workers in unfair conditions and gives employers the possibility to temporarily avoid the conclusion of open-ended employment agreements was also expressed. Conclusions Relating to fixed-term employment contract, both the legal review and the literature review identified the exceptions for so-called“start-up” businesses as an area of concern. The exception does not comply with international labour standards and contradicts the Council Directive 1999/70/EC. RECOMMENDATIONS Abolish exceptions made for a start-up business with regard to the use of fixed-term contracts, and equally apply the restrictions to any and all employers. 3.4 Part-time work Legal Review As a result of the 2020 Labour Law Reform, a new article regulating part-time work was introduced in the Labour Code. Article 16 of the Labour Code defines part-time workers and full-time workers. It defines employers’ obligations to treat part-time and full-time workers equally and provides further guarantees for part-time workers per the Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC- Annex: Framework agreement on part-time work (hereinafter the Directive 97/81/EC). However, the Labour Code does not provide for the concept of proportionality concerning working conditions and benefits. According to Clause 4.2 of the Directive 97/81/EC,“where appropriate, the principle of pro rata temporis shall apply.” The application of this principle requires that remuneration and other benefits are provided proportionate to the number of hours worked. For instance, a full-time employee is entitled to 24 days of annual leave per year under the Labour Code. When the pro rata temporis principle is applied this means that a part-time worker working 50% of the time is entitled to 50% of annual leave days per year, i.e. 12 days. This principle can also be found in Article 6 of the ILO Part-Time Work Convention(No. 175), which states that: “statutory social security schemes which are based on occupational activity shall be adapted so that part-time workers enjoy conditions equivalent to those of comparable full-time workers; these conditions may be determined in proportion to hours of work, contributions or earnings, or through other methods consistent with national law and practice.” 45
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