Considerations on the fixed-term employment contract as established by Law No.40/2011 completing and amending the Law no.53/2003 - the Labor Code

Abstract

In the framework of the recent discussions regarding the alteration of the Labor Code - Law No.53/2003, with further alterations and completions, it is intended to alter the legal regime peculiar to the fixed-term employment contract. These modifications are primarily caused by the necessity, brought to light by the practice, to make labor relationships more flexible, especially to the employers' interest. With the aim of meeting the needs shown within practice, the alterations and completions of the Labor code in this field regard: the extension of the situations in which the conclusion of fixed-term employment contracts is allowed, the increase of the term for which such contracts may be concluded, as well as the elimination of certain duties that the employers have in relation to the employees that have concluded such contracts.

The herein study aims at analyzing the new aspects brought to the Labor Code in respect to the the fixed-term employment contract, as well as some considerations of comparative law on this matter.