If an employee is reinstated, is their replacement dismissed? Articles 168 and 144 of the Labour Code (Telegram channel post)

The Telegram channel (t.me/yuristlar_maslahati), relying on Articles 168 and 144 of the Labour Code, explained what happens to the person hired in place of a reinstated employee. The points are retold below in our own words. Important: we have not seen the text of the Labour Code; the article and item numbers come from the channel's post.

What happens, according to the post?

1. Under item 2 of part one of Article 168 of the Labour Code (termination of an employment contract in circumstances beyond the will of the parties), the employment contract with an employee is terminated because the employee who previously did that work has been reinstated.
2. That is, the person hired in place of an employee reinstated by a court decision is dismissed under Art. 168, part 1, item 2.
3. However, under part one of Article 144, if for objective reasons it is impossible to continue the work stated in the employment contract, the employer must offer the employee another job matching their specialty and qualification, and if there is none, any other job available at the employer.
4. Under part two of Article 144, this duty rests with the employer if the contract is terminated on these grounds: Art. 143, part 2; Art. 161, part 2, items 2 and 3; Art. 168, part 1, items 2, 4, 5 and 9; Art. 489, part 1, item 1.

Conclusion

The channel's conclusion: if an employee is dismissed under Art. 168, part 1, item 2, the employer must provide them with other work; the employee being dismissed must be offered another job.

What is not known?

• We have not seen the text of the Labour Code: the article, part and item numbers come from the channel's post, so they must be checked against the text of the Code. The «Art. 489» number named in the post is also not checked against the Code.
• It does not say how a «matching» or «other available» job is determined or what happens if the employee refuses the offer.
• It does not say whether the offer must be in writing or within what period.
• The date of the post is not given; on our site it was published on 13 November 2026.

Note

This is general information relying on the channel's post, not legal advice. In a specific case, check the current text of the Labour Code or consult a specialist.