We have an employee on maternity leave, and the main employee wants after ...?
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... leave for pregnancy and childbirth to take the main annual leave, and then to take care of a child up to 3 years old, then what about an employee who is accepted on maternity leave, during the annual main leave of the main employee? Does he have the right to continue working under a fixed-term contract until the moment the main employee leaves the decree? Is he fired?
Answers
Yaroslav SikorskyYES, he is fired.
After the end of the parental leave of the main employee, the employment relationship with the employee, who was hired under a fixed-term employment contract, is terminated according to Clause 2 of Art. 36 of the Labor Code of Ukraine (in connection with the expiration of his employment contract).
For dismissal, the employee's application is not required, since he gave his consent to this in the application for employment for a specified period. He is dismissed by order of the employer, which is usually issued on the last day of the fixed-term employment contract.
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