Employment contract may be concluded for either indefinite or definite period of time. If duration of contract is not specified therein, it is assumed that such employment contract is concluded for indefinite period of time.
However, if duration of contract is specified, it is important to know that such employment may be transformed into employment for indefinite period of time if certain conditions are met. Such transformation is possible if employment contract for definite period of time was concluded as opposed to law provisions or if respective employee remains at job position at least five working days after expiration of time under the contract.
Was the contract concluded as opposed to law? Has the employment status of an employee remaining at job position at least five working days upon expiration of time under the contract been transformed into employment for indefinite period of time? To find this out, one shall submit a lawsuit to a competent court.
It is important to point out that this 5-day time limit refers to working days only. Non-working days or, respectively, weekends or holidays or paid leaves, sick leaves, national holidays or suspensions are not included in the 5-day time limit.
Therefore it is required that you are physically present at work in the premises of employer for at least five days after expiration of time under employment contract for definite period of time.
It should be stressed that employment contract is concluded before an employee commences employment. If employer fails to conclude employment contract with an employee, it is assumed that such employee is awarded employment contract for indefinite period of time as of the day when such employment commenced.
Should you need any further information, please refer to our law office.