Less than 3 weeks left to amend old replacement employment contracts

The amendment of the Labour Code referring to the agreements for a specified period has been binding since 22 February 2016 and one of its consequences is the withdrawal of replacement employment contracts. However, the interim provisions provide a possibility to amend the old replacement employment contracts to make it possible for employers not to include them into the limits for specified-period employment contracts or into the maximal employment period for contracts for a specified period that has amounted to 33 months since 22 February. In order to do so, employers are obliged to add information set forth in Article 29 § 11, a provision newly-added to the Labour Code, to the old agreements within 3 months of the date the new regulations entered into force. Therefore, the purpose and circumstances of such a situation should be specified in the agreement by placing there information about objective reasons justifying the conclusion of such an agreement.

Unfortunately, it seems that amending the agreement is necessary in order not to include it into the quantity and time limits referring to the employment of people for a specified period despite the fact that the wording of old agreements already included such information.

Pursuant to the stance of the Ministry of Family, Labour and Social Policy of 7 December 2015 on completing the wording of specified-period employment agreements with the reason of not applying the limits, the amending of employment contracts should take a legal form of a mutual consent of the parties. The Ministry of Labour does not see any grounds for giving notices terminating employment to employees in order to change the conditions of work.