How to correctly make an entry in the work book: “Dismissed due to the expiration of the employment contract”?

Special cases

In an effort to protect the social rights of workers, the Labor Code of the Russian Federation seriously limits the possibility of their dismissal. However, in temporary work it is assumed that the employee immediately knows what he is getting into, and such guarantees are not provided. There are two special cases for the dismissal of a temporary employee.

Pregnancy

A pregnant woman is the only threat to a temporary employer, because she can demand an extension of the contract by law.

The contract is subject to extension if the expectant mother brings a certificate and writes an application - she will stay at work until the birth.

Without a certificate and application, dismissal will be lawful.

Also, the legislator does not place restrictions on the dismissal of women on maternity leave.

The exception is when a woman works in the place of another employee and that employee returns. The manager should offer her to work in another place, but if there are no vacancies, she will have to be fired, and there will be no legal claims against him.

Teachers

Dismissing scientific and teaching staff is not more difficult with a fixed-term contract, but only easier. Their exclusivity is associated with the right to extend the temporary contract. Unlike pregnant women, this case is left to the decision of the manager.

Managers

Part two of Article 59 of the Labor Code of the Russian Federation allows you to hire a manager as a temporary worker.

This possibility is expanded by Article 275 of the Labor Code.

It confirms the special status of the manager as an employee, and this is the only person in the organization whose temporary contract can last as long as desired.

The article indicates that the terms of a fixed-term contract are established by the constituent documents, that is, the Charter of the company, or the agreement of the parties to the contract.

Practitioners warn: although the period of temporary work of a manager may differ greatly from what is usual in other cases, this does not eliminate the need to notify him in writing about the end of this period.

A temporary employment contract is a limited tool that the employer can use only when absolutely necessary. The conditions of this type of agreement are such that, if employers had the opportunity to conclude them with anyone, many would keep employees in fear of a quick and bloodless dismissal for the organization’s budget.

What you need to pay attention to when concluding a fixed-term contract:

• the validity of such a decision;
• restrictions on probation;
• equal working conditions for temporary and permanent subordinates;
• mandatory notification of the end of the work period.

When can a fixed-term contract be extended?

The rights of pregnant women are guaranteed to be protected by law.

It is prohibited to dismiss employees who have provided confirmation from medical institutions of their pregnancy at the initiative of the manager, except in the following situations:

• liquidation of an enterprise after the court recognizes its insolvency (bankruptcy);
• termination of activity by decision of the owner (individual entrepreneur).

The employer is obliged, upon provision of appropriate documents confirming pregnancy, upon a written application, to extend the contractual legal relationship with the woman until the end of pregnancy or maternity leave.

When a pregnancy is terminated early (for example, artificial birth, etc.), unilaterally on the initiative of the manager within a week after he became aware of this, he has the right to dismiss the employee.

It is allowed to dismiss pregnant employees if they were hired under a fixed-term contract, after the expiration of the terms, if:

• there are no corresponding vacancies where the employee can be transferred before maternity leave;
• the woman refuses to be transferred to the places offered to her.

The law obliges the owner or manager to offer an employee (who is expecting the birth of a child) a transfer both to positions that correspond to the employee’s qualifications and to lower positions or work that is paid at a lower rate.

A transfer to structural units located in another area may also be offered if this is provided for by the terms of the collective agreement.

If the woman agrees to the transfer, an additional agreement is signed.

Step-by-step instruction

Termination of an employment relationship at the request of the employee usually causes the least difficulties. As a rule, the parties to the contract come to an agreement and there are no conflicts between them.

However, unscrupulous employers often force employees to write letters of resignation, thereby substituting the real grounds for dismissal. In this case, the interests of the employee may suffer, and such dismissal is considered illegal. Then the court reinstates the dismissed citizen.

The step-by-step dismissal procedure is as follows:

employee submitting an application for upcoming dismissal

You need to pay attention to the end date of work indicated in the document. It is necessary to formulate this way: “I ask you to fire me on August 1”, but not “from August 1”

The date of dismissal will be the final day of work in the organization; the period between filing an application and dismissal. Typically, the law requires a two-week period; for management it is equal to a month. But if both parties do not object, this period can be reduced. The employer does not have the right to change it downward independently; issuing an order to dismiss a citizen. The order is issued on the employee’s final day of work and is presented to him for review. If the citizen so desires, he is given a copy of the order; issuing to the employee a certificate of the salary received over the last 2 years. The document is handed over to the employee on the day of his dismissal or, if this is not possible, within 3 days after his relevant application; generation of a certificate or other document with information for the Pension Fund. The law does not stipulate the exact form of the document, but the forms specified by the Pension Fund of the Russian Federation must be used; a record of the dismissal in the employee’s personal card; generation of a settlement note in relation to an employee. The document contains information about the employee, information about the period of his work and data on accruals and payments upon dismissal; full payment. All amounts must be paid to the dismissed employee on the day of termination of work. If the citizen was not at work that day, the money is issued on the day immediately following the receipt of such a request from him; entry in the work book. After entering the information, the book is issued to its owner; return to the citizen copies of the documents that he submitted when applying for a position.

Watch the video. Dismissal at will without work:

Sample of filling out a work book upon dismissal in 2019

A sample of the correct record of dismissal in the work book in 2021 will help you navigate in filling out the documents.

When registering a dismissal, 4 columns are filled in:

1. The first column in the “Job Information” section is the serial number of the entry. The numbering is continuous and does not depend on each new employer.
2. The date of dismissal, which is stated in the order (in Arabic numerals in the format day, month, year, for example, 06/06/2016).
3. Grounds for dismissal, indicating the relevant article.
4. The word “Order” with the date and number of the dismissal order.

All records made during work in one organization are certified with a seal, signed by the employee himself (clause 35 of the Rules for maintaining and storing work books:

A sample entry in the work book about dismissal for absenteeism, for another reason, will differ only in the third paragraph. It will indicate paragraph. “a” clause 6, part 1, art. 81 Labor Code:

Registration of employment record and other subtleties of hiring an employee

A hiring order is issued.

An employer is a person responsible for storing and recording one of the most important documents of an individual hired by him. It is mandatory for all employees, except part-time workers, to make a note of acceptance in the work book; they are an exception for the reason that their main place of work is another organization.

Even when the contract is concluded for a specific period, recording is also required.

Below we present the entire reception algorithm.

1. Preparation of a draft employment contract, which states that the document is urgent, as well as an employment order;
2. Signature of the agreement, order by the director of the enterprise;
3. Making an entry in the work book. The requirements for numbering the record and recording the date of commencement of the employment relationship must be observed. The following must be noted: record number, the start date of the employment relationship, information about the structural unit, position, link to the order;
4. Recording data on the employee’s book availability in a special accounting book;
5. Familiarization of the newly admitted person with all documents related to admission;
6. Transfer of a copy of the employment contract;
7. Conducting labor safety training.

Terms of dismissal

STDs are terminated upon expiration of their validity periods, in particular:

• concluded for a certain time - upon the arrival of the date specified in the contract;
• issued for the period of certain work - according to their actual completion;
• signed for the period of performance of the functions of absent employees - upon their return to work;
• concluded for the purpose of performing seasonal work - at the end of the season.

At the same time, in accordance with the provisions of Art. Art. 57 - 59 TCRF, the date the employee begins to perform his duties, as well as the validity period of the STD and the reasons for issuing a fixed-term contract are its mandatory conditions.

Termination of a fixed-term employment contract

According to the Labor Code (Article 79), the reasons for ending a temporary agreement are:

• end of contract;

• completion of the work for which the specialist was hired;

• return to official duties of an employee who was replaced by a temporary worker;

• completion of the season for which the contract was signed.

The contract can be terminated by mutual agreement of the parties, or on the initiative of the employee or the head of the enterprise.

How to fire an employee when the contract expires

The Labor Code of the Russian Federation protects, first of all, the rights of employees, and therefore the employer needs to be very careful not to violate these rights. In labor disputes, the inspectorate very often remains on the side of the employee.

Written warning to the worker

The Labor Code of the Russian Federation states that the employer is obliged to warn the employee three days before dismissal. In fact, this does not always need to be done, but only if the expiration date of the employment contract is precisely known.

If the contract specifies a specific expiration date, then the employee must be notified three times before this date. Moreover, this must be done in writing against signature. If an employee receives a verbal message about his upcoming dismissal due to the expiration of the employment contract concluded with him, the employer will not have evidence that the condition of the Labor Code of the Russian Federation to warn the employee has been met. After dismissal, the employee has the right to contact the labor inspectorate, which, if it does not find written evidence that the employee was warned, will demand reinstatement of the employee. That is, it will be considered that the employer did not notify the employee, which means that the contract has moved from the category of fixed-term to the category of open-ended, and the employee will have to be dismissed on a general basis.

Therefore, it is important to issue a written notification, and when transmitting it to the employee, it is important to obtain proof that the application was actually accepted. To do this, you can issue two copies of the notice, on one of which the employee must sign and transfer this copy to the employer

If the notice is sent by mail, be sure to use postal mail with return receipt requested.

There is no need to warn the employee if the end of the employment contract is due to the permanent employee returning to work. Such a conscript can be fired without warning upon the departure of the main employee. Moreover, in such cases, even a pregnant woman can be fired.

When can a pregnant conscript woman not be fired?

If a fixed-term contract has a certain period of validity, limited by date, then the employer, if there is work, is obliged to extend the contract if the employee is pregnant, until the termination of this pregnancy.

That is, the Labor Code of the Russian Federation obliges the employer to extend the term of the employment contract until the pregnancy is resolved, accrue and pay maternity benefits to her. As soon as the child is born, or the pregnancy is terminated for another reason, the employee can be dismissed due to the expiration of the employment contract.

Documentation of dismissal

When the employment contract expires, the dismissal procedure is reduced to the following steps:

1. a written warning is sent to the employee about termination of the employment contract due to the end of its validity period (in cases where this is necessary);
2. an order of dismissal is drawn up, in which in the line of reason is written clause 2 of Article 77 of the Labor Code of the Russian Federation “dismissal due to the expiration of the employment contract”, in the line of documentary justification the details of the warning notice are written, as well as the details of the employment contract, under the terms of which the end date of its action is specified;
3. an entry about dismissal is made in the work book and personal card - the wording of the entry is taken from the order;
4. payments are calculated using the T-61 calculation note;
5. the accrued amount (salary, vacation compensation) is paid on the last day of work;
6. The employee is issued a work book, 2-NDFL, as well as other documents if necessary.

Please note that the listed documents do not include a statement from the employee

Process Features

If neither party requests termination of the fixed-term contract, the employment relationship automatically becomes an open-ended one.

When an employee is hired temporarily to replace an absent full-time employee, dismissal is formalized without prior warning after his return.

An order for dismissal upon expiration of the employment contract can be issued, even if the person is undergoing treatment at that time.

The employer is obliged to pay the former employee for days of incapacity for work after presentation of sick leave.

Step-by-step instructions for dismissing a fixed-term employee

The dismissal procedures upon termination of a fixed-term employment contract include the following steps:

1. delivery of written notice to the employee;
2. preparation of a dismissal order;
3. obtaining the employee’s signature on the order;
4. calculation of payments;
5. issuance of the accrued amount in person on the last working day;
6. making an entry about dismissal upon expiration of the fixed-term employment contract in the work book and personal T-2 card;
7. handing over documents to the employee.

Registration of notice of dismissal

An important step that should never be skipped. Article 79 of the Labor Code of the Russian Federation obliges employers to notify a fixed-term employee in advance about the upcoming expiration date of a fixed-term employment contract.

This is done with the help of a written document - a notice, which will indicate the fact of termination of the employment contract due to the expiration of its validity period.

If the agreement was valid in connection with the replacement of an absent employee, and the term of this agreement expired on the day the permanent employee left, then the notice must be given directly on the day the permanent employee returned to work.

If a fixed-term employment contract was concluded for the duration of a certain amount of work, then the notice must be given to the employee three days before the date of dismissal.

It is better for the employer to prepare two copies of the notice - for himself and for the employee. On the copy intended for the employer, the employee must put his signature confirming receipt of the document.

The form of notification is arbitrary, indicating the fact of dismissal due to the expiration of the employment contract.

Other steps upon dismissal

The other steps of the registration procedure are almost identical for all grounds for dismissal.

The order is generated using the standard T-8 form; the order must indicate the basis and clause of the Labor Code of the Russian Federation - “expiration of the employment contract, clause 2 of part one of Article 77 of the Labor Code of the Russian Federation.” In the ground field, you need to enter a clause in the fixed-term employment contract, which specifies the expiration date of the agreement, as well as the number and date of notification of the upcoming dismissal.

After preparation, the order is handed over to the employee for review. After the employee has studied the order, he must put his signature below in the appropriate field. If it is impossible to sign, you must make a corresponding note in the order.

The calculation of payments is carried out using the standard form T-61; this is a calculation note intended to calculate all charges and deductions to the dismissing employee. If there is unused vacation left, then you need to calculate monetary compensation for it. The calculation is carried out in the same way as for vacation pay in the usual case. If a fixed-term employment contract has a validity period of less than two months, or it is concluded for the duration of seasonal work, then the number of vacation days is determined as two days for each month of work.

A record of dismissal is made in the work book, the first column contains the item number, and the second column contains the phrase indicated above, which serves as the basis for dismissal. The last one contains the number and date of the dismissal order. All words are written in full, there should be no abbreviations. The entry is certified and sealed with a seal. Next, the fixed-term (temporary) worker himself puts his signature.

The last section of the dismissal record is entered into the personal card.

On the last day, the fixed-term worker must be given money and documents, including a work book, a certificate of income for 2 years, 2-NDFL, and other documents related to the person’s work activity.

If the deadline for dismissal is missed, and the employee does not receive any written notices, then it will be considered that the employment contract has moved from the category of fixed-term to indefinite. At the same time, the employee continues to work under the same conditions.

Early termination of a fixed-term employment contract

It is possible to terminate an employment contract without waiting for its expiration date. In this case, the grounds will be the same as those provided for a permanent employee:

• agreement of the parties - dismissal can be issued on any day;
• the employee’s own desire - in this case, a statement from the employee is required;
• employer's initiative - staff reduction, violation of discipline, failure to fulfill duties, inappropriate behavior.

In this case, the dismissal must be formalized in the same way as when dismissing a permanent employee working under an open-ended employment contract.

Detailed instructions for drawing up an entry on the termination of a contract in the work book

When the contract determines the exact date of dismissal, the employer should proceed from its own plans for the temporary employee. For seasonal workers, a standard of three days prior to dismissal is established, when it is necessary to notify the employee in writing, against signature, of the upcoming dismissal.

REFERENCE: Failure to formally notify a temporary employee may result in the dismissal being invalidated.

If it is necessary to pass the competition, specialists or teachers are notified one month in advance in order to prepare competition works and reports.

This rule is canceled for deputies who resign for a reason specified in the contract. It is permissible to notify him orally after receiving an application for the return of the main employee.

But the essential worker may not return to his previous position. For example, a young mother quit her job after maternity leave. This means that the precedent for dismissal has been exhausted and the deputy becomes a core employee.

The notification is drawn up by a HR specialist or employer (IP). It states:

• 
  name of company.

• The position, surname and initials of the person who is notified of leaving.
• The main text, with the approximate wording: “We hereby notify you that the employment contract is terminated on September 21, 2016.”
• At the bottom is the employer’s signature and the seal of the organization or HR department, if it is signed by the head of the HR department.”

The notification is handed over to the addressee in person, against signature of receipt.

REFERENCE: If the employer forgot to notify about the end of the term of work, the employee has the right to submit a letter of resignation to him in connection with the end of the contract.

The order is drawn up with the same wording, indicating:

1. positions;
2. divisions or workshops;
3. last name, first name and patronymic.

For example: “Dismiss the manager of the customer service department Lyudmila Petrovna Myasoedova from her position due to the expiration of the contract on September 21, 2016.” If an entire team of seasonal workers is dismissed, it is permissible to draw up a single order with a list of persons to be dismissed.

The order is certified by the manager and entered into the order book.

After this, the dismissed employee gets acquainted with its contents against signature.

Based on the order, an entry is made in the work book.

This entry should be made on the last working day, a few hours before the end of work.

IMPORTANT: Before entering information about dismissal, you must check the presence of all previous records, including those about relocation, changing the name of the organization, etc.

The entry is made as follows:

1. after recording the hiring or relocation, without entering the name of the organization, put a new serial number in the first column.
2. In the second column, according to each of the columns, enter: date, month, year of dismissal, without periods or commas.
3. In the third column, enter the wording of the entry: “Dismiss due to the expiration of the employment contract on the basis of clause 2 of Art. 77 of the Labor Code of the Russian Federation.”
4. In the last column, enter the name “order”, with details. We are talking about a dismissal order here.

On the bottom line is the signature of the authorized official who entered the information into the work book, indicating the position and surname with initials. Going beyond the signature, the edge down two lines, the seal of the organization is affixed. The work book is issued on the last working day. When issuing it, the employee is required to sign the work book and in the Journal of the movement of work books.

Sample of an employment record upon expiration of the employment contract:

What to do when the contract expires

Upon completion of the period of work of persons established by employment contracts, on the basis of the norms of Article 79 of the Labor Code of the Russian Federation, the employer has the right:

1. extend it;
2. transfer the employee to a permanent basis;
3. dismiss after expiration of term.

It should be noted that in order to terminate employment by an employee, it is necessary to follow the algorithm established by law.

It is unacceptable to extend the contract for a new term if there are no reasons explaining the temporary nature of the employment. These reasons must be justified by the employer when prolonging the period of work for a new term, in accordance with the provisions of Articles 58 and 59 of the Labor Code of the Russian Federation.

The exception is pensioners and other categories who show the initiative specified in the application and supported by documents for temporary work. Labor relations with such employees may be renewed annually or for another period declared by the applicant, under the same conditions.

If an employee continues to work even after the contract has expired, you need to pay attention to the correctness of the departure procedure. Without proper dismissal carried out in good faith by the employer, this means that his contract has become indefinite and the employer will not be able to dismiss him on the same terms.

If the dismissal procedure complied with the law, the employer has the right to stop visiting the place of work and not pay for the period worked after legal dismissal.

Concept of an employment agreement

An employment contract is an agreement between an employer and a subordinate, on the basis of which the employee agrees to perform certain professional duties and comply with the discipline accepted in the organization. The employer undertakes to employ this person, provide him with working conditions that meet safety rules, and also pay wages and other incentives provided for in this agreement. This is regulated by the Labor Code of Russia (Article 56).

Types of agreements

The Russian Labor Code (Article 66) states that an agreement must be drawn up and signed with any employee who is engaged in professional duties in production for more than 5 days. But there is a nuance: the employer is obliged to pay a person’s work under any circumstances, even when the employee worked for the company for only one day.

There are two types of employment agreements between the head of the company and the employee. They differ in the length of time during which the parties to the contract will cooperate. Depending on this time period, agreements are:

1. Perpetual, that is, those that are concluded for an indefinite period. They are the ones used most often by employers.
2. Temporary (fixed-term) employment contracts - for a period of no longer than 5 years. This option is used most often in situations where it is not possible to determine the duration of the necessary cooperation between the employer and the subordinate due to the nature of the work to be done (Article 59, Part 1 of the Labor Code of the Russian Federation). This applies to the performance of seasonal work on the collection of fruits or vegetables, the process of setting up equipment, starting production or replacing a key employee who cannot perform his official duties for any reason.

A fixed-term agreement can only be signed if both parties to the agreement have no objections to it.

An employer does not have the right to require a subordinate to agree to work for an organization only on the condition of temporary work, if the employee wants to work on a permanent basis (indefinitely). Such a refusal is possible only when the hired person, during the probationary period, has shown his incompatibility with the professional skills necessary to perform this activity.

Classification of obligations

Another option for systematizing employment agreements is to divide them according to the nature of the employment relationship. Here they are distributed depending on who the employer is (an individual or legal entity, a representative of the public service). The form of work (main, part-time) is also taken into account. The classification of agreements has the following structure:

• employment at the main place of work;
• part-time work with the main activity (Chapter 44 of the Labor Code of Russia);
• temporary employment for a period of up to 60 days (Chapter 45 of the Labor Code of the Russian Federation);
• performance of seasonal work (Chapter 46 of the Labor Code of the Russian Federation);
• employment with an individual employer (Chapter 48 of the Labor Code of Russia);
• performing professional duties remotely - at home (Chapter 49 of the Labor Code of the Russian Federation);
• contract for municipal or public service.

Labor legislation in relation to certain categories of persons operates taking into account a number of features (Article 11 of the Labor Code of the Russian Federation). Deviations from the rules are only those situations when these people act as employers or their legal representatives. These categories include:

• employees of the Armed Forces of the Russian Federation during the performance of their direct duties;
• persons working on the basis of civil law agreements.

This group also includes members of the board of directors of various organizations, but with the exception of those cases when they perform duties in accordance with an agreement signed with the company.

Litigation

The most common reason for going to court is to declare the dismissal of an employee illegal. The employer should remember: any discrepancy between a fixed-term contract and the law leads to its recognition as indefinite.

In this case, the employee must be reinstated and the dismissal is considered illegal. For forced absenteeism, the employer pays the average wage and compensation for moral damage.

Mistakes most often made by employers:

• a fixed-term contract was concluded without legal grounds;
• the contract is renewed several times for the same reasons;
• the required documents are missing or incorrectly completed;
• the terms for termination of the agreement were not met.

On the part of workers, the loss in the courts is due to the unlawful demand for guarantees when terminating fixed-term contracts. Often, when concluding a temporary agreement, the hired employees hope for a change in the situation and permanent work. Therefore, termination of a fixed-term employment contract upon expiration of the term is considered as an initiative of the employer.

However, the courts adhere to the firm line that the characteristics of a fixed-term contract from the moment of conclusion imply a limitation of the time of its validity. Therefore, all the guarantees provided by law for dismissal at the initiative of the employer do not apply in the event of termination of the contract at the end of the term.

It is legal to terminate employment contracts upon expiration during a period of incapacity for work or during employee vacations. Having small children is also not a reason to continue working.

Grounds for dismissal

The legislator identifies several reasons when contractual relations can be terminated:

• agreement reached between the parties;
• dismissal upon expiration of the employment contract;
• employee's desire;
• the initiator can be the employer, subject to compliance with procedural requirements and specified circumstances;
• if the employee wants to be transferred to another organization (if there is a letter of guarantee about his employment in a new place);
• a person is elected to a paid elective position;
• if an employee refuses to work after the reorganization;
• the original working conditions have been changed;
• due to health reasons, physical activity and types of work in certain conditions are contraindicated (when the employer does not have suitable vacancies or the employee does not agree to the transfer);
• for reasons beyond the control of the parties (for example, conscription into the Army);
• Violations of labor legislation were discovered during the hiring process.

The procedure for dismissal upon expiration of the employment contract

Upon termination of the agreement, it will be necessary to follow a certain procedure.

It includes the following main steps:

• delivery of notice;
• execution of an order;
• preparation of payments;
• familiarization of the employee with the order;
• registration of entries in a personal card;
• entry into the labor record.

Moreover, when implementing each stage of this procedure, it is necessary to remember a large number of different nuances.

All of them are reflected directly in the Labor Code of the Russian Federation.

Service of notice

Article 79 of the Labor Code states that an employee whose employment contract is coming to an end must be notified to the employer in writing no later than 3 days before termination of the agreement.

Example document:

Sample employee notice

The notice must be signed either by the head of the company or by a person officially appointed to perform his duties - otherwise the supervisory authorities may regard such dismissal as unlawful.

At the employee's request, the employer must make a copy of this notice.

Making an order

The dismissal of an employee must be carried out on the basis of a special order.

Its format must necessarily comply with the unified form No. T-8 present in the legislation.

Filling example:

Sample of filling out an order for dismissal upon expiration of the term

Form form:

Form of dismissal order (form T-8)

This order is signed by an official who has the right to dismiss the employee.

If this nuance is not observed, the employer may be punished accordingly by the labor inspectorate.

If the order cannot be brought to the attention of the employee, or he refuses to do so, then a corresponding entry is made on the document.

Preparation of payments

Upon mandatory dismissal, the employee will need to receive all payments due to him.

The list includes:

• payment for time already worked;
• compensation for unused rest days.

Moreover, the right to compensation for vacation arises even when the total length of service with the employer is only 2 weeks.

It should also be remembered that if the vacation has been used in advance, the employer has the right to deduct a certain amount from the employee’s income.

Entry in the work book

When performing such an important action as dismissal, a specific entry should be made in the employment record, indicating in it the basis and reason for termination of the agreement. Moreover, the work book must be issued on the day of dismissal

Moreover, the work book must be issued on the day of dismissal.

If it is impossible to issue a book for some reason (for example, the employee does not want to receive it or is absent from the workplace), the employer must send him a notice of the need to receive the document in person or give his consent to forward the document via postal service.

Example entry:

Example of an entry in a work book

What are the deadlines?

The procedure for terminating employment relations involves a number of time limits for employers, who must implement the measures provided for by law within specific periods.

Please note! The following time periods are included here:

• notification of the dismissal of a person holding a managerial position is sent no later than three days before the end of the agreement;
• notification of termination of relations with other employees is also sent no later than three days;
• transfer of estimated funds, namely wages, bonuses, compensations and other things, is carried out directly on the day of dismissal.

Violation of the deadlines will entail the opportunity for the employee to file a complaint, which may ultimately lead to an inspection by the Labor Inspectorate.

Payments upon dismissal

On the last working day, you need to pay off the temporary worker. He is provided with all payments provided for by law and not allowing a decrease in earnings provided for in the employment contract. Subject to issue:

• previously unpaid amount for days worked;
• payments for harmfulness, nature of work, etc., if any;
• vacation pay.

Vacation pay is calculated based on the number of days for each month, in proportion to the number of months worked.

When the regulations for vacation benefits are not established, which occurs when workers are hired seasonally, the standard used for calculation is: two days for each month worked.

Regulatory framework and necessary conditions

The expiration of the employment agreement is one of the reasons for terminating the employment relationship with an employee of the organization.

The provisions that regulate all aspects related to this issue are noted in Articles 77 and 79 of the Labor Code.

Labor Code of the Russian Federation

The expiration of a document does not mean the end of its validity, since many agreements concluded between an employee and an enterprise contain a clause on its “automatic” extension.

To terminate the agreement, certain conditions must be met by the employee and the employer.

Article 77 notes that the contract is not terminated if none of its parties has taken any action to terminate it, and the performance of labor functions continues in the prescribed manner.

This means that if the employer has not notified the other party in writing of his intention to terminate the employment relationship, the contract will automatically be recognized as indefinite.

If the employee does not cease to perform his labor functions after the expiration of the contract, and the employer’s representative does not notify him of the expiration of the document within the prescribed period, then the cooperation is extended indefinitely.

Sample application from an employee

An employee who agrees with the dismissal must write a statement that serves as reporting documentation and the basis for issuing an order to terminate employment.

Such a statement must include the following information:

• full name of the manager, as well as the name of the organization;
• information about the applicant;
• name of the document by ;
• request to dismiss at your own request or due to termination of the employment agreement.

The document ends with the personal signature of the resigning subject and the date of preparation.

Features of appeal in court

To appeal the dismissal in court, you will need to file a statement of claim.

You will also need to attach the following documents to it:

• a copy of the employment contract;
• certificate of salary;
• a copy of all pages of the work book.

It is also necessary to attach to the application other documents confirming the legality or illegality of the dismissal procedure.

Termination of an employment contract today is a fairly responsible procedure that has a large number of different nuances.

At the same time, it is necessary to comply with all of them without fail, since otherwise there is a high probability of litigation.

Nuances

If the employment contract has expired and the employee is on sick leave, then the manager has every right to dismiss the employee without waiting for the moment he leaves the hospital

However, it is very important to warn the employee in time about the upcoming layoff due to the termination of the TD. Otherwise, if the employee remains unaware, then the employment contract becomes unlimited

You can notify a sick employee by sending a telegram with acknowledgment of delivery. If the employee tries to challenge the dismissal, the employer will have evidence of an attempt to notify him by telegram.

If the employer does not intend to part with the employee at the end of the employment contract, then you can simply not notify the employee, then the fixed-term contract becomes indefinite. However, it is better to draw up an additional agreement to the official document.