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If the employment contract expires while the employee is on leave…
If the employment contract expires while the employee is on leave…
According to legislation, employment contracts may be concluded for an indefinite or a fixed term. A fixed-term employment contract is concluded for the period agreed upon by the parties. If the duration of the employment contract is not specified, the contract is considered to be concluded for an indefinite term.
So how are employment relations regulated if the term of the contract expires while the employee is on leave? This issue is clarified by expert Kamala Yusifova.
In cases where, based on the conditions for performing the labor function, it is known in advance that the work or services provided are of a permanent nature, except for the cases specified in Article 47 of the Labor Code, the employment contract must be concluded for an indefinite period. If a fixed-term employment contract continues uninterruptedly for more than five years, it is considered an indefinite-term employment contract.
One of the grounds for termination of an employment contract is the expiration of its term. Article 73 of the Labor Code states that a fixed-term employment contract is terminated upon the expiration of its term. If neither party notifies the other party in writing (on paper or through an electronic information system) of the termination of the contract due to the expiration of its term at least one week before the end of the fixed-term employment contract, such an employment contract is extended for the period specified in the contract or, in cases provided for in Part 5 of Article 45 of the Labor Code, is considered indefinite. If the term of a fixed-term employment contract expires during the period when the employee is absent from the workplace for a valid reason (illness, business trip, leave, as well as in cases provided for in Article 179 of the Labor Code where the job position and average salary are preserved), and the employee has been duly notified of the expiration and termination of the contract at least one week in advance, the employer may terminate the contract on the day the employee returns to work.
Example 1: The term of the employee’s employment contract expires on January 14, 2026. The employee is on leave from January 7, 2026 to January 22, 2026, and will return to work on January 23. A notice regarding the expiration and termination of the contract was given on January 5, 2026. In this case, since the contract term coincides with the leave period, the contract will be terminated on the day the employee returns to work, that is, January 23, 2026.
Example 2: The term of the employee’s employment contract expires on January 14, 2026. The employee is on leave from January 7, 2026 to January 22, 2026, and will return to work on January 23. No notice regarding the expiration and termination of the contract has been given. In this case, the term of the employment contract is extended for the period specified in the employment contract.
According to legislation, employment contracts may be concluded for an indefinite or a fixed term. A fixed-term employment contract is concluded for the period agreed upon by the parties. If the duration of the employment contract is not specified, the contract is considered to be concluded for an indefinite term.
So how are employment relations regulated if the term of the contract expires while the employee is on leave? This issue is clarified by expert Kamala Yusifova.
In cases where, based on the conditions for performing the labor function, it is known in advance that the work or services provided are of a permanent nature, except for the cases specified in Article 47 of the Labor Code, the employment contract must be concluded for an indefinite period. If a fixed-term employment contract continues uninterruptedly for more than five years, it is considered an indefinite-term employment contract.
One of the grounds for termination of an employment contract is the expiration of its term. Article 73 of the Labor Code states that a fixed-term employment contract is terminated upon the expiration of its term. If neither party notifies the other party in writing (on paper or through an electronic information system) of the termination of the contract due to the expiration of its term at least one week before the end of the fixed-term employment contract, such an employment contract is extended for the period specified in the contract or, in cases provided for in Part 5 of Article 45 of the Labor Code, is considered indefinite. If the term of a fixed-term employment contract expires during the period when the employee is absent from the workplace for a valid reason (illness, business trip, leave, as well as in cases provided for in Article 179 of the Labor Code where the job position and average salary are preserved), and the employee has been duly notified of the expiration and termination of the contract at least one week in advance, the employer may terminate the contract on the day the employee returns to work.
Example 1: The term of the employee’s employment contract expires on January 14, 2026. The employee is on leave from January 7, 2026 to January 22, 2026, and will return to work on January 23. A notice regarding the expiration and termination of the contract was given on January 5, 2026. In this case, since the contract term coincides with the leave period, the contract will be terminated on the day the employee returns to work, that is, January 23, 2026.
Example 2: The term of the employee’s employment contract expires on January 14, 2026. The employee is on leave from January 7, 2026 to January 22, 2026, and will return to work on January 23. No notice regarding the expiration and termination of the contract has been given. In this case, the term of the employment contract is extended for the period specified in the employment contract.