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Which employees are prohibited from having their employment contract terminated?
Which employees are prohibited from having their employment contract terminated?
In addition to the termination of the employment contract by the employee, the legislation also grants this authority to the employer. So, in which cases is the termination of an employee’s employment contract prohibited? Specialist Kamala Yusifova clarifies this question.
According to Article 70 of the Labor Code, an employment contract can be terminated by the employer for the following reasons:
a) When the company is liquidated;
b) When the number of employees or positions is reduced;
c) When the competent authority makes a decision that the employee’s level of professionalism or qualifications (profession) is insufficient to meet the requirements of the position;
ç) When the employee fails to perform their duties or obligations under the employment contract, or in cases of gross violation of work duties as listed in Article 72 of the Code;
d) When the employee fails to meet the expectations during the probationary period;
e) When the employee of a state budget-funded organization reaches the age limit for employment.
Article 79 of the Labor Code lists the employees whose employment contract termination is prohibited:
- Pregnant women, as well as women with children under the age of three, and men who are raising a child under the age of three alone;
- Employees whose only source of income is the enterprise where they work and who are raising a child under the age of school age alone;
- Employees who temporarily lose their working ability;
- Employees who suffer from diseases such as diabetes or multiple sclerosis;
- Employees who are members of trade unions or any political party;
- Employees who have a family member with a disability of 18 years old or younger or whose family member’s functions are impaired by 81-100%;
- Employees who are on leave, business trips, or participating in collective negotiations cannot have their employment contract terminated for the reasons specified in Article 70 of this Code.
The provisions in the first part of this article do not apply to the termination of employment under Article 70 “a” (company liquidation) and cases terminated under Article 73.
According to Article 79, paragraph 3 of the Labor Code, except for the cases of company liquidation, an employment contract cannot be terminated by the employer with persons who are undergoing rehabilitation in rehabilitation institutions or other rehabilitation subjects, and also with employees under the "Law on the Rights of Persons with Disabilities" Article 24.1.
According to Article 255 of the Labor Code, the employment contract of employees under 18 years old who do not meet the professional qualifications required for the position cannot be terminated under Article 70 “c”.
In addition to the termination of the employment contract by the employee, the legislation also grants this authority to the employer. So, in which cases is the termination of an employee’s employment contract prohibited? Specialist Kamala Yusifova clarifies this question.
According to Article 70 of the Labor Code, an employment contract can be terminated by the employer for the following reasons:
a) When the company is liquidated;
b) When the number of employees or positions is reduced;
c) When the competent authority makes a decision that the employee’s level of professionalism or qualifications (profession) is insufficient to meet the requirements of the position;
ç) When the employee fails to perform their duties or obligations under the employment contract, or in cases of gross violation of work duties as listed in Article 72 of the Code;
d) When the employee fails to meet the expectations during the probationary period;
e) When the employee of a state budget-funded organization reaches the age limit for employment.
Article 79 of the Labor Code lists the employees whose employment contract termination is prohibited:
- Pregnant women, as well as women with children under the age of three, and men who are raising a child under the age of three alone;
- Employees whose only source of income is the enterprise where they work and who are raising a child under the age of school age alone;
- Employees who temporarily lose their working ability;
- Employees who suffer from diseases such as diabetes or multiple sclerosis;
- Employees who are members of trade unions or any political party;
- Employees who have a family member with a disability of 18 years old or younger or whose family member’s functions are impaired by 81-100%;
- Employees who are on leave, business trips, or participating in collective negotiations cannot have their employment contract terminated for the reasons specified in Article 70 of this Code.
The provisions in the first part of this article do not apply to the termination of employment under Article 70 “a” (company liquidation) and cases terminated under Article 73.
According to Article 79, paragraph 3 of the Labor Code, except for the cases of company liquidation, an employment contract cannot be terminated by the employer with persons who are undergoing rehabilitation in rehabilitation institutions or other rehabilitation subjects, and also with employees under the "Law on the Rights of Persons with Disabilities" Article 24.1.
According to Article 255 of the Labor Code, the employment contract of employees under 18 years old who do not meet the professional qualifications required for the position cannot be terminated under Article 70 “c”.