Did you know that you can’t be fired (or almost) with a fixed-term contract?

Understanding Temporary Employment Contracts

Being hired on a fixed-term contract provides certain protections for the employee that are not available in indefinite contracts.
The main advantage is the predetermined duration of the contract, which typically cannot exceed 24 months, offering flexibility to companies.
However, there are also downsides to consider, such as higher constraints and costs compared to indefinite contracts.

One key aspect is related to the unilateral termination of the contract by the employer, which is limited to specific conditions.
For instance, under a fixed-term contract, the employer can only terminate the agreement under one condition.

Did you know that you cannot be dismissed when under a fixed-term contract?

Reasons for Dismissal in Temporary Contracts

As long as an employee performs well and fulfills their duties diligently, there should be no fear of being dismissed before the contract’s expiration.
In fact, the law specifies that for fixed-term contracts, dismissals are not allowed for justified reasons:

1.
Objective Grounds: This involves reasons linked to the company’s productive activity, work organization, or its regular operations.
For instance, economic reasons like company crises or restructuring leading to the closure of specific departments fall under this category.

2.
Subjective Grounds: In this case, the termination results from the employee’s behavior, such as repeated contract breaches impacting their ability to perform assigned tasks.
Poor performance or redundancy due to excess workforce can also lead to dismissal.

Neither of these reasons warrants dismissal before the contract’s end date.
Any unilateral decision by the employer can be easily challenged in legal venues, often resulting in reinstatement or compensation for the employee.

For further insights on challenging an unfair dismissal, you can read How to Challenge an Unfair Dismissal: Deadlines and Procedures.

Exceptions to Dismissal in Temporary Contracts

However, there are cases where a dismissal in a fixed-term contract is permissible.
The employer retains the right to terminate the contract with immediate effect in cases of serious misconduct by the employee.

It’s crucial to differentiate between subjective justifications and just causes for termination.
While both stem from employee conduct, establishing just cause requires severe breaches hindering work continuity even for a day more.

In such instances, disciplinary dismissal, exempting the employer from providing prior notice, applies.
Examples include repeated unjustified absences, acts of violence, insubordination towards superiors, or breaches of company rules or contractual obligations.

Dismissal during the Probationary Period

It’s essential to note that the above constraints do not apply during the probation period, where both the employer and employee can terminate the contract without justification.

However, it’s worth mentioning that within a fixed-term contract, the probation period’s duration is restricted and should align with the job’s requirements.
Clearer calculation criteria are expected soon with the approval of the Labor bill currently under review, aiming to standardize probation periods based on employment duration.

For contracts lasting less than 6 months, the probation period may range from 2 to 15 days (or 30 days for contracts between 6 and 12 months).