Sample order of dismissal upon expiration of the employment contract

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

Features of dismissal of pregnant women and those on vacation

Dismissing a pregnant woman is permissible, but for this, employers must comply with certain conditions. Article 261 of the Labor Code of the Russian Federation is the document that provides the most information on this matter.

In fact, termination of an employment contract with this category of citizens is possible if:

• the entrepreneur’s activities have been terminated;
• the company is liquidated;
• The employee whom the pregnant woman was replacing came to work.

Fixed-term contracts are renewed automatically if the citizen sends a corresponding request to the manager. The main thing is the presence of a certificate from the antenatal clinic confirming pregnancy. The document is extended until the pregnancy ends.

If the contract expires while the citizen is on parental leave, no deferments are provided. The contract is simply terminated. The dismissal of an employee follows the standard procedure.

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:

How are dismissals appealed?

The dismissal document is still considered valid even if the employee did not receive timely notice. To appeal such actions, citizens are advised to go to court. You must have documents confirming your employment with you.

This especially applies to the employment agreement. The document must contain information regarding the current level of income of the citizen. If this type of paperwork is not provided, you have the right to request a certificate, which will still indicate the necessary information.

They go to court to prove the illegality of either the dismissal itself or the entries in the work book. Unlawful layoffs can be appealed a maximum of one month after the event occurred.

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.

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

What is the term of an employment contract and how do you understand that it has expired?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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Based on the period of validity, the Labor Code (Article 58) divides employment contracts into only two categories: fixed-term or unlimited. The difference between one and the other is that the first will necessarily indicate the time period of its action. If such a clause is omitted in the work agreement, it will be considered signed for an unspecified period, with all the ensuing labor guarantees.

Whatever one may say, employees hired on the basis of an unlimited period of performance of their functions are, formally, better protected than conscripts. To ensure that the employer does not get carried away with such concessions, the legislator has established a number of restrictions:

• the maximum duration of such a contract is 5 years (this limit is established by Article 58 of the Labor Code of the Russian Federation, but does not exclude the possibility of using special laws of the Russian Federation);
• the signing of an agreement limited to a certain period is possible only for those works that do not imply cooperation on an ongoing basis, Art. 59 Labor Code of the Russian Federation;
• you can argue about the legality of offering a fixed-term contract in court, in this situation it becomes indefinite;
• the contract will automatically become permanent if the notice period for its termination is missed, Art. 58 Labor Code of the Russian Federation.

There is a division within the very concept of fixed-term contracts. Depending on the conditions under which the temporary contract is concluded, its expiration date and warning period will be determined, Art. 79 Labor Code of the Russian Federation:

Regardless of whether the employee himself remembers when his contract expires, management is obliged to duplicate this information. Moreover, a verbal reminder will not be enough; for the purpose of dismissal due to the expiration of the employment contract, a written notice is provided, not in the form established by law, but in a common sample.

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.

Documents grounds for drawing up an order

To prepare administrative documentation, documentary evidence is required. If a dismissal order is drawn up due to the expiration of a fixed-term contract, such confirmation is the following documents:

• Notification of the employer about termination of activity;
• A clause in a fixed-term contract that indicates the moment at which it expires.

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

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.

Grounds for signing a fixed-term employment contract

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

1. Replacement of a temporarily unemployed permanent employee.
2. Carrying out seasonal or other work for a period of no more than two months.
3. Execution of labor operations that are completed by a certain point.
4. Carrying out special types of work and services that are not included in the usual types of work and services performed by the company.
5. Overseas business trip.
6. Employment affiliated with internship or training.
7. Completion of alternative civil service.
8. Temporary work performed by persons directed by the Employment Center.
9. Work performed by specialists in certain types of professions: paralegals, prosecutors and other civil servants.

A fixed-term contract differs from a regular employment agreement in that it specifies a specific date for its completion or the end of the production of the agreed labor operation and service. A fixed-term employment contract provides for the completely legitimate dismissal of a worker upon expiration of a certain period or upon completion of a business function stipulated in the contract.

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.

Payments upon termination of the contract

During the dismissal procedure, the employee has the right to payments that are due for vacation days not taken off:

• signing a contract with a validity period of about 2 months gives the right to compensation for vacation when working at the enterprise for more than 15 days;

Information

The calculation is based on summing up the months worked, multiplying by a factor of 2 and then dividing by the average daily earnings

• when concluding a transaction for a period of 2 to 11 months, compensation is calculated according to the same scheme, but the amount will be higher due to an increase in the duration of work;
• the validity of a concluded contract for a period of more than 11 months implies the use of a calculation coefficient of 2.33, taking into account the number of vacation days used.

At the end of the contract, the employee is entitled to payments for all days of unused vacation. The calculation is made on the basis of wages.

In accordance with the Labor Code of the Russian Federation, upon dismissal at the end of the contract, an employee has the right to receive special benefits established by the enterprise and wages for the period of time worked.

Payment of all accrued compensation in connection with dismissal upon termination of employment must be made on the official date of signing the relevant order.

For your information

If both parties continue further cooperation, then the grounds for dismissal automatically lose their legal force. If controversial issues arise, all papers under consideration must be formalized in accordance with the law.

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

Filling example

The execution of orders is usually carried out by secretaries of managers or personnel officers. It is important to understand in what order and what information to provide on Form T-8.

The algorithm for filling out the form is given below:

• In the header of the order, indicate the name of the organization in the appropriate field;
• at the top of the sheet, in two columns, enter the order number and its date of preparation;
• Please indicate below the number and date of conclusion and termination of the fixed-term employment contract;
• put the subordinate’s personnel number in the cell;
• Below in the appropriate fields, enter the surname with initials and other input data of the employee.
• Just below, indicate the basis for termination of the employment contract. They indicate the end of the agreement and provide a link to the second paragraph of the first part of Article No. 77 of the Labor Code of Russia. They also write the number and date of the notice of termination of cooperation issued in advance in accordance with the Labor Code of the Russian Federation;
• In the appropriate field, enter the position, surname and initials of the head of the organization. His personal signature is placed. Just below the date of familiarization with the employee’s order, his initials, surname and signature are indicated.

A sample order for dismissal upon expiration of the employment contract is available.

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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.

An employment contract for a specified period - what does it mean?

It is not always possible to conclude a standard employment agreement with an employee. The law allows concluding an employment contract for a certain period of time in such cases.

This is relevant if:

• The employee only needs to complete a specific task;
• Temporary work is required;
• Seasonal work required.

If the expiration date of a contract of this type falls on a weekend, the last working day for the employee is the first working day after the weekend.

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.

Early termination of a fixed-term contract at the initiative of the employee

The organization entered into an employment contract with the employee for a period of one year.
A month later, the employee wrote a letter of resignation. Does he have the right to resign before the end of the contract? Termination of an employment contract before its expiration occurs according to the same rules that apply when terminating open-ended contracts. The fact is that the article of the Labor Code, which contains a list of grounds for termination of an employment contract, does not distinguish between a fixed-term and an open-ended contract. Thus, a temporary employment contract can be terminated before the expiration of the period specified in it not only at the initiative of the employer, but also at the request of the employee (Article of the Labor Code of the Russian Federation, paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2), as well as by agreement of the parties (Article of the Labor Code of the Russian Federation, clause 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2) and due to circumstances beyond the control of the parties to the agreement (Article of the Labor Code of the Russian Federation).

If an employee intends to resign of his own free will, he is obliged to notify the employer about this. At the same time, the Labor Code did not establish any specifics in relation to contracts concluded for a period of more than two months. This means that the employee must notify the employer of his desire to terminate such a contract at least two weeks in advance (Article of the Labor Code of the Russian Federation). If the term of the employment contract is less than two months, then the warning period is reduced to three calendar days (Articles 292 and 296 of the Labor Code of the Russian Federation).

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.

Is it possible to challenge dismissal?

An employee can challenge his dismissal by filing a claim with the highest courts. To do this, you need to draw up the application itself in free form and attach the following documents to it:

• a copy of the employment agreement;
• income certificate in form 2-NDFL;
• copies of all pages of the work book.

In the claim, you need to describe in detail your claims against the employer and explain what, in your opinion, is the illegality of the dismissal procedure. Perhaps the employer did not notify the employee on time that the employment contract was ending. Or the employee was hoping to make the contract permanent, but the employer, who had promised this to the employee earlier, suddenly changed his mind. In addition, there are cases when an employer decides to fire an unwanted employee “quietly” without explanation or witnesses, so as not to make a fuss, etc.

If the employer complied with all the requirements of the law and fired the employee silently, arguing that the term of the employment agreement had actually expired, then this claim will most likely not be satisfied, because the expiration of the employment contract actually means the termination of all working relations between superiors and subordinates, even if the manager had no complaints about the work of his subordinate.

The boss has the right to silently dismiss an employee who does not meet his criteria, naturally, after taking him through all the legal procedures for preparing documents in accordance with the law. That is why judicial practice in these cases is not very favorable to former employees.

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.

Sample and sample notification

The text of the document is formed in free form, and it is advisable to ensure the presence of the following details:

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

It is also advisable to provide a place for the signature of the person to whom this paper is addressed. When delivering a notification document to a conscript, you must require him to sign in the designated place and indicate the date. This record will confirm the employee’s awareness and compliance by the employer with the required dismissal rules upon expiration of the employment contract.

If the employee does not want to sign, his refusal must be reflected in the notification itself in the presence of witnesses or a statement of refusal must be drawn up. If the notice is sent by mail, it is not necessary to obtain the employee’s signature; a postal receipt of receipt will be sufficient.

Example notification: