The State Labour Service of Ukraine informs that for the period of suspension of the main employee to his/her position, another employee who has received a mandatory preventive vaccination against acute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus may be accepted under a fixed-term employment contract.
An employee who has entered into a fixed-term employment contract is subject to dismissal after the term of suspension of the main employee expires.
The State Labour Service refers to the Civil Cassation Court of the Supreme Court, which in its resolution of April 29, 2021 in case No. 266/3163/16-ц noted: when entering into an employment contract for a certain period, this period is established by agreement of the parties and can be determined both by a specific period and by the time of occurrence of a certain event (for example, the return to work of an employee from maternity leave and child care; a person who left work due to conscription for active military or alternative service, election as a people’s deputy or to an elected position) or the performance of a certain amount of work.
According to clause 2, Part 1, Article 36 of theLabour Code, the grounds for termination of an employment contract shall be the expiration of the term of the employment contract (clauses 2 and 3 of Article 23), except in cases when the employment relations actually continue and none of the parties has requested its termination. The rule of law provides for the grounds for termination of an employment contract concluded for a certain period of time. Namely: in cases where an employment contract was concluded before the occurrence of a certain fact, such a contract shall be considered concluded for a certain period of time. Therefore, the occurrence of a stipulated fact is the basis for termination of the employment contract due to the expiration of the term.