- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
| page 1 of 1 |
|
Art. 82. [form and conditions of the individual employment contract of limited duration ]
(1) By way of exception to the rule provided for in Article 12 (1), the employers shall have the possibility to employ, in the cases and under the terms of this Code, personnel under an individual employment contract of limited duration. (2) An individual employment contract of limited duration may only be concluded in writing, with the express mention of its length. (3) An individual employment contract of limited duration may be extended beyond its original end date, with the written agreement of the parties, but only within the deadline provided for in Article 82 and no more than two times consecutively. (4) The same parties may successively conclude at most 3 individual employment contracts of limited duration, but only within the deadline provided for in Article 82. (5) The individual employment contracts of limited duration, concluded within three months from the cessation of an employment contract of limited duration, shall be considered successive contracts.
Art. 83. [cases when an individual work contract of limited duration may be concluded]
An individual work contract may be concluded for a limited duration only in the following cases: a) replacement of an employee when his/her work contract has been suspended, unless that employee participates to a strike; b) 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; d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions; d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate; d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage; e) in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.
Art. 84. [length and cessation of the individual employment contract of limited duration]
(1) An individual employment contract of limited duration may not exceed 24 months. (2) If the individual employment contract of limited duration has been concluded for the replacement of an employee whose individual employment contract has been suspended, the contract shall end when the reasons determining the suspension of the individual employment contract of the tenured employee have ceased to exist.
Art. 85. [length of probationary period for the individual employment contract of limited duration]
An employee with an individual employment contract of limited duration may be subject to a probationary period, which shall not exceed: An employee with an individual employment contract of limited duration may be subject to a probationary period, which shall not exceed: a) five working days for a length of the individual employment contract of less than three months; b) 15 working days for a length of the individual employment contract between three and six months; c) 30 working days for a length of the individual employment contract exceeding six months; d) 45 working days for the employees in a management position, for a length of the individual employment contract exceeding six months.
Art. 86. [access to employment of unlimited duration]
(1) The employers shall notify the employees with individual employment contracts of limited duration of current or future vacancies, according to their professional background, and ensure their access to such workplaces in conditions equal to those of the employees with an individual employment contract of unlimited duration. Such notification shall be provided through an announcement posted at employer’s headquarters. (2) A copy of the announcement provided for in paragraph (1) shall be forthwith forwarded the trade union or the representatives of the employees.
Art. 87. [common legal status of the individual employment contract of unlimited duration]
(1) As regards the employment and working conditions, the employees with an individual employment contract of limited duration shall not be treated less favourably than the similar permanent employees, just based on the duration of the individual employment contract, except for the cases where the differentiated treatment is justified on objective reasons. (2) For the purposes of paragraph (1), the similar permanent employee is the employee whose individual employment contract has been concluded for an unlimited duration and who performs the same or a similar activity, in the same organization, with due regard to qualification/professional skills. (3) When there is no similar permanent employee in the same establishment, the provisions in the applicable collective labour agreement shall be taken into account. When there is no applicable collective labour agreement, the provisions of the legislation in force or the collective labour agreement concluded at national level shall be taken into account. |
| page 1 of 1 |