The Employment Protection Act (LAS) sets out what applies in different situations. But in some cases, other rules in special legislation or collective agreements may apply instead.
Permanent employment
The main rule is that an employment is valid "until further notice", a so-called permanent employment, according to the Employment Protection Act (LAS). This means that it can only be terminated by the employer or the employee.
Permanent contracts are generally considered more secure than fixed-term contracts. In addition to not having a predetermined end date, a continuous period of employment means faster accrual of rights linked to job security. In some cases, it can also mean increased access to benefits from transition organizations, better opportunities for compensation from the Social Insurance Agency and increased opportunities to obtain bank loans, such as mortgages.
Fixed-term contracts
LAS allows four types of fixed-term employment. Note that there may be other types of fixed-term employment in a collective agreement.
The higher education sector has a number of exceptions to the general LAS rules on fixed-term employment. These are regulated in the Higher Education Ordinance.
Probationary employment
A probationary period may be used when someone is untested in a position. During the trial period, the employee has no employment protection. A probationary period may not exceed six months, but exceptions can be made in collective agreements. If the probationary period is not terminated before the end of the trial period, it automatically becomes permanent.
Special fixed-term employment
Special fixed-term employment may last for a maximum of 12 months. An employee who has been employed on a special fixed-term contract automatically becomes a permanent employee (known as 'inlasing') if he or she has been employed on a special fixed-term contract for a total of more than 12 months:
- during a five-year period , or
- during a period of successive fixed-term contracts.
This chain of fixed-term contracts can include general fixed-term contracts, temporary contracts and seasonal contracts. A contract must be taken up within six months of the end of the previous contract for the chain not to be broken.
Under certain conditions, this type of employment gives a preferential right to re-employment.
Seasonal employment
Seasonal work is common in some sectors. For example, it is common to employ natural scientists in the horticultural sector during the summer months. This temporary employment ends when the season is over.
This type of employment does not entitle you to be recruited, but you may have a preferential right to re-employment under certain conditions.
Temporary employment
Temporary employment means that you will replace one or more people who are on leave. You can also be a temporary worker while waiting for a person to be employed in a vacant post.
If a worker has been employed by the employer as a temporary worker for a total of more than 2 years in the last 5 years, the employment automatically becomes permanent (induction).
Under certain conditions, this type of employment may give you preferential rights to re-employment.
Hourly employment
Hourly employment, also known as temporary or intermittent employment, is not a form of employment under the law, but is formally very short-term fixed-term employment.
This form of employment is characterized by the fact that the employer and the employee agree on how to work at short notice and for very short periods. You are only employed for the days/hours agreed upon. If you are paid by the hour, you are not entitled to sick pay from your employer if, for example, you fall ill outside an agreed working period. You will only be paid for the days you can prove you were scheduled to work.
Note that hourly employment means, among other things, that it takes longer to achieve the period of employment required for a permanent position, known as "induction", and may result in you being without sick pay.