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tion can be understood set out in the contract. In other words, deter-
mining the duration of fixed-term employment contracts is only possi-
ble through pre-definition. However, fixed-term employment contracts
may be entered into when other conditions as stated in the Labor Law
have occurred.
Determining the Duration Implicitly
In situations when the duration is not definite or identifiable, the
duration may be determined based on the purpose of the work. But
again, the objective conditions must be suitable for the specific con-
tract. For instance, determining the duration based on the purpose of
the contract is possible while recruiting during high summer season.
Termination of Fixed-Term Employment Contract
Mutual Rescission (Termination of the Contract with Convention
of the Parties)
Regardless of whether the contract is definite or not, it can be ter-
minated at any time when the parties mutually agree thereto. The par-
ties may terminate the fixed-term employment contract through their
common will, like indefinite-term employment contracts. The parties
may terminate the contract immediately, or agree mutually to termi-
nate, after a certain period of time. The mutual agreement of the par-
ties to terminate the contract does not constitute termination.
Therefore, a termination notice period will not be applied as no termi-
nation will result.
Expiration in Fixed-Term Employment Contracts
In fixed-term contracts, these shall be automatically terminated
upon the agreement of the parties.
Termination
Each of the parties has the right to terminate the contract prior to
the expiry date agreed in fixed-term employment contracts.
Termination of employment contracts may be declared or immediately
terminated upon justification. These two types of termination differ in
expiration, and the results thereto. As a rule, the right of temporary ter-
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NEWSLETTER 2014