February 02, 2025
Fixed-term work is a common practice in Croatian labour law. However, many workers and employers do not understand all aspects of it. In this blog, we will explain the key provisions of Article 12. of the Labour Act, so that you can better understand your rights and obligations.
1. Definition of a fixed-term work contract
A fixed-term employment contract is concluded exceptionally, when the need for work is temporary. This means that the termination of the employment relationship is predetermined. For example, if an employer needs a replacement for a worker on sick leave, he can conclude this contract. The maximum duration of the contract is three years.
2. Objective reason for fixed-term work
To work for a certain period of time, an objective reason is required. This can be the replacement of a worker who is temporarily absent or the performance of work whose duration is limited. For example, if an employer has a project as part of his activity that lasts for one year, he can conclude a contract for that time. The reason must be stated in the contract, and it must be possible to prove it.
3. Successive contracts
The law allows for the conclusion of a maximum of three consecutive fixed-term contracts. The total duration of all contracts may not exceed three years. If there is no interruption between the contracts or the interruption is less than three months, they are considered consecutive. After three years, the employer must wait at least six months before a new contract.
4. Exceptions to the total duration
There are exceptions when the contract can last longer than three years. This is allowed if it is necessary to replace a temporarily absent worker or complete a project financed from EU funds. Also, special laws or collective agreements may allow for a longer duration. These exceptions must be clearly stated.
5. Consequences of an unlawful contract
If the contract is concluded contrary to the law, it is considered to have been concluded for an indefinite period of time. This means that in this situation, the worker has the right to permanent employment. For example, if the employer extends the contract after three years without a six-month break, the employee can ask for the recognition of the contract for an indefinite period. If the employer refuses to conclude a contract for a period of time, it is necessary to initiate a legal protection procedure.
Conclusion
Regardless of the fact that the employment contract is concluded for a certain period of time, it is necessary to pay attention to other important elements, which you can find out more about here.
A fixed-term employment contract is a useful tool for temporary needs. However, it is important to comply with legal provisions to avoid legal consequences. If you have questions or concerns, consult a lawyer.
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