90 days and no more: what happens after the employment contract suspension ends
During martial law, the suspension of an employment contract at the initiative of one of the parties may not exceed 90 calendar days in total. Repeated suspension does not initiate a new 90-day period.
What happens after 90 days
After the legally established period concludes, two scenarios are possible.
Firstly, the parties may agree to extend the suspension. In this instance, it can be extended beyond 90 calendar days, but no longer than until the day martial law is terminated or cancelled.
Secondly, if there is no agreement to extend, the employment contract is fully restored. The employer is obliged to provide work to the employee, and the employee must resume performing their job duties.
What happens to an order if it specifies a longer period
If an order sets a suspension period exceeding 90 calendar days, such an order becomes invalid the day after the legally established period ends, unless the parties agree to extend it.
Does the employment contract terminate automatically
If, after the restoration of the employment contract, the employer and employee are still unable to fulfil their duties, the employment contract does not terminate automatically. Termination is possible only on grounds and in the manner prescribed by law.
Important information
After 90 calendar days, the employer has no right to unilaterally extend the suspension of the employment contract. The employee's consent is mandatory for this.
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