Dismissal under a fixed-term employment contract article. Stages of the termination procedure under a fixed-term employment contract: how to properly terminate an employment contract? Fixed-term employment contract: dismissal initiated by the employer

The procedure for signing a fixed-term employment contract, its cancellation and other significant circumstances are regulated in detail by the provisions of the Labor Code of the Russian Federation. According to the law, the signing of a fixed-term employment contract is only permitted in special cases.

That is, the employer should not have an objective opportunity to conclude an indefinite agreement with the employee. In addition to the conclusion of agreements, labor legislation contains a number of provisions regarding the dismissal of workers who work under such agreements.

Dismissal under a fixed-term employment contract article 77 paragraph 2 or 79 paragraph 2

The law provides for several reasons for this. The main ones are directly indicated in and 79 of the Labor Code of the Russian Federation.

The reasons for dismissal should be described in more detail:

• when an employee entered the service, whose place was taken by a temporary worker. Such situations include the replacement of an employee who is on maternity leave to care for a child or a pregnant woman. Long-term illness of an employee may also lead to the hiring of a temporary employee. If the main person goes to work, then the term of the employment contract ends and the person is subject to dismissal;
• at the end of the period for which the person was recruited. As a rule, in this case we are talking about seasonal periods. When the relevant season ends, the temporary worker must be terminated.

Consequently, Art. 77, 79 of the Labor Code of the Russian Federation provide as grounds for the termination of labor relations either the onset of an event, or the end of the period of the agreement.

Reasons for dismissal under a fixed-term employment contract

The legislation contains several rules that apply when a relationship with a temporary employee ends. They should be specified in more detail:

• the main reasons are reflected above and are directly indicated in the law;
• at interim agreement, the employee is subject to all rules on the work schedule, discipline, work safety rules, and so on. In addition, he is obliged to perform his duties with high quality and ensure high indicators of his activities. This means that in case of violation of discipline and working conditions, an employee can be dismissed according to the relevant article of the Labor Code of the Russian Federation (see more about dismissal). For example, in case of absence from work, systematic failure to fulfill their duties, the employee will be fired;
• termination of legal relations with the employer is allowed by mutual agreement. In this case, the parties should not have claims to each other. Only in the absence of conflicts is it possible to terminate the relationship by agreement. In this case, the parties can negotiate mutual conditions and are obliged to comply with them;
• possible termination of legal relations under a fixed-term contract and on the personal initiative of the employee. There can be a variety of reasons for this. But the employee has an unconditional right to do so.

Thus, the specified legal relationship is governed by the usual rules of law, which apply to other types of agreements.

Dismissal of your own free will with a fixed-term employment contract

This reason is quite possible. But there are also restrictions for employees. They are required to notify their employer of the decision two weeks in advance. If the notification arrives later, then the employer has the right not to dismiss the person and move the term for termination of the relationship further.
Such a guarantee is necessary to find another employee for a vacant seat.

Dismissal at the initiative of the employer

With a fixed-term employment contract, dismissal is also possible at the initiative of the management. The reason is always a violation of discipline by an employee or poor performance.
He may be systematically late or not meet the production rate. In this case, it is necessary to record the violation every time. And after fixation, the person should be brought to disciplinary punishment.

Dismissal due to the termination of a fixed-term employment contract

If the agreement sets a deadline for its completion, then it is considered terminated at the onset of this period. This does not require additional notifications or negotiations. Termination of legal relations occurs automatically. This is a direct consequence of the law.
But the agreement can be renegotiated by agreement of the parties.

Term of notice of dismissal under a fixed-term employment contract

Not only the employee has obligations, but also the employer. One of his duties is the need to warn the employee about the termination of the relationship.

The law establishes such a mandatory period. It is 3 days. This period is counted up to the date of termination of the legal relationship.

Calculation of compensation upon dismissal under a fixed-term employment contract

Compensation for leave under a fixed-term employment contract upon dismissal occurs when the duration of the agreement is more than six months. In this case, the compensation for the leave that will not be granted should be calculated.

The calculation is based on a person's average earnings in one month. The average daily income is calculated, which is multiplied by 14. This is the number of days of possible vacation.

Sample order of dismissal under a fixed-term employment contract

The Statistics Committee has developed a special form for such orders. It includes a number of mandatory details and provisions. This is the official letterhead.

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

Is that possible. If the grounds for which the person was employed have disappeared, the woman may be dismissed. In addition, if she commits disciplinary offenses, the agreement will also be terminated.

In addition, if the enterprise ceases to exist, then the legal relationship with the woman should be terminated.

I devoted this article to considering the nuances termination of employment on a fixed-term basis... Highlighted typical mistakes workers and employers. He pointed out the nuances of dismissing a pregnant woman.

According to the current legislation, the employer has the right to conclude a fixed-term employment contract with you. This type of contract is valid for a specified period and its termination has a number of characteristic featureswhich we will talk about next.

○ What does the Labor Code of the Russian Federation say about dismissal under a fixed-term contract?

First of all, it is worth mentioning that the action time fixed-term contract cannot exceed a five-year period. That is, after five years, this agreement must be terminated with you, since the maximum period for which it can be concluded has expired (Article 79 of the Labor Code of the Russian Federation).

Also, the contract upon the expiration of the term is terminated in specific cases:

• If the contract concluded with you was of a temporary nature and was needed to perform the functions of an absent person. When the main employee goes to workplace, the contract with you is terminated.
• A contract has been entered into with you to do a specific job. After completion of the work, it is terminated.
• A seasonal contract has been signed with you. It will be terminated at the end of the season.

○ The procedure for dismissal under a fixed-term contract.

Termination of the contract concluded with you for a specified period is governed by Art. 79 of the Labor Code of the Russian Federation. The norm states that the contract will be terminated due to the fact that a certain event has occurred - its term has expired.

The first thing the head of the organization should do is notify the employee in writing no later than 3 days before the upcoming dismissal.

Except only in cases where such an agreement is concluded temporarily to perform the functions of an employee who is absent.

The notification that the dismissed employee will receive from the employer must contain information about who this document is sent to, the reason for the termination of the contract, its details, date, signature.

If neither you nor your manager demanded the termination of the contract when its term expired, then he will be considered a prisoner indefinitely (Article 58 of the Labor Code of the Russian Federation), and labor relations in this case will continue.

Consequently, if the employer did not want to terminate the contract with you at the end of its term, then in the future he loses the right to dismiss you on this basis.

The next step in the termination procedure is issuing an order to terminate a fixed-term employment contract with this employee. The employee gets acquainted with this document against signature.

The order itself must indicate the following points:

• Employment contract number and date of termination.
• The date from which the employee leaves.
• Grounds for termination and reference to clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation.
• Link to the documents that served as the basis for the dismissal. For example, a notification that an employee has been warned about dismissal.

On the day of termination of the employment contract, an entry is made in the employee's work book. This record contains information on why the contract was terminated, the number and date of the order, a link to the norm of the Labor Code of the Russian Federation. Then the book is given to the employee.

○ Nuances of dismissing a pregnant woman under a fixed-term contract.

If you belong to the category of pregnant women who work under a fixed-term contract, do not worry, the Labor Code of the Russian Federation protects your rights.

So, if the term of the employment contract signed with you ends before the end of pregnancy, then according to Part 2 of Art. 261 of the Labor Code of the Russian Federation, the head, at your written request, is obliged to extend it.

He also has the right to require you to provide him with a certificate of pregnancy every three months. This agreement is terminated on the date of the end of the maternity leave

If the contract was signed with you for a specified period during which you performed the labor functions of an absent employee, then the employer has the right to dismiss you if the main employee comes to work.

If the employer has another vacancy where you can be transferred, then he must provide it before the end of the pregnancy. Also, the employer will have to pay you maternity benefits.

○ The main mistakes of the employer and employee when dismissing under a fixed-term employment contract.

By itself, this type of contract can be concluded only when there are sufficient grounds for it.

Employers, as a rule, neglect this fact, thereby violating the current labor legislation. Below we will focus on the most common mistakes that you and your employers can make.

1. There is no expiration date in the fixed-term contract.

   If you are faced with the fact that in the agreement concluded with you there is no expiration date, then it will be considered that you have been accepted for an unspecified period.

2. The contract that was signed with you at the time of the replacement of the main employee contains the date of its termination.

   Please note that your contract must indicate that it terminates with the release of the main employee (part 3 of article 79 of the Labor Code of the Russian Federation). Otherwise, termination of the contract will be illegal.

3. Failure to comply with the dismissal procedure by the employer.
   • The employer notified the employee less than three days before the upcoming dismissal. There is a judicial practice, according to which if an employee was not timely warned about dismissal. At the same time, sometimes the court takes the side of the employee, citing a violation of the dismissal procedure, namely Art. 79 of the Labor Code of the Russian Federation.
   • The employer did not familiarize you with the order to dismiss, thereby violating the provision of Art. 84.1 of the Labor Code of the Russian Federation
4. Multiple, repeated conclusion of fixed-term employment contracts with you for a short period.

   Judicial practice boils down to the fact that in this case the contract can be recognized as concluded for an indefinite period.

5. Dismissal of a pregnant woman.

   An employer cannot fire a pregnant woman. He must renew the contract until the end of the pregnancy.

6. The employee is inattentive to documents.

   Both when concluding a contract and when terminating it, read all the documents that you sign.

It must be remembered that dismissal under a fixed-term employment contract differs from general rule... And to nullify possible risks employee appeals to labor inspection 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 on a permanent 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 indefinite. The concluded fixed-term contract without good reason may be recognized by the court as unlimited.

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

Legality of the contract

An organization that accepts an employee in its staff can offer him either a 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 work entrusted or by agreement of the parties. When drawing up a contract, its legality must be checked. It is urgent only if there is a point where the deadline is fixed. Otherwise, the document automatically becomes terminated, which can be terminated on the grounds mentioned in Article 59 of the Labor Code of the Russian Federation.

Dismissal warning

Warn about 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 by the time the contract expired, he can simply continue to work. The agreement becomes indefinite, and dismissal under a fixed-term employment contract becomes irrelevant. Subsequent dismissal must comply with legal regulations. Otherwise it will be illegal.

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

• the contract was signed during the absence of the employee for whom the duties are performed (accordingly, the document becomes invalid from the moment of leaving of this employee to work);
• the contract is concluded for the performance of a certain work (after the work is completed, the agreement is automatically terminated);
• the contract is for seasonal work.

The notification must be sent by an authorized employee, often an employee of the HR department. The document is drawn up and signed in two copies. To prevent the risk of litigation on the copy of the company, the recipient must indicate 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 working employee, during whose absence a temporary one was issued.
• Termination of the contract in connection with the fulfillment of those obligations for which the employee was hired.
• Agreement of the parties.
• Employee or employer initiative.

Employee initiative

The employee must inform in advance of his intention to terminate the fixed-term employment contract. Dismissal by on their own requires written notification to the employer 14 days in advance. Upon dismissal, by agreement of the parties, the contract may be terminated earlier than two weeks later.

Grounds for termination of the contract by the employee:

• disability or illness, which is the reason why it is impossible to carry out their duties further;
• illness of one of the family members requiring constant care;
• non-fulfillment by the head of the duties or conditions prescribed in the contract, as well as his violation of legislative norms;
• moving to a different city;
• admission to an elective position;
• other reasons.

If the manager does not want to sign the dismissal order, arguing his decision by the absence good reason for this, this question can be resolved through a court or through a labor dispute resolution commission.

Employer's initiative

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

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

Among other things, the head of the organization, having decided to terminate a fixed-term contract with an employee, must take into account some of the 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 that led to this must be supported by facts. It could be memo, an explanatory letter from an employee, an act, a collection order.
• A person who has not reached the age of majority can be dismissed before the end of the term of the contract, if there is permission from state authorities.
• Compulsory compliance with the deadlines established by law.
• Obligatory payment of all compensations and guarantees.

Expiration date

The Labor Code of the Russian Federation allows to break off labor relations in accordance with Article 77. Given this article, an employee can be fired based on the expiration of the agreement. If neither the employee nor the employer insists on termination of the contract and the working relationship continues, then the document automatically loses its validity and becomes indefinite.

Dismissal terms

The terms of dismissal under a fixed-term employment contract vary depending on what exactly caused the dismissal:

• If the dismissal occurs at the request of the employee before the time 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 at the end of the term of the employment contract can be carried out on the day when the term of the agreement ends.

Registration procedure

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

• Notification with warning of impending dismissal.
• Drafting a dismissal order.
• Familiarization of the employee with the order of dismissal.
• Preparation of the calculation sheet.
• Acquaintance with the payroll.
• Calculation on the day of the employee's dismissal.
• Registration of a work book, making a note of dismissal and an explanation on what grounds the termination occurred labor activity.

Documents

Dismissal at the end of the term of the employment contract involves the preparation and completion of the following documents:

• Employee statement. If the dismissal occurs of his own free will, then the employee writes a statement two weeks in advance, where he indicates the reason for his decision. Usually they prescribe an article of the Labor Code of the Russian Federation and a paragraph of this article.
• Notification of 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 the dismissal, a request for confirmation of reading this notice must be written and the signature of the dismissed employee must be written.
• Dismissal order. 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 on familiarization. If for some reason the employee was not familiar with the order, a corresponding note should be made about this.
• The completed work book is handed out.

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

Employment history

It is necessary to make an entry in the work book form after the order is issued. An employee who quits his job must sign the ledger work books... By this he confirms that he received the document and agrees with all the records. The document is filled out by a manager or an authorized person (often an employee of the HR department or an accountant). The filling algorithm is discussed below.

• The first column contains a serial number that continues the previous record.
• In the second, the date of dismissal.
• In the third column, it is necessary to register the grounds for terminating 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 puts his signature on familiarization with the reason for the dismissal.
• The last column contains information about the document confirming the fact of dismissal.

If the employee has not received his employment form, the employer must indicate this fact and send the employee a notification that the document must be collected. If after that there is no reaction from the employee, then the labor is sent by mail to the actual address of residence indicated in the documents.

Payouts

In addition to receiving all the necessary documents, the employee must receive all the due payments on the day of dismissal. If it is 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 contested must be paid. The rest of the 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;
• cash reimbursements for all non-holiday vacations;
• severance pay (if required by law).

There are grounds (for example, liquidation of a 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:

• reimbursement of wages for several months;
• reimbursement of leave upon dismissal (provided that the employee did not rest the days assigned to him before dismissal).

Preferential categories

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

When dismissing women in position or mothers with children working on a fixed-term contract, there are some nuances:

• It is possible to dismiss a woman in a position either with the complete liquidation of the organization, or if the work consisted of replacing a temporarily unemployed employee who took up his duties. In other cases, a pregnant woman can only be fired after pregnancy and childbirth.
• The organization has the right to demand confirmation of her position from the woman during the entire pregnancy.
• If the term of the employment contract has expired while the woman is in the position, the employer must, at the request of the employee, and also after she provides medical document prolong the term of the employment contract until the end of pregnancy or the end of maternity leave.
• If the woman continues to work after childbirth, the employer can, according to her, terminate the employment contract with her within a week.
• On the initiative of the employer, an employment contract with a woman who has children under 3 years old, a mother who brings up disabled children who has not reached the age of majority, or children under 14 years old cannot be terminated.
• 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 old or a disabled person under 18 years old who is in a family with three or more children and the second parent does not work.

An employment contract (contract) with employees is terminated only on the grounds provided by law. The employer cannot dismiss the employee on far-fetched grounds, and the employee has no right to leave the job without good reason.

The procedure for dismissal of one's own free will with a fixed-term employment contract

The Labor Code and other laws provide for the grounds for terminating an employment contract (contract). In paragraph 3 of Art. 35 of the Labor Code provides that the employee's own desire can serve as the basis for terminating the 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, notifying the employer about this in writing one month in advance. From the content of the above norm, it is seen that, at his own request, an employee can quit 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 the employee, then at the employee's own request such employment contracts cannot be terminated. 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 about 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 one who leaves of his own free will - to establish his will. At the same time, the legislator admits that an application for dismissal of his own free will can be submitted by an employee not only during the period of his work, but also during absence from work for valid reasons (vacation, illness, fulfillment of state and public duties, business trip, etc.). The monthly warning period is calendar and begins the next day after the calendar date of application. For example, on October 10, 2005, the employee applied to the employer with a letter 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 monthly period begins on October 11 and ends on November 10, 2005, and therefore, on the last day of work (November 10), the employer must issue an order on dismissal of an employee under Art. 40 TC, give him a work book with a corresponding entry and make the final payment.

Moreover, if the last day of the term falls on a non-working day, then the next working day is considered the day of the end of the term. The legal significance of the 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 the employer dismisses the employee before the expiration of the one-month warning period and the employee disputes such dismissal, then the court will declare such dismissal illegal. An example from judicial practice.

L. applied to the court with a claim for reinstatement at her former place of work, stating that on October 21, 2004, she submitted an application for dismissal from her job of her own free will.

On October 25, she changed her mind and filed an application addressed to the manager to withdraw her letter of resignation. Since the HR manager refused to accept her application, she sent the application to the employer's address by registered mail... Despite the fact that the personnel department was aware of the withdrawal of the letter of resignation, on October 25, 2004, an order was signed to dismiss L. from work under Art. 40 TC. L. considers the dismissal to be illegal, since she did not give her consent to shorten the one-month warning 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, the court concluded that the plaintiff had been dismissed by the employer without legal grounds. In accordance with Part 3 of Art. 40 TC L. has the right to withdraw his letter of resignation in writing at any time before the expiration of the warning period. The employer was not entitled to issue an order before the expiration of one month from the day of the warning. At the hearing, the plaintiff changed her claims and refused to reinstate her at work, believing that the employer would treat her biasedly, since she lost the process. In such a situation, the court considered it appropriate in accordance with Part 2 of Art. 243 TC, with the consent of the plaintiff, to impose on the employer the obligation to pay L. compensation in the amount of ten times the average monthly earnings. In addition, at the request of the plaintiff on the basis of Art. 246 of the Labor Code, the court ruled on compensation for moral damage. According to Part 2 of Art. 40 of the Labor Code, an employment contract may be terminated at the employee's own request and before the expiration of a month's notice period, if there is an agreement between the employee and the employer, as well as in cases provided for in the collective agreement. Consequently, the legislator admits that the parties, by their written agreement, can determine a shorter warning period.

For example, if an employee filed an application for dismissal of his own free will on October 5, 2005 and asked to fire him on October 20, 2005, and the employer, on the employee's application, issued a resolution to consent to dismissal on October 20, then this indicates a reduction in the monthly warning period by agreement parties. At the same time, the employer has the right to refuse to reduce the monthly warning period by issuing a resolution stating that he agrees to dismissal after the expiration of the one month period. In this case, the employee, if he has not changed his decision and has not withdrawn the letter of resignation, is obliged to work out the monthly period established by law. If the employee leaves work without good reason before the expiration of the warning 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) warning periods both for a particular category of employees and for all employees without exception. For example, collective agreements may establish a two-week notice period of voluntary dismissal for single mothers, evening students, part-time students, etc.

As already noted, the employee has the right to withdraw his letter of resignation at any time before the expiration of the warning period (including the reduced period). To do this, it is enough for him to submit a written application to the employer to revoke the letter of resignation. Dismissal in this case is not allowed. If the employee did not withdraw his application in writing, then the employer is obliged to dismiss on the last day of work in accordance with the rules established by labor legislation. Let us illustrate this output with the following example.

Z. applied to the court with a claim to reinstate her at her previous place of work, to collect wages for the time of the forced absence and to recover 1 million rubles. in compensation for moral damage, indicating in a statement that the employer dismissed her from work of her own free will unlawfully, as she changed her mind to quit.

At the hearing it was established that Z. had submitted a letter of resignation of her own free will due to the fact that she had been moved to another workplace in another workshop. After working for a month, the plaintiff got used to it and wished to continue working. The plaintiff explained that she did not submit a written application to withdraw the letter of resignation of her own free will, hoping that she would continue to work and that would be enough. On the last day of work, after one month from the day of the warning, the employer issued an order to dismiss Z. under Art. 40 TC, duly formalized her work book and made the final payment. Since Z. had not withdrawn her letter of dismissal in writing, the court reasonably recognized her dismissal as legal and dismissed Z.'s claim for reinstatement at her previous place of work, the collection of wages and compensation for moral damage.

In the example given, the employment contract could be continued only if the employer had not issued an order for the dismissal of Z. Directing judicial practice, the Plenum The Supreme Court Of the Republic of Belarus in Resolution No. 2 of March 29, 2001 "On Certain Issues of the Application of Labor Legislation by the Courts" (hereinafter referred to as the Resolution) explained that if after the expiry of the warning period the employment contract was not terminated and the employee does not insist on dismissal, considered continued (item 21). At the same time, if, during the warning period, another employee is invited to the place of the quitting employee, who, in accordance with the law, cannot be denied to conclude an employment contract, the employee's refusal is not accepted and the latter is subject to dismissal of his own free will (part 3 of article 40 TC). The employees who cannot be denied to conclude an employment contract include, in particular, persons: invited to work in writing by transfer from one employer to another by agreement between them; those who arrived at work in accordance with the application of the employer or the concluded contract after graduation from the educational institution; those who arrived at work after graduating from state educational institutions in the direction (Article 16 of the Labor Code, Article 10 of the Employment Law). Dismissal of one's own will will be legal if the submission of a letter of resignation is a voluntary expression of the will of the employee. IN jurisprudence attention is constantly drawn to this circumstance. There are cases when the employee's will to dismiss of his own free will is absent.

Let us illustrate this output with the following example.

The court of first instance satisfied S.'s demand for reinstatement at work, indicating in the decision that during the period of writing the letter of dismissal of his own free will, S.'s will was not free. During the examination of the case by the court, it was established that on September 12, 2005 S. filed a letter of resignation of her own free will. According to the testimony of witnesses, on the day of filing the application, S. was in an agitated state (she was nervous, showed dissatisfaction with the work, threatened the employer with violence). On the same day, 12 September, S. was fired from her job of her own free will. In the period from 13 September to 3 October S. was undergoing treatment at a neuropsychiatric dispensary. According to the expert opinion, on 12 September 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. After evaluating the evidence, the court came to the correct conclusion that during the period when the plaintiff was writing her letter of dismissal of her own free will, her expression of will was not free, and therefore she must be reinstated at her previous place of work. Of course, the employer's arguments that S. for health reasons cannot perform work under an employment contract deserve attention, but these arguments are not grounds for recognizing the dismissal of his own free will as lawful. If the work performed is contraindicated for S. for health reasons, then the employer has the right to fire her under paragraph 2 of Art. 42 TC (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 apply for dismissal of his own free will. If the employer forced the employee to apply for dismissal, then such dismissal by the judicial authorities is recognized as illegal. In order to avoid judicial errors and in order to uniformly and correctly apply the provisions of labor legislation, the Plenum of the Supreme Court in the said Resolution clarified that if the plaintiff claims that the application for dismissal was filed under the threat of his dismissal for guilty actions, then upon establishing that he had actually committed such actions and the employer had grounds for dismissing the plaintiff, filing a resignation letter of his own free will cannot be considered forced (paragraph 21). The following example is typical.

Having considered the case on K.'s claim for reinstatement at work, the court dismissed her claim, motivating the refusal by the fact that filing an application for dismissal 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, that before filing a letter of dismissal she was absent from the workplace (November 4) without good reason for more than three hours. On November 6, K. filed a letter of resignation and asked to be fired on November 6. On the same day, the employer issued an order to dismiss K. of his own free will. Since the court session found confirmation of the fact that the employer had grounds for bringing K. to disciplinary liability up to and including dismissal (paragraph 5 of Article 42 of the Labor Code), the court came to the correct conclusion that the employer's lawful actions on the possible application of disciplinary measures to the offender labor discipline should not be regarded as coercion to submit a letter of resignation at will. The filing of the application was a voluntary expression of the will of the plaintiff in order to avoid the negative consequences of the application of disciplinary measures.

According to Part 4 of Art. 40 of the Labor Code, in the presence of circumstances that preclude or significantly complicate the continuation of work (health status, retirement age, radioactive contamination of the territory and other cases), as well as in cases of violation by the employer of labor legislation, collective agreement, agreement, labor contract, the employer is obliged to terminate the employment contract in the term specified in the employee's application. Commenting on this provision, let us note that although the legislator obliges the employer to dismiss the employee of his own free will within the time 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 the occurrence of conflict situations... As a rule, such circumstances include not only the state of health of the employee himself, but also the state of health of family members, the need to care for them, enrollment in an educational institution with a break from work, moving to another permanent place of residence, transfer of the husband (wife) to another job to another locality, etc.

An employee's vacation, as well as his temporary incapacity for work, are not an obstacle to terminating an employment contract of their own free will. 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 leaving of their own free will without the written permission of the criminal executive inspectorate. The permit can 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 to the 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 Evgeny Valentinovich

License to practice law No. 02240/965.

Place of work: legal consultation No. 2 of the Frunzensky district of Minsk

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

Contacts
+375333050023
+375293069331
[email protected]

Should we notify an employee about dismissal if he works under a fixed-term contract, or the contract terminates automatically when the term expires?

"Human Resources Department", 2008, N 5

Question:Should we notify an employee about dismissal if he works under a fixed-term contract, or the contract terminates automatically upon expiration?

Answer: A fixed-term employment contract terminates with the expiration of its validity period, about which the employee must be notified in writing at least 3 calendar days before dismissal in accordance with Art. 79 of the 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 dismissed 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 on general 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 the termination of the employment contract in strict accordance with the wording of the article Labor Code (part 5 of Art. 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 case 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 take a letter of dismissal from the employee and make a reference in the order to him. But this is not true. No statements are needed. The State Labor Inspectorate for Nizhny Novgorod region explained: in the order for the dismissal of the "conscript" the number and date of the notice of termination of the employment contract, which the organization must send to the employee, is put down.

———————————
<1> Approved by the Resolution of the State Statistics Committee of Russia dated 05.01.2004 N 1 “On approval of unified forms of primary accounting records on labor accounting and remuneration. "

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, an exception is indicated - cases when a fixed-term contract was concluded for the duration of the absence of another employee (for example, during maternity leave). Remember that the company that has entered into a fixed-term employment contract needs to track the expiration date.

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

If the term has expired, but neither the company itself 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, Rostrud Letter dated 20.11.2006 N 1904-6-1).

T.V. Shadrina
Magazine editor
"Human Resources Department"

Signed to print
22.10.2008

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

Termination of employment contract

Termination of a fixed-term employment contract occurs due to the expiration of its validity period, about 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 handed in personally against signature, or sent by mail. In order to avoid litigation and the prospects for recognizing the dismissal as illegal, the employer, in confirmation of the fact that the notification was sent by mail, should draw up an inventory of the attachment indicating the name of the attached document.
However, an employee hired for the duration of 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 provisions 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 the expiration of its validity period at least three calendar days before dismissal, unless the term of a fixed-term employment contract concluded at the time of the performance of the duties of the absent employee expires

Because unified form there is no this document, I offer you a sample notice of termination of a fixed-term employment contract.

Limited company
responsibility "Alpha"
legal department specialist
A.B. Khrustaleva

NOTIFICATION
07.07.2017 № 1

Termination of an employment contract

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

Director:

K.M. Bezrukov

I have read the notification, a copy has been received:
Legal Department Specialist:

A.B. Khrustaleva
07.07.2017

Hiring for temporary jobs and dismissal.

When hiring such a job, the employee presents to the employer for general principles everything required documents, named in Art. 65 of the Labor Code of the Russian Federation.

When concluding an employment contract, in addition to the mandatory conditions provided for in Art. 57 of the Labor Code of the Russian Federation, it should be noted that labor relations are temporary in nature, indicate the duration of the contract and the reasons for its conclusion, for example: “An employee is hired for a temporary job as an“ auditor's assistant ”to audit accounting documents for two months. The term of the agreement is from 10.10.2011 to 09.12.2011 ". On the basis of a fixed-term employment contract, a job order is issued.

The instruction for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69, does not provide for the entry in the work book of an entry on the urgent nature of the concluded employment contract. And according to clause 3.1 of this instruction, when hiring, in column 3 of the employee's work book, a record is made about the acceptance or appointment to the structural unit of the organization, indicating its specific name (if the condition for work in a specific structural unit included in the employment contract), title of position (work), specialty, profession with qualifications. The record 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, a probationary period is not established for them (Article 289 of the Labor Code of the Russian Federation).

With regard to the dismissal of a temporary worker, the conditions for terminating a fixed-term employment contract are established in Art. 79 of the Labor Code of the Russian Federation. In this case, it will terminate when it expires. At least three days before that, the employee should be warned about the termination of the employment contract on the basis named. Upon dismissal, the following entry is made in the work book: "The employment contract was terminated due to the expiration of its validity, clause 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 has not demanded the termination of labor relations in connection with the expiration of the contract, then he is considered concluded for an indefinite period (part 4 of article 58 of the Labor Code of the Russian Federation).

As a reminder, a temporary worker is entitled to paid leave at the rate of two working days per month of work. If the employee does not take leave, compensation is paid to him upon dismissal (Article 291 of the Labor Code of the Russian Federation).

Extend or renegotiate 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 who is 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 conclude a new one?

The Labor Code does not provide for the extension of a fixed-term employment contract, except for 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 providing 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 term of the fixed-term employment contract with the 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 clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 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 in the course of court proceedings the fact of multiple conclusion of fixed-term employment contracts for a short period of of 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 proceed in similar situations... Some experts believe that the extension of the employment contract for a new term is not allowed, and if the parties intend to continue the employment relationship after the expiration of the contract, they need to terminate the current employment contract and conclude a new one for the same or a different period.

On the other hand, the Labor Code, establishing the possibility of making any changes to the employment contract (Art. 72), does not specify whether it is urgent or indefinite. Rostrud also believes that before the expiration of the employment contract, changes may be made to it by drawing up and signing an appropriate agreement (see Letter No. 4413-6 of 31.10.2007).

We adhere to the second point of view - it is allowed to extend a fixed-term employment contract in certain circumstances, for example, when an employee was hired to perform a known job and its completion cannot be determined by a specific date, or when an absent employee who retains a place of work is unable to return to fixed time. But the contract can be extended for no more than five years (Article 58 of the Labor Code of the Russian Federation). Otherwise, you need to conclude a new contract.

In the situation described in the question, you can conclude supplementary agreement, but it is more expedient not to extend the term of the contract, but to change the term of its validity to the following: "The contract is concluded for the duration of the performance of the duties of the absent employee, for whom, in accordance with labor legislation, the place of work is retained."

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

The employer of our organization made a decision to reduce the staff.

Features of dismissal under a fixed-term employment contract

An employee who works under a fixed-term employment contract instead of an employee who is on parental leave for a child under three years old falls under the reduction. 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 of the Labor Code of the Russian Federation.

One of the grounds for terminating an employment contract on the initiative of the employer is to reduce 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 workers about this two months in advance and pay them severance pay. The exception is employees with whom fixed-term contracts have been concluded for the period of seasonal work or for a period of up to two months: when the number or staff of the organization's employees is reduced, the employer is obliged to notify seasonal workers of the upcoming reduction seven calendar days in advance, and employees who have entered into an agreement for 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-week 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 a place of work (position). Women with children under three years of age, single mothers raising a child under 14 (a disabled child under 18), and other persons raising children without a mother cannot be dismissed 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 of article 81 of the Labor Code of the Russian Federation.

As for a conscript worker, you can dismiss him on the initiative of the employer on general grounds: absenteeism, appearance at work in a state of alcoholic intoxication, 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 keep the place (position) for an employee who is on parental leave for a child under the age of three years.

For how long is a fixed-term employment contract and document features

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

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

The 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. Timing when you need to start work.
2. Position, profession, qualification level.
3. Where the work will take place.
4. Rights, responsibilities groan.
5. Description of the characteristics of labor, compensation in the presence of difficult conditions.
6. Payment order.
7. When the employee will be given rest, when it is necessary to start and finish work.
8. Characteristics of social insurance.

If one of the listed points is not there, the contract is called in violation.

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

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

For execution job responsibilities under a fixed-term contract, any employees with the required skill level are used. So that a fixed-term contract does not become a violation, you need to know in what situations it is possible to conclude it.

Everything about dismissal under a fixed-term employment contract of your own free will

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

• If for execution professional responsibilities does not take more than 2 months.
• If a team member is temporarily unable to take up duties, and other team members cannot be replaced.
• 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.
• For specific tasks within a limited time frame.
• During the internship.
• When employing a person referred by the employment service.
• When employed as an alternative civilian service.
• Other cases that do not contradict applicable laws.

The employment contract should be examined very closely

The above restrictions 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 by situations when the contract is signed by agreement of the parties. They can be like this:

1. Hiring pensioners. If a person works on a permanent basis, then achieving retirement age is not considered a legitimate reason for his transfer to a fixed-term contract.
2. Arrangement of people with disabilities health, having by law the possibility of only temporary employment. In this case, a medical certificate is attached, drawn up according to the requirements of the current legislation.
3. Employment in a small business-related company. In this case total amount hired workers should not be more than 20 people.
4. Place of work - the Far North or regions with a similar status.
5. When hiring to eliminate the consequences of disasters, emergencies.
6. Upon admission to a place on a competitive basis.
7. When employing creative workers, athletes.
8. Hiring managers, deputies, chief accountants, the type of enterprise does not matter, as well as the form of ownership.
9. Part-time reception.

Fixed-term employment contract: sample

In contracts of this type, data are recorded similar to the perpetual option. The document must necessarily contain the following:

1. Full name of the person, his data;
2. organization data;
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. data about the employee who is hiring;
8. characteristics of social insurance;
9. additional data on the nature of work, special conditions.

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

• a description of the reason that became the basis for this method hiring;
• validity period (both a temporary designation and an indication of the performance of specific volumes of work);
• when hired for a period of 2 months - six months - an opportunity probationary period in 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, terms of the end of the contract (no more than 2 months);
• to issue an order, take the form T-1, T-1a, in which the lines "from" and "to" are filled in 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 they write: "... in connection with the expiration of the employment contract."

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

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

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

All other time frames for registration of a fixed-term contract affect only the procedure for establishing a trial period. You can name other cases when a fixed-term contract begins to be considered indefinite.

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

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

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

Features of the termination of a fixed-term contract

A fixed-term contract can be converted into an unlimited

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

1. When the validity period expires, the contract is terminated or drawn up for an indefinite period.
2. The reasons must be named.
3. The employee is notified of the termination of the contract no later than 3 days before the date. For this, a written notice is drawn up.
4. Basic requirements for written notification: full name, terms, full name of the organization, reasons that became the basis for terminating the contract. The form does not matter.
5. You can terminate the document earlier than the deadline specified in the document.
6. If an employee is hired for a permanent job after a fixed-term contract, dismissal is not required.
7. If a woman carrying a child is employed under a fixed-term contract, she remains employed at this place until the end of maternity leave. She cannot be fired before this period. However, there are some exceptions here. If this woman is employed for the period of absence of the employee, and he goes to the same place, then the pregnant woman is offered another position. If there is no vacancy suitable for her qualifications and health features, then the contract is terminated.
8. If the term of the contract has ended, the employee is not entitled to insist on further work on this place... The management, in turn, cannot keep the employee, prevent his dismissal.
9. If the agreements expired, the employee notified the employer that he was stopping work, worked the last day and did not come again, this cannot be designated as absenteeism.
10. The mode of work, rest.

The video material will acquaint you with the features of registration of a fixed-term employment contract.

A fixed-term employment contract implies hiring for a certain designated period. In accordance with legal regulations, such an agreement is drawn up if it is impossible to conclude a long-term employment relationship. In practice, the scope of a fixed-term contract extends far beyond the scope of this definition.

Grounds for signing a fixed-term employment contract

The provisions of Article 59 of the Labor Code of the Russian Federation indicate the mandatory grounds for concluding a fixed-term employment contract:

1. Substitution of a temporarily unemployed permanent employee.
2. Carrying out seasonal or other work for a period not exceeding two months.
3. Execution of labor operations completed by a certain moment.
4. Conducting special types of work and services that are not included in the usual types of work and services produced by the company.
5. Foreign business trip.
6. Employment affiliated with internship or training.
7. Passage of alternative civilian service.
8. Temporary work performed by persons in the direction of the Employment Center.
9. Work performed by specialists in certain types of professions: lawyers' assistants, prosecutors and other civil servants.

Fixed-term contract is different from usual labor agreement the fact that it indicates a specific date for its completion or the end of the production of the agreed labor operation and service. A fixed-term employment contract provides for a completely legitimate dismissal of a worker after a certain period of time or upon performing a business function specified in the contract.

Grounds for terminating a fixed-term contract

The most common reasons for the dismissal of an employee who worked under a fixed-term contract are:

1. Return of an employee who works in the company on a permanent basis and performs the duties and functions that were performed for him by an employee who was hired under a fixed-term contract.
2. The end of the contract or the end of the employee hiring season (Article 77 of the Labor Code of the Russian Federation).
3. Dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
4. Desire (initiative) of the most temporary worker (Article 80 of the Labor Code of the Russian Federation).
5. Employer's initiative (Article 81 of the Labor Code of the Russian Federation).

Sequential steps to terminate a fixed-term employment contract

The procedure for dismissing an employee is generally similar to the process of dismissing an employee working under a long-term agreement.

In this process, the following successive stages are distinguished:

1. Dismissal warning.
2. Issuance of a dismissal order.
3. Recording in the work book.
4. Issuance of a work book and other mandatory documents.
5. Final calculation.

Termination notice

The end of the period for which it was drawn up shall be deemed to be the basis for termination of a fixed-term contract. The time of completion of the contract can be specified in the form of a specific date or tied to the end of the production of any specific work or service. Dismissal is issued on the basis of the instructions of Article 79 of the Labor Code of the Russian Federation.

This article states that before dismissal, the employee is presented with a notice of the upcoming termination of employment. It is issued in the form of a warning drawn up in a written free form. The employee must read the notice no later than three days before the date of the planned dismissal.

A notice of dismissal under the terms of a fixed-term employment contract is given to the employee at least three days before the end of the contract

The document indicates the date of completion of the contract and the basis for its liquidation. And also in the notification, the full name of the employee, his position, date of employment and mailing address, if the document is sent by mail, must be recorded in full.

It is best to hand the notification personally to the employee against his receipt. If he refuses to familiarize himself with the notification and from the signature, then an act of refusal is drawn up. On this act, it is necessary to put three signatures and make a note that the dismissed employee got acquainted with the content of the document, but refused to sign it. When fixing such a postscript, it will be difficult for the dismissed employee to prove that he was not informed about the upcoming dismissal.

The act of the employee's refusal to familiarize himself with the notification handed to him is certified by three signatures of witnesses of this refusal

If it is not possible to hand over the notification, then you can send it by registered mail with a list of attached documents to record their delivery.

However, if a temporary employee is hired for the period of absence of a permanent employee, then there is no need to give him advance notice. True, all these nuances upon the return of a permanent employee and the simultaneous departure of the employee who replaced him must be stated in the terms of the contract.

Execution of a dismissal order

After three days after the notification, an order is issued to terminate the fixed-term contract. It, as in the case of dismissal under a long-term contract, is drawn up on a unified form T-8, when one employee is dismissed, or on form T-8a, when an employment contract is terminated with several employees at once.

The dismissal order is drawn up on a standard T-8 form. Acquaintance with the order is recorded by the signature of the dismissed employee

The legal basis for the termination of a fixed-term contract is not only one special article 77. And also this contract can be terminated on a more general basis, based on the provisions of other articles of the Labor Code of the Russian Federation:

• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• the employee's initiative (Article 80 of the Labor Code of the Russian Federation);
• the employer's initiative (Article 81 of the Labor Code of the Russian Federation).

Based on the specific situation, the order applies a suitable basis for the termination of the employment relationship.

Registration of a work book

An entry in the work book about the dismissal is made on the day the order is issued (part 4 of article 84.1 of the Labor Code of the Russian Federation). The registration of the book is carried out in accordance with the Instructions of the Ministry of Labor of the Russian Federation No. 69 of 10.10.2003.

An entry in the work book about the dismissal is made on the day of the publication of the order to terminate the fixed-term contract

In the record of the work book, the reason for the dismissal is indicated by the reason given in the order of dismissal. If the emphasis is on dismissal under a fixed-term contract, then the following entry is made in the work book: "Dismissed due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation."

In this case, in the phrase about dismissal, you can equally use the expressions: "dismiss", "the contract is terminated" and "the contract is terminated."

All three ways of writing are equally correct.

Issuance of a work book and other documents

The book is issued on the day the record of the end of the contract is entered into it. Simultaneously with its receipt, the dismissed employee must put his signature in two documents:

• in the Book of records of work books and inserts (Appendix 3 of the Resolution of the Ministry of Labor of the Russian Federation No. 69 of 10.10.2003);
• on a unified form in the form "T-2" of a personal card (Resolution of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004).

In addition to the book, this main journal characterizing the passage of service, the dismissed worker can receive other documents. Among them, one can single out both mandatory certificates and other documents that the employee has every right to request additionally.

TO mandatory documents relate:

• certificate of income for three months;
• certificate in the form 2-NDFL for the year;
• document on pension contributions.

The employee may also require other documents. These most common additional documents include:

• information about work experience;
• copies of orders for employment, dismissal, transfer to other positions, awards, etc .;
• medical and sanitary books;
• extracts from personalized accounting forms: SZV-M, ZZV-STAZH, section 6 RSV-1 PFR and others.

Calculation

Regardless of the reasons for the termination of the contract, the employer is obliged, upon dismissal of the employee, to make a full settlement with him in the form of various targeted payments, which primarily include:

• wage for the days worked for the last month (Article 140 of the Labor Code of the Russian Federation);
• compensation for unused vacation (part 1 of article 127 of the Labor Code).

And also upon dismissal due to the termination of a fixed-term contract, other payments may be issued that are not specified in the Labor Code, but are conditioned by the specific conditions of the employment contract, for example, severance pay or bonuses for conscientious work.

Salary and vacation pay are subject to income tax individuals (Personal income tax). In addition, they are paid insurance premiums in three all-Russian funds: pension, social insurance and compulsory health insurance, as well as in territorial compulsory health insurance funds.

Accrued wages and vacation compensation are included in the amount of the employee's remuneration (part 1 of article 255 of the Labor Code of the Russian Federation).

In addition, according to the Decree of the Government of the Russian Federation No. 184 of 03/02/2000, wages are subject to contributions for injuries. It is logical that accruals for injuries are not made for the amount of compensation for the vacation.

As for the severance pay, in the case of the dismissal of an employee under a fixed-term contract, it can be issued in the amount of his average monthly earnings. At the same time, severance pay, calculated in an amount not higher than permitted by the law (in our case for one month), is not subject to taxation and, accordingly, is not included in the payroll. In other words, severance pay is not subject to income tax (personal income tax) and insurance premiums (subparagraph "d" of clause 2 of part 1 of article 9 of Law No. 212-FZ of 24.07.2009).

Preferential categories for dismissal under a fixed-term employment contract

Termination of labor relations under a fixed-term contract has its own nuances, one of which is the possibility of dismissing an employee who is on sick leave or on legal leave.

The fact is that such a dismissal is not a termination of the contract at the initiative of the employer. By concluding a contract for certain period, the employee agrees with the terms of his temporary work and his dismissal on the agreed date is just a consequence of this agreement, and not the whims of management.

For example, if an employee was on sick leave at the end of his fixed-term contract, he can still be legally dismissed on a general basis. Moreover, in this situation sick leave this employee must be paid by the enterprise with which he had a fixed-term contract (Article 183 of the Labor Code of the Russian Federation). Moreover, the employer pays the sick leave to his temporary worker, even when the illness has occurred within a thirty-day period from the date of his dismissal.

Even pregnant women who cannot be dismissed on a general basis fall under this rule. True, not in all cases pregnant women working on a fixed-term contract can be fired, but only if a woman replaces the job of a temporarily absent full-time employee. As soon as an employee replaced by a pregnant woman returns to her previous job, she can be fired.

In other circumstances, the dismissal of a woman during pregnancy, even after the expiration of her contract, at the initiative of the employer is not permitted. In this case, at her request, the term of the contract is extended until the end of the pregnancy.

But when such a woman continues to work after pregnancy, the management of the enterprise has the right to fire her under Article 261 of the Labor Code of the Russian Federation within seven days after the end of pregnancy.

And also the prohibition on dismissal at the initiative of the employer under Art. 261 applies to the following groups of beneficiaries:

• women with children under three years old;
• single mothers who are dependent on a disabled minor or a child under 14;
• a parent or other legal guardian of a child who is the breadwinner of a minor child under three years of age or a disabled minor in a family with three or more young children, provided that the other parent does not work anywhere.

Work based on the pillars of a fixed-term contract is not particularly encouraged by law, but it is fairly common. The main thing is that at the same time the implementation of a fixed-term labor agreement and especially the process of dismissal should take place in full compliance with the provisions of the Labor Code of the Russian Federation.