The Labor Code clearly regulates the rights and obligations of employers and employees. However, sometimes unforeseen circumstances arise in practice, raising additional questions. For instance, can an employer terminate an employee without prior notice?
The chairman of the League for the Protection of Labor Rights, Sahib Mamedov, explained when a labor contract may be terminated at the initiative of the employer. According to the expert, it depends on the specific grounds stipulated by law.
“Among them are the expiration of a fixed-term contract, staff reduction, liquidation of the enterprise, or failure to fulfill job duties. Additionally, under Article 70 of the Labor Code, if an employee fails to pass certification, the employer may unilaterally terminate the contract,” said Mamedov.
He emphasized that, as a general rule, the employee must be notified in advance.
“The notice period depends on the employee’s insurance record: the longer it is, the longer the notice period. At the same time, in cases of the employee’s failure to perform their duties, an explanation should first be requested from them, and then other measures taken. Employees who fail the certification also usually receive prior notice. However, in the case of a fixed-term contract expiration, no notice is required,” he explained.
Furthermore, Mamedov clarified: according to amendments to the Labor Code, if the contract is not terminated within a week after the expiration date, it is automatically extended for the same period.
