IS IT POSSIBLE TO EMPLOY ANYONE INSTEAD OF THE EMPLOYEE IN THE DECREE.
⚡️QUESTION:
Is it legal to hire another person to replace an employee who is on parental leave?
⚡️ANSWER:
According to Article 234 of the Labor Code, after the end of maternity leave, at the request of the woman, she is granted parental leave until the child reaches the age of 2, during which time she is entitled to a pension in the manner prescribed by law. lanadi.
🟢 A woman's place of work (position) is maintained during childcare leave.
🟢 Article 105 of this Code stipulates that an employment contract concluded for the period of absence of an employee whose place of work (position) is to be maintained shall be terminated from the date of return of the employee to work.
🟢 According to Article 105 above, it is possible to hire another person to replace a childcare worker, but the order to hire a new employee must specify that the employment contract is for a certain period of time. That is, in an employment contract with an employee who replaces a retired employee, and in the manager's hiring order, that employee is to be replaced by the retired employee upon his or her return to work. should be specified.
✏️ In practice, such a problem is common. Some managers hire another employee with an indefinite contract to replace the employee who went on maternity leave, and when the employee returns on vacation, they decide who will stay and who will leave. If you don't insist on your right to be in that situation now, as if it were a mistake, as if you had made a mistake, you will be left without a job. And your boss will continue to worry…
