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Will there be a different approach to the 5-year term requirement for a fixed-term employment contract?
Will there be a different approach to the 5-year term requirement for a fixed-term employment contract?
According to the fifth part of Article 45 of the Labor Code, if a fixed-term employment contract continues continuously for more than 5 years, it is considered a permanent employment contract. The first part of Article 73 of the Labor Code refers to the fifth part of Article 45 of the same Code. The first part of Article 73 of the Labor Code states that, less than one week before the expiration of the fixed-term employment contract, either party shall notify the other party in writing (on paper or by means of an electronic information system) about the termination of the contract due to the expiration of the term (delete) does not notify, that labor contract for the period specified in the labor contract is extended or is considered indefinite in the cases determined by Part 5 of Article 45 of this Code. Now let's clarify the issue of temporary employment in the cases determined by Article 45, Part 5 of the Labor Code.
Example 1. The duration of the employment contract concluded between the employer and the employee is one year. The employment contract was extended by one year each time. After the 4-year period of the contract, the last one-year contract expires on October 15, 2024. In other words, on October 15, 2024, the 5th year of the labor contract concluded between the employer and the employee will be completed. The term of the contract will not be extended for 1 year if the employer or the employee does not notify the termination of the employment contract at least one week before the end of the term. Because according to part 5 of Article 45 of the Labor Code, the employment contract should be considered indefinite because it continues continuously for more than 5 years. In this case, the employer cannot terminate the employment contract based on the expiration of the term on October 15, 2025. Because from October 16, 2024, that labor contract was considered indefinite.
Example 2. The term of the employment contract dated October 1, 2019 between the employer and the employee is 14 months. After 4 years, the employment contract will expire on June 1, 2024, after 56 months. At this time, the 5-year term ends on October 1, 2024, despite the fact that the next 14-month term of the employment contract ends on August 1, 2025. For this reason, as of that date, the fixed-term employment contract will be considered indefinite, not fixed-term. In other words, even if the employer waits for the notice request regarding the fixed-term employment contract for August 1, 2025, the employment contract cannot be terminated on the basis of the expiration of the term, since that contract is considered indefinite.
According to the fifth part of Article 45 of the Labor Code, if a fixed-term employment contract continues continuously for more than 5 years, it is considered a permanent employment contract. The first part of Article 73 of the Labor Code refers to the fifth part of Article 45 of the same Code. The first part of Article 73 of the Labor Code states that, less than one week before the expiration of the fixed-term employment contract, either party shall notify the other party in writing (on paper or by means of an electronic information system) about the termination of the contract due to the expiration of the term (delete) does not notify, that labor contract for the period specified in the labor contract is extended or is considered indefinite in the cases determined by Part 5 of Article 45 of this Code. Now let's clarify the issue of temporary employment in the cases determined by Article 45, Part 5 of the Labor Code.
Example 1. The duration of the employment contract concluded between the employer and the employee is one year. The employment contract was extended by one year each time. After the 4-year period of the contract, the last one-year contract expires on October 15, 2024. In other words, on October 15, 2024, the 5th year of the labor contract concluded between the employer and the employee will be completed. The term of the contract will not be extended for 1 year if the employer or the employee does not notify the termination of the employment contract at least one week before the end of the term. Because according to part 5 of Article 45 of the Labor Code, the employment contract should be considered indefinite because it continues continuously for more than 5 years. In this case, the employer cannot terminate the employment contract based on the expiration of the term on October 15, 2025. Because from October 16, 2024, that labor contract was considered indefinite.
Example 2. The term of the employment contract dated October 1, 2019 between the employer and the employee is 14 months. After 4 years, the employment contract will expire on June 1, 2024, after 56 months. At this time, the 5-year term ends on October 1, 2024, despite the fact that the next 14-month term of the employment contract ends on August 1, 2025. For this reason, as of that date, the fixed-term employment contract will be considered indefinite, not fixed-term. In other words, even if the employer waits for the notice request regarding the fixed-term employment contract for August 1, 2025, the employment contract cannot be terminated on the basis of the expiration of the term, since that contract is considered indefinite.