Answer:
- Case of LC suspension
The Labour Code allows the Employer and the Employee to suspend the LC in any of the following cases[1]:
- The Employee does military service or discharges such Employee obligations to join the self-defence militia;
- The Employee is detained or temporarily held in prison in accordance with the Law onCriminal procedure;
- The Employee must comply with a mandatory decision on such Employee admission to a detention centre, drug rehabilitation centre or compulsory educational establishment;
- The female Employee is pregnant;
- The Employee is appointed to work as an enterprise manager of a single-member limited liability company in which the State holds 100% charter capital;
- The Employee has a power of attorney to exercise the rights and discharge the responsibilities of the representative of the Sate owner of a portion of State capital;
- The Employee has a power of attorney to exercise the rights and discharge the responsibilities of the enterprise regarding the capital portion of the enterprise invested in another enterprise; and
- In other circumstances agreed by the two parties.
The Employee must present at the workplace after the suspension period expires, and the Employer must reinstate such Employee unless otherwise agreed upon by the two parties[2].
2. Can the suspension period be counted into the LC term?
According to Article 31 of the Labour Code, within 15 days from the deadline of the LC suspension, the Employee must present at the workplace to continue performing the work under the signed LC if the LC is still valid. Thus, it can be understood that, if at that time the term of the LC with a definite-term has expired, the LC will terminate except that the parties agree to extend the term of the LC for another period. Please note that this is not the case of an indefinite-term LC because of its infinite nature.
[1]Article 30 of the Labour Code
[2] Article 31 Labour Code
