Dismissal upon expiration of the employment contract: article of the Labor Code of the Russian Federation, grounds, procedure and who cannot be dismissed upon expiration of the employment contract

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Fixed-term contract

The term “fixed-term” does not necessarily refer only to employment contracts. “Urgency” means concluding a contract for a specific period, after which the parties either extend it or terminate it.

The “catch” of fixed-term contracts is that they usually contain a condition for automatic renewal if neither party declares a desire to terminate the contractual legal relationship.

That is, inattention to deadlines can lead to undesirable consequences, provided that at least one of the counterparties does not want to renew the contract.

With regard to fixed-term employment contracts, one more “catch” can be mentioned. The fact is that the absence of an expressed desire to terminate it entails not just its automatic extension, but its transformation into an unlimited term, in accordance with Article 58 of the Labor Code of the Russian Federation.

At the same time, an employee can terminate a permanent contract at any time without any objective reasons, while for an employer, terminating a permanent contract, that is, dismissing an employee on the initiative of the administration, is a very complicated procedure.

Therefore, if the employer does not want to turn a fixed-term contract into an open-ended one, he must promptly send the employee notice of termination of the fixed-term employment contract.

Main reasons for termination of STD

The action of the STD may be terminated for the following reasons:

The contract period has expired.
When the main employee appears at work, if a temporarily registered person replaced him, the contract is terminated from the moment the main specialist appears at work.
When performing work of a temporary nature, the contract terminates upon completion of such work.
The STD, signed for the performance of work of a seasonal nature, is terminated with the end of the season.

This is important to know: Notice of termination (termination) of an employment contract

The STD can be terminated at the personal request of the temporary employee. At the same time, a co-worker who wishes to resign is obliged to notify management in writing 14 days in advance of his intention.

If, before the end of the working period, a replacement is found for the person being dismissed, then, by agreement of the parties, cooperation can be terminated in advance.

Persons who have entered into a contract for up to 2 months or for a season may terminate the contract by notifying management in writing 3 calendar days in advance.

Expiration of the STD

When the time for completion of the STD approaches, it is required to promptly and correctly notify the employee of its completion. If such an action is not performed and the employee extends work, the contract will become unlimited (Part 4, Article 58 of the Labor Code of the Russian Federation).

A written warning to a temporary employee about the termination of the contract, for the most part, is given 3 days in advance, except for the option when the contract was drawn up for the period of absence of the main employee (Part 1 of Article 79 of the Labor Code of the Russian Federation). Such an agreement loses force with the appearance of the main employee at work (Part 3 of Article 79 of the Labor Code of the Russian Federation).

A temporary contract signed for the performance of specific work is terminated upon completion of such work (Part 2 of Article 79 of the Labor Code of the Russian Federation). A similar procedure applies to seasonal classes (Part 4, Article 79 of the Labor Code of the Russian Federation).

The notice of completion of the STD must be signed either by the head of the company or by the responsible personnel officer appointed by management for this area of work. If the notification is signed by a person who does not have the authority to do so, the court may consider this notification unlawful and reinstate the expelled person at work.

The notice is issued in two copies: one for the manager, the second for the dismissed person. The manager's copy requires the employee to sign for receipt of the notice.

The fact of termination of a temporary contract is confirmed by an order in which the dismissed person also puts his signature.

When terminating the STD, the following must be taken into account:

If the date of termination falls during a person’s illness, then it cannot be postponed, and sick leave is paid until the dismissed person recovers completely.
When the scope of work reflected in the STD is completed, the date of completion of the contract is set to the day of complete completion of the established scope.
When concluding a CTD with a temporarily organized company, the labor relationship ends upon the liquidation of the company.
When replacing the main employee, the STD ends on the day he returns to work. There is no need to send notice to the employee.
When accepted for seasonal work, the STD expires at the end of the established time. Here, too, the manager is not required to send a notice to the employee.

Note : An employee who has entered into an expiring contract may not go to work at the end of the contract without submitting an application. The manager has no right to punish him for this. If management wants to extend cooperation with a person, he can invite him to fill out an application to the STD.

Termination period

The basis for termination of a fixed-term employment contract is always the expiration of its validity period. That is, the dismissal must coincide with the expiration date of the contract, and notice must be sent at least three days before the dismissal.

There are several exceptions to this rule, namely:

employment contracts concluded for the duration of the employee’s performance of a specific work task are terminated only after the completion of this task;
employment contracts concluded during the absence of a permanent employee are terminated simultaneously with the moment when the permanent employee returns to his work duties;
seasonal employment contracts are terminated on the last day of the end of the season.

Thus, the rule of notice three days before dismissal will not apply to the three types of employment contracts listed above.

The agreement expires

If a fixed-term employment contract was concluded with an employee of the organization, that is, the agreement specifies a certain period of its validity, then the basis for dismissal is clause 2, part 1, art. 77 Labor Code of the Russian Federation.

This is important to know: New employment contract without dismissal

In such circumstances, the employer is obliged to notify the specialist in advance: no later than three calendar days before dismissal. In other words, three days before the end of the contract.

Notify the specialist in writing by preparing a special notice. Compile this document in two copies: the first - for the employee himself, and the second, with the employee’s mark of receipt (date, signature, transcript) - for the employer.

Please note that the notification must be certified by the head of the company or his legal representative. If the form is signed by an unauthorized person, the document may be considered illegal.

Example

If neither party demands termination of this agreement within the established time frame, then the agreement is considered to be extended for an indefinite period. In simple words, if neither the employee nor the employer shows a desire to terminate cooperation, then the fixed-term contract will be considered re-concluded. But on an indefinite basis.

Content

Notice of termination of a fixed-term employment contract must be in writing, and this is the only rule specified by law. There are no legal requirements regarding the content of the notice, and it should be drawn up according to the general rules for drawing up personnel documents.

Expert opinion

Mikhailov Vladislav Igorevich

Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.

At the same time, there are clear regulations regarding the set of information that must be contained in the text of the notification. So, the documents must include:

employer's name;
Full name and address of the employee;
general information and details of a fixed-term employment contract;
grounds for termination (expiration);
date of dismissal;
date of compilation and signature of the manager;
column about familiarization of the employee with the notice.

The document is drawn up in two copies - one is given to the employee, and the second, with the employee’s signature on receipt of the notification and the date, is attached to the personal file.

Notice of job reduction
Notice of eviction
Notice of absence from work
Notification of employees about the liquidation of the enterprise
Notification of salary changes

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How to familiarize an employee with a notice of termination of an employment contract

The procedure for delivering notice of dismissal to an employee depends on the characteristics of the bureaucracy in a particular company. There is no strictly regulated procedure by law. Therefore, you must act as prescribed by internal rules. To do this, it is advisable to approve them as a local document. But, as practice shows, many companies, especially small and medium-sized ones, often do without them.

A sample notice of dismissal with the employee’s signature confirming that he has read it at the bottom of the document

The main thing is that the document must bear the signature of an authorized official, that is, the manager or his deputy, to whom the relevant powers have been delegated. The fact of such delegation in this case will need to be confirmed by a separate document, for example, an order to transfer the functions of the first person to a specific top manager during the absence of the company’s general director - business trip, vacation, illness, etc., it is advisable to include this possibility in the company’s charter.

It is equally important that the document bears the employee’s signature confirming familiarization with it. But the option is also allowed when it is placed in a different place. For example, in a separate journal, if it is maintained at the enterprise and is provided for by internal regulations.

Typically such a log contains the following information:

name and details of the document (number, date, etc.);
Full name, employee position, structural unit;
acquaintance mark;
date of review;
employee signature with transcript.

It doesn’t matter who hands the document to the employee. This could be a secretary, an office worker, a personnel service manager, an immediate supervisor, or the head of the company himself.

At enterprises where there is a personnel department (personnel service, HR department, etc.), the resolution of all personnel issues, including the delivery of various notices to employees, is usually the responsibility of them.

The author of these lines was once called to the HR department to sign a notice of non-renewal of a fixed-term employment contract. However, the decision to close the project and fire everyone who was involved in it, and the terms of our employment contracts were just ending, was announced by management at a planning meeting the day before. So the procedure for delivering notices against signature was taken for granted.

What to do if the employee does not sign the notice

Situations also arise when the dismissed employee evades delivery of the notice or refuses to sign to confirm that he was familiar with it.

But this situation is not hopeless.

There are two possible scenarios:

Drawing up a report on the employee’s refusal to receive notice.
Sending the document to the home address of the dismissed person by mail.

The act must contain the following information:

Name - act.
Number and date.
Full name and position of the person being dismissed.
Time and place of the event.
A detailed description of the event - an attempt to serve the employee with notices and his refusal to sign for it. If the text of the notice was read out loud to the employee, this must also be reflected.
Full names and positions of direct participants and witnesses.
Signatures of the official who drew up the act and witnesses.
Can be certified by the seal of the organization.

However, theoretically, the employee can prove in court that the act was falsified. For example, present a sick leave certificate or other evidence that he was not at work at the time mentioned in the act. Or bring your own witnesses who will voice a different version of events in court.

Sample act of refusal to serve notice of dismissal. The document must be signed by the representative of the employer who compiled it and the witnesses.

A more reliable option seems to be to send the document to the employee’s postal address with a receipt receipt and a list of attachments. And even if he doesn’t show up at the post office for it, the law will already be on the employer’s side. All you need to do is prove that the postal item was sent to the address that was at the disposal of the company at the time of sending. By default, this is the registered address of the place of residence. But it may also be the address of actual residence. This is especially true when the person being fired lives and works, say, in Moscow, but is registered in the Far East, Siberia, and indeed anywhere outside the capital and the Moscow region.

It is advisable to foresee such nuances in advance and write them down in the employment contract or formalize in a separate act the employee’s obligation to promptly inform the employer about changes in the actual address and other contact information. In addition, this information will be useful not only in case of dismissal, but also in a situation where it is necessary to urgently find him.

When I was the editor-in-chief of the newspaper, I always demanded that employees inform the editorial office about any changes in their contact information immediately after the event: I moved from one apartment to another - let me know, etc. This was connected, first of all, with the need to find a journalist in various unforeseen situations. This obligation was formalized by an editorial order, under which each new employee signed when hired.

Term and conditions for termination of a fixed-term employment contract

Termination of a fixed-term employment contract is regulated by Article 79 of the Labor Code of the Russian Federation, according to which it is terminated upon expiration of its term. But termination does not happen on its own - one of the parties needs to demand it.

To do this, the employer needs to draw up a notice of dismissal of an employee under a fixed-term contract if he does not plan to continue the employment relationship with him. The employee must be notified at least three days before the expiration of the fixed-term employment contract.

However, if the document is concluded for the duration of the duties of an absent employee, the employer is not obliged to warn of termination.

Registration and storage

After drawing up the document and familiarizing the employee with it, it is required to register it in the journal of orders and instructions with the subsequent assignment of a unique number. This registration procedure is necessary, since with its help the organization will be able to prove that the employee’s rights have not been violated. Otherwise, the organization may be subject to penalties. In addition, notification may be required if a former employee applies to the court.

The document must be filed in the company’s internal document management folder and stored in a fireproof safe. After the expiration of the period established by the organization (usually 3 years), the notification is transferred to the archive, where it is stored for 75 years, after which it is destroyed in accordance with current legislation.

Features of dismissal of certain categories of employees

All common cases of termination of a fixed-term contract are described in Article 79 of the Labor Code of the Russian Federation (performing certain work, seasonal work, while performing the duties of an absent employee), but we will analyze the most complex ones.

In order to terminate the powers of the general director, it is necessary to warn him in writing at least three calendar days before dismissal. This document will be signed by one of the founders.

Next, you need to organize a meeting of the company’s founders, at which a decision is made: to continue further relations with this person or not. The decision made is documented in a protocol.

Expert opinion

Mikhailov Vladislav Igorevich

Legal consultant with 8 years of experience. Specializes in criminal law. Member of the Bar Association.

A part-time worker who works under a fixed-term employment contract can be dismissed only after the expiration of the established period. The notification is drawn up three days before the end of the period.

Labor legislation protects the interests of pregnant women. If on the expiration date it happens that the employee is pregnant or has given birth to a child while on maternity leave, then the term of the agreement with her should be extended until the end of the leave, and then dismissed in the general manner.

The last day of work will be the last day of vacation. We also warn you three days before the end.

If a woman’s pregnancy is resolved unfavorably (miscarriage, abortion), then the employer is obliged to terminate the agreement upon completion of the pregnancy within a week after he learned of this fact. It is important to remember: you can fire a pregnant employee only if she is performing the duties of an absent employee and during pregnancy it is not possible to arrange a transfer with the woman’s consent to another job that she can perform.

The employer is obliged to offer her all positions corresponding to her qualifications, as well as less paid ones. If the woman does not agree to the transfer, the employer dismisses her in accordance with the general procedure.

Arbitrage practice

If the termination procedure is not followed, the employee has the right to file a lawsuit to cancel the dismissal and recognize the contract as indefinite. Most likely, the court will side with him if the employer committed a significant violation. To avoid this, you need to remember some subtleties.

If the notice was not delivered to the dismissed employee due to the fault of the employer, then the contract becomes open-ended, and the employee receives the right to continue working in the company. When dismissal due to a reduction in the entire staff of the company, offering another appointment to the employee is a mandatory condition.

When laying off an employee working on a fixed-term contract, his mandatory calculation must include all standard payments similar to those paid when laying off employees with open-ended contracts.

If the contract period does not exceed two months, the standard reduction procedure does not apply to such employees.

If an employee with whom a fixed-term contract has been concluded becomes pregnant, the employer is obliged to extend the term of the agreement until the end of the pregnancy or until the end of maternity leave, provided that the woman wishes to take advantage of it.

At the same time, the woman has a counter obligation: every three months she must provide the employer with a document confirming the fact of pregnancy.

A fixed-term contract concluded for a period of more than 5 years is automatically recognized as unlimited. In case of disputes and mutual claims, both the employer and the employee can go to court . There are many reasons for litigation.

Notice of termination of employment relationship

Dispute No. 1. The company fired an employee whose fixed-term contract had expired. But the employer sent the notice later than three days before the dismissal, as required by law.

The court recognized that failure to comply with the notice period is a violation, but cannot be recognized as a basis for canceling the dismissal. The employee’s claim for reinstatement and recognition of the contract as indefinite was rejected (decision of the Moscow court in case No. 33-3252/2016).

Dispute No. 2. The employee received a notice of termination, which did not indicate the date and document number and the name of the organization, and was signed by the head of security and the head of the human resources department.

By court decision, the employee was reinstated in his position, since the notice of termination of the contract is in fact a document confirming the employer’s decision to dismiss the employee. The head of the HR department and the head of security are not authorized persons and cannot make such a decision. Therefore, the notification was declared invalid.

Recognition of the contract as unlimited

Dispute No. 1. An employee with whom an open-ended employment contract was concluded, under pressure from the employer, wrote a letter of resignation, and then entered into a fixed-term contract with the same employer, providing for the performance of the same duties as before, in the same position. Subsequently, the employee was dismissed with the reason “due to the expiration of the contract.”

The court to which the employee appealed ruled that the dismissal was illegal. The court decision states that an employment contract with a specified period can only be used if the cooperation between the employee and the employer cannot be established for an indefinite period.

In addition, coercion to conclude a fixed-term contract is the basis for recognizing the contract as unlimited-term, which was done by the court in this case (Determination of the Supreme Court of the Republic of Crimea in case No. 33−5422/2017).

Dispute No. 2. A fixed-term contract was concluded with the employee. According to the agreement, the employee was required to serve as acting CEO, and the completion date was specified as “until the appointment of the CEO.” Two years later, a new person was hired as the head of the company, and the employee was fired.

According to the definition of the Moscow Court No. 4g/8−4383 dated 06/07/2012, such an agreement cannot be considered urgent. This is due to the fact that the Labor Code does not provide for the wording “before appointment to a position” as a condition under which a fixed-term contract will end. The agreement was recognized as indefinite, the employer was forced to reinstate the dismissed employee in his position.

Dispute No. 3. The employee was hired as a replacement for an employee who went on maternity leave. The employment relationship was formalized in the form of a fixed-term contract. The maternity leaver, without leaving her vacation, wrote a statement and quit. The employee who replaced her was fired due to the expiration of her contract.

The dismissal was declared illegal by the court, since from the moment the main employee is dismissed, the fixed-term contract is converted into an indefinite one. The court explains this by saying that the dismissal of the maternity leaver made it impossible to complete the fixed-term contract.

Pregnancy and dismissal

Dispute No. 1. The contract expired while the woman was on maternity leave. The employer fired the employee.

The court found that the dismissal was legal and explained: the expiration of the contract is an independent reason for dismissal and is not the initiative of the employer. In such cases, the employer is not obliged to take into account the requirements of the law regarding the provision of guarantees to women with children (Definition of the Moscow Court in case No. 33-43583/2016).

Dispute No. 2. At the end of the fixed-term agreement, the employee was pregnant. However, the woman did not notify the employer about this, did not provide a medical certificate and did not apply for an extension of the contract, which was subsequently terminated.

The court ruled that the dismissal of a pregnant woman in this case is legal, since the employee did not provide any documents that could serve as a basis for extending the contract period (Determination of the Nizhny Novgorod Court in case No. 33-5859/2017).

There is another point of view on this case. When considering a similar case (N 33−1652/2017) in another court, it was decided that the employer’s knowledge does not matter. The company was forced to return the pregnant employee to work, while the end of the contract was postponed until the end of the pregnancy.

Dispute No. 3. The fixed-term contract states that the employee was hired temporarily to perform the duties of another employee. After the main employee returned to his duties, the temporary employee was fired, citing as the reason that the contract had expired. The dismissed employee appealed to management with a request to cancel the dismissal and extend the contract, citing the fact that she was pregnant. Her request was denied.

The court supported the employer’s position and explained that if the employee who was replaced by the dismissed girl returns to work, pregnancy gives her the right to be transferred to another position.

Unfortunately, there was no position suitable for the employee in terms of qualifications and salary. Under such circumstances, the employer is not obliged to renew the employment agreement (ruling of the Krasnoyarsk court in case No. 33−1067/2018).

Procedure for delivery to the employee

As mentioned earlier, the employee must be notified at least three calendar days in advance. It is best to draw up the document in two copies, one of which will remain with the employee, and on the second he will put his signature, which will confirm the fact of familiarization.

If the employee refuses to sign the document, it is necessary to draw up an act in the presence of two witnesses, which will confirm the employer’s intention.

How to notify an employee of dismissal
Rules for issuing a notification
How long is a notification stored?
Documents grounds for drawing up an order
How to draw up a dismissal order
3 common mistakes when terminating an employment contract

A fixed-term employment contract signed with a citizen terminates its validity if the conditions specified in the agreement are met. This could be the arrival of a certain date, the completion of an event, or the return of the replaced employee to his place of work.

When the validity period expires, the employer carries out dismissal under clause 2, part 1, article 77 of the Labor Code of the Russian Federation. In this article we will tell you about the notice of termination of a fixed-term employment contract and provide a sample for filling it out.

To eliminate possible conflicts and further unfavorable solutions to labor disputes for the employer in supervisory authorities, the company’s task is to formalize this procedure correctly, in compliance with the provisions of labor laws. The main requirement of the Labor Code of the Russian Federation is a written warning to the conscript about the completion of his labor process in this organization.

Dismissal procedure

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

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

Preparation of documents

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

Need to prepare:

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

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

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

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

Calculation of payments

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

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

How to notify an employee of dismissal

The employee must be informed about the termination of the employment agreement, and then formalize the dismissal on the designated day. If the employer does not take these actions and the conscript is not fired, then the agreement becomes indefinite, and its termination will be permissible on the grounds established in the Labor Code of the Russian Federation for indefinite employment relations.

The general rule set out in Article 79 of the Labor Code of the Russian Federation requires notification 3 days before the expiration of the employment agreement. Moreover, the notice is generated on paper and provided to the dismissed person against signature.

This general rule does not apply to the case of signing a fixed-term contract while replacing another employee. If the latter returns to work, then the conscript replacing him is fired without warning.

The only condition that must be met is the actual appearance of the absentee at the workplace. There is no need to send any papers to the conscript.

The employer draws up a written notice stating that a certain fixed-term contract is expiring, and for this reason a dismissal procedure will be carried out against the employee. The Code requires written notice; if there is none, then dismissal under paragraph 2 of Article 77 will be illegal.

At the initiative of the employee

The initiator of termination of the employment relationship may be the employee himself. Among the most popular reasons are:

impossibility of further performance of duties due to illness or disability;
serious illness, including that of a third party;
violation by the manager of the obligations specified both in the employment contract and in the Labor Code of the Russian Federation;
change of place of residence;
victory in the competition for an elected position.

The employee is obliged to notify the manager in advance of his desire by sending a written notice. By agreement of the parties, the procedure can be carried out earlier than the stipulated period.

If for some reason the manager refuses to terminate a previously concluded contract with an employee, the employee can go to court or the CTS.

It is important to know! Labor legislation prohibits dismissing a person on sick leave. The exception is situations with initiative from this person.

Rules for issuing a notification

The document does not have a standard form; its content is formed by the responsible person of the company. You can compose a notification on paper manually, or you can use the typewritten method by typing the text on a computer and then printing it on paper.

The paper version of the document is signed by the director of the company, and his signature can also replace the signature of the person vested with such right on the basis of a power of attorney or administrative document of the director. A notification may not be certified by a person who does not have the appropriate permission.

The document will not be valid, and the dismissal, accordingly, will be considered unlawful.

Sample notice of termination of a fixed-term contract:

Dismissal due to independent circumstances

Termination of the STD can be carried out due to the occurrence of various events, including the following:

Issuance of a court decision on criminal punishment, as a result of which it is impossible to continue working.
Loss of the right to work in a particular field of activity.
Physical or mental inability to perform job duties.
The occurrence of an emergency, including a catastrophe, accident, natural disaster, etc.
Death of an employee or owner of the company.
Administrative disqualification.

Any deduction for the above items must certainly be reflected in documents. In all situations, an order is issued showing the grounds in accordance with the law.

Dismissal of a pregnant woman under a fixed-term contract

The rupture of STD with a pregnant woman has a number of features. According to the general provision: such a contract must be continued until the end of the pregnancy. If the employee has received maternity leave, the agreement is extended until its completion (Part 2 of Article 261 of the Labor Code of the Russian Federation).

At the same time, the following requirements must be met:

The employee is required to provide a medical certificate confirming her pregnancy.
The employee is required to submit a written request to continue the fixed-term agreement.
If the contract was continued until the end of the pregnancy, the woman must, at the request of the manager, bring an updated pregnancy certificate every 3 months (it is recommended that the request be made in writing).
If an employee returns to work after pregnancy, the employer can fire the employee within a week, no later.
If an employee goes on maternity leave after giving birth, her manager will be able to terminate the STD on the day the leave ends.
If a pregnant woman is registered at the maternity rate of an absent employee, then the STD with her can be terminated when the main employee appears at work under the following circumstances (Part 3 of Article 261 of the Labor Code of the Russian Federation): the pregnant employee does not want to be transferred to vacant positions. At the same time, the institution is obliged to offer all vacancies that correspond to the qualifications of the employee and her state of health, regardless of the size of the salary (less or more).

This is important to know: Social guarantees in a standard employment contract (sample)

How long is a notification stored?

The list of archival documents is required to ensure the safety of personnel documentation, which includes the notification in question, for 75 years. To avoid damage to paper over such a long period, it is necessary to create suitable safe storage conditions, limit third party access to the location of documents, and exclude the possibility of exposure to moisture, fire and other hazardous factors.

In practice, such documentation is filed in a folder, which is placed in a fireproof cabinet with a locked door.

How to write an application for non-renewal of a fixed-term employment contract

When the designated deadlines come to an end, management is obliged to warn the employee in writing about the upcoming dismissal at least three days in advance. Otherwise, the employee may legally demand that the agreement be changed to an open-ended contract.

In the case of replacing an absent employee, written warning is not mandatory. This is explained by the fact that the event for termination (the return of a full-time specialist) is clearly and unambiguously stated in the original agreement.

The grounds for early termination of working relationships are contained in Articles 77, 78, 80 and 81 of the Labor Code. These documents describe the grounds for the employer and employee.

filling out a notice of termination of a fixed-term employment contract Details of the notification: Details Explanations for filling out Information about the employer General details of the company, can be issued on letterhead Data about the notified employee The full name and position of the conscript for whom the notification paper is intended is written in the right corner The name of the paper is written in the upper part the name of the document, the location does not matter, can be indicated on the left or in the center The title of the notification The wording can be any Address to the employee In a polite form, at the beginning of the text of the notification an appeal to the conscript is written, for example, “Dear Anna Sergeevna!” The text of the text should clearly explain to the addressee the reason for its writing.

Drawing up an application to extend a fixed-term employment contract: sample 2018

This means that if the dismissal date falls on a weekend or holiday, the dismissal procedure will take place on the next working day. Upon receiving the notification, the employee must write a receipt confirming receipt of the document. The notice of impending dismissal must contain the following information:

employee data
his position
date on which the notice was issued
delivery date
date of dismissal
signatures of the parties

Nuances and difficulties when submitting a notice of termination of an employment contract If a situation arises when an employee does not want to sign a notice of termination of the contract, it is necessary to draw up an act in which the current situation will be stated; this document must be certified by the signatures of the witnesses who were present at the time of delivery of the notice.

The employer should treat the issues of dismissal of employees very carefully and act only within the framework of the law. Judicial practice shows that the most frequent disagreements between the parties arise precisely because the employer does not know or ignores the letters of the law, which leads to conflicts in which the employee is the injured party. This article will discuss issues related to the dismissal of various categories of workers, as well as some nuances, documentation, deadlines and much more that everyone needs to know about.

Regulatory framework Labor relations regarding termination of the contract are regulated by Chapter 13 of the Labor Code of the Russian Federation.

Sample notice of termination of a fixed-term employment contract in 2018

Important

If after two weeks the parties have not terminated the agreement, then it is considered effective. The fact that a resigning employee is required to work for two weeks before leaving assumes that he will carry out his assigned duties as before. From the point of view of the law, such an employee is considered a full-fledged employee.

In some cases, it is possible to terminate a fixed-term employment contract by agreement of the parties without mandatory two-week work. This is possible subject to the consent of management. The deadline starts counting from the day following the day of filing the application. If the director refuses to accept the application, it can be submitted to the secretary of the organization. Moreover, this employee must sign the second copy of the receipt, indicating the date, his position and full name. If personal delivery is not possible, you can send the application by mail with acknowledgment of delivery.

Notice of termination of a fixed-term employment contract (+ sample 2018)

Attention

If the notice is sent by mail, it is not necessary to obtain the employee’s signature. The fact that the notification procedure has been carried out will be confirmed by a receipt for sending the letter to the employee and a notification of its transfer to the addressee.

Sample notice of termination of a fixed-term contract: How long the notice is stored The list of archival documents is required to ensure the safety of personnel documentation, which includes the notice in question, for 75 years.

To avoid damage to paper over such a long period, it is necessary to create suitable safe storage conditions, limit third party access to the location of documents, and exclude the possibility of exposure to moisture, fire and other hazardous factors. In practice, such documentation is filed in a folder, which is placed in a fireproof cabinet with a locked door.

How to terminate a fixed-term employment contract at the initiative of the employee

But if another employee has already been hired in his place, dismissal is inevitable. On the last day of work, the employer issues a work book and makes a full payment to the employee.

For health reasons If the employee has a documented persistent decrease in working capacity or loss thereof, confirmed by a medical examination (Art.

50 Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens dated July 22, 1993 N 5487-I), then the employer has the right to dismiss the employee under subparagraph "a" clause 3 of Article 81 of the Labor Code of the Russian Federation.

An especially valuable employee who is disciplined and efficient, whose illness does not pose a danger to colleagues and does not endanger their life or health, can be transferred by the employer to a more suitable area of work, based on treatment recommendations.

When the validity period expires, the employer carries out dismissal under clause 2, part 1, article 77 of the Labor Code of the Russian Federation.

For a short-term employment contract (up to 2 months), the employee will need to be notified three days before the expected date of dismissal. You cannot dismiss a person early without explaining the reasons for dismissal and without presenting evidence of the employee’s guilt.

If the company has made a reduction in staff, the manager is obliged to offer the dismissed employee another job. If there are no more available jobs, the employee is paid severance pay. This rule does not apply to employees hired for a period of less than 2 months.

How to issue a notice of termination of an employment contract The manager must notify the employee in advance of the upcoming termination of the contract. The notification document must be drawn up in writing and given to the employee within at least three days.

In some situations, a fixed-term contract may cease to operate before the deadline specified in it.

This is done in cases where: Rules for drawing up a notice

The employee was hired temporarily to replace an absent employee.
If the former employee returns to the workplace early, the contract loses its force. The final date in this case is not specified in the employment contract. The contract is terminated when the replaced employee enters the workplace.
The contract was concluded for the period of performance of a certain amount of work. Such a contract is terminated upon completion of all proposed work.
A seasonal employment contract ends at the end of the season.

When the term of the employment contract has already expired, and the manager has not previously notified the employee of the dismissal, the fixed-term contract is recognized as indefinite, and the employee receives the right to continue working at this enterprise. Notice of dismissal is provided in writing.

There are options for concluding a fixed-term contract without specifying a specific date; in this option, its validity period lasts until the occurrence of any fact. Such an agreement is concluded in cases where:

seasonal work is planned
the employee hired for the position will replace a permanent employee who officially remains in his position
An employee is assigned to a position that has a limited time frame.
it is necessary to carry out a set of works that are not typical for the activities of this enterprise, for example, repair work
an employee is hired for an elective position

A fixed-term contract is concluded for a certain period, after which the employment relationship is terminated. It is important that the text of the contract stipulates and fixes the terms and indicates the type of the contract itself.

Some amendments to labor legislation deserve special attention, in particular Federal Law No. 13 of February 28, 2008 “On Amendments to the Labor Code of the Russian Federation.”

According to it, a rule arose in the law providing for the payment of material compensation to the employer in the event of termination of the employment contract at the request of the employee without compelling reasons. This norm is provided for in Article 348.

12 of the Labor Code and applies only to those whose contract contains such a condition. The rule applies equally to any form of contract, but is not always included in the contract.

Thus, an employee has the right to terminate a fixed-term employment contract on his own initiative, but this should be done competently in order to avoid adverse consequences. In this case, it is more advisable to take into account the possibility of early termination at the stage of concluding an employment contract.

Source: https://advokat-na-donu.ru/kak-napisat-tekst-zayavlenie-o-neprodlenii-srochnogo-trudovogo-kontrakta/

Sample agreement between the parties on termination of an employment contract

VIDEO ON THE TOPIC: How to draw up an additional agreement to an employment contract?

We add that in addition to wages and compensation for unused vacation, additional money may be paid. This is only possible if a dismissal agreement was signed by agreement of the parties with compensation, a sample can be seen below.

The employer and employee are equal partners, whose rights and obligations are clearly stated in the contract, which is concluded at the time of employment. The contract can be terminated at the request of one of the parties or by mutual agreement.

So what does dismissal by agreement of the parties mean? The agreement of the parties to terminate the employment contract as a general basis for termination of the employment contract is included in Part 1 of Article 77 of the Labor Code of the Russian Federation under paragraph 1.

If the dismissal is by agreement of the parties, p. This can be done at any time. After this, the employer and employee begin to discuss the terms of termination of the contract. All agreed terms must be documented.

The dismissal agreement by agreement of the parties, the sample in our article, must be drawn up in two copies. The employee and the administration represented by the general director put their signature on it.

One copy of the dismissal agreement, by agreement of the parties, the sample below, is given to the resigning employee, the second is stored in the personnel department of the enterprise. It specifies the conditions for dismissing the employee.

It also contains information about the last working day and the amount of payments upon dismissal by agreement of the parties, a sample agreement can be downloaded below.

On compensation upon dismissal by agreement of the parties. The payment of severance pay may be provided for in a collective or labor agreement between the employee and the employer. As a rule, we are talking about three months' earnings of an employee. It is important to note that such compensation is subject to personal income tax and insurance premiums.

Upon dismissal by agreement of the parties, the employer makes a calculation certificate and transfers the amount, which consists of wages for the last month worked, compensation for unused vacation, and severance pay, which was agreed upon. Termination of an employment contract by agreement of the parties is possible for example for open-ended and fixed-term employment contracts. The employee must submit the application in writing. The application form for dismissal by agreement of the parties is free.

It is written by hand on a sheet of A4 paper. You can also type it on your computer and print it out. Many enterprises use a company form for resignation by agreement of the parties.

The document is drawn up in two copies and includes:.

And also, if this is a dismissal by agreement of the parties with payment of compensation, you can specify all additional conditions for terminating the employment contract.

Such as:. Waiver of the obligations specified in the agreement is possible only with the consent of the other party. Article 78 of the Labor Code of the Russian Federation requires the achievement of mutual agreement on this issue by all interested parties. The agreement cannot be terminated unilaterally.

This is a special category of workers whose interests are protected by laws. It is impossible to dismiss a pregnant woman at the request of the employer. However, dismissal by agreement of the parties is applicable.

It should be noted that if such an employee refuses to resign by agreement of the parties, the employer may terminate the employment contract on a set date.

After receiving the application, the manager puts his signature on the document as a sign of consent. The next stage of dismissal is the execution of an order, which the employee must read and sign.

The act is drawn up on the basis of the standard form of the document and taking into account the Labor Code of the Russian Federation. Changes and additions by the employer are also possible. Withdrawal of a letter of resignation by agreement of the parties is possible at any time before receiving the written consent of the director.

If the employer has made a positive decision, the recall is carried out only if he does not mind.

The document indicates the last day of work. Based on it, personnel employees prepare documents regarding the termination of the employment contract, and the company’s accountant makes accruals. There are nuances that should be taken into account:.

The document must be registered in the application log and stored in the organization’s archives for 75 years.

In a situation where an employee signed and dated an agreement, and then changed his mind and wrote a statement of his own free will, the employer must proceed as follows.

If on the application the date of dismissal, taking into account the work, falls on an earlier day, then the employer must dismiss him under paragraph 3 of Art. And if the date of the application is later, then dismissal by agreement of the parties is Article 77, paragraph 1.

Raising the retirement age by 5 years created additional problems not only for citizens, but also for employers.

How to act in the new conditions so as not to violate the rights of pre-retirees and not fall under administrative or even criminal liability?

Dismissal of an employee for disclosing a trade secret is the most severe type of disciplinary sanction that can be imposed on an employee for failure to comply with the employer's duty to maintain secrets.

We will tell you in what cases it is possible to apply this measure of influence to an employee, and what to pay attention to so that the court does not reinstate the dismissed employee.

Severance pay is an amount determined by law that is paid to an employee upon dismissal in addition to wages.

Some employers refuse to pay money without fear of punishment. In some cases this is acceptable, but sometimes it can lead to lawsuits and fines. Dismissal due to conscription into the army is a forced procedure for terminating employment relations based on a summons received.

To issue it, you will need to check the summons for compliance with the requirements, issue an order, pay money, make entries in the employee’s work book and personal card.

A fixed-term contract must be terminated on a pre-agreed date: upon completion of certain work or on the day the employee whose duties were performed by the fixed-term contract goes back to work.

However, sometimes the absence of an employee on the day of dismissal or notice of dismissal can be confusing. Application for dismissal by agreement of the parties. Nikita Kostrov, expert of the Personnel Council.

An application for dismissal by agreement of the parties is a document that sets out the conditions under which the employee is ready to terminate the employment relationship. The procedure for dismissal by agreement of the parties is clearly stated in the Labor Code of the Russian Federation.

Dismissal by agreement of the parties is mutual agreement to terminate the employment contract.

Related articles. Dismissal by agreement of the parties, sample agreement Let's consider step by step how dismissal occurs by agreement of the parties: Negotiations between the employee and the employer on the terms of termination of the contract.

Drawing up an agreement that includes compensation for dismissal by agreement of the parties. Writing a letter of resignation by agreement of the parties, a sample can be found in the article. We provided a sample in the article for the employer to create a dismissal order by agreement of the parties. Making entries in the labor record by HR department employees.

Making an entry in the work book of the dismissed person and issuing it. Full calculation of payments. Upon dismissal by agreement of the parties, a note is made in the work book indicating Article 77 of the Labor Code of the Russian Federation. Materials on this topic are available in ConsultantPlus. Get access. Nikita Kostrov. Express your opinion on the article or ask the experts a question to get an answer.

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Memo for employers on dealing with pre-retirees Raising the retirement age by 5 years has created additional problems not only for citizens, but also for employers.

How to fire an employee for disclosing a trade secret Dismissing an employee for disclosing a trade secret is the most severe type of disciplinary action that can be imposed on an employee for failure to comply with the duty to maintain the employer's secrets.

How to fire without paying severance pay Severance pay is an amount determined by law that is paid to an employee upon dismissal in addition to wages. How to dismiss in connection with conscription Dismissal in connection with conscription into the army is a forced procedure for terminating employment relations on the basis of a received summons.

We terminate a fixed-term contract in the absence of an employee. A fixed-term contract must be terminated on a pre-agreed date: upon completion of certain work or on the day the employee whose duties were performed by the conscript returns to work.

Other sample documents. We are filing a resignation letter. Order of dismissal by agreement of the parties. Order to reduce staff. Dismissal by agreement of the parties: sample agreement and procedure for drawing up. Notice of dismissal. Club TK.

The right of a citizen to resign by his own decision is enshrined in clause. The rules for termination on this basis are specified in Art. A worker can resign on his own initiative at any time.

When terminating any contract, you should refer to the article. It regulates the general procedure for formalizing the termination of an employment contract. According to clause 78 on termination of an employment contract by agreement of the parties, it states that on this basis the contract can be terminated at any time.

How to write a resignation letter

Let's start with the fact that Article 80 of the Labor Code of the Russian Federation is devoted to the termination of an employment contract at the initiative of the employee. It contains the requirement that a person’s desire must be formalized in writing.

Without written confirmation of your will, as the Labor Code says, severing an employment relationship means obviously taking a risk, and the risk is mutual: the employee can sue for illegal dismissal, and the employer can consider the employee’s absence from work to be absenteeism and fire him under the article for absenteeism. The form of application for dismissal is not established by law, but there are a number of mandatory requirements for it. So, the employee must give two weeks’ notice of his desire to leave. It is necessary to count two weeks from the next day after submitting the application, for example, submitted on January 17, the countdown begins on January 18, the last working day is January 31.

Sample application for termination of a fixed-term employment contract

Source: https://bitnewsdaily.ru/hozyaystvennoe-pravo/kak-napisat-tekst-zayavlenie-o-neprodlenii-srochnogo-trudovogo-kontrakta.php

Documents grounds for drawing up an order

At the end of the 3-day period from the date of delivery of the notice to the fixed-term employee, a dismissal order is drawn up, which lists in a separate line the details of the documents that serve as the basis for the dismissal:

No. and date of the fixed-term agreement and its clause, which specifies the conditions for termination;
No. and date of the notification document sent to the employee to notify him of the expiration of the validity period.

These two documents are sufficient to issue an order. If the dismissal is related to the return of the person being replaced to the workplace, then the basis will be only the clause of the contract, which stipulates that the moment of termination of the agreement is recognized as the return of the main worker to work.

Drawing up an agreement, sample of filling out an application and order

If all the provisions of the fixed-term contract drawn up earlier remain in force, except for the date of dismissal, the parties can draw up an agreement.

An agreement is an additional document that acts as an annex to the main agreement.

Therefore, it must indicate the details of the main employment contract, with reference to its legal powers.

Based on the previously drawn up contract, the reason for the extension of tenure should be adjusted. This could be “extension of parental leave for the main employee,” “the need to complete previously planned work on a new date,” etc.