Dismissal upon expiration of the contract term. A guide to labor disputes. Disputed situations upon dismissal due to the expiration of the employment contract. Dismissal by agreement of the parties

Sometimes people are hired for a fixed term under a contract. When the term expires, it is necessary either to extend the term, or to dismiss the employee due to its expiration.

Personnel workers sometimes do not quite understand how to correctly make such a record of dismissal in the employee's work book, because dismissal for this reason usually happens less often. We will tell you how to correctly declare the dismissal of a person in the work book in this article.

On the basis of which law to record?

In the "Information" section of the work book, where the reason for dismissal is indicated, in addition to it, you must indicate the law in accordance with which it is made. With a personnel specialist, it is necessary to dismiss him under article 77, paragraph 2 of part 1 of the Labor Code of the Russian Federation.

But before making a record, you must issue an order and take a few more steps to formalize the dismissal. We will discuss this below.

Dismissal procedure

In order to dismiss an employee due to the expiration of the term employment contract, the following steps must be taken:

1. Inform the employee with a written notice that the employment contract has been terminated with the expiration of the employment contract;

Terms of notification of the employee about the termination of the contract:

• On the day of the release of the employee whom the employee replaced, dismissal is made;
• If the employee performed specific work, then 3 days before the planned completion date;
• In other cases, also 3 days before the date of termination of work.

If the employee was sick, then the term of the contract is not extended on this basis. The only situation where it can be extended is if the employee is pregnant. Then the dismissal must be made in time:

• If the employee is on maternity leave - on the day the leave ends;
• If she is not on vacation, then a week after the end of pregnancy, parental leave is not granted.

1. Issue an order to terminate the TD on the basis of "expiration of the employment contract, clause 2, part 1, article 77 of the Labor Code of the Russian Federation";
2. To acquaint the employee with the order against signature;
3. Calculate the payments due to the employee;
4. Make a record of the dismissal in the Labor Code, the employee's personal card;
5. Pay the employee and give him his documents on the day of dismissal.

An important nuance is the following fact - if you do not fire an employee on the day the TD expires, then he will be considered a prisoner from that day on indefinite term... Later, the employee cannot be dismissed on this basis.

Sample entry

How exactly to make an entry, you can see in the sample entry in the work book below. The entry must be made with a waterproof pen, the seal of the organization must be present, the signature of the responsible employee and the number of the order is indicated, which is the basis for the dismissal of the employee.

If some record is missing, then work book or this entry in it may be invalidated, then in the future the employee may have problems in finding a job or calculating a pension. Take the safety and filling out of the work book seriously, since this document is the main one for confirming the work record of the employee. And for damage to a work book, material, administrative or even criminal liability can occur (if this is done intentionally).

Upon the expiration of the employment contract, the employer is obliged to timely dismiss the employee or renew the agreement with him. How to fire an employee correctly without violating his rights, what documents need to be drawn up - step-by-step instruction upon dismissal of an urgent employee.

Dismissal at the end of the term of the employment contract is the termination of the employment relationship between the employer and the performer due to the termination of a fixed-term contract.

All actions related to the procedure for such dismissal are described in Art. 79 of the Labor Code of the Russian Federation.

According to the legislative act, the dismissal of an urgent employee must be completed in a timely manner, since otherwise the employment contract will be considered extended for an indefinite amount of time and good reasons will be needed to dismiss the employee. In this case, it will be necessary to amend the labor agreement, since there will already be completely different grounds for cooperation.

Important:the entire dismissal procedure should begin with notifying the employee 3 days before the end of the employment contract.

It should be remembered that:

1. If this date falls on the period of the sick leave, then it is not postponed, and the sick leave should be paid in full for all the days of the employee's stay on it, even if he has already been fired;
2. When the required amount of work is completed, the date of the end of the contract is the date of full completion of the specified amount;
3. With a contract with a temporarily established company labor Relations terminate on the day of liquidation of the company;
4. When replacing a temporarily absent employee, the labor contract is terminated on the day of his return to work, there is no need to notify the employee;
5. When performing seasonal work, the contract expires upon the end of the specified period, in which case the employer is not obliged to notify the employee.

An employee who works under an expiring employment contract, unlike an employer, is not obliged to do anything, he has the right at the end of the term not to go to work at all without warning, and the employer has no right to punish him. If the management has a desire to extend cooperation, it is necessary to invite the employee to draw up an annex to the employment contract.

Dismissal rules upon expiration of the employment contract - step by step instructions 2017 - 2018

To avoid any complications in the termination of employment, each employer must act in accordance with the requirements of the law.

It is necessary to dismiss an employee upon the expiration of the term of the contract according to the following step-by-step instructions:

Step 1. Providing the employee with a notice 3 days before the termination of the employment contract.

This notice is supposed to be drawn up in a free style in 2 copies, the original for the employee, and a copy for filing in a personal file, the employee must sign on it indicating the date of receipt of the notice.

If an urgent employee replaces an absent one, then there is no need to warn about the expiration. The contract automatically terminates when a permanent worker appears at work.

Sample notice:

Step 2. Drawing up an acceptance certificate - if the employee was obliged to complete the scope of work under a fixed-term employment contract, then it is necessary to form an act of delivery of this work in 2 copies, while the intended copy for the employer is filed into the employee's personal file.

To draw up a document, it is permissible to use a unified form or take it as a sample.

Step 3. Issuance of a dismissal order.

The preparation of the document is carried out using the unified form T-8 or T-8a - for several employees.

The document should indicate the basis for the termination of relations - the expiration of the employment contract under clause 2 of Article 77 of the Labor Code of the Russian Federation, also indicate the period of the end of the contract and the details of the employee's notification of the end of the legal relationship.

Important:the use of unified forms, according to the innovations in the legislation since 2013, is not necessary, which makes it possible for the enterprise to form accounting documents according to its characteristics, however, it is necessary to adhere to the application of the main points.

Sample order of dismissal:

Step 4. Signature of the order by the employee.

The employer must obligatorily familiarize the employee with the document regarding which it was published - a copy is filed into the file.

Step 5. Calculation of the amounts due to be paid to the employee.

Step 6. Personal card entry.

The basis for dismissal due to the expiration of the employment contract is transferred from the order to the last section of the T-2 card.

Step 7... Record in the work book.

It is necessary to indicate that the employment agreement has expired due to the expiration of the term and to make a reference to clause 2 of Art. 77 of the Labor Code of the Russian Federation - by analogy with the recording of the dismissal order.

Important:if the day of termination of the employment contract fell on a holiday or weekend, you must indicate the first working day after them.

Step 8. Dismissal of an employee with the presentation of the necessary documentation and proper payment, while he must sign his personal card and in the work record book.

Calculation of an urgent employee upon dismissal

An employee working on a fixed-term contract must pay all the required compensation for unaccompanied vacations.

The entire step-by-step procedure and nuances of payments, the amount of which depends on the term of the employment contract, is described in the Labor Code of the Russian Federation.

Wherein:

• Employee signing fixed-term contract valid for up to 2 months is entitled to leave compensation if he has worked at the enterprise for more than 15 days.

In this case, when calculating, the amount of months worked is multiplied by 2 and the resulting figure is multiplied by the average daily earnings.

If an urgent worker has worked for less than 2 weeks, such days are not taken into account in the calculation, and if more, then the number of days corresponding to a full month is taken into account.

• An employee who has entered into a fixed-term employment contract for a period of 2 to 11 months receives compensation using the same calculation procedure as before, but the amount will already be different.
• When fixed-term contract for a period over 11 months, a coefficient of 2.33 is used in the calculation, while it is necessary to subtract the number of vacation days used.

Payment of monetary compensation and all earned funds to the dismissed at the expiration of the term of the employment contract must be made on the day of the employee's dismissal in accordance with the law.

Is it possible to fire a pregnant woman under a fixed-term employment contract

In the course of urgent cooperation with a woman, it may happen that after this period she will be pregnant, then the employer will not be able to fire her if:

• She writes a corresponding statement;
• The employee provides a medical certificate confirming the diagnosis.

In this case, the dismissal of the pregnant woman is impossible and the employer is obliged to extend the fixed-term employment contract until the end of the pregnancy, regardless of its outcome.

The date of dismissal in this case will be:

• When granting maternity leave, its last day;
• If leave is not granted within a week after the end of the pregnancy.

Important:parental leave is not granted.

The maternity allowance with timely registration and at the birth of a child is paid in accordance with legal requirements.

When can a pregnant woman be fired?

At the same time, the employer has the opportunity to dismiss a pregnant employee in connection with the expiration of a fixed-term employment contract, subject to the following conditions:

1. This employee was hired to replace an absent specialist;
2. The transfer of an employee to lighter work with her consent is unacceptable.

In the course of such a dismissal, the employer is obliged to offer the pregnant employee all the vacancies he has that correspond to her qualifications or rank lower, with the corresponding pay or an order of magnitude lower.

After termination of a fixed-term employment contract due to its expiration and full settlement with the employee, the employer is not obliged to urgently notify the FIU, since the report for this will occur at the end of the reporting period, however, if desired, instant notification is available.

It should also be remembered that cooperation on an urgent basis is fully spelled out in the legislation, which requires its proper implementation.

Questions and answers on the topic of dismissal of fixed-term workers in 2018

Question 1: The employment contract expires on the day off. Is it possible to issue a weekend leave?

Answer: The main thing is not to infringe on the rights of the employee. It will be correct to issue your dismissal on the next working day.

Question 2: We have an employee on a fixed-term contract - she said she was pregnant. Is the company obliged to accrue and pay maternity to her?

Answer: The employer is obliged to extend the term of the contract and pay a lump sum for early registration and maternity benefits. The only exception is the replacement of an absent person and his return to work. In this case, even a pregnant woman quits. If, due to her condition, she cannot work at her previous job until the decree, then the company must offer other vacant positions in which she can work.

Question 3: I was hired for limited time, but in the employment contract I did not find the validity period. What does it mean?

Answer: This means that the employment contract is open-ended. Oral agreements are not valid in this case, the content of the contract is important, and if it does not contain a validity period in any form (completion of work, exit permanent employee, a specific date or a certain period), then it is recognized as indefinite. They do not have the right to fire you under clause 2 of article 77.

Question 4: By e-mail I received a notice of dismissal from the employer 3 days in advance - the term of the employment contract expires. After 3 days, I was fired under paragraph 2 of article 77. Is the employer's actions lawful?

Answer: The notice must be in writing on which you must put your acquaintance visa. The electronic version does not confirm the employer's fulfillment of the obligation to inform the employee about the dismissal. You have the right to go to court, which will demand to reinstate you in your workplace in connection with a violation labor legislation - the employer will not have a written confirmation of the notice with your signature.

Question 5: We missed the moment of the expiration of the contract with the employee, he is still working on. How can I fire him now?

Answer: If the term is missed, then the employment contract has become indefinite. An employee can be dismissed only on general grounds.

Question 6: The urgent worker is pregnant, but she did not submit an application for the extension of the contract and did not bring a certificate. Can I fire her?

Answer: The situation is not unambiguous, there is a practice of various judgments... On the one hand, the extension is carried out on the basis of an application and a certificate. On the other hand, this situation is accurately described in the Labor Code of the Russian Federation and is an obligation for the employer. Perhaps the employee does not know about her rights, you need to inform her about this. It is possible that after being fired, she learns that it was possible to continue working and receive maternity leave, and will apply for the protection of her rights in court. The court's decision may be on her side.

Question 7: Is it possible to fire an employee due to the termination of a fixed-term contract if he is on sick leave?

Answer: Yes, you can. But sick leave must be paid in full.

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Under normal conditions, the order to dismiss after the expiration of the term of the employment contract should be timed to coincide with other measures to close the contract, limited in time - notifying the employee three days in advance, payments on the day of dismissal, etc.

At the same time, it is worth highlighting several employment contracts that differ in execution, according to which the order must be executed in accordance with and differently:

• in the case of a contract for the period of performance of duties to replace an absent employee, the order must be timed to coincide with the day when the person being replaced must return to his duties;
• in the case when it comes to an employment contract for the performance of a specific amount of work, the order must be prepared in the area of \u200b\u200bthe moment of delivery of work on the deadline or other circumstances specified in the contract;
• regarding hiring for seasonal work, the employment contract is fulfilled for the period of a specific season in which the work is carried out, and a dismissal order must be prepared by the end of the season;
• in other cases, the order is prepared at will by the date of completion of the fixed-term contract.

IMPORTANT: the law does not establish the exact number of a dismissal order in the event of the expiration of the term for which the labor was concluded. agreement, we are talking about the practical need to coordinate the document on terms with the rest of the dismissal measures - notifying the employee three days in advance or the immediate date of dismissal of an employee with urgent obligations.

Dismissal regulation upon expiration of a fixed-term contract, the following provisions shall apply:

1. Article number 79 from the Labor Code of the Russian Federation.

   Article 79. Termination of a fixed-term employment contract

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

   An employment contract concluded for the duration of a specific job terminates upon completion of that job.

   An employment contract concluded for the duration of the performance of the duties of the absent employee is terminated when this employee leaves for work.

   An employment contract concluded for the performance of seasonal work during a certain period (season) ends at the end of that period (season).

2. Article number 77 from the Labor Code of the Russian Federation.
3. Articles numbered and 59 from the Labor Code of the Russian Federation.
4. Article number 84.1 from the Labor Code of the Russian Federation.
5. Articles numbered and 127 from the Labor Code of the Russian Federation.

   Article 127. Exercise of the right to leave upon dismissal of an employee

   Upon dismissal, the employee is paid monetary compensation for everything unused vacations.

   At the written request of the employee, unused holidays can be granted to him from subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal.

   In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of vacation is also considered the day of dismissal.

   When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day of the start of the vacation, if another employee is not invited to his place by way of transfer.

6. Decree of the Government of the Russian Federation No. 225 of March 16, 2003, dedicated to work books.
7. Resolution on behalf of Goskomstat No. 1 dated January 5, 2004, dedicated to unified forms of primary accounting, which includes a sample for filling out a termination order in relation to labor. dog-ra, by.

Video with a step-by-step explanation of how to fill out a dismissal order in the form of T-8:

The dismissal procedure, as a whole, includes:

Video about the main stages of dismissal:

Based on the general description of the procedures, it should be borne in mind that the order is created after the employee is notified of the dismissal and before the calculation of the compensation due to him. However, the order can be issued in advance.

Note! a prerequisite for the implementation of the dismissal procedure after the expiration of the contract for a certain period is the familiarization of the employee with the relevant order. If the employee was not familiar with the document, he has the right to declare a violation of labor legislation.

In the absence of an opportunity to familiarize himself with the order in person, it becomes necessary either to provide the employee with a remote opportunity to familiarize himself (send by mail), or to make a note about the impossibility in the accounting documents of the company. If the dismissed refuses to read the order, this must also be made in a separate entry in the order.

Features of drawing up a document

Contrary to popular belief, the issuance of a dismissal order due to the expiration of the period for which the work was registered. contract does not have to be made by unified form under the number T-8.

The picture shows a sample document:

When using an automated document flow mechanism in an organization, the OKUD system will put down within its standard settings. If the document was filled out in advance, it is important to then enter information on the notice of dismissal and the employee's refusal to read it.

Traditionally, the order is issued on the date when the employee is dismissed, if the employee himself initiated the procedure for breaking the working relationship, and then changed his mind, it is necessary to issue a revocation of the order.

The execution of such a document is a mandatory part of the dismissal procedure, if it was not formed properly by the expiration date of the employee's powers, or if it was not provided (if possible) for the employee to study, he can continue to perform his duties, and the employment contract will acquire the status of an indefinite.

The order to dismiss an employee due to the expiration of the term for which the contract was drawn up is one of the most important and necessary elements of the execution of the dismissal procedure. Regardless of on whose initiative, the employee or the employer, the relationship is broken, this order must be formed, and the employee must be familiarized with it.

Useful video

Video about the features of the employee's dismissal due to the termination of a fixed-term contract, the timing and procedure for notification:

A fixed-term employment contract is terminated upon the expiration of its validity period. The employee must be notified in writing of the termination of an employment contract due to the expiration of its validity period at least three calendar days before dismissal, except for cases when the term of the fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires. An employment contract concluded for the duration of a specific job terminates upon completion of that job. An employment contract concluded for the duration of the performance of the duties of the absent employee is terminated when this employee leaves for work. An employment contract entered into for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

3. Issuance of an order (instruction) on the termination (termination) of an employment contract with an employee (dismissal).

4. Registration of the order(orders) in the order established by the employer, for example, in the register of orders (instructions).

5. Familiarization an employee with an order (by order)employer to terminate the employment contract under signature.

In the case when the order (order) on the termination of the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under the signature, on the order (order) need to make the corresponding entry (part 2 of article 84.1 Labor Code of the Russian Federation).

6. Drawing up a note-calculation upon termination (termination) of an employment contract with an employee (dismissal).

7. Settlement with the employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the fired employee has made a payment request. In the event of a dispute about the amount due to the employee upon dismissal, the employer is obliged to pay the amount not contested by him within the time period specified in this article (Article 140 of the Labor Code of the Russian Federation).

11. Confirmation of the fact that the employee has been issued his work book.

The employee confirms with his signature the fact of receiving his work book in the book for registering the movement of work books and inserts in them. The form of this book was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69 "On approval of the Instruction for filling out work books".

12. Issuance of a certificate / certificates on the amount of earnings (Clause 3, Part 2, Article 4.1 Federal law from 29.12.2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood").

If the employee refuses to receive a notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and employees who were present at the refusal, and send a notification to the employee's home address by letter with a notification and a list of attachments. The act is registered in accordance with the procedure established by the employer in the relevant registration journal.

If the employee refuses to familiarize himself with the order (order) to terminate the employment contract, it is also advisable to draw up an act on the employee's refusal to familiarize himself with the order (order), which is signed by the compiler and the employees who were present at the refusal (the law in this case does not require the drawing up of an act, but in the event of a judicial dispute act can be useful as additional evidence of the employer's rightness). The act is registered in accordance with the procedure established by the employer in the relevant registration journal.

A fixed-term contract concluded with an individual assumes that the employment relationship will last for a limited time period and will end upon a certain date or the completion of a specific event. If the term has expired, the contract ceases to be valid, and the employer is obliged to complete the dismissal procedure in accordance with all the rules of the Labor Code of the Russian Federation. An obligatory component of this procedure is the preparation and approval of a dismissal order, for which the standard T-8 form is successfully applied. In the article, we will tell you how to correctly draw up a dismissal order after the expiration of the employment contract.

How to notify a conscript about the upcoming dismissal

The expiration date may not be due to the occurrence of a certain date, but to the occurrence of an event specified in the contract. Examples of this can be the reception of a person for the period of replacement of a permanent employee (for example, for the period of a decree), for performing a limited amount of work, providing a specific service, when it is not possible to accurately determine the moment of obtaining the final result of the worker's actions.

Depending on the reason for the termination of the agreement, the procedure and terms of notification of the conscript change.

The notification document must be drawn up on paper and certified by the signature of the responsible person of the employing organization. This document must be handed over directly to the conscript or sent by mail, if there is no possibility of personal transfer.

Timeline for notification of urgent employee: (click to expand)

• If a certain work is performed under a contract, a service is provided - 3 days before the planned completion date of this work;
• When replacing a temporarily absent employee of the organization - on the day the absent person leaves the workplace;
• If there is a specific termination date for the agreement - 3 days before that date.

It is better to prepare two identical copies of the notification - give the first one to the conscript, and take the second one with the employee's signature on it, confirming awareness of the upcoming completion of work.

Finding a conscript on sick leave or on vacation of any type is not a reason to extend the contractual relationship. The notice document is transmitted by the valuable by post, in this case, the confirmation of delivery will be the paper received from the post office on the delivery of the letter to the addressee. The hospital allowance is paid to the conscript for the entire period indicated on the certificate of incapacity for work even if the fixed-term contract is terminated.

The only case when an employee cannot be fired even after the expiration of the contract is the presence of pregnancy of any period. In this case, the employer is obliged to wait for the permission of the pregnancy, and then issue the dismissal. This rule does not apply when the job is to replace a permanent employee. If an absent employee goes to work, then even a pregnant conscript can be fired, unless, of course, there is another job suitable for her qualifications and level of health.

An employee who works under a fixed-term contract and is pregnant at the time of expiration must:

• extend the agreement if she writes a statement about this and provides a medical certificate about her situation;
• if provided 70 days before the date of birth of the decree - pay the appropriate allowance and dismiss after the end of the decree;
• if maternity leave is not granted, then you can be fired within a week after the end of the pregnancy;
• the employer is not obliged to provide an urgent parental leave.

Sample and sample notification

The text of the document is formed in a free presentation, while it is desirable to ensure the presence of the following details:

• Information about the employer (you can issue a notification on a letterhead with details);
• Name and position of the conscript in the genitive case at the top of the sheet;
• Name and title of the document;
• Number and date;
• A polite address to the employee, for example, "Dear Evgeny Alexandrovich!";
• Text in the form of a warning about the termination of the contract according to clause 2 of article 77 of the Labor Code of the Russian Federation (the details of the contract are indicated);
• Manager's signature.

It is also desirable to provide a place for the signature of the person to whom this paper is directed. When delivering a notification document to a conscript, it is necessary to require him to sign in the designated place and indicate the date. This record will confirm the employee's awareness and the employer's compliance with the required dismissal rules at the expiration of the employment contract.

If the employee does not want to sign, his refusal must be reflected in the notification itself in the presence of witnesses or an act of refusal must be drawn up. If the notification is sent by mail, it is not necessary to receive the signature of the employee, it will be enough to have a mail notification of delivery.

Basis documents for drawing up an order

For the preparation of administrative documentation, documentary evidence is required. In the case of drawing up a dismissal order due to the expiration of a fixed-term contract, the following documents act as such confirmation:

• Employer notification of termination of activities;
• A clause of a fixed-term contract, which indicates the moment of its completion.

An application from the employee for dismissal due to the expiration of the employment contract is not required.The details of these documents are written in the corresponding line of the order.

How to draw up a dismissal order

The following fields are sequentially filled in the form: (click to expand)

The generated and approved order is the basis for calculating payments upon dismissal, which include funds earned and not paid on the day of dismissal, monetary compensation for unspent vacation days. The conscript has every right to 2.33 days of leave for each month worked if the total annual leave is 28 days.

Severance pay is not paid to a dismissed conscript, unless otherwise provided by the company's regulatory documents.

To calculate payments, a standard form of a note-calculation T-61 is used. Read also the article: → “”. Further, on the basis of the order, a final entry is made in personal card in the last eleventh section of the T-2 form, and the dismissal entry in the work book is also recorded. The record must include an exact repetition of the wording of the dismissal and the code clause from the order.

On the day of dismissal, the dismissed person receives accrued payments, a work book and a 2-NDFL certificate on the current year's earnings and personal income tax withheld from them. By written request a copy of the dismissal order may also be provided.

How long is the order kept?

The drawn up order is registered in a special registration book (journal) for hR documentation... Further, it is necessary to ensure its safety for a certain period established by the archival documentation. For personnel documents, including the order of dismissal, a retention period of 75 years is valid.

To ensure the safety of the document over such a long time period, it is necessary to correctly organize storage conditions, create favorable climatic conditions, the indoor air should not be humid. The place itself must have high level safety and security both from access by third parties and from the impact of such unforeseen situations as floods, fires. Ideally, orders will be stored in metal, fireproof and sealed boxes, safes with a lock.