Fixed-term employment contract and its abuses

A fixed-term employment contract is a flexible form of employment that allows employers to respond to the temporary needs of the labour market. However, in practice, this form of employment is often abused, which leads to employee insecurity and violations of labour rights. This paper analyzes the legal framework and purpose of fixed-term employment contracts and identifies the most common forms of abuse. In the conclusion, recommendations for improving legislation and strengthening supervision over the implementation of fixed-term employment contracts in order to reduce abuses and improve the protection of workers' rights are provided. The starting hypothesis of this paper is that the positive legal provisions have not clearly determined the situations in which a fixed-term employment relationship can be established, thus, it is necessary to determine precise and concrete circumstances that characterise a certain activity which can only exceptionally justify the absence of the need for a permanent or longer lasting employment of the employee, as well as that insufficient capacities for labour inspection and other mechanisms to prevent abuse of fixedterm employment contract facilitate violations of regulations in this area of labour law in the Republic of Serbia by employers, as the stronger party in the employment relationship. 

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Publication Details

Journal
Glasnik Advokatske komore Vojvodine
Published
2025-01-01
DOI
https://doi.org/10.5937/gakv96-51948
Primary Topic
Employment and Welfare Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Fixed-term employment contract and its abuses

Jelena Radovanović
Glasnik Advokatske komore Vojvodine
Employment and Welfare Studies
article

Fixed-term employment contract and its abuses

Jelena Radovanović
article en

Abstract

A fixed-term employment contract is a flexible form of employment that allows employers to respond to the temporary needs of the labour market. However, in practice, this form of employment is often abused, which leads to employee insecurity and violations of labour rights. This paper analyzes the legal framework and purpose of fixed-term employment contracts and identifies the most common forms of abuse. In the conclusion, recommendations for improving legislation and strengthening supervision over the implementation of fixed-term employment contracts in order to reduce abuses and improve the protection of workers' rights are provided. The starting hypothesis of this paper is that the positive legal provisions have not clearly determined the situations in which a fixed-term employment relationship can be established, thus, it is necessary to determine precise and concrete circumstances that characterise a certain activity which can only exceptionally justify the absence of the need for a permanent or longer lasting employment of the employee, as well as that insufficient capacities for labour inspection and other mechanisms to prevent abuse of fixedterm employment contract facilitate violations of regulations in this area of labour law in the Republic of Serbia by employers, as the stronger party in the employment relationship. 

Glasnik Advokatske komore VojvodineVol. 97(2)
Openalex Percentile: Top 60%
Employment and Welfare Studies
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