Article 79. Termination of a fixed-term employment contract

Another comment on Art. 79 Labor Code of the Russian Federation

1. In accordance with the law, the expiration of a period is an independent basis for termination of an employment contract.

It should be taken into account that if neither party has demanded termination of a fixed-term employment contract, and the employee continues to work after the expiration of the employment contract, the employment contract is considered concluded for an indefinite period (see Art.

58 of the Labor Code of the Russian Federation and commentary thereto). Consequently, the mere fact of expiration is not enough to terminate the employment contract; this fact must be supplemented by the corresponding expression of will of either the employee or the employer.

At the same time, the legislator introduces additional rules specifying the act of will of the employer aimed at terminating the employment contract: firstly, the employer is obliged to warn about the termination of the contract at least three calendar days before dismissal, and secondly, such a warning must be expressed in writing .

2. The legislator establishes a minimum period before the expiration of which an employer who wishes to terminate an employment contract due to its expiration must notify the employee.

As for the possible maximum warning period, the law does not contain any instructions in this regard. In this regard, in practice, the question arises about the possibility of recording the employer’s warning about the termination of the employment contract due to the expiration of the term in the employment contract itself at the time of its conclusion.

There are no formal restrictions for such a solution to the issue. At the same time, in this case the actual meaning that the legislator had in mind when formulating this rule is significantly distorted.

It is clear that at the time of expiration of the employment contract, many circumstances may arise that are important when the parties decide the issue of its fate, which could not be foreseen at the time the contract was concluded. Therefore, it can be assumed that as long as this legal norm is in effect, judicial practice will be based on the maximum period of notice for termination of an employment contract that is reasonable in these specific conditions.

By virtue of Art. 79 of the Labor Code of the Russian Federation about the termination of an employment contract due to the expiration of the term, the employee must be warned at least three days before dismissal.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Since, taking into account the rules of Art. 58 of the Labor Code of the Russian Federation, the dismissal of an employee on the specified basis cannot be made after the expiration of the contract; the day of dismissal should be considered the day of expiration.

Therefore, in fact, the employee must be notified of the termination of the employment contract no later than three days before the expiration of the employment contract.

3. The law does not establish a form for expressing a warning to an employee by the employer about the upcoming termination of the employment contract.

Such a warning can be issued in the form of a separate document, with which the employee must be familiarized with a receipt, or in the form of an order about the upcoming dismissal, upon reviewing which the employee, in addition to his signature, indicates the date of familiarization with it.

4. By establishing the rule on mandatory advance written warning by the employer of the employee about the termination of the employment contract due to the expiration of its validity period, the legislator does not determine the consequences that may occur in case of failure to comply with this rule (for example, the employer warned the employee about dismissal not three, but two days in advance or warned not in writing, but verbally).

Considering the mandatory nature of the norm in question, it should be considered that its violation by the employer excludes the possibility of terminating the employment contract on the basis of Art. 79 Labor Code of the Russian Federation.

At the same time, since such restrictions are not provided for the other party to the contract, termination of the employment contract due to the expiration of its validity period is possible subject to the appropriate expression of the employee’s will (such an expression of will may be expressed in absence from work). In the absence of expression of will, the consequences provided for in Art.

58 TK, i.e. the validity of the employment contract is considered to be continued for an indefinite period.

5. As a rule, the expiration of the employment contract is associated with the arrival of a certain date, which it is advisable to indicate in the contract.

However, in a number of cases it is impossible to determine the specific expiration date of the employment contract, therefore the moment of its expiration is associated with the occurrence of a certain event. Such events may be the completion of certain work (part.

2 tbsp. 79), return to work of an employee for the period of whose absence a contract was concluded (Part.

3 tbsp. 79), the expiration of a certain season (Part.

4 tbsp. 79 Labor Code of the Russian Federation).

6. If a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged, at her request, to extend the term of the contract until she becomes entitled to maternity leave (see Article 261 of the Labor Code of the Russian Federation and the commentary thereto).

7. In case of dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends beyond the contract term. In this case, the day of dismissal is considered the last day of vacation (see Article 127 of the Labor Code of the Russian Federation and the commentary thereto).

8. It should be borne in mind that the condition on the duration of the employment contract is the same condition as any other that makes up its content (see.

Art. 57 of the Labor Code of the Russian Federation and commentary thereto).

Therefore, termination of an employment contract before the expiration of the term can be carried out only by agreement of the parties (Article 78 of the Labor Code of the Russian Federation); or on the initiative of one party - the employee (see.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

Article 80 of the Labor Code with commentary) or the employer if there are grounds for this (see Art.

81 of the Labor Code of the Russian Federation and commentary thereto); or upon the occurrence of other circumstances provided for by law (see, for example, Art. Art.

83, 84 of the Labor Code of the Russian Federation and commentary thereto). Abandonment of work without a good reason by a person who has entered into an employment contract for a certain period before the expiration of the contract or before the expiration of the warning period for early termination of the employment contract is considered as absenteeism (subclause

“d” clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004

N 2).

9. As follows from the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004.

N 2 (part. part.

2, 3, paragraph 60), if an employee with whom a fixed-term employment contract was concluded was illegally dismissed from work before the expiration of the contract, the court reinstates the employee at his previous job, and if at the time the dispute is considered by the court, the term of the employment contract has already expired, it recognizes the dismissal illegal, changes the date of dismissal and the wording of the grounds for dismissal to dismissal upon expiration of the employment contract.

At the request of an employee whose dismissal is recognized as illegal, the court may limit itself to making a decision to recover in his favor the average earnings for the period of forced absence and to change the wording of the grounds for dismissal to dismissal at his own request (see Parts 3, 4 of Article 394 of the Labor Code RF and commentary thereto).

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work. An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Features of termination of employment relations upon expiration of a fixed-term contract

There are three options for terminating an employment contract with dismissal:

1. Upon completion of the assigned task, the scope of responsibilities.
2. When another employee left, instead of whom the required amount of assignments was carried out.
3. At the end of a certain period when an employee was hired for seasonal work.

The procedure for dismissal upon expiration of the employment contract

Despite the fact that the contract expires at a certain time, for proper termination it is necessary to follow the procedure, which begins with warning the employer of the planned departure under the expiration clause of the employment contract.

The scheme for registering dismissal upon expiration of the employment contract is as follows:

1. Within three days before the end of employment, the administration sends a written notice of termination of the relationship. Citizens replacing an absent employee are exempt from the need to notify.
2. The written notification is handed over in person, and the fact of delivery is confirmed by the employee’s signature indicating the date and transcript.

After the notice is recorded in writing, it is filed in the employee’s file. If the person persists and refuses to serve, the employer will arrange for a report to be drawn up indicating that the person has evaded signing.

Termination of contract upon execution of an order

If an employee is hired for a certain period of time necessary to fulfill instructions from management, a contract is signed to perform the work.

To fire a person working under a fixed-term contract for the duration of a task or assignment, first, you will have to record the fact of complete fulfillment of the scope in the form of an acceptance certificate. If the employer confirms the completion of the assigned task, this will become a legal basis for dismissal under the employment contract.

It is recommended that the act be drawn up not in free form, but on the T-73 form, approved by the State Civil Service of the Russian Federation in January 2004. The choice of form is at the discretion of the employer. The compiled and signed copy is filed in a personal file. The second is given to the employee. After the act is issued, the fixed-term contract expires from the next day.

Download the T-73 unified form (in MX-Word .dox) (24.9 KiB, 166 hits)

Form of the unified form T-73 (in Excel) (30.5 KiB, 152 hits)

Information from the Ministry of Finance of Russia No. PZ-10/2012 “On the entry into force of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” from January 1, 2013

Paperwork

After preparing the document giving grounds for dismissal, an order is prepared in form T-8. The text of the order and the work book entries indicate the following wording and basis - clause 2, part 1, article 77 of the Labor Code of the Russian Federation, i.e. upon expiration.

Download the Order to terminate a contract with an employee. Form T-8 (41.5 KiB, 2,069 hits)

An example of filling out an order on form T-8 about dismissal at one’s own request (43.5 KiB, 1,425 hits)

After the order is issued, the employee is introduced to it (under signature) and then filed into the file. On the last day before leaving, the employee must be given a completed work book.

Commentary on Article 79 of the Labor Code of the Russian Federation

A fixed-term employment contract is terminated upon the expiration of its validity period, of which the employee is warned by the employer at least three calendar days before dismissal, in contrast to the previous wording of the article.

A warning about termination of a fixed-term employment contract must be given in writing. The legislator establishes a general mandatory rule for the employer to warn the employee about the upcoming termination of the employment contract.

If there is no written warning from the employer, and the employee continues to work, then the employment contract is considered concluded for an indefinite period (see Art.

58 TC and comment. To her).

The employment relationship actually continues, but if in the future the parties consider it inappropriate to continue the employment contract, then it can be terminated, but not under Art. 79 TK.

Dismissal of an employee upon expiration of the contract concluded for the duration of the duties of the absent employee does not require such notice.

Part 3 of the commented article provides that an employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work. It must be borne in mind that such an agreement may have a specific period: say, four months or a year and a half, and in the event of an absent employee returning to work early, such an agreement is terminated.

Current labor legislation establishes additional guarantees when terminating a fixed-term employment contract, for example for pregnant women. In particular, in the event of expiration of a fixed-term employment contract during the pregnancy of a working woman, the employer is obliged, upon her application and upon provision of a medical certificate, to extend the term of the employment contract until the end of pregnancy.

In this case, a pregnant woman is obliged, at the request of the employer (but not more than once every three months), to provide a certificate confirming the state of pregnancy. However, if a woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to the expiration of its validity period within a week from the day the employer learned or should have learned about the end of the pregnancy (see.

Art. 261 TC and comments.

To her).

If it is established during the trial that there have been multiple conclusions of fixed-term employment contracts for a short period of time to perform 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 (see paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 17.03. 2004 N 2).

When and how does a temporary employment contract end?

According to the provisions of Article 77 of the Labor Code, paragraph 2 determines that the legal basis for terminating the employment relationship between an employer and an employee is the expiration of the employment contract. That is, this wording refers to the general reasons why an employee can be fired without the employer initiating such dismissal. In addition, refusal to continue the employment relationship also cannot be attributed to the employer’s initiative to terminate the employment contract. Thus, the expiration of the contract, in its essence, does not relate to the reasons for dismissal at the request of the employee, or at the request of the employer.

The only important condition for the legality of dismissing an employee due to the expiration of the employment contract is the legality of concluding a temporary employment contract with this employee. If at the time of concluding the employment contract there were no legal grounds provided for in Article 58.59 of the Labor Code, the court regards dismissal at the end of the contract as illegal and unlawful. In this case, the court may recognize the specified employment contract as being concluded for an indefinite period. And, accordingly, it is impossible to dismiss such an employee due to the expiration of the employment contract.

Another important detail: if the fixed-term employment contract is not terminated on time, and the dismissal is delayed, the fixed-term employment contract will be transformed into an open-ended one, this is the requirement of Article 58 of the Labor Code. This will lead to the fact that it will be impossible to dismiss an employee using this wording, and the issuance of a dismissal order will be unlawful. To prevent this from happening, you need to warn the employee in time that the employment contract with him will not continue.

Notice of dismissal upon expiration of a fixed-term employment contract

There are situations when an employee must be notified of an upcoming dismissal. Termination of an employment contract due to its expiration refers to just such a case. Therefore, before issuing a dismissal order, you need to go through the procedure of notifying the employee of the termination of the employment relationship and the date of dismissal. In this case, the “two weeks” rule does not apply. The employee must be notified three calendar days before the expiration of the employment contract. The form of notification must, of course, be in writing. Moreover, the employer must have confirmation (written) that the employee received this notification and is familiar with the situation. This requirement of Article 79 of the Labor Code does not apply to those employees who work temporarily in place of an absent employee. When such an employee returns to work, the temporary employment contract with the temporary employee terminates. On the day of his dismissal, the employee must be given all pay slips, as well as a work book.

You should also not forget about the peculiarities of dismissal of pregnant women at the end of the contract. While such an employee is pregnant, the employer must extend the employment relationship with her until the moment of childbirth. After this, he can terminate the employment relationship with her by issuing an order for her dismissal. If a pregnant employee performs the functions of a temporarily absent employee, upon his departure, the pregnant employee must be offered all current vacancies at the enterprise that suit her according to her position, level of education and qualifications.

Compensation upon dismissal due to expiration of the employment contract

Since employees who have entered into a temporary employment contract with the company are entitled to paid vacations, then, accordingly, they are also entitled to compensation for unused vacations. Even if an employee is entitled to only two days of vacation and he did not use them, he is still entitled to compensation for these two days. When calculating this amount, you should be guided by the norms of the Labor Code, since it establishes the number of vacation days for temporary employees. At the rate of two days for each month worked, the employee is paid compensation if:

1. an employment contract of up to two months has been concluded with the employee;
2. the employment contract was concluded for a specific season or period.

If, however, an employment contract with an employee is concluded for a period of one year or more, after six months of work, such an employee already acquires the right to leave. In the event that he does not exercise this right, upon dismissal he must be calculated compensation for the allotted vacation time, based on the days established by the contract and the law.

Compensation in the form of severance pay is not established by law for employees whose employment contract is terminated due to the termination of the employment contract. However, the employer is not deprived of the right to independently establish in the labor and/or collective labor agreement additional material compensation for dismissed employees. So, for example, an employee can receive certain bonuses and allowances during his work, or he can receive them during the period of termination of the employment contract, after a certain amount of work, if this condition is specified in the employment contract with the employee.

If an employment contract is concluded with the head of an enterprise (and temporary fixed-term employment contracts are always concluded with the management team), as a rule, upon termination of employment relations with him, the enterprise pays “compensation” or severance compensation in connection with dismissal.

In what cases is a fixed-term employment contract concluded?

A fixed-term employment contract is an agreement between an employer and an employee, in which the expiration time of its validity is agreed upon in advance. Such employment relationships may apply:

• if a specialist was sent to perform any work by the Employment Center;
• if it is necessary to appoint an employee to a temporary management position (usually such a position is elective);
• if the employee is sent to the enterprise for practical training;
• if the employer requires any temporary service (the end date of the employment relationship is not specified - the contract terminates as soon as the service is provided in full);
• if an employee is hired by an enterprise that will exist for a certain time, perform certain work, and then close;
• if the employee goes for long-term work abroad;
• if the employer needs a service that is not related to his permanent field of activity;
• if employees were hired for seasonal work;
• if the employee will provide temporary services for less than 2 months;
• if an employee is hired by a company to replace a temporarily absent subordinate, who is required by law to retain his job, position and salary.

Is it possible to terminate a fixed-term employment contract at the initiative of the employer?

The law does not allow an employer to unilaterally terminate a fixed-term employment contract if a temporary employee is on sick leave or on vacation. The only exception is the case of complete liquidation of the company.

The law allows you to terminate a fixed-term employment contract in the following cases:

• with the consent of both parties to the agreement;
• upon expiration of the contract;
• due to unforeseen circumstances that were impossible to predict;
• if an employee who was replaced by a temporary subordinate returned to the workplace;
• if the employee committed offenses provided for by law;
• when the dates for completing the work are clearly specified;
• at the end of seasonal work for which personnel were hired;
• prematurely, on the unilateral initiative of the employee or employer.

Common mistakes

Error: The employer prematurely and unilaterally terminates a fixed-term employment contract due to the liquidation of the company. An employee who was on sick leave at the time of dismissal sues his boss for illegal dismissal.

Comment: The employer really does not have the right to unilaterally terminate a fixed-term employment agreement while the employee is on vacation or sick leave, but not in the case of liquidation of the company - in such a situation the law allows you to fire the employee.

Error: Factual errors were found in the text of the fixed-term employment contract, but this was not the employee’s fault. The employer fired him without any compensation.

Comment: In such a situation, the employee is entitled to receive severance pay.

Features and procedure for dismissal upon expiration of the contract

Dismissal upon expiration of the employment contract takes place according to the following scheme:

1. notify the employee of dismissal in writing;

2. issue an order to sever the employment relationship;

3. make an appropriate entry in the work book;

4. return the documents to the employee and pay the money.

When dismissal due to the end of the employment contract, it is not necessary to draw up a statement. The basis for severing the employment relationship is the fact that the contract has expired. If an employee decides to leave his position early, he submits an application for resignation of his own free will. In this case, the employee is required to notify the employer two weeks before leaving the organization.

An employer has no right to dismiss a woman in a position working under a fixed-term contract. The employer extends the fixed-term agreement until the employee gives birth. The benefit for a pregnant woman is paid within the time limits specified by law.

Entry into the work book

The employer returns the work book to the employee on the day of termination of cooperation. The procedure for registering at the end of a fixed-term contract is regulated by instructions approved by the Ministry of Labor in 2003. The entry is endorsed by a HR specialist and certified by the company’s seal.

Sample entry in a work book.

Basic Concepts

In most cases, the new employee is hired permanently. However, Labor legislation allows an employer to employ a citizen for a certain period of time.

Depending on the nature of the work, the employment contract indicates the date after which the employee’s services will not be needed. If the director of the enterprise does not plan further cooperation with the citizen, then upon expiration of the contract he is fired.

A fixed-term contract is necessary for:

• replacing a temporarily absent employee;
• performing short-term, seasonal work;
• internship;
• applying for a job in a foreign company;
• military service.

Most often, a fixed-term employment contract is concluded between the employer and:

• citizens of retirement age;
• specialists in the field of music and art;
• highly qualified specialists (scientists, top managers, auditors).

Notice of expiration of the contract

Termination of the contract begins with notification to the employee three days before the expiration of the agreement. The document is drawn up in writing. The employer must retain one sample notice signed by the employee, which indicates that the employee has read the information. The documentation is sent for storage to the HR service.

1. when drawing up an agreement with a temporarily created company, cooperation ends at the moment of liquidation of the organization;

2. When replacing an absent employee, notification is not required.

A citizen who works under a fixed-term contract may not go to the enterprise after the end of the agreement without notifying the boss. The employer in such a situation does not have the right to impose penalties or issue a reprimand.

The notice contains information about the terms of the fixed-term agreement, reflects the reasons and timing of termination of the contract and removal from office.

If the company decides to continue cooperation with the citizen, then an annex to the main agreement is drawn up.

Sample notice of expiration of an employment contract.

Reasons for terminating a contract

According to Labor Law, the dismissal of an employee must occur for some reason. There are several grounds for terminating a fixed-term work contract:

• The period for which the STD was concluded has expired;
• Agreement between the director and the specialist;
• At the citizen's own request;
• For force majeure reasons;
• By decision of the head of the organization.

End of contract period

According to Article 77, paragraph 2 of the Labor Code of the Russian Federation, an employee can be dismissed due to the expiration of a fixed-term contract. The employer is obliged to notify the citizen of the termination of cooperation 3 days in advance. In some cases, a warning is not required:

• If a temporarily absent employee who was replaced by a citizen returns to work;
• The work for which an STD employee was hired has been completed.

Dismissal by mutual decision

The STD can be terminated by agreement of the employer and employee at any stage of the work. This basis is provided for in Article 78 of the Labor Code of the Russian Federation. In the event of a dispute, the employee will not be able to be reinstated in his position, since the dismissal was by mutual agreement.

At the request of the contractor

Dismissal at the initiative of the employee occurs due to the following circumstances:

• The citizen has become disabled and cannot work;
• The employee is dependent on a seriously ill relative who requires special care;
• The employer does not fulfill the obligations stipulated by the employment contract;
• The contractor or his spouse changes his place of residence;
• The employee is transferred to a higher position;
• The employee refuses to continue working in the organization after a change in management or change in staffing.

For reasons beyond the control of the parties

In some cases, the employer and employee are forced to terminate their employment relationship. For example:

• A citizen received a summons to enlist in the army;
• The employee committed a crime and was taken into custody;
• By a court decision, the employee was reinstated to his previous place of work;
• The contractor died;
• An emergency situation of a natural or man-made nature has occurred (earthquake, fire, flood).

Dismissal due to force majeure occurs in a certain order. To terminate the contract, you will need proof of the incident (death certificate, certificate from the Ministry of Emergency Situations). Based on the documents provided, the contract is terminated.

By decision of the head of the organization

The employer has the right to terminate the employment relationship with the employee before the end of the STD for the following reasons:

• Reorganization or liquidation of the company;
• Company sales;
• If an employee violates the labor regime;
• Due to the low quality of services provided;
• Disclosure of information that is a trade secret.

Dismissal procedure

To terminate a fixed-term employment contract, you must complete the following steps:

• Draw up a notice of dismissal and notify the employee;
• Prepare an order for termination of the contract and further dismissal from the current position;
• Calculate compensation, wages, and other payments;
• Put a mark in the work book and issue the required documents to the employee.

Preparation of documents

Correctly filling out documents will allow the manager to avoid inspections by the Labor Inspectorate and disputes with the employee.

Need to prepare:

• Resignation letter from an employee. If a citizen himself decides to terminate the contract, he must write a statement 2 weeks before leaving and submit it to the manager. The document must indicate the reason for dismissal;
• Notice of early termination of cooperation. This document is required if the initiator of dismissal is the employer. The written notification is drawn up in two copies, then registered by a personnel employee. The text of the notification must indicate on what basis the STD is terminated;
• Order to terminate the contract. The parties sign the document on the last working day of the dismissed employee. If a citizen for some reason refuses to sign, a corresponding mark is placed on the paper;
• Work book.

Based on the dismissal order, an entry is made in the employee’s work book. The filling procedure is as follows:

1. The first line indicates the serial number of the record;
2. In the second column write the date of termination of the STD;
3. In the third line they describe the reason for which the dismissal occurred, put a link to the article of the Labor Code of the Russian Federation, indicate the full name of the person responsible for filling out the work book;
4. The fourth column contains the signature of the employer and the seal of the organization.

After the employee receives the order, pay slip and work book, he will need to sign in the accounting journal. With his signature, he confirms that he agrees with the notes in the documents and has no complaints against the employer. If a citizen is absent from work on the day of dismissal, the manager is obliged to offer him to send documents by mail.

Calculation of payments

In case of early termination of a work contract, a citizen is paid compensation for vacation. Other payments are calculated according to the rules established by the Labor legislation of the Russian Federation. The amount of compensation depends on the period for which the STD was concluded:

• If the parties signed a contract for 2 months, then the contractor can count on compensation for unused vacation. Payment is made for 2 days of vacation, while the employee must work in the organization for at least 15 working days. If a citizen worked for 14 days, no compensation is paid;
• An employee registered with an organization under the STD and who has worked for 11 months will receive compensation in full.

About the procedure for such dismissal

Dismissal upon expiration of the employment contract has significant differences from the usual one. The implementation of the process involves the sequence of the following actions:

1. Drawing up and registering a notice of termination of the employment agreement .
2. If the employee refuses to familiarize himself, draw up and register a corresponding act .
3. Create and register a dismissal order . Registration is carried out in the register of orders for personnel, the storage period of which is 75 years.
4. Provide the citizen with a dismissal order. If the employee refuses, draw up an act of refusal to familiarize himself. Register the act.
5. Pay proper wages, compensation for unused vacation days and all other benefits . For this purpose, a note-calculation is drawn up. All payments are made on the day of dismissal.
6. Make a proper entry in the work book . Copy this document for storage in the organization's archives.
7. Record information about termination of TD in the employee’s personal card.
8. Give the citizen a work book. If he refuses to receive it, draw up an appropriate act and register it.

Attention! If, after the expiration of the agreement, neither party terminates it on time, such an agreement becomes concluded for an indefinite period. Then the employee continues to work, and an additional agreement is attached to the contract. There is no need to make entries in the work book.

When and how does a fixed-term employment contract end?

The time for termination of the STA depends on the purpose for which the agreement was concluded. If a person was hired to perform a specific job , then the contract ceases to be valid after it has been completed.

If a citizen under the STD was hired to replace another employee who was temporarily unable to perform his duties, the employment agreement is terminated after the main employee returns to work.

If the TD was concluded for seasonal work , it ceases to be valid after the end of a certain season.

In other cases, the STD ceases to operate due to the expiration of the employment contract, and at least one of the parties has declared a desire to terminate cooperation.

Notifying the employee upon expiration of the deadline

Notification of settlement is sent 3 days before final settlement and not earlier. The document is drawn up in writing with the signatures of managers.

An example of a notification is shown below:

It is also required to record the fact that the employee received the notice. If a citizen refuses to study, an act must be drawn up about this.

Important! The document can be prepared in free form, but it must indicate the reason and date of removal from duties.

Documenting

During the calculation according to the STD, the following documents are drawn up:

• notice of dismissal;
• act of refusal of notice;
• dismissal order;
• act of refusal to familiarize yourself with the order;
• a note in the work book;
• certificate of the employee’s income for the last two years of work.

Reference! The creation of notifications, orders, and acts are recorded in the registration logs.

Payments and compensations

On the settlement day, the former employee must be paid in full salary and other appropriate compensation.

STD employees, like everyone else, have the right to annual leave, the duration of which is 28 days. Article 127 of the Labor Code of the Russian Federation states that during the calculation the employee must be paid compensation for all the vacation time that he did not have time to use.

For those employed in seasonal work, vacation is calculated as follows: two days per month worked. The same applies to employees whose employment agreement lasts up to two months.

Features of dismissal of pregnant employees

According to the Labor Code of the Russian Federation, an employer cannot fire certain categories of workers. For example, for women in this situation, special grounds are provided for termination of the STD:

• Complete liquidation or bankruptcy of the company;
• The return to work of a specialist who was being replaced by a pregnant employee.

In 2015, new amendments were made to the Labor Code. According to current legislation, if an employee finds out about her pregnancy while working under the STD, the manager is obliged to extend its validity for the duration of the maternity leave. The woman must provide documentary evidence of her situation - a doctor’s certificate.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

It is possible to terminate a fixed-term contract if the employee continues to work in the organization after the birth of the child. Sometimes the nature of the work does not allow a woman in this position to work.

In this case, termination of the STD occurs with the consent of the pregnant employee. In addition, the employer may offer her another position in the organization.

Legislation protects other categories of citizens. These include :

• Employees raising children under 3 years of age;
• Single mothers who care for a disabled person or a child under 14 years of age;
• Workers who are the sole breadwinners in the family, provided that they are raising minor children or caring for a disabled child.