Concept and Grounds for Termination of an Employment Contract
Termination of an employment contract means the cessation of an individual employment relationship between an employee and an employer on the grounds provided for by the Labor Code.
The grounds for termination of an employment contract are as follows:
1) mutual agreement of the parties (Article 157 of the Labor Code);
2) expiration of the term of the employment contract (Article 158 of the Labor Code);
3) termination of the employment contract at the initiative of the employee (Article 160 of the Labor Code);
4) termination of the employment contract at the initiative of the employer (Article 161 of the Labor Code);
5) refusal of the employee to continue work in connection with a change of the owner of the organization, its reorganization, or a change in its subordination (jurisdiction) (Part Five of Article 156 of the Labor Code);
6) refusal of the employee to continue work under new working conditions (Part Four of Article 137 of the Labor Code);
7) refusal of the employee to relocate to another locality together with the employer (Part Five of Article 146 of the Labor Code);
8) refusal of the employee, for health reasons and in accordance with a medical opinion, to be transferred to another job that is not contraindicated due to the employee’s health condition, or in the absence of such work with the employer (Part Two of Article 143 of the Labor Code);
9) circumstances beyond the control of the parties (Article 168 of the Labor Code);
10) failure to be elected or to pass a competition for a new term, or refusal to participate in an election or competition (Article 169 of the Labor Code).
An employment contract may also be terminated on other grounds provided for by the Labor Code and other laws.
Prohibition of Termination of an Employment Contract at the Employer’s Initiative
Termination of an employment contract at the initiative of the employer is prohibited in the following cases:
1) where such termination violates the requirements of the Labor Code prohibiting discrimination in the field of labor and employment;
2) during periods of temporary incapacity for work, as well as during periods when the employee is on leave provided for by legislation and other labor-related regulatory legal acts or by the employment contract;
3) during the period when the employee is released from work in connection with the performance of state or public duties;
4) during the period when the employee is on a business trip;
5) without compliance with the requirements providing guarantees to pregnant women (Article 408 of the Labor Code) and to employees who have a child under three years of age (Article 409 of the Labor Code).