Dismissal under a fixed-term contract does not require an application. Fixed-term employment contract, dismissal at will

Dismissal under a fixed-term employment contract differs from termination of employment with others full-time employees. If the period specified in the documents has expired, then dismissal under a fixed-term employment contract must occur according to general rules. Let's consider the procedure for dismissal upon termination of a fixed-term contract. employment contract in more detail.

What is a fixed-term employment contract?

The hiring of new employees is confirmed by the execution of employment contracts, which reflect the procedure and conditions of work, the rights and obligations of existing parties, as well as the duration of the employment relationship.

In this case, it is possible to conclude both open-ended employment contracts and contracts with a limited period of validity. The duration of the latter cannot exceed 5 years (Article 58 of the Labor Code of the Russian Federation). If more than long term, then such a contract becomes indefinite.

In accordance with the provisions of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is drawn up on the basis of the following conditions:

1. If you plan to hire a new employee whose responsibilities include performing the functions of temporarily absent employees.
2. If it is necessary to perform seasonal or temporary (no more than 2 months) work.
3. To perform specific types of work and services not related to the daily activities of an economic entity.
4. To perform labor functions, the end date of which is determined by a specific date.
5. When sending an employee abroad.
6. If the nature of the work is related to studies, internships.
7. In case of temporary employment of persons undergoing alternative civil service, or citizens aimed at temporary work employment centers.
8. In other situations permitted by law.

In addition, fixed-term employment contracts can be concluded with paralegals and prosecutorial employees, as well as with persons in the civil service.

Employers also have the right to conclude employment contracts with a limited period of validity with the agreement of the interested parties (Article 59 of the Labor Code of the Russian Federation). These include small enterprises whose number of employees does not exceed 35 people. Also, contracts of this kind can be drawn up with:

• citizens who have reached retirement age, as well as with those who, for medical reasons, are allowed only temporary employment;
• persons working in the Far North;
• employees whose activities are related to the prevention of natural disasters and other emergency situations;
• workers of culture and art;
• representatives of the management apparatus - managers, chief accountants;
• ship crew members;
• employees performing their duties part-time;
• full-time students.

Illegal establishment of the validity period of an employment contract, confirmed by the judicial authorities, transfers it to the category of indefinite (Article 58 of the Labor Code of the Russian Federation). The conclusion of fixed-term employment contracts that limit the rights of employees may be considered illegal. So, if the dismissal is due to the liquidation of the enterprise or staff reduction, severance pay employees who have entered into fixed-term employment contracts lasting up to two months are not entitled to two average monthly salaries.

For other information about severance pay and its taxation, see the material “On personal income tax exemption of the amount of severance pay upon dismissal.”

Conditions for applying a fixed-term employment contract

Employment contracts with a limited duration are mainly concluded in cases where the type of work performed is temporary. In other situations, agreement of both parties is required.

If fixed-term contracts are periodically concluded with the same employee, the employer must be ready to provide reasoned explanations for the need to determine the terms. Otherwise, the judicial authorities, when considering conflict situations such contracts can be recognized as perpetual.

If, upon expiration of the concluded employment contract, neither party has expressed a desire to terminate the employment relationship, the contract is recognized as unlimited. At the same time, make additional entries in work book not required. However, the changes will need to be recorded in an additional agreement (letter of Rostrud “On the term of the employment contract” dated November 20, 2006 No. 1904-6-1). The extension of the term of the employment contract is also confirmed by the order.

For other information about the responsibilities of HR employees, see the material “Procedure for maintaining personnel records at an enterprise.”

Considering the fact that the expiration date of employment contracts does not imply their completion, employers are recommended to keep records of these documents themselves. Otherwise, employees will have to be dismissed on a general basis at the end of the work completion period.

For additional information on the procedure for dismissal in certain situations, see the material “Procedure for dismissal due to liquidation of an organization.”

Dismissal under a fixed-term employment contract

The process of terminating the employment relationship with employees who work on fixed-term contracts is slightly different from the standard dismissal procedure.

The reason for dismissal under a fixed-term employment contract may be the end of its validity period. But in this case, it is important not to miss the deadlines. The basis is clause 2 of Art. 77 of the Labor Code of the Russian Federation, which is applied in cases where the parties have decided to terminate further labor relations.

Dismissal must be preceded by a written warning from management issued to the employee at least 3 days in advance. The fact that the dismissed person is familiar with the notice sent to him must be recorded. The only exception is the termination of the contract on previously accepted conditions, under which the duties of an employee absent for any reason were temporarily performed (Article 79 of the Labor Code of the Russian Federation).

The absence of notice of dismissal does not allow dismissing an employee due to the expiration of the employment contract. The employment relationship can be terminated in such cases only on other conditions provided for by law.

Drawing up a notice of termination of an employment contract is allowed in any form. It should reflect the date and reason for dismissal. If the employee refuses to familiarize himself with the notice, a corresponding act is issued.

Termination of employment under a fixed-term employment contract is permitted in the following cases:

1. If the contract is drawn up for the purpose of performing certain types of work, termination occurs upon completion. In this case, an act of acceptance and transfer or performance of work is drawn up. The end of the contract term is the next day after the act is drawn up.
2. If the contract implied the fulfillment of the duties of a temporarily absent employee, then it terminates when the employee returns to work. workplace.
3. A fixed-term contract can also be concluded for a period of seasonal work. It ends after the end of the designated period. Lists of seasonal work and their terms are established by the Government of the Russian Federation.

After the termination of the employment relationship, the employee receives a work book, payroll and related documents.

More detailed information for documents issued upon dismissal, see the material “Certificate of wages - sample and form in 2018-2019”.

If an employee decides to leave the workplace after the end of the contract, the employer does not have the right to retain him.

Upon dismissal, the employee is guaranteed all required monetary payments: payment for the period of work, compensation for unused vacation. If a fixed-term contract was drawn up for a period of up to 2 months, then compensation for vacation is calculated at the rate of 2 days for 1 month worked (Article 291 of the Labor Code of the Russian Federation). The grounds for termination of the employment relationship do not affect the amount of compensation paid. The terms of the contract may provide for other payments, such as severance pay, the amounts of which are reflected in local documents.

Under some circumstances, the termination of fixed-term contracts occurs earlier than the established period, including on the basis of the provisions of Art. 77 of the Labor Code of the Russian Federation, by mutual agreement of the parties, at the initiative of the employer and other circumstances beyond the control of the parties.

Dismissal under a fixed-term employment contract caused by the employee’s initiative must be accompanied by a written notification from management 3 calendar days before the expected date of termination of the employment relationship.

Results

Termination of a fixed-term employment contract must be carried out in accordance with all the rules enshrined in the Labor Code of the Russian Federation, in compliance with the established deadlines. Otherwise, if conflict situations arise between the parties, termination of the contract will have to be carried out on a general basis, involving longer work or, possibly, a higher level of payments upon dismissal.

It must be remembered that dismissal under a fixed-term employment contract differs from general rule. And to reduce it to zero possible risks employees' appeals to the labor inspectorate and the court, you need to know the main features of this procedure.

Definition

A fixed-term employment contract is a type of agreement concluded for a specific period. Article 59 of the Labor Code of the Russian Federation provides that such an agreement can be concluded for a certain time if the employee cannot work for on an ongoing basis. A fixed-term employment contract is signed for a maximum of five years. If the terms are not specified in the document, the agreement is considered unlimited. A concluded fixed-term contract without compelling reasons may be recognized by the court as unlimited-term.

The employee must be notified accordingly of the termination of the agreement. In the absence of notification, a person has the right to continue working. A fixed-term employment contract can be extended, but only in those cases provided for by law, or the contract is extended by agreement of the parties.

Legality of the contract

An organization accepting an employee into its staff may offer him or permanent job, or for a limited period of time. In the latter case, a fixed-term employment contract is signed. The Labor Code of the Russian Federation regulates the signing of such an agreement depending on the circumstances: taking into account the assigned work or by agreement of the parties. When drawing up a contract, its legality must be checked. It is urgent only if there is a clause where a deadline is fixed. Otherwise, the document will automatically be terminated, which will be possible on the grounds mentioned in Article 59 of the Labor Code of the Russian Federation.

Notice of dismissal

Providing notice of dismissal on time is also an important factor. After all, if the employee is not notified in advance, or he himself did not write a letter of resignation on time when the contract expired, he can simply continue working. The agreement becomes indefinite, and dismissal under a fixed-term employment contract becomes irrelevant. Subsequent dismissal must comply with legal requirements. Otherwise it will be illegal.

It is necessary to notify the employee of the upcoming dismissal three days in writing. The following cases are exceptions:

• the contract was signed during the absence of the employee for whom the duties are performed (accordingly, the document loses force from the moment of release this employee to work);
• the contract was concluded for execution certain work(after the work is completed, the agreement is automatically terminated);
• The contract was concluded for seasonal work.

An authorized employee must send the notification, often an employee HR department. The document is drawn up and signed in two copies. To prevent the risk of litigation, the recipient must indicate on the company copy that he received his copy.

Main reasons

According to the Labor Code, dismissal under a fixed-term employment contract (Article 77-81) occurs for the following reasons:

• Return of a previously employed employee, during whose absence a temporary one was issued.
• Expiration of the contract due to the fulfillment of the obligations for which the employee was hired.
• Agreement of the parties.
• Initiative of the employee or employer.

Employee initiative

The employee must inform in advance of his intention to terminate the fixed-term employment contract. Dismissal by at will requires written notice to the employer 14 days in advance. In case of dismissal, by agreement of the parties, the contract can be terminated earlier than after two weeks.

Grounds for termination of the contract by the employee:

• disability or illness that makes it impossible to continue to perform one’s duties;
• illness of one of the family members requiring constant care;
• failure by the manager to fulfill the obligations or conditions specified in the contract, as well as his violation of legislative norms;
• moving to another city;
• admission to an elected position;
• other reasons.

If the manager does not want to sign the dismissal order, justifying his decision by the absence good reasons for this, this question can be resolved through the court or through a commission for resolving labor disputes.

Employer initiative

Dismissal under a fixed-term employment contract at the initiative of the employer is provided for a number of reasons:

• closure of an organization;
• inconsistency with the position held by the employee;
• systematic failure to fulfill or generally ignore the obligations stipulated by the contract;
• change of personnel (this applies to leadership positions);
• violation of discipline in the workplace;
• providing false data when concluding an agreement;
• committing actions that caused significant harm to the organization.

Among other things, the head of an organization, having decided to terminate a fixed-term contract with an employee, must take into account some nuances:

• Any grounds for termination of an employment contract must be provided for by law.
• Dismissal under a fixed-term employment contract and the circumstances leading to this must be supported by facts. It could be memo, explanatory note from the employee, act, order for collection.
• A person who has not reached the age of majority may be dismissed before the end of the contract, if there is permission from government authorities.
• Mandatory compliance with deadlines established by law.
• Mandatory payment of all compensations and guarantees.

Expiration

The Labor Code of the Russian Federation allows severing labor relations in accordance with Article 77. Taking into account this article, you can dismiss an employee based on the expiration of the agreement. If neither the employee nor the employer insists on its termination at the end of the contract and the working relationship continues, then the document automatically loses its force and becomes indefinite.

Terms of dismissal

The timing of dismissal under a fixed-term employment contract varies depending on what exactly was the reason for dismissal:

• If the dismissal occurs at the request of the employee before the agreement expires, then management must be notified of this decision three working days in advance.
• If the employer decides to terminate the employment relationship with the employee before the end of the contract, the notice must be drawn up and sent two weeks in advance.
• Dismissal upon expiration of the employment contract can be carried out on the day the agreement expires.

Registration procedure

The procedure for dismissal under a fixed-term employment contract is the following algorithm of actions:

• Notice warning of impending dismissal.
• Drawing up a dismissal order.
• Familiarization of the employee with the dismissal order.
• Preparation of the calculation sheet.
• Familiarization with the calculation sheet.
• Calculation on the day of employee dismissal.
• Drawing up a work book, making a record of dismissal and explaining on what basis the termination of employment occurred.

Documents

Dismissal upon expiration of the employment contract involves drawing up and filling out the following documents:

• Employee statement. If the dismissal occurs at their own request, the employee writes a statement two weeks in advance, indicating the reason for his decision. Usually, an article of the Labor Code of the Russian Federation and a paragraph of this article are prescribed.
• Notification to the employer (if the manager takes the initiative in dismissal). The document must be drawn up in 2 copies, registered in the personnel department and contain the reason for dismissal, a request for confirmation of reading this notice must be written and the signature of the dismissed employee must be written.
• Order of dismissal. The document must be prepared on the day of the employee’s dismissal in several copies, one of which remains with the employer with the employee’s signature confirming its familiarization. If for some reason the employee was not familiar with the order, an appropriate note should be made about this.
• The completed work book is handed over to you.

Correct execution of all documents will allow the employer to avoid possible future legal disputes or proceedings with the labor dispute commission.

Work book

It is necessary to make an entry in the work book form after the order is issued. An employee who has stopped working must sign the work record book. By this he confirms that he has received the document and agrees with all the entries. The document is filled out by the manager or authorized person(often this is an HR employee or an accountant). The filling algorithm is discussed below.

• The first column contains a serial number that continues the previous entry.
• The second is the date of dismissal.
• In the third column, it is necessary to indicate the grounds for termination of the employment contract, write down the details of the person who filled out the employment contract, and affix the seal of the organization. Also in this column, the dismissed employee signs that he is familiar with the reason for his dismissal.
• The last column contains information about the document confirming the fact of dismissal.

If an employee has not received his work form, the employer must indicate this fact and send the employee a notification that he needs to pick up the document. If after this there is no reaction from the employee, then the work report is sent by mail to physical address residence specified in the documents.

Payments

In addition to receiving all the necessary documents, the employee on the day of dismissal must receive all due payments. If an employee, then he receives payments as soon as he returns to work. If the employee disagrees with the payments provided, those funds that are not disputed must be paid. Other issues are resolved through the courts.

A resigning employee is entitled to the following monetary compensation:

• salary for all the time that he actually worked in the month of dismissal;
• monetary compensation for all vacations not taken;
• severance pay (if required by law).

There are grounds (for example, liquidation of the company) under which a fixed-term employment contract was terminated, providing for certain compensation. Compensation for dismissal under a fixed-term employment contract provides for the following payments:

• compensation wages in a few months;
• compensation for vacation upon dismissal (provided that the employee did not rest on the days allotted to him before dismissal).

Preferential categories

When drawing up and signing a fixed-term contract, you need to remember that there are some that are not covered by general conditions such an agreement.

When dismissing pregnant women or mothers with children working under a fixed-term contract, there are some nuances:

• A woman in a position can be fired either if the organization is completely liquidated, or if the work involved replacing a temporarily unemployed employee who has assumed his duties. In other cases, a pregnant woman can be fired only after pregnancy and childbirth.
• The organization has the right to require confirmation of her status from the woman throughout her pregnancy.
• If the term of the employment contract has expired while the woman is pregnant, the employer must, at the request of the employee, as well as after she provides medical document extend the term of the employment contract until the end of pregnancy or maternity leave.
• If after giving birth a woman continues to work, the employer can, in agreement, terminate her employment contract within a week.
• At the initiative of the employer, an employment contract cannot be terminated with a woman who has children under 3 years of age, a mother who is raising disabled children who have not reached the age of majority, or children under 14 years of age.
• A fixed-term employment contract of the Labor Code of the Russian Federation does not allow termination by the employer if the employee is the breadwinner or guardian of a child under three years of age or a disabled person under 18 years of age in a family with three or more children and the second parent does not work.

An employment agreement (contract) with employees is terminated only on the grounds provided for by law. An employer cannot fire an employee on frivolous grounds, and an employee does not have the right to leave work without good reason.

The procedure for voluntarily dismissal under a fixed-term employment contract

The Labor Code and other laws provide grounds for termination of an employment agreement (contract). In paragraph 3 of Art. 35 of the Labor Code provides that the employee’s own desire may serve as the basis for termination of an employment contract. Can any employment contract be terminated at the employee’s own request? Article 40 of the Labor Code determines, in particular, that an employee has the right to terminate an employment contract concluded for an indefinite period by notifying the employer in writing one month in advance. From the content of the above norm it can be seen that an employee can resign at his own request only if the employment contract is concluded for an indefinite period. If a contract or a fixed-term employment contract of another type is concluded with an employee, then such employment contracts cannot be terminated at the employee’s own request. They can be terminated by agreement of the parties, at the request of the employee, at the initiative of the employer, or on other grounds determined by law.

One of the rules for voluntary dismissal is the employee’s obligation to notify the employer of dismissal in writing one month in advance. The purpose of such a warning is to give the employer the opportunity to find a new employee, and the person resigning of his own free will to confirm his will. At the same time, the legislator allows that an application for resignation at his own request can be submitted by an employee not only during his work, but also during absence from work for good reasons (vacation, illness, performance of government and public duties, business trip, etc.). The one-month warning period is calendar and begins the next day after the calendar date of filing the application. For example, on October 10, 2005, the employee contacted the employer with a statement of resignation of his own free will. If the employer, in accordance with the rules for registering incoming correspondence, registered the specified application on October 10, then in this particular case the month period begins on October 11 and ends on November 10, 2005, and therefore, on the last day of work (November 10), the employer is obliged to issue an order to dismissal of an employee under Art. 40 of the Labor Code, issue him a work book with the corresponding entry and make the final payment.

Moreover, if the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day. The legal significance of a notice of dismissal is that during the notice period, none of the parties (employer, employee) has the right to unilaterally terminate the employment contract. For example, if an employer dismisses an employee before the expiration of the one-month notice period and the employee challenges such dismissal, then the court will declare such dismissal illegal. An example from judicial practice.

L. filed a claim in court for reinstatement at her previous place of work, indicating that on October 21, 2004, she submitted a letter of resignation from her job of her own free will.

On October 25, she changed her mind and filed an application addressed to her manager to withdraw her resignation letter. Since the head of the HR department refused to accept her application, she sent the application to the employer's address by registered mail. Despite the fact that the HR department was aware of the withdrawal of the resignation letter, on October 25, 2004, an order was signed to dismiss L. from work under Art. 40 TK. L. considers the dismissal illegal, since she did not give consent to shorten the one-month notice period and, moreover, she refused to terminate her employment relationship with the employer, which she notified him of in writing.

Since the plaintiff’s arguments were confirmed in court hearing, the court concluded that the plaintiff was dismissed by the employer without legal grounds. In accordance with Part 3 of Art. 40 Labor Code L. has the right to withdraw his resignation in writing at any time before the expiration of the warning period. The employer did not have the right to issue an order before the expiration of a month from the date of warning. At the court hearing, the plaintiff changed her claims and refused to be reinstated, believing that the employer would treat her biasedly, since he lost the case. In such a situation, the court considered it appropriate in accordance with Part 2 of Art. 243 of the Labor Code, with the consent of the plaintiff, impose on the employer the obligation to pay L. compensation in the amount of ten times the average monthly salary. In addition, at the request of the plaintiff on the basis of Art. 246 of the Labor Code, the court made a decision on compensation moral damage. According to Part 2 of Art. 40 of the Labor Code, an employment contract can be terminated at the employee’s own request and before the expiration of the one-month notice period, if there is an agreement on this between the employee and the employer, as well as in cases provided for in the collective agreement. Consequently, the legislator allows that the parties, by their written agreement, can determine a shorter warning period.

For example, if an employee submitted a resignation letter on October 5, 2005 and asked to be dismissed on October 20, 2005, and the employer, on the employee’s application, made a resolution agreeing to dismissal on October 20, then this indicates a reduction in the monthly notice period under the agreement sides At the same time, the employer has the right to refuse to reduce the monthly notice period by making a resolution that he agrees to dismissal after the expiration of the month. In this case, the employee, unless he changed his decision and did not withdraw his resignation, is obliged to work for the one-month period established by law. If the employee leaves work without good reason before the expiration of the notice period, then he will thereby commit absenteeism, and the employer has the right to fire him not of his own free will, but for absenteeism. Collective agreements may establish other (less than one month) notice periods both for a specific category of workers and for all workers without exception. For example, collective agreements may establish a two-week notice period for voluntary dismissal for single mothers, evening and part-time students, etc.

As already noted, the employee has the right to withdraw his resignation at any time before the expiration of the notice period (including a shortened period). To do this, he just needs to submit a written application to the employer to withdraw his resignation letter. Dismissal in this case is not permitted. If the employee has not withdrawn his application in writing, then the employer is obliged to dismiss him on the last day of work in accordance with the rules established by labor legislation. Let us illustrate this conclusion with the following example.

Z. filed a lawsuit for reinstatement at her previous place of work, recovery of wages for the period of forced absence and recovery of 1 million rubles. for compensation for moral damage, indicating in the statement that the employer fired her from her job at her own request illegally, since she changed her mind about quitting.

At the court hearing, it was established that Z. submitted a letter of resignation of her own free will due to the fact that she was transferred to another workplace in another workshop. After working for a month, the plaintiff got used to it and wanted to continue working. The plaintiff explained that she did not submit a written statement to withdraw her resignation of her own free will, hoping that she would continue working and that would be enough. On the last day of work, after the expiration of a month from the date of warning, the employer issued an order to dismiss Z. under Art. 40 of the Labor Code, properly completed her work book and made the final payment. Since Z. did not withdraw her resignation in writing, the court rightly recognized her dismissal as legal and rejected Z.’s claim for reinstatement at her previous place of work, recovery of wages and compensation for moral damages.

In the above example, the employment contract could have been continued only if the employer had not issued an order to dismiss Z. Directing judicial practice, the Plenum Supreme Court of the Republic of Belarus in Resolution No. 2 of March 29, 2001 “On some issues of the application of labor legislation by courts” (hereinafter referred to as the Resolution) explained that if, after the expiration of the notice period, the employment contract was not terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued (clause 21). At the same time, if during the warning period another employee is invited to take the place of the resigning employee, who, in accordance with the law, cannot be refused to conclude an employment contract, then the employee’s refusal is not accepted and the latter is subject to dismissal at his own request (Part 3 of Article 40 TK). Employees who cannot be refused to enter into an employment contract include, in particular, persons: those invited to work in writing by way of transfer from one employer to another as agreed between them; arrived to work in accordance with the employer’s application or concluded contract after graduation; arrived to work after graduating from state educational institutions in the direction (Article 16 of the Labor Code, Article 10 of the Law on Employment). Dismissal at will will be legal if filing a resignation letter is a voluntary expression of the employee’s will. In judicial practice, attention is constantly drawn to this circumstance. There are cases when the employee’s will to resign at his own request is absent.

Let us illustrate this conclusion with the following example.

The court of first instance satisfied S.'s request for reinstatement at work, indicating in the decision that during the period of writing the application for resignation of his own free will, S.'s will was not free. When considering the case, the court found that on September 12, 2005, S. filed a letter of resignation of her own free will. According to witnesses, on the day the application was submitted, S. was in an excited state (she was nervous, showed dissatisfaction with her work, and threatened the employer with violence). On the same day, September 12, S. was dismissed from her job at her own request. In the period from September 13 to October 3, S. was treated at a psychoneurological dispensary. According to the expert opinion, on September 12, S. was in a state of exacerbation of a chronic mental illness and could not understand the meaning of her actions and correctly manage them. Having assessed the evidence presented, the court came to the correct conclusion that when the plaintiff wrote her resignation letter of her own free will, her will was not free, and therefore she was subject to reinstatement at her previous place of work. Of course, the employer’s arguments that S., for health reasons, cannot perform work under the employment contract deserve attention, however, these arguments do not constitute grounds for recognizing voluntary dismissal as legal. If the work performed is contraindicated for S. due to health reasons, then the employer has the right to dismiss her under clause 2 of Art. 42 of the Labor Code (inconsistency of the employee with the position held or the work performed due to a health condition that prevents the continuation of this work).

In judicial practice, there are cases when, for example, the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will. If the employer forced the employee to submit a resignation letter, then such dismissal is recognized by the judicial authorities as illegal. To avoid miscarriages of justice and for the purpose of uniform and correct application provisions of labor legislation, the Plenum of the Supreme Court in the said Resolution explained that if the plaintiff claims that the application for dismissal was submitted under the threat of his dismissal for guilty actions, then upon establishing that he actually committed such actions and the employer had grounds for dismissing the plaintiff, filing a resignation letter of one’s own free will cannot be considered forced (clause 21). The following example is typical.

Having considered the case regarding K.’s claim for reinstatement at work, the court rejected her claim, citing the refusal that filing a resignation letter of her own free will cannot be considered forced. The court found that the plaintiff committed violations of labor and production discipline during her work, and that before submitting her resignation, she was absent from the workplace (November 4) without good reason for more than three hours. On November 6, K. submitted her resignation and asked to be fired on November 6. On the same day, the employer issued an order to dismiss K. at his own request. Since the court hearing confirmed the fact that the employer had grounds for bringing K. to disciplinary liability up to and including dismissal (clause 5 of Article 42 of the Labor Code), the court came to the correct conclusion that legal actions the employer on the possible application of disciplinary measures against the violator labor discipline cannot be regarded as coercion to submit a resignation letter of one's own free will. Filing the application was a voluntary expression of the plaintiff’s will in order to avoid the negative consequences of disciplinary measures.

According to Part 4 of Art. 40 of the Labor Code in the presence of circumstances that exclude or significantly complicate the continuation of work (health status, retirement age, radioactive contamination territories and other cases), as well as in cases of violation by the employer of labor legislation, a collective agreement, an agreement, an employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Commenting on this provision, we note that although the legislator obliges the employer to dismiss the employee at his own request within the period specified in the application, he does not provide an exhaustive list of circumstances that exclude or significantly complicate the continuation of work, which sometimes leads to conflict situations. As a rule, such circumstances include not only the health status of the employee himself, but also the health status of family members, the need to care for them, enrollment in educational institution with separation from production, moving to another permanent place of residence, transfer of husband (wife) to another job in another locality etc.

An employee's being on vacation, as well as his temporary disability, is not an obstacle to terminating an employment contract at his own request. However, in some cases, for voluntary dismissal, it is necessary to obtain the consent of the competent authorities. For example, in paragraph 3 of Art. 38 of the Criminal Executive Code of the Republic of Belarus stipulates that during the period of serving correctional labor, convicts are prohibited from resigning at their own request without the written permission of the penal inspection. Permission may be issued after checking the grounds for termination of the employment contract. Refusal to issue such a permit must be motivated. The employee can appeal the decision to refuse in court. Thus, in order to protect the interests of both the employee and the employer, the legislator has established certain rules for terminating an employment contract at the request of the employee.

Lawyer information

Bazhanov Evgeniy Valentinovich

License to practice law No. 02240/965.

Place of work: legal advice No. 2 Frunzensky district of Minsk

Minsk, Pushkin Ave., 62, office. No. 3

Contacts
+375333050023
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[email protected]

Should we notify an employee of dismissal if he works under a fixed-term contract, or does the contract terminate automatically when it expires?

“Personnel Department”, 2008, N 5

Question: Should we notify an employee of dismissal if he works under a fixed-term contract, or does the contract terminate automatically when it expires?

Answer: A fixed-term employment contract is terminated upon expiration of its validity period, of which the employee must be notified in writing at least 3 calendar days before dismissal in accordance with Art. 79 Labor Code of the Russian Federation.

It happens that the parties do not require termination of a fixed-term employment contract and then the employment relationship continues. That is, if the employee is not fired on the day the employment contract expires, the contract will be considered concluded for an indefinite period on the same terms, after which the employer will be able to dismiss such an employee only by common grounds. Upon dismissal for any reason, the organization must issue an order to terminate (terminate) the employment contract in the unified form N T-8<1>. This order provides two lines to indicate the grounds for dismissal. One indicates the reason for termination of the employment contract in strict accordance with the wording of the article Labor Code(Part 5 of Article 84.1), according to which the employee is dismissed. In the other - the document on the basis of which the order was drawn up. In the event of termination of an employment contract due to the expiration of its validity period, sometimes questions arise when filling out this line. It is not clear which document to link to. Many workers personnel services they take a resignation letter from the employee and make a reference to it in the order. But this is not true. No statements are needed. IN State Inspectorate labor for Nizhny Novgorod region explained: the order to dismiss a “conscript” contains the number and date of the notice of termination of the employment contract, which the organization must send to the employee.

———————————
<1>Approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment.”

By the way, it is not always necessary to notify an employee working under a fixed-term employment contract in advance about its termination. In Art. 79 of the Labor Code of the Russian Federation specifies an exception - cases when a fixed-term contract is concluded during the absence of another employee (for example, during maternity leave). Remember that a company that has entered into a fixed-term employment contract needs to monitor its expiration date.

How to avoid mistakes when dismissing under a fixed-term employment contract?

If the period has expired, but neither the company nor the employee demanded termination of the contract, it automatically becomes indefinite (Part 4 of Article 58 of the Labor Code of the Russian Federation, Letter of Rostrud dated November 20, 2006 N 1904-6-1).

T.V.Shadrina
Magazine editor
“HR Department”

Signed for seal
22.10.2008

Today I would like to draw your attention to what is, in my opinion, an important question: “In what case is it necessary to serve a notice of termination of a fixed-term employment contract?”

Notice of termination of an employment contract

Termination of a fixed-term employment contract occurs due to the expiration of its validity period, of which the employee must be notified in writing at least three calendar days before dismissal.
Labor legislation does not regulate the procedure for informing an employee about the expiration of a fixed-term employment contract. The notification can be delivered personally against signature, or sent by mail. In order to avoid legal disputes and the prospect of declaring the dismissal illegal, the employer, in confirmation of the fact that the notice was sent by mail, should draw up an inventory of the attachment indicating the name of the attached document.
However, an employee hired to perform the duties of an absent employee does not need to be warned about the upcoming dismissal.

How to terminate a fixed-term employment contract

This follows from the provision of Article 79 of the Labor Code of the Russian Federation:

The employee must be notified in writing of the termination of an employment contract due to its expiration at least three calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

Because unified form This document is not available, I offer you a sample notice of termination of a fixed-term employment contract.

Society with limited
responsibility of "Alpha"
legal department specialist
A.B. Khrustaleva

NOTIFICATION
07.07.2017 № 1

On termination of an employment contract

Dear Anna Borisovna!
We warn you that on July 10, 2017, the employment contract dated August 17, 2016 No. 32/13, concluded with you, will be terminated on the grounds provided for in paragraph 2 of part one of Article 77 of the Labor Code Russian Federation(expiration of the employment contract).

Director:

K.M. Bezrukov

The notice has been read and a copy has been received:
legal department specialist:

A.B. Khrustaleva
07.07.2017

Hiring for temporary work and dismissal.

When applying for such a job, the employee presents to the employer on a general basis all necessary documents, named in Art. 65 Labor Code of the Russian Federation.

When concluding an employment contract, except mandatory conditions, provided for in Art. 57 of the Labor Code of the Russian Federation, it should be noted that the employment relationship is temporary in nature, indicate the validity period of the contract and the reasons for its conclusion, for example: “An employee is hired for a temporary job as an “auditor assistant” to conduct an audit of accounting documentation for two months. The contract period is from 10.10.2011 to 09.12.2011.” An employment order is issued on the basis of a fixed-term employment contract.

The instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69, do not provide for making an entry in the work book about the urgent nature of the concluded employment contract. And according to clause 3.1 of these instructions, when hiring, in column 3 of the employee’s work book, an entry is made about acceptance or appointment to a structural unit of the organization, indicating its specific name (if the condition is to work in a specific structural unit included in the employment contract), the name of the position (work), specialty, profession indicating qualifications. The entry will look like this: “Admitted to the accounting department as an assistant auditor.”

Do not forget that when hiring temporary workers for a period of up to two months, they are not subject to a probationary period (Article 289 of the Labor Code of the Russian Federation).

Regarding the dismissal of a temporary employee, the conditions for termination of a fixed-term employment contract are established in Art. 79 Labor Code of the Russian Federation. In this case, it will terminate upon expiration of its validity period. At least three days before, the employee must be notified of the termination of the employment contract on the above grounds. Upon dismissal, the following entry is made in the work book: “The employment contract was terminated due to the expiration of its validity period, paragraph 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

If the employee, after the expiration of the two-month term of the fixed-term employment contract, actually continues to work and the employer did not demand termination of the employment relationship due to the expiration of the contract, then it is considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation).

Let us remind you that a temporary employee has the right to paid leave at the rate of two working days per month of work. If an employee does not take a vacation, he is paid compensation upon dismissal (Article 291 of the Labor Code of the Russian Federation).

Extend or renew a fixed-term employment contract.

We hired an employee under a fixed-term employment contract valid for two years for the duration of the duties of an employee on a long business trip abroad. But the duration of the business trip has increased. Is it possible to extend a fixed-term employment contract or is it better to enter into a new one?

The Labor Code does not provide for the extension of a fixed-term employment contract, with the exception of two cases:

• expiration of a fixed-term employment contract during a woman’s pregnancy, when the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation);
• election of an employee through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract. Then a new employment contract may not be concluded. And in this case, the validity of a fixed-term employment contract with an employee is extended by agreement of the parties, concluded in writing, for a certain period (no more than five years) or for an indefinite period (Part 8 of Article 332 of the Labor Code of the Russian Federation).

As for the conclusion of a new fixed-term employment contract, in accordance with paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” when establishing during the trial the fact of multiple conclusions of fixed-term employment contracts for a short period for the fulfillment of one and the same labor function The court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period.

There are several opinions on how to deal with such situations. Some experts believe that extending an employment contract for new term is not allowed, and if the parties intend to continue the employment relationship after the expiration of the contract, they must terminate the current employment contract and enter into a new one for the same or a different period.

On the other hand, the Labor Code, while establishing the possibility of making any changes to an employment contract (Article 72), does not specify whether it is fixed-term or indefinite. Rostrud also believes that before the expiration of the employment contract, changes can be made to it by drawing up and signing the appropriate agreement (see Letter dated October 31, 2007 No. 4413-6).

We adhere to the second point of view - it is permissible to extend a fixed-term employment contract in certain circumstances, for example, when an employee was hired to perform a clearly defined job and its completion cannot be determined by a specific date, or when an absent employee, whose job is retained, is unable to return to deadline. But the contract can be extended for no more than five years (Article 58 of the Labor Code of the Russian Federation). Otherwise, a new agreement must be concluded.

In the situation described in the question, you can enter into an additional agreement, but it is more advisable not to extend the validity period of the contract, but to change the condition on its validity period to the following: “The contract is concluded for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation, a position is retained work."

Retrenchment of an employee working under a fixed-term employment contract.

The employer of our organization has decided to reduce staff.

Features of dismissal under a fixed-term employment contract

An employee working under a fixed-term employment contract instead of an employee who is on maternity leave for up to three years is eligible for layoffs. Can we shorten it?

The Labor Code provides for early termination of a fixed-term employment contract on the general grounds provided for in Art. 77 of the Labor Code of the Russian Federation, at the initiative of the employer in accordance with Art. 81 of the Labor Code of the Russian Federation and at the request of the employee under Art. 80 Labor Code of the Russian Federation.

One of the grounds for termination of an employment contract at the initiative of the employer is a reduction in the number or staff of the organization’s employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). The employer must notify employees about this two months in advance and pay them severance pay. An exception is made for employees with whom fixed-term contracts have been concluded for the duration of seasonal work or for a period of up to two months: when reducing the number or staff of an organization’s employees, the employer is obliged to warn seasonal workers about the upcoming reduction seven calendar days in advance, and employees who have entered into a contract for a period of up to two months , - in three days (Articles 292, 293 of the Labor Code of the Russian Federation). In addition, seasonal workers are paid severance pay in the amount of two weeks' average earnings (Article 296 of the Labor Code of the Russian Federation).

According to Art. 256 of the Labor Code of the Russian Federation, for the period of parental leave until the child reaches the age of three years, the employee retains his place of work (position). Women who have children under three years of age, single mothers raising a child under 14 years of age (a disabled child under 18 years of age), and other persons raising children without a mother cannot be fired at the initiative of the employer. The exception is the liquidation of the organization and the grounds listed in clauses 1, 5 - 8, 10, 11, part 1, article 81 of the Labor Code of the Russian Federation.

As for a conscript employee, you can dismiss him at the initiative of the employer on general grounds: absenteeism, showing up at work while intoxicated, or other disciplinary action. You can offer the employee to terminate the employment contract by agreement of the parties, with payment of compensation. But you are obliged to reserve a place (position) for an employee who is on maternity leave for a child under three years of age.

For what period is a fixed-term employment contract concluded and features of the document?

Today, it is a common practice to conclude an employment contract when hiring personnel. Such a document allows you to agree on the responsibilities and rights of the employee and his employer, and establish the procedure for remuneration. There are several types of employment contracts.

Below are issues directly related to the procedure for concluding a fixed-term employment contract and the specifics of its validity period. Since the temporary nature of agreements between the parties does not guarantee stability, this document raises many questions among citizens.

Main components of an employment contract

An employment contract will ensure that the employee respects his rights

Each employment contract includes a number of mandatory points:

1. Deadlines for starting work.
2. Name of position, profession, qualification level.
3. Where will the work be carried out?
4. Rights, responsibilities groan.
5. Description of the characteristics of work, compensation in the presence of difficult conditions.
6. Payment procedure.
7. When will the employee be given rest, when should work begin and end?
8. Characteristics of social insurance.

If one of the listed points is missing, the contract is said to have been drawn up with violations.

The main property of a fixed-term employment contract is that it is concluded for a certain period; when the specified period passes, the employment relationship ends. This type a contract is concluded if it is not possible to hire an employee on a permanent basis or there is no such need.

This often happens when performing work that is seasonal in nature, or in cases where a limited amount of work needs to be completed. There is no minimum time period for a fixed-term contract; the duration is limited to 5 years.

To perform labor responsibilities Under a fixed-term contract, any workers with the required level of qualifications are used. To prevent a fixed-term contract from becoming a violation, you need to know in what situations it is possible to conclude it.

Everything about dismissal under a fixed-term employment contract at your own request

The following are the moments when the type of work requires the preparation of fixed-term contracts:

• If on execution professional responsibilities does not take more than 2 months.
• If a team member is temporarily unable to begin performing duties, and it is impossible to replace him with other team members.
• If the employee works abroad.
• When operating a temporary organization.
• If necessary, ensure the performance of work that does not correspond to the general profile of the enterprise.
• To complete specific tasks within a limited period.
• During an internship.
• When employing a person referred by the employment service.
• When employed as an alternative civil service.
• Other cases that do not contradict current laws.

The employment contract should be studied very carefully

The restrictions mentioned above are not a significant obstacle to signing a fixed-term contract. This method of formalizing labor relations is very widespread.

This list can be expanded to include situations where an agreement is signed by agreement of the parties. They can be like this:

1. Hiring pensioners. If a person works on a permanent basis, then reaching retirement age is not considered a legal reason for transferring him to a fixed-term contract.
2. Employment for people with disabilities who, by law, have only temporary employment opportunities. In this case, a medical report drawn up in accordance with the requirements of current legislation is attached.
3. Employment in small business companies. In this case, the total number employees there should not be more than 20 people.
4. Place of work - the Far North or regions with a similar status.
5. When hired to eliminate the consequences of disasters and emergencies.
6. Upon admission to a place on a competitive basis.
7. When employing creative workers and athletes.
8. Hiring managers, deputies, chief accountants, the type of enterprise does not matter, nor does the form of ownership.
9. Part-time reception.

Fixed-term employment contract: sample

In contracts of this type, data similar to the unlimited option is recorded. The document must contain the following:

1. Full name of the person, his data;
2. information about the organization;
3. date, place of conclusion of the contract;
4. place of performance of duties;
5. all basic functions of the employee;
6. payment features;
7. information about the employee who is hiring;
8. characteristics of social insurance;
9. additional information about the nature of the work and special conditions.

In addition to the information listed above, the fixed-term contract also includes the following:

• description of the reason that became the basis for this method hiring;
• validity period (both a temporary designation and an indication of the implementation of specific amounts of work);
• when hired for a period of 2 months - six months - possibility probationary period at 2 weeks; for other terms of employment, the probationary period is made standard;
• when hiring for temporary work - a description of the types of activities, expiration dates of the contract (no more than 2 months);
• to fill out an order, take form T-1, T-1a, in which lines “from” and “to” are filled out in detail, and the latter must contain all the specific information;
• The work book is drawn up in the usual way; at the end of the contract, it is written: “... in connection with the expiration of the employment contract.”

Termination of a fixed-term contract occurs according to the specified date

The termination of a fixed-term contract is said to occur when the specified period ends. The wishes of the parties do not matter, but formally the employee or employer must express their intention to terminate the relationship.

Moreover, the dismissal takes place without payment of compensation. The only exception is compensation for vacation. The dismissal procedure itself under such circumstances is extremely simple. By law, the time frame of the contract varies up to 5 years. The document does not stipulate the terms of the work activity or its validity period is more than 5 years - it is considered unlimited.

All other time frames for drawing up a fixed-term contract only affect the procedure for establishing a probationary period. We can name other cases when a fixed-term contract begins to be considered unlimited.

If the audit reveals violations related to the impossibility of concluding a fixed-term contract, it begins to be considered unlimited.

When extended for another term, because the Labor Code does not provide for the extension of a fixed-term contract. There is only one exception: if a woman whose employment contract has ended writes a statement and indicates that she is pregnant. In this situation, the contract is extended until the full expiration of the maternity leave period.

When violations are established that were committed by management in order to save on providing the employee with the necessary rights and guarantees usual for employment. An urgent option can be converted into an indefinite one, if there is the will of both parties.

Features of termination of a fixed-term contract

A fixed-term contract can be converted into an open-ended one

To terminate a fixed-term contract in compliance with all formalities, you must take care of the following:

1. When the validity period expires, the contract is terminated or issued for an indefinite period.
2. The reasons must be given.
3. The employee is notified of the termination of the contract no later than 3 days before the date. For this purpose a written notice is provided.
4. Basic requirements for written notification: full name, terms, full name of the organization, reasons that became the basis for termination of the contract. The form doesn't matter.
5. You can terminate the document earlier than the deadline specified in the document.
6. If an employee is hired for a permanent position after a fixed-term contract, dismissal is not required.
7. If a woman carrying a child works under a fixed-term contract, she remains employed in this position until the end of maternity leave. She cannot be fired before this date. However, there are exceptions here too. If this woman is hired during the employee’s absence, and he returns to his previous position, then the pregnant woman is offered another position. If there is no vacant position suitable for her qualifications and health characteristics, then the contract is terminated.
8. If the contract period has expired, the employee has no right to insist on further work at this place. Management, in turn, cannot retain an employee or prevent his dismissal.
9. If the agreements have expired, the employee notified the employer that he was stopping work, worked the last scheduled day and did not come back, this cannot be designated as absenteeism.
10. Work and rest schedule.

The video material will familiarize you with the specifics of drawing up a fixed-term employment contract.

the employer needs to decide whether to keep the employee as a permanent staff member or wisely part with him. Dismissal at the end of the employment contract occurs in a certain order, non-compliance with which can turn a contract concluded for a certain period into an open-ended document.

Dismissal under a fixed-term contract: we arrange it on time

The state does not encourage working under fixed-term employment contracts. A number of restrictions have been introduced regarding the temporary relationship between an employee and an employer. In particular, the law allows hiring workers for a certain period only in strictly defined cases listed in Article 59 of the Labor Code.

Dismissal under a fixed-term employment contract is discussed not only in Article 79 of the Labor Code, which is entirely devoted to this procedure. Important information for employers is also contained in Article 58 of the code, which states that if at the time of expiration of the contract no party initiated its termination, it is considered concluded for an unlimited period. For the employer, this means that if he does not formalize his dismissal on time under a fixed-term contract (in accordance with the established procedure), then instead of a temporary employee he will receive a permanent member. labor collective. Knowing the content of Article 58 of the Labor Code, the employee will be able to defend his rights in court.

The procedure for dismissal under a fixed-term employment contract

Article 79 of the Labor Code establishes the following procedure for terminating an employment contract concluded for a certain period:

1. Three calendar days before the upcoming dismissal, the organization sends the employee a written warning of dismissal under a fixed-term employment contract. It is drawn up in two copies, since one of them remains with the employer - with the signature of the employee that he received the notification and when exactly. The day of dismissal of conscript workers is:

• or the expiration date of the contract specified in the document itself;
• or the day of completion of a certain job, if the person was registered to perform it;
• or the end date of the season, if we are talking about a seasonal worker;
• or the date of departure of the absent subordinate whom he replaced temporary employee(in this case there is no need to warn him about dismissal).

1. The upcoming dismissal of an employee under a fixed-term employment contract is recorded in an order specially issued by the employer. It states that the contract is terminated on the basis of paragraph 2 of Art. 77 of the Labor Code, that is, in connection with the expiration of the contract. As a documentary basis, the corresponding clause of the contract with the employee is included in the order, which states its expiration date, and the details of the written warning.
2. The temporary worker puts his signature and date of review on the order.
3. On the day of dismissal, the employer pays the employee in full. They return his work book, where a record is made of when he was fired and on what basis (the basis is the same as in the previously issued order). The same mark is made on the personal card of the dismissed employee.

In addition to the return of the work book, dismissal at the end of a fixed-term employment contract is accompanied by the issuance of other documents stored by the employer. At the request of the employee, the organization is obliged to prepare other documentation related to work in this place - certificates of salary, length of service, etc. (Article 62 of the Labor Code).

Special situations

The procedure for dismissing a fixed-term employee in a standard situation was discussed above. But in some cases the procedure will be slightly different.

Fixed-term employment contract: dismissal at will

Situations are common when an employee wants to change jobs without waiting for the expiration of the employment contract. The law does not limit him in this. But then the termination of employment relations occurs not according to Article 79 of the Labor Code, but according to Article 80, which regulates dismissal at the initiative of the employee.

Fixed-term employment contract - working off upon dismissal

A fixed-term employee resigning on his own initiative is subject to the obligation to give two weeks’ notice of his resignation. Only an agreement with the employer who agrees to terminate the employment contract without working off can relieve him of compliance with this rule.

Dismissal of a temporary worker at his own request also provides the opportunity to change his mind and withdraw his application if another person has not yet been invited to take his place.

Termination of contract with maternity leaver

The Labor Code does not allow the dismissal of a temporary employee who is on maternity leave due to the expiration of the employment contract, except in cases of liquidation of the company (Article 261). The same rule applies to a pregnant woman. But to do this, she must confirm the fact of pregnancy with a medical certificate, and provide it in the future upon request to the employer - no more than once every three months. The term of the contract is extended until the end of the pregnancy period, and if the contract ended during maternity leave - until its expiration (upon the written application of the employee). It is possible to fire a pregnant conscript employee if the contract was concluded for the period of absence of another employee, and she refused to move to another job offered by the employer before the end of her pregnancy.

A fixed-term contract is concluded for a certain period of time or until the occurrence of an event, for example, the departure of an absent employee. Whether it is necessary to write a letter of resignation under a fixed-term employment contract depends on the reasons for its termination and from whose side the initiative comes.

Reasons for dismissal

Among the main reasons for termination of urgent labor agreement worth highlighting:

• fulfillment of the conditions specified in the employment contract under which it is terminated. For example, exit permanent employee, in whose place a new person was temporarily hired;
• performing the work for which the person was hired;
• mutual agreement between the parties;
• initiative of one of the parties.

Dismissal is also provided upon expiration of the specified period. In this situation, if the parties do not insist on severing the employment relationship, then the fixed-term contract is transferred to the status of an open-ended one, which eliminates the need for dismissal.

At the initiative of the employee

The initiator of termination of the employment relationship may be the employee himself. Among the most popular reasons are:

• impossibility of further performance of duties due to illness or disability;
• serious illness, including that of a third party;
• violation by the manager of the obligations specified both in the employment contract and in the Labor Code of the Russian Federation;
• change of place of residence;
• victory in the competition for an elected position.

The employee is obliged to notify the manager in advance of his desire by sending a written notice. By agreement of the parties, the procedure can be carried out earlier than the stipulated period.

If for some reason the manager refuses to terminate a previously concluded contract with an employee, the employee can go to court or the CTS.

Important to know! Labor legislation prohibits dismissing a person on sick leave. The exception is situations with initiative from this person.

At the initiative of the employer

The employer may terminate the contract for the reasons provided for in Article 81 of the Labor Code of the Russian Federation, including due to:

• liquidation of the organization;
• staff reductions;
• discrepancies between the qualifications and skills of the employee and the position he temporarily occupies;
• failure to perform or improper performance of duties assigned to the employee;
• change of owner of the enterprise;
• violations of labor discipline;
• actions on the part of the employee, as a result of which damage was caused to the enterprise;
• immoral behavior of the employee;
• providing false information when signing a contract;
• other reasons provided for by the concluded agreement.

Important to know! Pregnant women can be dismissed only after leaving maternity leave. The contract may be terminated if a pregnant woman was hired to temporarily replace a key worker who returned early.

Sample application

If termination is carried out due to the expiration of the term, then an application is not required. Its role is a notification and an order issued by the employer. However, it is necessary if the employment relationship is terminated earlier than the period specified in the contract at the initiative of the employee himself. The document must be provided to the manager for review:

• 3 days before the date of departure, if the contract was concluded for a period of less than 2 months;
• 2 weeks in other cases.

There is no mandatory form for an application to terminate an employment contract at the legislative level, which allows the employee to draw up a document in any form. If the organization has developed its own application form, then a sample of it must be provided to the employee upon request. The document can be in printed or handwritten form. It must contain information:

• about the full name and address of the organization;
• the full name of the manager in whose name the application is being submitted;
• about the position, full name, address, telephone number of the employee;
• about a request to terminate the contract.

At the end there must be the date the document was drawn up and the employee’s signature. Next, the document must be submitted to the HR department.

Early termination is carried out by agreement of the parties or on the initiative of the employee. In such a situation, the employee’s request can be presented in the following form: “I ask you to terminate the Employment Agreement dated _______. (date of conclusion) No. ____ (number of the concluded agreement) by agreement of the parties _____. (date of desired dismissal) on the basis of _____ (article of the Labor Code of the Russian Federation. When executed by agreement - clause 1, part 1, article 77 and article 78, on the initiative of the employee - clause 3, part 1, article 77 and article 80 of the Labor Code RF)".

Important to know! The employee may at any time before the date of intended dismissal withdraw the application and continue labor activity before the expiration of the contract. The exception is situations when a replacement has already been found. new employee who has been transferred from another organization or has preferential benefits.

Calculation and entry into labor records

On the last day of work the calculation is made. With a fixed-term employment contract, the employer is obliged to pay funds for the period worked and compensation for vacation that was not used. Benefits or other types of compensation are provided only if they were provided for by a collective agreement or other agreement.

An entry in the work book is made on the basis of a dismissal order. It requires indicating the exact reason for termination of the employment relationship with reference to the relevant article. The work certificate is issued in person against a signature in the accounting journal.

A fixed-term contract is subject to termination after the expiration of the term or fulfillment of the specified condition. However, the employment relationship can be terminated at the initiative of the employee. To do this, you need to submit a resignation letter drawn up in accordance with generally accepted standards. This document can be presented as evidence in case of legal proceedings.