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Was the returning employee's one-week termination request waived?
Was the returning employee's one-week termination request waived?
We would like to note one more difference between the new edition of the second part of Article 73 of the Labor Code and the previous one. Prior to the change, the employer had the right to terminate the employee's fixed-term employment contract within one week of his return. After the new change, the employment contract must be terminated on the day the employee starts work.
Example. The employer signs a 3-month employment contract with the employee on July 10, 2024. The employee uses the right to social leave on October 1. When the employer decides to send the employee on social leave, he informs the employee that the term of the employment contract will not be extended. The employee starts work on August 1, 2025, as she takes a certain period of partially paid leave after maternity leave. If the employer terminates the employee's employment contract on the next day - August 2, 2025, instead of on the day he started work due to the expiration of the term, he violates the requirements of the labor legislation. Since the employer delayed the termination date, the employment contract can be considered extended for another 3 months.
We would like to note one more difference between the new edition of the second part of Article 73 of the Labor Code and the previous one. Prior to the change, the employer had the right to terminate the employee's fixed-term employment contract within one week of his return. After the new change, the employment contract must be terminated on the day the employee starts work.
Example. The employer signs a 3-month employment contract with the employee on July 10, 2024. The employee uses the right to social leave on October 1. When the employer decides to send the employee on social leave, he informs the employee that the term of the employment contract will not be extended. The employee starts work on August 1, 2025, as she takes a certain period of partially paid leave after maternity leave. If the employer terminates the employee's employment contract on the next day - August 2, 2025, instead of on the day he started work due to the expiration of the term, he violates the requirements of the labor legislation. Since the employer delayed the termination date, the employment contract can be considered extended for another 3 months.