Publication date: 05.06.2024
Лоер
Termination and termination of a fixed-term employment contract.
Grounds for terminating a fixed-term employment contract
Termination of a fixed-term employment contract may occur for several reasons:
Expiration of the contract: The main reason for the termination of a fixed-term employment contract is the expiration of its validity period, specified in the contract.
Consent of the parties: The employment contract can be terminated by mutual consent of the employee and the employer at any time.
Employer's initiative: The employer has the right to terminate the employment contract early if the employee violates the terms of the contract or the rules of internal labor regulations, as well as in cases provided by law.
The employee's initiative: The employee can initiate the termination of the fixed-term employment contract at his own will, by notifying the employer about it within the period specified by law.
Other grounds: Termination of a fixed-term employment contract may also be carried out on other grounds provided for by the labor legislation of Ukraine.
The procedure for terminating a fixed-term employment contract
The procedure for terminating a fixed-term employment contract is an important process that requires strict compliance with the established rules and requirements of the law. Failure to comply with these requirements may result in legal consequences for both the employer and the employee. Let's consider the main stages of this procedure in more detail.
1. Notification
Termination Initiation: A party wishing to terminate a fixed-term employment contract must notify the other party in writing. The notice period depends on the reason for termination and the provisions of the employment contract.Legal requirements: According to Article 38 of the Labor Code of Ukraine, the employee must notify the employer two weeks before the date of dismissal. The employer, in turn, is obliged to notify the employee of the termination of the contract, provided that this is stipulated by the contract or legislation.
2. Documentation
Drawing up an order: After receiving a notice of termination of the contract, the employer must draw up an order for the dismissal of the employee. The order specifies the grounds for termination of the contract, the date of termination, and other necessary information.
Acts and other documents: In addition to the order, the employer must prepare other documents related to the termination of the employment contract. These can be acts on the transfer of material values, official memos, explanatory memos, etc.
Personal file of the employee: In the personal file of the employee, relevant records about the termination of the contract must be entered. It is also important to ensure the correctness of the employee's work book, if it is maintained.
3. Payments
Settlements with the employee: Upon termination of the employment contract, the employer is obliged to make a full settlement with the employee on the day of dismissal. This includes the payment of wages, compensation for unused vacation and other appropriate benefits.
Compensation for unused vacation: Under the law, an employee is entitled to compensation for all unused vacation days. This applies to both the main and additional leave, if such was provided for in the contract.Other benefits: In some cases, the employee may be paid other compensation provided by the collective agreement or labor law (for example, severance pay in case of layoffs).
The role of a lawyer in the process of terminating a fixed-term employment contract
When terminating a fixed-term employment contract, it is important to consult a lawyer. Consulting a lawyer in Kyiv will help you understand all the legal nuances, avoid mistakes and ensure compliance of the process with current legislation. A lawyer specializing in labor law will provide professional assistance in drafting documents, advice on the rights and obligations of the parties, and help resolve possible conflicts.
