However, employers must have a real reason to hire a temporary worker and the reason must be indicated in their contract. If the reason is not indicated in the fixed-term employment contract, the worker may legally be considered a permanent employee. The employer submitted that his duties, for which they were employed, were performed and therefore required reimbursement. The court found that the termination of these fixed-term contracts was not unfair because the tasks were completed and there was no work left for them. The Tribunal`s various findings in these two cases are based on the facts. In the case of the CIS, there have been concrete dates on which the parties commit to an end. Fixed-term contracts generally provide workers with a lower level of termination protection than indeterminate contracts. The reason is that, as a general rule, the employer is not required to provide a justification for termination of employment, since the FTC contains a set end date. In most cases, no severance pay is paid. Convention 158 provides that Member States may exclude workers employed under a “term or task employment contract” from all or certain provisions of the convention (Article 2, paragraph 2). However, it also provides for the need for “appropriate safeguards” against the use of such contracts to avoid protection under the convention (Article 2, paragraph 3).
If the contract ends and it has not reached an agreement, the worker may apply for wrongful dismissal. The courts have always defended the principle that, by entering into a fixed-term employment contract, the parties intend to be bound by the contract for the intended duration, unless there is expressly an early termination. An employer cannot hire a temporary worker for no good reason. The recognized reasons for a certain period of work are: in principle, fixed-term contracts cannot be terminated before the agreed date, except in the event of a substantial breach or rejection of the contract. The text of these contracts should be carefully considered. Welcome > > early termination of fixed-term contracts These contracts end on the date of the contract or the arrival of a particular event when the worker`s benefits end. It`s the end of the relationship. The question was whether a fixed-term contract could be terminated before the termination date set out in the contract.
The common rule of law is that such a contract cannot be terminated for any reason other than the substantial breach or refusal of the contract by the worker. In other words, the employee may resign before the termination date, or if the employee of gross misconduct is found guilty and dismissed, meaning that the employee has breached the contract. Fixed-term contracts are often used in the field of work for a variety of reasons. Sometimes it takes staff for a project for a certain period of time, or a position is only available for a certain period of time, for example. B when a staff member is on maternity leave. In the construction sector, fixed-term contracts could be terminated at the arrival of a particular event, for example. B a plaster contract is terminated when this part of the project is completed. Temporary workers cannot assert an unjustified right to dismissal when they leave because of the expiry of the contract.