Ekaterina Batusova

Modern Approach to Legal Regulation of Fixed Term Contracts in European Union: Problems and Solutions

2015. No. 2. P. 175–185 [issue contents]
The article considers the existing approaches to legal regulation of fixed-term contracts in several EU countries. The impact of the EU Directive on fixed-term contracts (1999) on labor law in the countries ofthe European Union is analyzed. In particular, it considers acts of Germany, the UK, Belgium etc. All EU countries have implemented in their labor legislation the main provisions of the EU Directive on fixed term contracts. However, the legal mechanism for implementing the norms of the Directive at nationallevel has its own specifics. It is defined by the characteristic features of the fundamental basis of laborlaw in the EU member-states. As a consequence, one could conclude that, despite the commonality in legal regulation of fixed-term contracts, there are different approaches to solving problems conclusion,modification and termination of fixed-term contracts. Some acts contain specific definitions, forexample fixed-term employee; a comparable permanent employee in relation to a fixed-term employee.There are different approaches to the determination of the parties to such agreement. The national actor fixed list of subjects, as well as the subjects on which it applies under certain conditions, or subjectsit does not apply, the conditions to enter into fixed-term contracts. The elements of the mechanism ofpreventing discrimination, are as a rule, expressed in the establishment of: the maximum total duration of successive fixed-term contracts; the determination of the maximum duration of fixed-term contract and the maximum number of fixed-term contracts in social partnership agreements; fixing the datefrom which the employee, at the conclusion with him several fixed-term contracts is considered to be permanent employee; grounds for termination of fixed-term contracts. Legal regulation in examined countries is based on the recognition of a fixed-term contract as an atypical form of employment andthe recognition of an employment contract for an indefinite period as the main type of employment contract in these countries.
Citation: Batusova E. (2015) Sovremennye podkhody k pravovomu regulirovaniyu srochnykh trudovykh dogovorov v stranakh Evropeyskogo Soyuza: problemy i puti resheniya [Modern Approach to Legal Regulation of Fixed Term Contractsin European Union: Problems and Solutions]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 175-185 (in Russian)
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