Consideration of disputes on termination of an employment contract due to the expiration of its validity period

           In judicial practice, questions arise about the procedure for terminating an employment contract concluded for a certain period of time. When concluding an employment contract, the term of its validity is stipulated. In accordance with paragraph 2 of Article 30 of the Labor Code, an employment contract may be concluded for a certain period of at least one year. Upon expiration of the employment contract, the parties have the right to extend it for an indefinite or definite period of at least one year. In the event of the expiration of the employment contract, if none of the parties has notified in writing about the termination of the employment relationship during the last working day (shift), it is considered extended for the same period for which it was previously concluded, with the exception of the cases provided for in paragraph 2 of Article 51 of the Labor Code. Thus, only when an employment contract is concluded for a certain period of at least one year, in the event of termination of the contract by one of the parties to the employment contract during the last working day (shift), a notification is served. Upon termination of an employment contract concluded for the duration of a certain job, for the duration of the replacement of a temporarily absent employee, or for the duration of seasonal work, notification of termination of the employment contract is not required. Regardless of the term of the employment contract, termination is executed by an order indicating the grounds for termination of the contract.

Consideration of disputes on termination of an employment contract due to the expiration of its validity period

There is a misconception that it is not allowed to dismiss an employee during a period of temporary disability. The Labor Code restricts the right of an employer to terminate or terminate an employment contract during the period of temporary disability of an employee on only two grounds, namely: termination of an employment contract if the employee refuses to continue the employment relationship (Article 58 of the Labor Code) and termination of an employment contract on the initiative of the employer on the grounds provided for in Article 52 of the Labor Code, except for the cases provided for in paragraphs 1), 18), 20) and 23) of paragraph 1 of Article 52 of the Labor Code. Thus, the issuance of an order to terminate an employment contract in connection with the expiration of an employment contract is allowed in the case of temporary disability of the employee on the day of the expiration of the employment contract. Example. Plaintiff T. appealed to the court with a statement of claim to the JSC for the cancellation of the order to terminate the employment contract, reinstatement at work in his previous position, for the recovery of wages for the time of forced absenteeism, for compensation for moral damage. He indicated that on October 7, 2015, he was hired by JSC for a period of 1 year with an official salary according to the staffing table. On July 18, 2016, due to the change in the name of the position and the amount of salary, an additional agreement was concluded to the employment contract. By the employer's order dated October 6, 2016, the employment contract with the plaintiff was terminated on October 7, 2016 on the basis of subparagraph 2) of Article 49 and paragraph 1 of Article 57 of the Labor Code. The plaintiff requested that the order be declared illegal, considering the emergence of an employment relationship on October 7, 2015, since his last working day was on October 6, 2016, when he was not notified of the termination of the employment contract. Consequently, the employment relationship with the employer was extended from October 6, 2016 for a year. In violation of subparagraph 2) of paragraph 1 of Article 30 of the Labor Code, the employer officially handed him the notification only on October 7, 2016; on the same day, he was provided with an illegal order from the Company dated October 6, 2016 on termination of the employment contract. The law excludes the possibility of termination of an employment contract at the initiative of the employer during the period of temporary disability of the employee, and he was ill from October 3 to October 5, 2016, as evidenced by the temporary disability certificate.

By the decision of the district court, the application of T. to JSC for the cancellation of the order to terminate the employment contract, reinstatement at work in his previous position, for the recovery of wages for the time of forced absenteeism, and compensation for moral damage was refused. In rejecting the plaintiff's application, the court reasoned that, in accordance with paragraph 1 of Article 21 of the Labor Code, an employment relationship arises between an employee and an employer on the basis of an employment contract. On the basis of Article 51 of the Labor Code, an employment contract concluded for a certain period of time is terminated due to the expiration of its term. According to subparagraph 2) of paragraph 1 of Article 30 of the Labor Code, in the event of expiration of an employment contract, it is considered extended for the same period for which it was previously concluded, if neither party notified in writing about the termination of the employment relationship during the last working day. In rejecting the claims, the court reasonably assumed that the plaintiff had been notified in a timely manner of the termination of the employment contract, as evidenced by the notice sent to the plaintiff on October 5, 2016 by e-mail, which was delivered to him personally on October 7, 2016. As established by the court, the plaintiff was on sick leave from October 3 to October 5, 2016. When he went to work on October 6, 2016, he was given the opportunity to review the messages sent to him by his employer by e-mail, including the employer's notification of termination of the employment contract upon expiration. The plaintiff received the notice and the employer's order to terminate the employment relationship on October 7, 2016, which was confirmed by the drafting of the relevant act. The court found that, in accordance with the procedure provided for by law, the plaintiff was notified in writing of the termination of the employment relationship during the last working day, there are no restrictions on termination of the employment relationship upon expiration of the employment contract during the period of temporary disability of the employee, taking into account the duration of the employment contract, the court's conclusions on the legality of the employer's actions to terminate the employment relationship in connection with with the expiration date. Depending on the term of the employment contract, the employee's right and the employer's obligation to extend the term of the employment contract arise upon the provision of supporting documents granting the right to extend the term of the contract. According to paragraph 2 of Article 51 of the Labor Code, the right to extend the term of an employment contract arises only for employees with whom an employment contract has been concluded for a certain period of at least one year. An extension of the term of an employment contract concluded for a certain period of at least one year is provided for pregnant women with a pregnancy period of twelve weeks or more, as well as employees with a child under the age of three who have adopted a child and who wish to use their right to leave without pay to care for a child.  If an employee belonging to the above category submits a written application for an extension of the term of the employment contract, the employer is obliged to extend the term of the employment contract until the end of the parental leave, the duration of the leave is determined by the employee. In accordance with paragraph 2 of Article 33 of the Labor Code, amendments and additions to the employment contract are made by the parties in writing in the form of an additional agreement to the employment contract, which is an integral part of the contract. 

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