Sweden
The general rule is that contracts of employment are valid for an indefinite term. The notice period varies between 1 and 6 months depending on the duration of the employment. A probationary period of 6 months is allowed. A contract of employment for a fixed term may also be concluded. The most frequent ones are when extra workers are needed or to replace someone who’s ill or on holidays.
Lithuania
According to the LC probation period is 3 months., notice – 2 months, illness -120 days per year or 140 days per several times
Germany
Typical contracts are unlimited, but limited contracts up to two years are allowed with the possibility of up to four short term con-tracts within this period without any special reason. Limited con-tracts above two years are allowed with specific reason, by col-lective agreement or employees above 52 years old. There is no probationary by law, but usually by contract or agreement up to six months.
Poland
Self-employment is banned, only temporary or permanent contracts of employment allowed; probationary period: 3 months, notice period: depends on experience, case of illness: doctor’s leave fully paid
Latvia
Employment Legal Relationships and Contracts of Employment (1) An employer and an employee shall establish mutual employment legal relationships by an employment contract. (2) With an employment contract the employee undertakes to perform specific work, subject to specified working procedures and orders of the employer, while the employer undertakes to pay the agreed work remuneration and to ensure fair and safe working conditions that are not harmful to health. .Entering into an Employment Contract Agreement between an Employee and an Employer An employment contract shall be deemed to have been entered into from the moment the employee and the employer have agreed on the work to be performed and on the work remuneration, as well as on subsequent observance by the employee of the working procedures and orders of the employer.
Form of an Employment Contract
(1) An employment contract shall be entered into in writing. (2) An employment contract shall include: 1) the given name, surname, personal identification number, place of residence of the employee, and the name, surname (business name), registration number and address of the employer; 2) the starting date of employment legal relationships; 3) the expected duration of employment legal relationships (if the employment contract has been entered into for a specified period of time); 4) the workplace (the fact that the employee may be employed in various places if the performance of the duties of employment is not provided for at a particular workplace); 5) the trade, profession, speciality (hereinafter – occupation) of the employee in conformity with the Classification of Occupations and the general description of the contracted work; 6) the amount of work remuneration and time of payment; 7) the agreed daily or weekly working time; 8) the length of the annual paid leave; 9) the term for giving a notice of termination of the employment contract; and 10) the provisions of the collective agreement and working procedure regulations to be applied to employment legal relationships
Duration of Employment Legal Relationships
Validity of an Employment Contract in Time An employment contract shall be entered into for an unspecified period except in the cases set out in Section 44 of this Law.
Employment Contract for a Specified Period
(1) An employment contract may be entered into for a specified period in order to perform specified short-term work, such as: 1) seasonal work; 2) work in activity areas where an employment contract is normally not entered into for an unspecified period, taking into account the nature of the relevant occupation or the temporary nature of the relevant work; 3) replacement of an employee who is absent or suspended from work, as well as replacement of an employee whose permanent position has become vacant until the moment a new employee is hired; 4) casual work which is normally not performed in the undertaking; 5) specified temporary work related to short-term expansion of the scope of work of the undertaking or to an increase in the amount of production; 6) emergency work in order to prevent the consequences caused by force majeure, an unexpected event or other exceptional circumstances which adversely affect or may affect the normal course of activities in an undertaking; and 7) temporary paid work intended for an unemployed person or other work related to his or her participation in active employment measures, or work related to the implementation of active employment measures; Term of an Employment Contract Entered into for a Specified Period
(1) The term of an employment contract entered into for a specified period may not exceed three years (including extensions of the term) if another term has not been specified in another law for the employment contract. The entering into a new employment contract with the same employer shall also be regarded as extension of the term of the employment contract if during the period from the date of entering into the former employment contract until the entering into a new employment contract the legal relationship has not been interrupted for more than 30 consecutive days. (2) The term for which an employment contract has been entered into for performing seasonal work (including extensions of the term) may not exceed 10 months within a period of one year. (3) The term of an employment contract entered into in accordance with Section 44, Paragraph one, Clause 3 of this Law may if necessary be extended by exceeding the term referred to in Paragraph one of this Section. If an employee who is absent or suspended from work due to some circumstances does not continue or may not continue employment legal relationships, the employment contract of the employee replacing him or her shall be regarded as entered into for an unspecified period. (4) If, upon expiry of the term for which an employment contract has been entered into, no party has requested termination of the employment contract and employment legal relationships are effectively continuing, the employment contract shall be regarded as entered into for an unspecified period.
Probation Period in Hiring for Work Specification of a Probation Period (1) When entering into an employment contract, a probation period may be specified in order to assess whether an employee is suitable for performance of the work entrusted to him or her. If an employment contract does not specify a probation period, it shall be regarded as entered into without a probation period. A probation period shall not be determined for persons under 18 years of age. (2) The term of a probation period may not exceed three months. The said term shall not include a period of temporary incapacity and other periods of time when the employee did not perform work for justified cause.
Termination of Employment Legal Relationships
Notice of Termination by an Employee
(1) An employee has the right to give a notice in writing of termination of an employment contract one month in advance, unless a shorter time limit for the giving of a notice of termination is provided by the employment contract or the collective agreement. At the request of the employee, a period of temporary incapacity shall not be included in the term of a notice of termination. (2) An employee who is employed in paid temporary works or other work in relation to his or her participation in active employment measures has the right to give notice of termination of an employment contract in writing one day in advance. (3) The right of an employee to recall a notice of termination shall be determined by the employer, unless such right has been specified by the collective agreement or the employment contract. (4) By agreement of an employee and the employer, an employment contract may be terminated also before expiry of the time period for a notice of termination. (5) An employee has the right to give written notice of the termination of an employment contract without complying with the time limit for a notice of termination specified in this Section if he or she has good cause. Each condition based on considerations of morality and fairness that does not allow the continuation of employment legal relationships shall be regarded as such cause.
(Section 101) Notice of Termination by an Employer
(1) An employer has the right to give a written notice of termination of an employment contract only on the basis of circumstances related to the conduct of the employee, his or her abilities, or of economic, organisational, technological measures or measures of a similar nature in the undertaking in the following cases: 1) the employee has without justified cause significantly violated the employment contract or the specified working procedures; 2) the employee, when performing work, has acted illegally and therefore has lost the trust of the employer; 3) the employee, when performing work, has acted contrary to moral principles and such action is incompatible with the continuation of employment legal relationships; 4) the employee, when performing work, is under the influence of alcohol, narcotic or toxic substances; 5) the employee has grossly violated labour protection regulations and has jeopardised the safety and health of other persons; 6) the employee lacks adequate occupational competence for performance of the contracted work; 7) the employee is unable to perform the contracted work due to his or her state of health and such state is certified with a doctor’s opinion; 8) an employee who previously performed the relevant work has been reinstated at work; 9) the number of employees is being reduced; or 10) the employer – legal person or partnership – is being liquidated. (
Time Period for a Notice of Termination by an Employer
(1) Unless the collective agreement or the employment contract specifies a longer time period for a notice of termination, an employer, when giving a notice of termination of an employment contract, shall comply with the following time periods: 1) without delay – if the notice of termination of the employment contract is given in the cases specified in Section 101, Paragraph one, Clause 2 or 4 of this Law; 2) 10 days – if the notice of termination of the employment contract is given in the cases specified in Section 101, Paragraph one, Clause 1, 3, 5 or 7 of this Law; and 3) one month – if the notice of termination of the employment contract is given in the cases specified in Section 101, Paragraph one, Clause 6, 8, 9 or 10 of this Law. (2) At the request of the employee, a period of temporary incapacity shall not be included in the time limit of a notice of termination. (3) The right to revoke a notice of termination by the employer shall be determined by the employee unless the collective agreement or the employment contract has specified such right. (4) By agreement of the employee and the employer, an employment contract may also be terminated before the expiry of the time period for a notice of termination.
Case of illness According to the Law: On Maternity and Sickness Insurance
Employer Duties
(1) An employer has a duty to disburse sick pay from his or her resources to employees who have incurred temporary incapacity for work, certified by a sick-leave certificate issued in accordance with the procedures prescribed by the Cabinet (except incapacity for work that is related to pregnancy and childbirth, and nursing a sick child) in an amount that is not less than 75 per cent of the average earnings for the second and third days of temporary incapacity and in an amount that is not less than 80 per cent – for the time period from the fourth day of incapacity for work but not longer than 14 calendar days. The time period for disbursing sick pay shall be equivalent to the time periods for disbursing work remuneration specified in the Labour Law. Time Period for Disbursement of Sickness Benefit
(1) A sickness benefit shall be granted and disbursed for the time period from the 15th day of incapacity for work until the day the capacity for work is restored, but not longer than for 52 weeks, counting from the first day of incapacity for work if incapacity is continuous, or not longer than for 78 weeks in a period of three years if incapacity for work recurs with intervals.
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