Employee Resignation During Maternity Leave: Must the Company Issue a Decision to Terminate the Labor Contract?

Our company has an employee who is currently on maternity leave (until June 2020). However, her employment contract is set to expire on March 19, 2020, and she does not wish to renew her contract. Is it legal for us to issue a decision to terminate her employment contract? Thank you!

Clause 3 Article 137 of the Labor Code 2012 stipulates:

The employer is not allowed to dismiss or unilaterally terminate the labor contract for employees due to reasons of marriage, pregnancy, maternity leave...

According to Clause 1 Article 34 of the Labor Code 2012:

Cases of labor contract termination:

Expiration of the labor contract, except for the cases specified in Clause 4 Article 177 of this Code.

Thus, when the contract expires and one of the two parties does not renew it, the contract is considered terminated, and the company is not required to issue a decision on terminating the labor contract. Note that the company is not allowed to unilaterally terminate the labor contract with employees who are on maternity leave; if the two parties agree to terminate the contract or the contract expires, the company does not violate this regulation.

Respectfully!

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