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Temporary Recruitment and Employment Contract Regulations

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Item 6: Temporary Recruitment Regulations

The Workers' Statute (ET) provides entrepreneurs the freedom to choose temporary recruitment under specific limits:

  • a) Work or service
  • b) Any
  • c) Interim
  • d) Promotion of disabled employees

Apart from these cases, an employer may not hire temporarily.

Indefinite Contracts

These can be categorized as:

  1. Regular Indefinite Contract
  2. Contract for the Promotion of Permanent Contracts: This scheme is restricted to specific unemployed workers with limited market access:
    • a) Young people aged 16 to 30 years and those over 45.
    • b) Disabled workers.
    • c) Long-term unemployed (requires written agreement).

Temporary Contracts

Structural Contracts

  • A) Recruitment for the realization of a specific work.
  • B) Recruitment for production circumstances:
    • a) If the maximum legal or conventional limit is exhausted, the contract is presumed to be indefinite.
    • b) If the limit is not exhausted, it may be extended.
  • C) Recruitment of temporary workers:
    • 1) Contract of substitution.
    • 2) Contract for vacancy:
      • To meet the reduced hours of a worker.
      • If the replaced post is filled by a part-time worker.

Note: The law requires a written contract when the interim period lasts longer than 4 weeks or involves part-time work.

Duration and Termination

  • Replacement: Lasts for the duration of the job reservation. Terminates when the substituted employee returns to their job.
  • Vacancy: Lasts for the duration of the selection process or 3 months. Terminates upon completion of the selection procedure or after 3 months.

Cyclical Contracts

Contract for the Employment of Disabled Workers: Its purpose is to encourage the hiring of disabled or unemployed workers. It prohibits employment by the company for 12 months if there was a prior firing. Termination occurs via mutual agreement, worker's death, or voluntary departure.

Fraud and Illegal Hiring

According to the ET, contracts concluded in violation of the law are deemed indefinite.

  • a) Fraud of Law: Occurs when the aim is to achieve a goal against the law and undermine the worker's stability.
  • b) Illegal Hiring: Occurs when there are no causality requirements, proper form, or Social Security registration.

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