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Termination of Fixed term contract

Dear expat.com,

You may not be the correct address for my question but you were the only one that I could find on internet to ask help online in Hungary. Would be really grateful if you could help me...

I am employed by a Hungarian organization to work in their country office in Turkey. It's been 3 years and three times fixed term (for 1 year) contract was signed by both parties.

Last contract has ended on 30 October 2017. As I was told nothing until that date, I thought my employment will be extended for 1 year again and waiting just for bureaucratic paperwork. But on 8 November 2017 (8 days later than the fixed term date) I have told that my contract was terminated. And now, As if  they do favour for me, they have extended my contract till 30 November 2017, to cover the notice period.

They have never send me any official letter stating the termination and/or notice period and want me to accept this last contract. BUT I am insisting that, the way of handling this situation is not correct and legal, and they have to notice me at least 30 days ago.

I can understand that in Hungarian Labour law, there is no severance payment for fixed term contracted staff, but without notice - is it legal in Hungary to terminate the contract 8 days later? What is the law says about the notice period for fixed term contracts? As far as I can find in Hungarian law, the period of notice shall be minimum thirty days and maximum one year, and the thirty-day notice period shall be extended by five days after three years of employment at the employer. But the organisation says this is for indefinite contracts and ignore to share the related law with me.

What are my legal rights? Could you PLEASE help/advise me with documents that I can refer to support my concern?

Thanks in advance

I hope someone can advice you.
Looks like if I read it right, they gave you about 2 weeks notice and not 30 days notice.
good luck, I am sure someone who knows more will answer you.
Maybe you could contact the company who hired you if there was a go between agent like a staffing co.They may have more answers.
In any case sorry seems you are out of a job and have to start a new job search soon.

abastuji :

Dear expat.com,

You may not be the correct address for my question but you were the only one that I could find on internet to ask help online in Hungary. Would be really grateful if you could help me...

I am employed by a Hungarian organization to work in their country office in Turkey. It's been 3 years and three times fixed term (for 1 year) contract was signed by both parties.

I'm not a lawyer...so YMMV....general thoughts...

If your permanent POD (Post of Duty) is in Turkey, you are physically there all the time, pay Turkish taxes,   then you need to ask a Turkish employment specialist, not a Hungarian one.   The language of the contract can be anything and the jurisdiction of the contract can be anything. However,  this doesn't override Turkish employment law if that is where you permanently working/living. 

For example, I could not write a employment contract which is executed in Turkey which has clauses which are illegal under Turkish law, even if the contract clauses were perfectly legal under Hungarian law.  That would be unenforceable in Turkey or any Turkish judge would re-write or disregard the clauses to make it legal enough to interpret.  There's also the concept of unreasonable contract terms.

Exceptions include that you work for an international organisation like the UN or Hungarian state or you are a Hungarian diplomat.

So best to discuss it in Turkey rather than here.....

The end of your contract was told to you 1 year in advance. It requires no notice, since both parties agreed on the termination date.

Rawlee :

The end of your contract was told to you 1 year in advance. It requires no notice, since both parties agreed on the termination date.

In principle yes, but it doesn't override local employment law or the employer's obligations within the borders of Turkey.   OP needs to consult a Turkish employment specialist. One thing to look at is to determine if it's a contract of employment or a contract for services.

It's sad to lose a job but running after your rights may not bring in any funds for bills and take up all your time that could be used for a job search.
At least they gave some notice, in Vegas legally they don't have to tell you a thing, it could be you show up for work and they escort you out the same day with security.
I would def look into any rights I may have but in the mean time I would start looking for some income.
In the end it may cost you in legal fees to go after a large co.
Best of luck.

Yes, but as it was renewed 2 times and nothing was told before 30 October I could easily think that it will be extended again for 1 year. Normally, even it is fixed term contract, beginning of October employee should be told about the termination in both for legal and ethical purposes. To terminate the contract after 8 days of fixed term and without any official written letter (just verbal declaration) shouldn't be normal in any country.

fluffy2560 :
Rawlee :

The end of your contract was told to you 1 year in advance. It requires no notice, since both parties agreed on the termination date.

In principle yes, but it doesn't override local employment law or the employer's obligations within the borders of Turkey.   OP needs to consult a Turkish employment specialist. One thing to look at is to determine if it's a contract of employment or a contract for services.

This is usually defined in the contract. Would be the wisest for the OP to find it, and read the relevant parts. I'd put my money on the hungarian law, as that would be the more hassle-free for the company.

In brief, I understand that there is no notice period for fixed term contracts in Hungarian Labour Law. And it is normal to declare the termination of contract after 8 days of fixed term. There is nothing that I can claim from the employer...
That sounds weird but thanks for all your replies.

abastuji :

Yes, but as it was renewed 2 times and nothing was told before 30 October I could easily think that it will be extended again for 1 year. Normally, even it is fixed term contract, beginning of October employee should be told about the termination in both for legal and ethical purposes. To terminate the contract after 8 days of fixed term and without any official written letter (just verbal declaration) shouldn't be normal in any country.

You were told of its termination a year in advance. Fixed-term contract is just like you explained. You are seeking the benefits of open-ended term contract. They didnt temrinate the contract, your contract expired. It was not renewed.

Check your contract, it should be written in there.

Rawlee :

..... I'd put my money on the hungarian law, as that would be the more hassle-free for the company.

Nah, that's not relevant.   If that were possible, it'd be possible to employ people on "slave" labour or unfair contracts anywhere else in the world.

Turkish Labour Law will trump anything in Hungary as the OP is employed in Turkey.  I just Google'd the Turkish Labour Law - this is the starting position for checking on the situation.   If OP wants notice, then it looks like 4 weeks must be given as the contract term was 6-12 months - this seems to have been given not as a courtesy but a requirement.  But conditions apply of course - if fired for misconduct etc.

The question is what compensation might be given or more importantly the reason for termination.   It would be better to ask the employer to cough up severance pay and the right notice period.  The hassle and costs of fighting them in courts would be high and the returns not much.  Best to try and negotiate before bringing out the big guns (lawyers and courts).  Don't be bullied by the employer.

abastuji :

In brief, I understand that there is no notice period for fixed term contracts in Hungarian Labour Law. And it is normal to declare the termination of contract after 8 days of fixed term. There is nothing that I can claim from the employer...
That sounds weird but thanks for all your replies.

Forget about the Hungarian employment law - you are in Turkey, employed there full time, pay taxes there via the local entity, blah-blah.  Hungarian law means nothing much in Turkey regardless of what is written in the contract.  Consult a Turkish employment lawyer.

abastuji :

What are my legal rights? Could you PLEASE help/advise me with documents that I can refer to support my concern?

Thanks in advance

This is the relevant law. I hate reading laws. Have fun with it.

https://net.jogtar.hu/jr/gen/hjegy_doc. … 1200001.TV

Rawlee :
abastuji :

What are my legal rights? Could you PLEASE help/advise me with documents that I can refer to support my concern?

Thanks in advance

This is the relevant law. I hate reading laws. Have fun with it.

https://net.jogtar.hu/jr/gen/hjegy_doc. … 1200001.TV

Apart from the irrelevancy of HU laws, you need to contact a Turkish specialist as you live and work in Turkey as part of a Turkish representative office of a Hungarian entity.   

Who is your contract with?  The Turkish office or the Hungarian entity?

My contract was with Hungarian entity

abastuji :

My contract was with Hungarian entity

So you are working for HunCo Kft or HunCo RT?

Your POD (Post of Duty) is permanently in Turkey (i.e. you live there)?

Where are you paid?  Who takes care of your taxes?

What is the jurisdiction of your contract?

Is your contract, a contract of employment (you are an employee) or a contract for services (i.e. you are a subcontractor)?

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