en
Possibility to CANCELLATION of employment contract within 24 hours in AMAS
Possibility to CANCELLATION of employment contract within 24 hours in AMAS
There is a restriction on the termination of an employment contract concluded or amended between an employer and an employee within 24 hours in the EMAS subsystem.
Example 1. According to the employment contract concluded between the employer and the person to be hired on December 13, 2024, the employee's start date is December 20, 2024. The employer and the employee decide on December 16, 2024 that there is no need for the employment contract to enter into legal force from December 20, 2024. In this case, the employer cannot terminate that employment contract in the EMAS subsystem. Because the employment contract scheduled to be terminated on December 16, 2024 was signed on December 13, more than 24 hours have passed since that date.
Example 2. According to the amendment made to the employment contract concluded between the employer and the employee on December 16, 2024, the employee's salary will be 1,000 manats from January 1, 2025. Since the amendment to the employment contract was approved by the employer and the employee with an enhanced electronic signature, the employment contract will have the status of "entering into force" from December 16, 2024. The employer decides on December 20, 2024 not to implement an increase in the employee's employment contract from January 1, 2025. However, since more than 24 hours have passed since the date of signing the amendments to the employment contract (December 16, 2024), it is impossible to terminate the employment contract. The employer has the right to terminate the amendment to the employment contract on the day the amendment to the employment contract is signed or if 24 hours have not passed since the time of signing.
For your information, the possibility of terminating an employment contract within 24 hours is created only for employment contracts with the status of “will be in force”. In order for an employment contract to be in the status of “will be in force” in the EMAS, it is necessary to enter information about the entry into legal force of the concluded employment contract or amendments to it on the following dates.
Let us note one thing: there is no restriction on the cancellation of a “will be in force” termination order after 24 hours. For example, in the termination order prepared in the EMAS subsystem on December 16, 2024, the employer determined the termination date of the employee’s employment contract as December 29, 2024. The employer has the right to cancel the termination order with the status of “will be in force” on December 20, 2024, even though more than 24 hours have passed since the date of signing the termination order.
There is a restriction on the termination of an employment contract concluded or amended between an employer and an employee within 24 hours in the EMAS subsystem.
Example 1. According to the employment contract concluded between the employer and the person to be hired on December 13, 2024, the employee's start date is December 20, 2024. The employer and the employee decide on December 16, 2024 that there is no need for the employment contract to enter into legal force from December 20, 2024. In this case, the employer cannot terminate that employment contract in the EMAS subsystem. Because the employment contract scheduled to be terminated on December 16, 2024 was signed on December 13, more than 24 hours have passed since that date.
Example 2. According to the amendment made to the employment contract concluded between the employer and the employee on December 16, 2024, the employee's salary will be 1,000 manats from January 1, 2025. Since the amendment to the employment contract was approved by the employer and the employee with an enhanced electronic signature, the employment contract will have the status of "entering into force" from December 16, 2024. The employer decides on December 20, 2024 not to implement an increase in the employee's employment contract from January 1, 2025. However, since more than 24 hours have passed since the date of signing the amendments to the employment contract (December 16, 2024), it is impossible to terminate the employment contract. The employer has the right to terminate the amendment to the employment contract on the day the amendment to the employment contract is signed or if 24 hours have not passed since the time of signing.
For your information, the possibility of terminating an employment contract within 24 hours is created only for employment contracts with the status of “will be in force”. In order for an employment contract to be in the status of “will be in force” in the EMAS, it is necessary to enter information about the entry into legal force of the concluded employment contract or amendments to it on the following dates.
Let us note one thing: there is no restriction on the cancellation of a “will be in force” termination order after 24 hours. For example, in the termination order prepared in the EMAS subsystem on December 16, 2024, the employer determined the termination date of the employee’s employment contract as December 29, 2024. The employer has the right to cancel the termination order with the status of “will be in force” on December 20, 2024, even though more than 24 hours have passed since the date of signing the termination order.