Jednolita umowa o pracę na czas nieokreślony?
Streszczenie
The present chapter is dedicated to the analysis of the concept of the single open
– ended employment contract. Such an idea is promoted by the European Commission.
It also constitutes a subject of the discussion in several EU Member States. The single employment
contract can be defined as an open – ended contract which has no ex-ante time
limit, but contrasting with current open – ended contracts, provides sufficiently long entry
phase and a gradual increase of protection rights increasing with seniority, with a stability
phase thereafter. According to the concept, employees would be protected against dismissal
by monetary rights, i.e. the severance payment that increases with seniority, as well
as legal rights, such as e.g. notification procedure, maximum time for claim or possibility
of reinstatement. In addition, employers who dismiss employees would be obliged to comply
with some public duties, e.g. paying a solidarity tax dedicated to the financing of unemployment
scheme. The basic aim of the open – ended contract would be to countervail
a deep segmentation of national labour markets and to facilitate a transition from fixed
– term to permanent employment. In general, Author critically evaluates the above-mentioned
concept as an appropriate way of further development of labour law.
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