The employment contract with the temporary worker
Article 289 of the Labor code defines a temporary worker as someone with whom an employment contract is concluded for a period of up to 2 months. But such short-term employment relationship in any case should be formalized in accordance with applicable labor laws. We conclude in this case, the contract should also guarantee the provision of all rights and guarantees stipulated by the law, despite the fact that the official list of temporary jobs in the labor legislation.
Regulated by the temporary employment relationship Chapter 45 of the labour code. In some cases they also apply the provisions of articles 58, 59, 79, and concerning the conclusion of fixed-term contracts.
Dismissal of temporary work
The effect of these agreements end on the expiry of stipulated in the terms and, in accordance with article 79 of the labour code, the employer is obliged to warn the worker about forthcoming dismissal not later than three calendar days prior to that date. This rule has one exception: if the employment contract was concluded on the absence of a permanent employee, the employer may not prevent the acting as the employee of the impending dismissal. If the term of the agreement expires on a nonworking day, the date of dismissal will be deemed to be the nearest for her working day.
The employer may dismiss a temporary employee and before the expiry of the term of the employment contract. The law provides for several cases: bankruptcy and liquidation or reorganization of the company, staffing changes, reduction. In this case the order of dismissal provides for the obligation to notify the employee in writing and under signature, not later than 3 calendar days. The period, calculated in calendar days, and takes into account non-working days – weekends and holidays.
The legal norms established in the futures contract of employment cannot be changed unilaterally, neither by the employer nor by the employee – this can only be done by agreement of the parties. But to cancel an employment contract, the temporary worker is entitled. On its own initiative it must notify the employer in advance – not later than 3 calendar days. About it he must inform the employer in writing, writing a statement in the prescribed form, as stipulated in article 292 of the labour code. At dismissal, including at the initiative of temporary workers, severance pay is not paid to him.