Dismissal under a fixed-term employment contract: stages of the procedure, sample application, procedure for terminating the contract, and how to properly dismiss an employee after the expiration of the term?

When is a fixed-term employment contract concluded?

The Labor Code provides that dismissal is carried out at the request of the employee or at the initiative of the employer. The employee’s desire is expressed in a statement; forced dismissal is possible only if there are compelling reasons listed in the Labor Code.

Termination of an employment contract concluded for a certain period does not fall into any of the categories. In this case, immediately upon conclusion of the contract, its end date is determined, which is indicated in the acceptance order.

Fixed-term contracts are concluded for various periods – from several days for one-time work to 5 years. The most commonly used options are:

for 2 months;
for the period of seasonal work (harvesting, summer off-site trading, and so on);
for the period of absence of the main employee due to illness, maternity leave and other reasons.

Orders to replace another employee usually do not indicate the exact date. In this case, the day of dismissal falls on the day before the departure of the main employee.

Article 77 of the Labor Code of the Russian Federation states that if neither party has timely expressed a desire to terminate the contractual relationship, then the contract becomes unlimited. This fact is not reflected in any way in the work book. To fix it legally, an appendix to the employment contract and a corresponding order are drawn up.

This is also important to know:
Dismissal of employees due to liquidation of an enterprise in 2021: procedure, payments, challenges

HR departments of enterprises carefully monitor compliance with deadlines so that it does not turn out that a temporary person suddenly switches to the position of a full-time employee. The main reasons for using temporary contracts:

the need to perform one-time work;
the desire to save on wages, since payment terms under fixed-term contracts often differ to a lesser extent;
absence of technical positions in the staffing table (cleaners, security guards, archivists).

In the latter cases, two-month contracts are concluded, which are terminated in a timely manner, and then, after a few days, renewed again. This practice can be challenged in court, as a result of which employers are forced to transfer employees to open-ended contracts.

Tips for those who accept the option of early dismissal

Labor dispute specialists recommend that before concluding a fixed-term contract, you carefully study the entire text of the contract and substantively discuss each clause that affects the mutual obligations of the future employee and his employer. This precaution will help to identify points that may subsequently be interpreted as violations of the terms of the fixed-term contract being signed.

This clause primarily applies to professional athletes. According to Article 348.12 of the Labor Code of the Russian Federation, breaking a fixed-term contract for them may be fraught with the payment of a serious penalty to the employer if there is no compelling reason to terminate the contract.

Article 348.12. Features of termination of an employment contract with an athlete or coach

All other participants in labor relations do not face such costs in a similar situation, however, they should also think through all actions in advance - and only then voice a decision on early termination of the contract with the wording “on their own.” Ideally, the possibility of terminating a fixed-term employment contract should be provided for even before it is signed by the employee and the employer.

Video - Grounds for termination of an employment contract

Rules for drawing up a notification

Notice or notice of upcoming dismissal is drawn up no later than 3 days before the end of the employment contract.

This is also important to know:
the day of dismissal is considered a working day or not

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The text of the notification must contain:

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name of the organization, i.e. the document is drawn up on company letterhead or a corner stamp is used;
the full name of the employee, his position and the name of the structural unit are indicated, all listed data must coincide with the order for admission or the last order for the transfer of the employee;
the title of the document is compiled arbitrarily, as long as it reflects its content;
since the document is an address to a citizen, it is customary to use the polite form “Dear First Name and Patronymic”;
The text begins with the words “notify” or “warn”;
The article of the law must be indicated as the basis for dismissal. 77 of the Labor Code of the Russian Federation (clause 2 of part 1);
details of the contract for urgent performance of duties are provided, indicating its date and number;
the document is signed by the head of the organization or the person replacing him, i.e. the one who has the right to sign orders, enter into and terminate contracts;
the date of the notification is set;
Below is the entry “I have read the notification”, under which the person familiarized with it must sign with a transcript and the date of familiarization.

A notice of dismissal under a fixed-term employment contract is registered in the order book, filed and stored, like other personnel documents, for 75 years.

It is enough to make one copy of the notice, but in most cases they make two copies or take a photocopy to give to the person being dismissed.

If it is impossible to hand it over in person, then the notice is sent by registered mail. To confirm the fact of delivery use:

content inventory;
notification of delivery.

Failure to comply with the basic rules for filling out the notice, for example, mismatch of dates, lack of signature on familiarization, may be considered by the court as a fact of illegal dismissal. The presence of a notification equates the action to an initiative of the administration, i.e. An application from the employee is not required.

Rules for drawing up an order and filling out a work book

The Resolution of the State Statistics Committee of the Russian Federation of 2004 approved the main samples of administrative documents, including the dismissal order in the T-8 form.

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Application for leave followed by dismissal

The following details are required in the order:

Date of preparation;
registration number;
document's name;
Full name and position of the dismissed employee;
information about the employment contract that is terminated by this order;
grounds for dismissal (expiration of the temporary contract);
article from the Labor Code of the Russian Federation - art. 77 of the Labor Code of the Russian Federation (clause 2 of part 1);
date of termination of the employment relationship;
manager's signature;
signature of the familiarized person with transcript and date;
in case of refusal, a note is made about this, which is signed by at least two employees;
The previously drawn up and served employee notification is indicated as an annex to the order.

One copy of the order is given to the employee, the second is filed in the file according to the nomenclature.

Automatic transformation of STD to BTC

The most important rule for an employer to remember when working with temporary employees is:

If the expiration date of a fixed-term employment contract has arrived, but neither of the parties, neither the employee nor the employer, has expressed a desire to terminate the employment relationship, the fixed-term contract by law becomes indefinite.

For example, if an employer accidentally forgot that his contract with Mr. Petrov expires on February 1, and the latter continues to do his job, then he automatically becomes a permanent employee. Then the employer will be able to dismiss him subsequently only on a general basis, having lost the opportunity to use the reason “expiration of the TD”.

If the nature of the employee’s work allows him to legally conclude an open-ended contract and both parties want to continue to cooperate, then it is enough for them not to do anything until the expiration of the contract. Then the parties enter into an addendum. agreement to the employment contract, and this will be the end of the documentation.

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Probation period: Articles 70, 71 of the Labor Code of the Russian Federation

If the employer is legally unable or unwilling to continue his employment relationship with the employee for various reasons, then he needs to take specific actions in relation to the latter. Which? Let's look at it in the next paragraph.

Filling out a work book

Handing over a work book confirms the fact of dismissal. In accordance with Part 4 of Article 84.1 of the Labor Code, it is issued on the last day of work. The former employee is required to sign and date the work record book.

The last entry must contain data from the order - date, number, wording.

According to Article 84.1 of the Labor Code, the standard entry should look like this:

The employment contract was terminated due to the expiration of the employment contract (clause 2.part 1, article 77 of the Labor Code of the Russian Federation)
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.

How many days in advance do you need to give a conscript a notice of dismissal?

To avoid conflicts with an employee or regulatory authorities, the head of the enterprise needs to notify the conscript of dismissal in advance. This is stated in the comments to Article No. 79 of the Labor Code of Russia.

The employee must be notified of the termination of the employment relationship in writing at least three days before the expected event. Ignoring this rule makes it impossible to terminate a fixed-term contract. In accordance with the fourth part of Article No. 58 of the Labor Code, the contract is considered extended for an indefinite period if, after the expiration of the established period, none of the parties demanded its termination.

Financial calculation

Despite the fact that the employee worked temporarily, full payment is made to him, including the last day of work. Funds are transferred to the card or issued in cash.

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The total amount includes:

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wage;
compensation for unused vacation;
benefits if the dismissal coincides with the reorganization or liquidation of the enterprise

The rules for calculating compensation for vacation differ depending on the duration of the contract:

For a contract period of up to 11 months, compensation is calculated at the rate of 2 days of vacation for each month worked. A month is considered complete if the employee has worked in it for at least 15 days. If there are fewer days worked, the month is not counted and vacation pay is not accrued;
if the contract is concluded for a period of more than 11 months, then a different coefficient is used when calculating - 2.33 days per month worked.

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Compensation upon dismissal by agreement of the parties

Information about dismissal is included in the next reporting to the pension fund.

Work upon dismissal

An employee working under a fixed-term contract can leave at any time of his own free will. In this case, the usual dismissal rules apply, i.e. at least 14 days must pass from the date of filing the application to the actual dismissal (except for cases of dismissal without service provided for by law).

Fact
The exceptions are persons whose contract period does not exceed 2 months or seasonal employees. For them, the working period is 3 days.

Preferential categories

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

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

A woman in a position can be fired either if the organization is completely liquidated, or if the work involved replacing a temporarily unemployed employee who has assumed his duties. In other cases, a pregnant woman can be fired only after pregnancy and childbirth.
The organization has the right to require confirmation of her status from the woman throughout her pregnancy.
If the term of the employment contract has expired while the woman is pregnant, the employer must, at the request of the employee, as well as after she provides a medical document, extend the term of the employment contract until the end of pregnancy or the end of maternity leave.
If after giving birth a woman continues to work, the employer can, according to Art. 261 of the Labor Code of the Russian Federation, terminate the employment contract with her within a week.
At the initiative of the employer, an employment contract cannot be terminated with a woman who has children under 3 years of age, a mother who is raising disabled children who have not reached the age of majority, or children under 14 years of age.
A fixed-term employment contract of the Labor Code of the Russian Federation does not allow termination by the employer if the employee is the breadwinner or guardian of a child under three years of age or a disabled person under 18 years of age in a family with three or more children and the second parent does not work.

Dismissal of a temporary employee for other reasons

At your own request

The exceptions are persons whose contract period does not exceed 2 months or seasonal employees. For them, the working period is 3 days.

At the initiative of the employer

Before the end of the contract, an employee may be dismissed at the initiative of the employer. All possible cases are specified in the Labor Code. Main reasons:

liquidation or reorganization of an enterprise;
staff reduction;
violation of labor discipline by an employee (absenteeism, drunkenness in the workplace, failure to fulfill official duties);
damage to the enterprise (theft, transfer of commercial information to third parties, damage to property);
provided false documents about qualifications, education, work experience.

All actions of the employer must comply with the general rules of dismissal provided for by the Labor Code.

Dismissal of persons on sick leave and pregnant women

An ill employee is not entitled to an extension of the contract period during illness. The administration may notify him in writing or in person. In the same way, the dismissal order and work book are handed over.

This is also important to know:
Termination of an employment contract at the initiative of the employer, Article 81 of the Labor Code of the Russian Federation

The exception is pregnant women. If a temporary employee presents a certificate of pregnancy, then the term of her contract is extended until the end date of the sick leave for pregnancy and childbirth. During the period of such forced extension of the contract, it is necessary to present a new certificate from the hospital after three months confirming the fact of pregnancy.

If a pregnant woman was hired during the absence of the main employee, she may be fired on the eve of this person's departure. But if there is a vacancy at the enterprise, the administration is obliged to offer her one of the available positions. Upon agreement, a new temporary or permanent contract is drawn up. If there are no such vacant positions or they do not suit the pregnant woman, then they formalize her dismissal at the end of the fixed-term employment contract.

Reasons for terminating an agreement between a boss and a subordinate

In addition to the end of the contract, there are also grounds on which an employee can be removed before the expiration of this period. The procedure can be initiated by the manager. Article 81 of the Labor Code of the Russian Federation stipulates the full range of grounds for dismissal:

Dissolution of a company or termination of the activities of an individual entrepreneur.
Reduction of company staff.
Transfer of ownership rights of the company to another owner (the manager, his deputy and the chief accountant can be fired).
Identification of an employee’s inconsistency with the proposed position (unsatisfactory qualifications).
Regular failure by an employee to fulfill official duties without good reason, if there is a disciplinary sanction.
A one-time violation of the work regime and clauses of the contract (failure to appear at the workplace for more than 5 hours, being intoxicated at the workplace, disclosure of trade secrets, theft or damage to property).
Committing an immoral act by an employee who carries out educational activities (teacher, kindergarten teacher).
Detection of false information or forged documents that were provided by an employee during employment.

Next, we will tell you how to properly fire an employee.

conclusions

Employees working under fixed-term contracts are dismissed on the day the contract ends without an application on their part. In all other respects, the rules for dismissal coincide with generally accepted norms.

Fact
Both the employee himself and the administration can terminate the contract before its end. The termination rules are equivalent to dismissal at one’s own request or on the initiative of the administration.

Exceptions to the general rules are provided for:

persons whose contract does not exceed two months. The working period for them is 3 days;
pregnant women, for whom the contract period is automatically extended until the end of the sick leave for childbirth.

If dismissal after the expiration of the term was carried out in violation of labor laws, it can be appealed in court.

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Grounds for early termination of a contract

A temporary employment contract can be terminated not only due to its expiration, but also under certain other circumstances. Both parties to the employment relationship can initiate the termination of the contract. Dismissal is also permissible by agreement of the parties.

At your own request

Article No. 80 of the Labor Code of the Russian Federation states that a conscript has the right to terminate relations with the employer on his own initiative. In this case, he needs to notify the company management of his decision two weeks before the planned date of departure. To do this, you must submit a corresponding application.

The reason for premature termination of a fixed-term employment contract at the request of the employee may be:

inability to continue working (retirement, moving to another city or country, entering a university, etc.);
violation by the employer of the employee’s rights and the terms of the concluded agreement.

By agreement of the parties

It happens that a temporary employment contract has to be terminated before its expiration, for reasons that do not depend on the will of the two parties.
The reasons for this are described in Article No. 83 of the Labor Code of Russia. The reason for early termination of the contract may be:

conscription of an employee for military or civil service, imprisonment;
death of an employee or individual acting as an employer;
the occurrence of emergency circumstances that make it impossible to continue the labor relationship (natural disaster, military action, catastrophe, major accident);
assigning a disability group to an employee, which makes his work impossible, etc.

At the initiative of the employer

There are situations when the employer initiates the early termination of a temporary employment contract. The grounds for this are described in Article No. 81 of the Labor Code of the Russian Federation.

In particular, we are talking about the following reasons:

the employee’s inadequacy for the position held;
termination of the activities of an individual entrepreneur, liquidation of an organization;
change of company owner;
violation of labor discipline by an employee, disclosure of trade secrets, being drunk, etc.

Staff reduction

Lack of financial resources to pay wages to employees, a drop in demand for products, automation of production and a decrease in the need for labor against this background may become reasons for the employer to initiate a reduction in the number or staff of employees. The possibility of early termination of the contract under such circumstances is provided for in the first paragraph and second subparagraph of Article No. 81 of the Labor Code.