Successive Fixed-term Employment Relationships Concluded between the Same Employer and the Same Employee: Limitations Set by EU Law

Abstract

Fixed-term employment relationships are considered as one of the flexible types of employment. However, successive employment relationships for a fixed term concluded between the same employer and the same employee should not be abused for the purpose of excluding the protection of an employee related to the termination of an employment relationship. This article discusses protection against the abuse of successive employment relationships concluded for fixed term. The first part analyzes minimum requirements for the protection of workers arising from EU law. Particular attention is paid to objective reasons justifying the renewal of successive employment relationships concluded for a fixed term between the same employer and the same worker, and the interpretation of this concept in the case law of the CJEU. The second part evaluates the legislation of the Czech Republic adopted with the purpose of implementing EU law on this issue.