Where an employment contract has been concluded with a probationary period, the probationary period does not include the time during which the worker or employee has been on statutory leave or, for other valid reasons, has not performed the work for which the contract was concluded. Consequently, taking leave for pregnancy and maternity under Article 163 of the KT and then parental leave until the child’s attainment of the age of 2 under Article 164 of the KT during the probationary period suspends the probationary period. If, at the time of return to work after using maternity leave and parental leave for raising a child up to the age of two years, the probationary period has not yet expired, then the employment contract may be terminated at any time on the basis of Article 71(1) of the KT until the expiry of the outstanding probationary period. The grounds for termination under Article 71(1) of the KT do not fall within the cases exhaustively listed in Article 333(1),(5) and (6) of the KT where the mother of a child up to the age of three years, a pregnant worker or employee taking leave under Article 163 of the KT benefits from special protection in case of dismissal.
Reference: Article 70(4) of the Labour Code.