In connection with moving to another region, the employee expressed a desire to resign before the end of fixed-term employment contract. Among the urgent reasons for this decision, the employee named his wife's transfer to work in the city they are moving to. Can he resign early without consequences and what are the necessary conditions for this - read below.
Legal basis
An employment contract with an employee is signed for a limited period in certain cases. In particular, the nature of the further work, the conditions of its performance and the legitimate interests of the employee are taken into account. A fixed-term contract is required when the employment relationship cannot be formalized for an indefinite period. Usually it is terminated upon the expiration of the contract term (item 2, article 36 of the Labor Code of Ukraine (hereinafter - the Labor Code )).
However, a fixed-term employment contract may be terminated early for the same reasons as a contract concluded for an unlimited period, in particular, at the initiative of the employee. Termination of a fixed-term employment contract at the initiative of the employee is possible provided there are good reasons.
The Labor Code allows this to be done in the event of illness or disability that prevents the performance of work under the contract, as well as the employer's violation of labor legislation, a collective or employment contract.
In addition, Part 1 of Article 38 of the Labor Code provides that a fixed-term contract can be terminated on the same grounds as an indefinite contract, without observing a two-week notice. The reason may be:
- moving to a new place of residence;
- transfer of a husband or wife to work in another area;
- admission to an educational institution;
- inability to live in this area, confirmed by a medical certificate;
- pregnancy;
- care for a child until they reach the age of 14 or a child with a disability;
- care for a sick family member (according to a medical certificate) or a person with a disability of group I;
- retirement;
- recruitment through competition, etc.
Therefore, an employee has the right to terminate an employment contract if their spouse is transferred to work in another area. Thus, in the above case, the employee has the legal right to terminate a fixed-term employment contract early.
