Fixed-term contracts and principle of equal treatment in The United States Of America
| Autor | Thomas Kohler |
| Cargo | Concurrent Professor of Law and Philosophy. Boston College Law School. Newton Centre, Massachusetts, U.S.A. |
| Páginas | 129-130 |
IusLabor 1/2017
126
FIXED-TERM CONTRACTS AND PRINCIPLE OF EQUAL TREATMENT IN
U.S.A.
Prof. Thomas C. Kohler
Concurrent Professor of Law and Philosophy
Boston College Law School
Newton Centre, Massachusetts, U.S.A.
1. Is it possible to subscribe a temporary or fixed-term contract? Also to carry out
the company’s permanent needs or activities?
In the United States, contractual freedom governs employment agreements. Parties are
free to contract on any basis that does not offend a positive enactment of law, such as
statutes prohibiting discrimination in employment. In the United States, unless otherwise
agreed, employment will be considered to be on an at-will basis. The parties are free to
contract for a fixed-term agreement, should they so wish. Unlike other legal systems, a
“temporary” employee or contract represents no formal legal category.
2. Which fixed-term contract exist?
Fixed term agreements can be arranged at the parties will, and according to terms they
find agreeable, so long as none of the terms violate a positive enactment of law, common
law doctrine, or public policy—these restrictions would be the same, of course, for any
contract.
3. Does the legal regulation establish a maximum duration for hiring fixed-term
workers?
No
4. Does the legal system regulate fixed-term contracts aimed at fostering
employment and job creation?
No
5. Does the legal regulation recognize fixed-term workers a preferential right to
occupy a vacant job position in the firm?
No
Para continuar leyendo
Solicita tu prueba