Dismissal upon expiration of the employment contract
The employee must be notified in writing of the termination of the labor contract due to its expiration at least three calendar days before dismissal, except in cases where the period of validity of the labor contract concluded during the performance of the duties of the absent employee expires.
The original notification is given to the employee personally, and on the copy of the notification he must put a personal signature with a transcript, as well as indicate the date of receipt of the notification. A copy of the document is filed in the employee’s personal file.
If you refuse to familiarize yourself with the notification, a corresponding act is drawn up.
Termination with a special category of employees
Labor legislation establishes restrictions on the dismissal of certain groups of citizens. These include:
- Pregnant women.
- Persons who have not reached the age of majority and are not recognized as fully capable.
- Women who have a child under 3 years of age in their care.
- A single parent raising a child under 14 years of age or a disabled minor.
If the initiator of dismissal is the employee himself or it is by mutual agreement, the standard procedure is applied. There are some features of termination at the initiative of the employer.
The presence of minor children of an employee is not an obstacle to terminating a fixed-term contract when its term has expired. For example, if a woman with a 2.5-year-old child replaced an absent employee who returned to perform his duties, she should be fired on the day the replaced employee returns, because the contract expires automatically. But on the initiative of the employer, for example, such a category of citizens cannot be fired for absenteeism.
When terminating a contract with minors, the employer should first seek permission from the State Labor Inspectorate and the Commission on Minors' Affairs. If a citizen under 18 years of age resigns on his own initiative, the standard procedure is used.
The hardest thing to fire is a pregnant woman. If such a situation arises, it will be necessary to extend the fixed-term contract until the end of pregnancy or maternity leave (Article 261 of the Labor Code of the Russian Federation). First, the head of the structure must formulate a new Order, and attach an additional agreement indicating the new terms to the text of the contract.
Such an employee is required to submit a pregnancy certificate to the HR department every quarter. Plus, to extend the contract, she will need a written application. If an employee decides to go on maternity leave after giving birth, the fixed-term contract can be terminated when the child reaches 1.5 years of age.
When hiring a pregnant woman to replace an employee on maternity leave, if the latter returns to fulfill her professional duties, the pregnant woman is given a choice of other positions within the enterprise. If you refuse to transfer, the contract is terminated.
Expiration of a fixed-term employment contract to perform work
The dismissal procedure after the expiration of the employment contract concluded for the duration of the specific work begins with the preparation of an act of acceptance of work performed according to the STD. This is the basis for termination.
To do this, you can use the act of the unified form No. T-73, approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for the accounting of labor and its payment.” However, the use of this form is not mandatory. The parties can draw up an act in free form.
The act is drawn up in two identical copies. The employer's copy is filed in the employee's personal file. The expiration date of the STD will be the day following the date of issue of the act.
Grounds for termination
If you need to terminate a fixed-term contract, you can resort to the general grounds contained in Art. 77 Labor Code of the Russian Federation. And also for the reasons specified in Art. 78 of the Labor Code of the Russian Federation, characteristic only for this type of agreement.
Whatever type of contract it is, it is terminated if:
- The employee and employer came to a mutual agreement.
- The employee decided to resign voluntarily.
- There is an employer initiative.
- There is an agreement between the employer and the employee to transfer the latter to work for another employer.
- The employee refused to continue the employment relationship due to changes in working conditions fixed by the employment contract or due to a change of owner.
- The employee refused to be transferred to another position within the enterprise where he works, provided that such a transfer was determined to be necessary by a medical report.
- Circumstances arose without the intervention of the will of both parties.
- The employer moves production to another location, but the employee refuses to move.
Taking into account the peculiarities of a fixed-term employment contract, special grounds are provided for its termination, set out in Art.
79 Labor Code of the Russian Federation. They follow from the conditions of his imprisonment. If the employee carried out labor activities replacing an absent employee, the fixed-term contract is terminated if the latter returns to perform his professional duties. For seasonal work, the contract is terminated when the season ends. The employment agreement is terminated both at the end of the term and ahead of schedule.
Order of dismissal at the end of a fixed-term employment contract
If the STD is terminated after the expiration of the validity period, the employee is dismissed under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation - due to the expiration of the TD period. In this case, an order is issued to terminate (terminate) the trade agreement with the employee (dismissal). The unified form of such an order No. T-8 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. The employee must be familiar with the order (instruction) on dismissal. A copy is filed in the employee’s personal file.
What compensation is due?
Compensation payments are provided for by law in accordance with Article 127 of the Labor Code. The regulatory provisions of this law concern, first of all, compensation for all days of annual leave (if it was not used in the current year), as well as for additional leave spent by women with their children (care leave), if any.
Payments are made in accordance with Articles 278 and 279 of the Labor Code. The employee receives total compensation, including unpaid wages and compensation payments for vacation that they have not yet used in the current year.
And severance pay (an average wage for two weeks) is paid by law only to certain categories of workers (unless otherwise provided for in an individual or collective employment contract). For example, if an employee does not agree with changes to the provisions of the employment contract, does not want to move to work in another area, is called up for military service, or is forced to stop working due to complete disability.
This is important to know: Guarantee for returning shoes to the store under the consumer protection law
The right to revoke this document is present all the time until the expiration of the warning period recorded in the application.
Do you want to resign of your own free will without work? Find out how this can be done by reading our article.
Don’t want to “work off” before you quit? Then the best option for you would be to take a vacation followed by dismissal. How to implement this correctly, read our material.
Extension of a fixed-term employment contract
If neither party requested termination of the STD due to the expiration of its validity period, and the employee continues to work after the expiration of the STD period, it is considered to be concluded for an indefinite period. In this case, changes are made to the TD by concluding an additional agreement. On the contrary, no additional entries are made in the workbook. This position is set out in the Letter of Rostrud dated November 20, 2006 No. 1904-6-1.
The employer must keep in mind that he does not have the right to demand fulfillment of duties after the expiration of the TD period. If he wants to extend the TD, then it is necessary to offer to conclude an additional agreement to the contract. Otherwise, the employee, having worked his last working day, may not go to work, and this will not be considered absenteeism.
What does a fixed-term contract mean?
The main feature of a fixed-term employment contract is its limited duration, which is necessarily indicated in the text itself. The minimum time period is not defined by law. The maximum possible is 5 years.
Upon expiration:
- The contract is being extended. Carrying out the procedure more than once is prohibited. After the first extension, the contract is supposed to be transferred to a permanent basis.
- Transferred to the permanent category.
When determining the grounds for concluding a fixed-term contract, you should refer to Art. 59 of the Labor Code of the Russian Federation, in which they are divided into:
- Unconditional.
- Arising by mutual agreement.
An example of unconditional grounds:
- The need to perform the duties of a temporarily absent employee.
- Involvement in seasonal work.
- Work abroad, if it is related to services that the employer does not normally provide or has a limited period of validity in advance.
- Employment in an organization created to perform a strictly defined amount of work in a limited time period.
Example of grounds by agreement of the parties:
- Signing a contract with a person undergoing full-time training.
- Concluding an agreement with citizens applying for certain leadership positions
- Signing a contract with crew members of sea vessels.
- Participation in the creation or performance of works by persons of creative professions (for example, during the filming of a feature film).
When concluding a fixed-term employment contract, the standard employment procedure is followed. The head of the structure creates an Order for enrollment. A personal card is created for the new employee, and a standard employment record is entered into the work book.
Vacation and compensation upon dismissal
The conclusion of an urgent TD does not change the employer’s obligation to provide annual basic paid leave of 28 calendar days while preserving the place of work and average earnings. In accordance with Article 127 of the Labor Code of the Russian Federation, upon dismissal, monetary compensation is paid for all unused vacations. Wherein:
- Those employed in seasonal work are provided with paid leave at the rate of two working days for each month worked (Article 295 of the Labor Code of the Russian Federation).
- Those who have entered into a labor contract for a period of up to two months are provided with paid leave at the rate of two working days per month worked (Article 291 of the Labor Code of the Russian Federation).
A fixed-term employment contract regulates temporary working relationships.
Such a contract is concluded when the following must be done:
- perform urgent work - seasonal or project;
- eliminate the consequences of the emergency;
- test equipment;
- temporarily replace a full-time employee;
- hire an ill specialist or retiree;
- hire an employee for an elective position or for public work that does not require special qualifications;
- hire a person to work in the Far North with the condition of moving.
Read more about fixed-term employment contracts in our article.
At the initiative of the employee
In order to terminate a fixed-term employment contract at his own request, the employee must submit an application to management 2 weeks before the intended dismissal. The actual date of departure depends on the decision of the parties: it can happen in one day. If there are no additional agreements, by law the employee is considered unemployed on the 14th day after submitting the application.
On the day of dismissal, if he was a worker for the employee, pay him his due salary, compensation for unused vacation, etc. If he was not a worker, pay the employee the next day after the request for payment.
Art. 140 Labor Code of the Russian Federation
At the initiative of the employer
An employer may initiate early termination of an employment contract in the following cases:
- the employee grossly violated the employment contract - came to work drunk, stole something, or otherwise violated trust;
- reduction in the company;
- the owner of the company has changed - he has the right to replace the manager, his deputies and the chief accountant;
- the employee disclosed a secret protected by law - state, commercial, official; or personal data of another employee.
Art. 81 Labor Code of the Russian Federation
The employer is obliged:
In case of liquidation of the company or reduction of staff , notify the employee of dismissal 2 months in advance. With the written consent of the employee, you can terminate the employment contract earlier by paying additional compensation in the amount of average earnings.
If a short-term contract is concluded (up to 2 months), give notice of dismissal three days in advance. In this case, severance pay is not paid unless this is contrary to the contract.
Art. 292 Labor Code of the Russian Federation
If there is a reduction in staff, offer the employee another job. And if it is not there or the employee refuses it, pay severance pay. But you are not obliged to do this if the concluded agreement is contrary to the law due to the fault of the employee. For example, he hid from you that he should not do certain work for health reasons.
Part 3 art. 84 Labor Code of the Russian Federation
At the end of seasonal work, notify the employees employed there of dismissal 7 days in advance.
Part 2–3 art. 296 Labor Code of the Russian Federation FZ-197
In case of litigation , prove the employee’s guilt if he is fired for a serious misconduct.
Clause 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”
