LABOUR CONTRACT IS AN EXCEPTION FOR A DEFINITE TIME

I took part in a competition which envisaged that after winning I was to work on permanent basis. I passed the competitive stage, but I signed a one-year contract. After the expiry of the contract period, I was discharged based on the grounds mentioned above. I wonder if the employer was right or wrong in doing so?

M.H. Yerevan

- In accordance with Article 94 of Labour Code of the Republic of Armenia, the Legislation stipulates limitations as regard the time of conclusion of labour contracts according to which a labour contract is signed:

1) for an indefinite period of time if the period is not mentioned in the labour contract.

2) for a definite period of time if the period is mentioned in the labour contract.

At the same time, Clause 1 of Article 95 of the same code stipulates that labour contracts are signed for a definite period of time if working relations cannot be determined for an indefinite period of time in view of the nature or terms of the work done if nothing otherwise is envisaged by the same code or law.

The mentioned legislation enables an employer to sign a labour contract for a definite period of time, but envisages certain restrictions.

It follows that an employer can enter into labour contracts for a definite period of time if working relations cannot be determined for an indefinite period of time in view of the nature and terms of respective work done.

Moreover, Clause 3 of Article 95 of RA Labour Code stipulates cases when labour contracts can be signed for a definite period of time which are deemed to be exceptions.

In other words, labour contracts can be signed for a definite period of time in exclusive cases determined by legal provisions. Hence, labour contracts cannot be signed for a definite period of time in cases when operations carried out by virtue of labour contracts are of permanent nature in working relations. Whereas the definition of “permanent nature” has a broad significance in which performance of operations have their start, are of continuous and uninterrupted nature of performance. In addition, the business sphere and operations can vary. That is the reason why the Legislation stipulated such cases by virtue of which labour contracts are signed for a definite period of time.

It is necessary to know that labour contracts signed for a definite period of time are exceptions from common rules, in other words, as a rule working relations ought to be regulated by the contract signed for an indefinite period of time and only in exclusive cases it is permitted to enter into labour contracts for a definite period of time. I follows that labour contracts signed for a definite period of time can be signed only in cases of the operations done or terms of execution thereof are of permanent nature or subject to preconditions envisaged by Clauses 2 and 3 of Article 95 of Labour Contract of the Republic of Armenia.