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Can an employer dismiss an employee on a date after the end of a fixed-term contract, subject to the notice period?
Can an employer dismiss an employee on a date after the end of a fixed-term contract, subject to the notice period?
The first sentence of the first part of Article 73 of the Labor Code states that a fixed-term employment contract is terminated upon its expiration. As can be seen from the requirements of the article, a fixed-term employment contract cannot be terminated before or after the expiration of the term in any case.
Example. The employer signed an 8-month employment contract with the employee on January 10, 2024. The contract term should expire on September 10, 2024.
First case. The employer or the employee notified the other party about the termination of the employment contract on September 1. However, the employee requests that his employment contract be terminated on September 6, not on September 10, due to his trip to a foreign country. In this case, the employer cannot terminate the employment contract on the basis of the expiration of the fixed-term employment contract. Because, according to the requirements of the legislation, a fixed-term employment contract should be terminated upon its expiration. In the case we mentioned, the employee's employment contract expires on September 10.
Second case. The employer notifies the employee on August 10, 2024, that his employment contract will be terminated on September 10, 2024 due to the expiration of the term. It should be noted that since Article 73 of the Labor Code uses the expression "At least one week before the expiration of the fixed-term employment contract", there is no violation in giving 1 month's notice. Suppose the employer, forgetting the termination date, terminates the employee's employment contract on September 11, 2024, not on September 10, 2024, due to the expiration of the term. In this case, the employer violates the requirements of labor legislation. Since the fixed-term employment contract was not terminated on the expiration date, in our example, the contract can be extended for another 8 months.
There are also different approaches to the latter case. Some experts believe that if the employer and employee have notified each other in accordance with the requirements of the Labor Code, the technical process related to the termination of the employment contract cannot be a basis for extending the contract for the same period as before. Also, if the employee notifies the employer that the employment contract will not be extended, he has the right to not go to work on the working day following the expiration of the term.
The first sentence of the first part of Article 73 of the Labor Code states that a fixed-term employment contract is terminated upon its expiration. As can be seen from the requirements of the article, a fixed-term employment contract cannot be terminated before or after the expiration of the term in any case.
Example. The employer signed an 8-month employment contract with the employee on January 10, 2024. The contract term should expire on September 10, 2024.
First case. The employer or the employee notified the other party about the termination of the employment contract on September 1. However, the employee requests that his employment contract be terminated on September 6, not on September 10, due to his trip to a foreign country. In this case, the employer cannot terminate the employment contract on the basis of the expiration of the fixed-term employment contract. Because, according to the requirements of the legislation, a fixed-term employment contract should be terminated upon its expiration. In the case we mentioned, the employee's employment contract expires on September 10.
Second case. The employer notifies the employee on August 10, 2024, that his employment contract will be terminated on September 10, 2024 due to the expiration of the term. It should be noted that since Article 73 of the Labor Code uses the expression "At least one week before the expiration of the fixed-term employment contract", there is no violation in giving 1 month's notice. Suppose the employer, forgetting the termination date, terminates the employee's employment contract on September 11, 2024, not on September 10, 2024, due to the expiration of the term. In this case, the employer violates the requirements of labor legislation. Since the fixed-term employment contract was not terminated on the expiration date, in our example, the contract can be extended for another 8 months.
There are also different approaches to the latter case. Some experts believe that if the employer and employee have notified each other in accordance with the requirements of the Labor Code, the technical process related to the termination of the employment contract cannot be a basis for extending the contract for the same period as before. Also, if the employee notifies the employer that the employment contract will not be extended, he has the right to not go to work on the working day following the expiration of the term.