13.04.23

Lawyers of Advocates Bureau Yug proved in court that dismissing an agricultural company s director was legal

Lawyers of Advocates Bureau Yug proved in court that dismissing an agricultural company s director was legal

A minority shareholder has been working as a director of an agricultural company for a long time. After appointing a new CEO, he became Deputy CEO under the fixed-term employment contract, which terminated upon expiring.

The former employee disagreed with the dismissal and appealed to the court demanding to recognize a fixed-term employment contract to be an indefinite one and reinstate the employee at work.

During the trial, ABY proved that the employment contract was concluded legally for a definite period, and there is no evidence that a fixed-term contract was concluded by force. We pointed out to the court that the employee is the company s shareholder, actively participates in its management, and gets a profit. While concluding a fixed-term employment contract, the employee was aware of its nature and termination upon expiring by virtue of his position and qualifications. At the same time, previous employment of the company s director does not give grounds to consider an employment contract as an indefinite one.

Despite the negative opinion of a labor authority, the court decided that the employer performed the dismissal procedure correctly.

As a result, the decision of the Crimean District Court dated 4/4/2023 dismissed the claim.

ABY s lawyer Alexey Demekhin was a representative of the client s interests.

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