In year 2015 last legal blog post Law Firm ALTERNA´s partner and attorney-at-law Annika Vait wrote that also in case of fixed-term employment contract, it is possible to apply that the court or the Labour Dispute Committee would terminate the employment contract.
In Employment Contracts Act (ECA) is required, that if the contract termination notice is invalid or it collides the principle of good faith and therefore is annulled, then the parties have right to ask that the court or Labour Dispute Committee would end the employment contract (ECA paragraph 107 sections 1 and 2).
As an exception from the aforesaid, the court or Labour Dispute Committee will not satisfy the congruous application of employer in case if the employee is pregnant or she has the right to get special leave or maternity leave or in case the employee has been elected to be the representative of the employees, except if it is not reasonably possible, considering mutual interests (ECA paragraph 107 section 3).
In practice, there have been different understandings, whether that kind of opportunity of termination of the contract by the dispute resolution body could be used only in case of employment contracts without the term or also in case of fixed-term employment contracts. That kind of dispute was solved by the Supreme Court in its judgement no 3-2-1-80-15, where the court said, that the text of the act or the aim or the general logic does not give the reason to think that ECA paragraph 107 section 2 does not apply to termination of the fixed-term employment contract. Therefore, in case when the dispute resolution body will identify that termination of the employment contract is invalid, it is possible to apply Labour Dispute Committee or court for termination of the contract in case of employment contracts without the term and as well fixed-term employment contracts. Only the exception, described above (stated in ECA paragraph 107 section 2) should be taken into account.
Annika marked, that however the employers should take into consideration the obligation to pay remuneration stipulated in ECA paragraph 109 (according to the general rule in the extension of 3 months of average earned income) when the employer terminates the contract according to ECA paragraph 107 section 2, and as well the possible compensatory damages of the employee.
The blog’s post is available here: http://addenda.ee/vandeadvokaat-annika-vait-riigikohus-kohtult-ja-toovaidluskomisjonilt-saab-taotleda-ka-tahtajalise-toolepingu-lopetamist
For further information related to the article, please contact Annika by e-mail email@example.com or by phone +372 680 6850.
Law Firm ALTERNA