An employment contract can be formed either in writing or orally and all terms of the contract must be compatible with the provisions of the law.
Employers who are required to sign a written employment contract must review carefully terms in relation to maximum hours of work per week (not more than 48 with exceptions for specific occupations), statutory minimum salary for certain occupations, annual or other leave (e.g. maternity and parental leave, sick leave etc) and serving a valid notice of termination according to the statutory provisions.
Maternity rights are secured through the “Maternity Protection Law” (No 100(1)/1997, as last amended by Law No 64(I)/2002).
An employed woman who presents a certificate from a registered medical practitioner stating the expected week of her confinement is entitled to maternity leave. Maternity leave is provided for 18 weeks, of which 11 weeks must compulsorily be taken during the period beginning the second week before the expected week of confinement. An employed woman who adopts or takes in to her care a child less than 12 years of age for the purpose of adoption is allowed maternity leave of 14 weeks. During the period of maternity leave, the employee receives pay and maternity benefits to such extent and under such conditions as the Social Insurance Law provides from time to time.
Paternity rights are secured through the “Paternity Protection Law 2017” (No 117(I)/2017).
An employee whose spouse gave birth or acquired a child through a surrogate mother, or who, together with his wife, adopted a child up to 12 years of age has the right to paternity leave for two consecutive weeks within in the period commencing on the week of birth or adoption and ending after 16 weeks.
According to the Termination of Employment Law 1967 (as amended), the employer is obliged to serve the employees a written notice of termination of their employment. The minimum notice period, depending upon the weeks of continuous employment, is specified by the 1967 Law as follows:
Term of Continuous Employment (weeks) |
Minimum Notice (weeks) |
| 26–51 | One |
| 52–103 | Two |
| 104–155 | Four |
| 156–207 | Five |
| 208–259 | Six |
| 260–311 | Seven |
| 312 and above | Eight |
No minimum notice of termination is required during a probation period, which is 26 weeks (or up to 104 weeks if the parties so agree) from the commencement of the employment.
