable to certain categories of workers:
      - persons with disabilities: 45 days (Law no. 448/2006);
      - higher-education graduates: 6 months (Law no. 335/2013);
      During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

      - Art. 85 LC establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
      - 5 working days, for a FTC of less than 3 months;
      - 15 working days, for a FTC between 3 and 6 months;
      - 30 working days, for a FTC exceeding 6 months;
      - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
        a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
        b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
        c) performance of a seasonal activity;
        d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
        e) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
        f) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
        g) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
        e) in other cases explicitly provided in special laws or for the development of works, projects or programmes.
    • Maximum number of successive FTCs: 3
      Remarks:
      • Art. 82(3),(4), (5) LC:
        (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 83 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
        (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
        (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

    • Maximum cumulative duration of successive FTCs: 36 month(s)
      Remarks:
      • Art. 82 LC (former art. 80)

        The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
    • % of workforce under FTC: .8 %
      Remarks:
      • Source: Eurostat, for the year 2018.
        The 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."

    Russian Federation - 2019    

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

    Remarks:
    • Article 70 of the Labor Code: the probationary period cannot exceed 3 months for all workers and 6 months for some managers and financial officers.

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Article 59 of the Labour Code lists the cases where the use of fixed-term contracts are authorised
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • Article 58 of the Labour Code
    • Maximum cumulative duration of successive FTCs: 5 year(s)
      Remarks:
      • Article 58 of the Labour Code

    Serbia - 2019    

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

    Remarks:
    • Article 36
      (1) The employment contract may stipulate a probation work for performing one or more associated or related activities determined by the employment contract.
      (2) The probation work may last for a maximum of six months.

  • Excluded from protection against dismissal: No
    Remarks:
    • Article 36 (3)

      Prior to the expiration of the time for which the probation work was contracted, the employer or the employee may terminate the employment contract with a notice period which may not be shorter than five working days. Employer shall be obliged to give reasons for termination of employment contract.
  • Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Article 37 (1) of Labour Code:

        An employment contract may be concluded for a definite period of time, for establishment of employment whose duration is predetermined by objective reasons that are justified by the time period or execution of a certain chore, or occurrence of a specific event, during existence of those reasons.
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • See above article 37 (1)
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • Article 37 only provides limitation of maximum cumulative duration, being silent on the number of successive contracts.
    • Maximum cumulative duration of successive FTCs: 24 month(s)
      Remarks:
      • Article 37

        (2) An employer may conclude one or more employment contracts referred to in paragraph 1 of this Article on the basis of which the employment relationship with the same employees is concluded for the period that with or without interruptions may not be longer than 24 months.

        (3) Interruption shorter than 30 days shall not be considered as an interruption of the period referred to in paragraph 2 of this Article


        (4) Notwithstanding paragraph 2 of this Article, an employment contract for a definite period of time may be concluded:

        1) If it is necessary for replacement of a temporarily absent employee, until his return;
        2) For working on a project whose time is predetermined, no longer than the end of the project;
        3) With a foreign citizen, on the basis of a work permit in accordance with the law, no longer than the expiry of the work permit;
        4) to perform the activities at a newly established employer registered at the competent authority no longer than one year prior to the moment of conclusion of the employment contract, for a time period not longer than 36 months;
        5) with an unemployed person which lacks up to five years to fulfill of one of the preconditions for retirement, no longer than such requirement is fulfilled, in accordance with the regulations on retirement and disability insurance.

    Slovakia - 2019    

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

    Remarks:
    • • Sec. 45 LC:
      (1) A probationary period may be agreed in an employment contract for a maximum of three months, except in the case of an executive employee who reports directly to the statutory body or a member of the statutory body and in the case of an executive employee who reports directly to such an executive employee, where the maximum shall be six months. A probationary period may not be prolonged.
      (2)The probationary period shall be prolonged by periods of obstacles to work on the part of the employee.
      (3)The probationary period must be agreed upon in writing or otherwise it shall be invalid.
      (4)A probationary period may not be agreed if a fixed term employment relationship is renewed.

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Act No. 361/2012 Coll. amending Act No. 311/2001 Coll. Labour Code, as amended (and amending and supplementing certain acts) resulted in a return to the regulation of the length of fixed-term contracts, which was before the adoption of Act No. 257/2011 Coll..
    • Valid reasons for FTC use: no limitation
    • Maximum number of successive FTCs: 3
      Remarks:
      • As stated below, in principle, a fixed-term employment relationship may be extended or renewed at most twice within a two years period (Article 48 paragraph 2 of the LC).
        However, a further extension or renewal of the fixed-term employment relationship to two years or over two years can be agreed for the reasons specified under Article 48, paragraph 4, of the LC. (and under Article 48, paragraph 6, of the LC).

        To be noted: A renewed fixed-term employment relationship is an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties.“ (Article 48 paragraph 3 of the LC).
    • Maximum cumulative duration of successive FTCs: 2 year(s)
      Remarks:
      • Since 1st January 2013, pursuant to Article 48, paragraph 2, of the Labour Code, in principle, a fixed-term employment relationship may be agreed for at most two years. A fixed-term employment relationship may be extended or renewed at most twice within a two years period.

        However, according to Article 48, paragraph 4, of the Labour Code a further extension or renewal of the fixed-term employment relationship to two years or over two years can be agreed only in the following reasons:
        a) substitution of an employee during maternity leave, parental leave, leave immediately linked to maternity leave or parental leave, temporary incapacity for work or an employee who has been given long term leave to perform a public function or trade union function,
        b) the performance of work in which it is necessary to increase significantly the number of employees for a temporary period not exceeding eight months in the calendar year,
        c) the performance of works which depend on rotation of seasonal cycles during the year, they are repeated every year and do not exceed eight months in a calendar year (seasonal work),
        d) the performance of works agreed in a collective agreement.

        Furthermore, according to Article 48, paragraph 6, of the Labour Code, a further extension or renewal of an employment relationship for a fixed term of up to two years or over two years can be agreed with a teacher in higher education or a creative employee in science, research or development also if there are objective reasons relating to the character of the activities of the teacher in higher education or creative employee in science, research or development as stipulated in special regulation.“.

        To be noted : Under Article 48, paragraph 3, of the Labour Code, „A renewed fixed-term employment relationship is an employment relationship beginning less than six months after the end of the previous fixed-term employment relationship between the same parties.“.
    • % of workforce under FTC: 7 %
      Remarks:
      • Source: Eurostat, as of second trimester 2012.
        The 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."

    Slovenia - 2019    

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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.

    Spain - 2019    

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

    Remarks:
    • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
      In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

      A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

      Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Fixed-term contracts can be concluded in limited situations:
        - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
        - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
        - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
        In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

        As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
    • Maximum number of successive FTCs: 2
      Remarks:
      • The maximum number of FTC depends on the reason for which the contract was concluded.
        - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
        - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

    • Maximum cumulative duration of successive FTCs: 24 month(s)
      Remarks:
      • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
        - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
        There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

        Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

        With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

        As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

    • % of workforce under FTC: 25.6 %
      Remarks:
      • Source: Eurostat, third trimester 2010.
        The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). 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."

    Sweden - 2017    

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

    Remarks:
    • Sec. 6 EPA.
      Refers to the possibility to conclude "contract for probationary employment, provided that the probationary period does not exceed 6 months".

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: no limitation
      Remarks:
      • According to sec. 5 EPA, a contract of employment for a fixed-term may be concluded: 1) for a general fixed-term employment, 2) for a temporary substitute employment, 3) for a seasonal employment, 4) when the employee has attained the age of 67.

        FTC for the purpose of 'general fixed-term employment' can be concluded with no valid reason.
    • Maximum number of successive FTCs: no limitation
    • Maximum cumulative duration of successive FTCs: 24 month(s)
      Remarks:
      • Sec. 5a EPA: “A fixed-term employment is transformed into indefinite-term employment when an employee has been employed on a general fixed-term contract for a total of more than 2 years: 1) during a five year period, or 2) during a period when the employee has had successive fixed-term employment in the form of a general fixed-term employment, a temporary substitute employment or seasonal employment.
        Successive fixed-term employment occurs if the employment started within six months from the last day of the previous employment.
        A temporary substitute employment turns into indefinite-term employment when an employee has been employed by the employer for a temporary substitute employment for in aggregate more than two years during a five year period (SFS 2016: 248)”.
    • % of workforce under FTC: 15.1 %
      Remarks:
      • Source: Eurostat, 2015 (http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do)
        The figure refers to the percentage of total employment with a temporary contract for employees aged from 15 to 64 years.

        "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." Source: http://ec.europa.eu/eurostat/statistics-explained/index.php/Employment_statistics

    Switzerland - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 335b(2) CO.
      "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
      2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
      ________
      In English:
      Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
      2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Art. 334 CO.
    • Valid reasons for FTC use: no limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
    • Maximum cumulative duration of successive FTCs: no limitation
      Remarks:
      • However, existence of safeguards.
        1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
        2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).

    Tajikistan - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 28(1) LC.

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • Update as of 2016: Modalities of FTCs are prescribed in Art. 25 LC.
        - Art. 25(6) states that the LC prohibits fixed term employment contract to evade guarantees and compensations provided for workers.
        - Further, Art. 25 (7) states that after the end of the FTC, unless either of the parties ask for termination of labour relationships, the contract will be considered non-fixed term.
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Art. 25 LC states that fixed term contracts (FTCs) may be concluded for at least one year, except in the cases of the replacement of a temporary absent employee, for the performance of a specific task or for performing a seasonal work.
        Fixed term contracts can be concluded in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work or the conditions of its execution, or the interests of the employee, as well as in the cases stipulated by law.
    • Maximum number of successive FTCs: no limitation
    • Maximum cumulative duration of successive FTCs: 1 year(s)
      Remarks:
      • Update as of 2016:
        Now, Art 25(1) LC provides that FTCs shouldn’t be for more than a year unless the contract was for seasonal work (which can be up to 6 months).

    Turkey - 2019    

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    Maximum probationary (trial) period (in months): 2 month(s)

    Remarks:
    • Art. 15 LA: The parties can agree on a probationary clause in the employment contract which shall not exceed 2 months. It can however be extended by collective agreement. During the probationary period, the parties are free to terminate the contract without observing the notice requirements.
      Note: Employees with less than 6 months' service are excluded from the job security provision which provides for protection against unjustified termination (Art. 18 LA - see below valid grounds).

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Art. 11 LA: A fixed-term contract shall be based on objective conditions like the completion of a certain work or the materialization of a certain event.
        An employment contract for a definite period must not be concluded more than once, except when there is an essential reason which may necessitate repeated (chain) contracts. Otherwise, the employment contract is deemed to have been made for an indefinite period from the very beginning. Chain contracts based on essential reasons shall maintain their status as contracts made for a definite period.
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • No limitation provided that there is an essential reason for each renewal (art. 11 LA).
    • Maximum cumulative duration of successive FTCs: no limitation
      Remarks:
      • No limitation provided that there is an essential reason for each renewal (art. 11 LA).
    • % of workforce under FTC: 8.7 %
      Remarks:
      • Data for the first trimester 2010: Employees with a contract of limited duration (% of total number of employees)
        Source: Eurostat
        Those statistics 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".

    Turkmenistan - 2019    

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

    Remarks:
    • Art. 28 LC: The probationary period cannot exceed 3 months for workers and 6 months for managerial employees.

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Art. 18 LC
    • Maximum cumulative duration of successive FTCs: 5 year(s)
      Remarks:
      • Art. 18 LC

    Ukraine - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 27 LC provides for the probationary period which can not be longer than 3 months. However it can be prolonged for 3 months more in some special cases and in consultation with appropriate representative body. In case that the employee was absent from work because of the temporary disability or other valid reasons, probation period may be extended for the number of days the employee has been absent. (Art. 27 LC)

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Part two, Article 23 CLL of Ukraine allows using fixed-term employment agreement only when labour relations cannot be established for an indefinite term considering the character of the work to be done or its conditions or the worker's interests, and in other cases provided for by law.
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • According to Article 39 CLL, if labour relations actually continue after expiration of the employment agreement and none of the parties demands their termination, validity of such agreement is deemed as extended for an indefinite term. Labour agreements that were re-concluded for one or more times, except as provided for by part two, Article 23 CLL, are deemed as extended for an indefinite term.
    • Maximum cumulative duration of successive FTCs: no limitation

    United Kingdom - 2019    

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    Maximum probationary (trial) period (in months): 24 month(s)

    Remarks:
    • The ERA does not regulate the probationary period as such. However, it provides for a "qualifying period of employment" which is comparable to the probationary period insofar as employees are excluded fiom the protection against unfair dismissal during that period of time (sec. 108) ERA.
      New as of 6 April 2012:
      Sec. 108 ERA has been amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012. As a result, the qualifying period of employment has been extended from 1 year to 2 years.

    Fixed term contract (FTC):
    • FTC regulated: Yes
      Remarks:
      • FTCs are regulated by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER].
    • Valid reasons for FTC use: no limitation
    • Maximum number of successive FTCs: no limitation
      Remarks:
      • The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
        However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).
    • Maximum cumulative duration of successive FTCs: 4 year(s)
      Remarks:
      • The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 [FTER], with effect from 1st October 2002 stipulate that a fixed-term employee shall become a permanent employee after four years of continuous employment under one or successive fixed-term contracts (reg. 8 (2) a)).
        However, this statutory four-year limit does not apply if employment on a fixed-term contract can be justified on objective grounds, or if the period of four years has been lengthened under a collective or workplace agreement (reg. 8 (2) b) and 8 (5) FTER).
    • % of workforce under FTC: 5.1 %
      Remarks:
      • Source: Eurostat, for the year 2016.
        The 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."

    Uzbekistan - 2019    

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    Maximum probationary (trial) period (in months): 3 month(s)

    Remarks:
    • Art. 85 LC

    Fixed term contract (FTC):
    • FTC regulated: Yes
    • Valid reasons for FTC use: objective and material reasons
      Remarks:
      • Art. 76 LC provides that fixed-term contracts may be concluded:
        - in cases where contracts for an indefinite period cannot be concluded with regard to the nature of the work, the conditions for its implementation or the interests of the employee;
        - with the director, his/her deputies, or a chief accountant, and in the absence of the company's chief accountant - with the employee performing the functions of the chief accountant;
        - in other cases as stipulated by law.
    • Maximum number of successive FTCs: no limitation
    • Maximum cumulative duration of successive FTCs: 5 year(s)
      Remarks:
      • Art. 75 LC provides that the employment contract may be concluded:
        - for an indefinite period;
        - for a specified period not exceeding five years;
        - for the duration of a specific job.
        If an employment contract does not stipulate the validity period, it is presumed that the contract is concluded for an indefinite period. (Art. 75 LC)