Often the working hours of employees and management do not coincide. For this reason, a person’s last working day may fall on a weekend. It also happens that according to a person’s schedule, a day of rest falls at the time of termination of the agreement. Dismissal under a fixed-term employment contract on a day off is not permitted by the legislator. Therefore, to answer the question regarding when to fire an employee, you need to turn to the Labor Code of the Russian Federation.
Procedure
The process of terminating employment relations is being implemented in a simplified format. This provides that the management of the enterprise issues an act regarding the termination of the agreement. Some difficulties may also arise. They are associated with the fact that the initiative to terminate the contract is taken by the employee, employers, or there is an agreement between the parties.
On the day the contract expires, an order is issued indicating the end of the person’s labor activity. Each party has the right to express its desire to terminate the agreement earlier than the deadline. The employer also has the authority to send notice of the expiration of the document. The dismissal procedure is carried out in accordance with labor legislation.
Expiration of a fixed-term employment contract to perform work
The process of terminating the employment relationship with employees who work on fixed-term contracts is slightly different from the standard dismissal procedure.
We invite you to read: Validity period of the loan agreement
The reason for dismissal under a fixed-term employment contract may be the end of its validity period. But in this case, it is important not to miss the deadlines. The basis is clause 2 of Art. 77 of the Labor Code of the Russian Federation, which applies in cases where the parties have decided to terminate further labor relations.
Dismissal must be preceded by a written warning from management issued to the employee at least 3 days in advance. The fact that the dismissed person is familiar with the notice sent to him must be recorded. The only exception is the termination of the contract on previously accepted conditions, under which the duties of an employee absent for any reason were temporarily performed (Article 79 of the Labor Code of the Russian Federation).
The absence of notice of dismissal does not allow dismissing an employee due to the expiration of the employment contract. In such cases, the employment relationship can be terminated only on other conditions provided for by law.
Drawing up a notice of termination of an employment contract is allowed in any form. It should reflect the date and reason for dismissal. If the employee refuses to familiarize himself with the notice, a corresponding act is issued.
Termination of employment under a fixed-term employment contract is permitted in the following cases:
- If the contract is drawn up for the purpose of performing certain types of work, termination occurs upon completion. In this case, an act of acceptance and transfer or performance of work is drawn up. The end of the contract term is the next day after the act is drawn up.
- If the contract implied the fulfillment of the duties of a temporarily absent employee, then it terminates when the employee returns to the workplace.
- A fixed-term contract can also be concluded for a period of seasonal work. It ends after the end of the designated period. Lists of seasonal work and their terms are established by the Government of the Russian Federation.
See also “Termination of a fixed-term employment contract during sick leave.”
After the termination of the employment relationship, the employee receives a work book, payroll and related documents.
For more detailed information about the documents issued upon dismissal, see the material “Certificate of wages - sample and form in 2018-2019.”
If an employee decides to leave the workplace after the end of the contract, the employer does not have the right to retain him.
Upon dismissal, the employee is guaranteed all due monetary payments: payment for the period of work, compensation for unused vacation. If a fixed-term contract was drawn up for a period of up to 2 months, then compensation for vacation is calculated at the rate of 2 days for 1 month worked (Article 291 of the Labor Code of the Russian Federation). The grounds for termination of the employment relationship do not affect the amount of compensation paid. The terms of the contract may provide for other payments, such as severance pay, the amounts of which are reflected in local documents.
We invite you to familiarize yourself with: Mandatory conditions of the preliminary agreement
Under some circumstances, the termination of fixed-term contracts occurs earlier than the established period, including on the basis of the provisions of Art. 77 of the Labor Code of the Russian Federation, by mutual agreement of the parties, at the initiative of the employer and other circumstances beyond the control of the parties.
Dismissal under a fixed-term employment contract caused by the employee’s initiative must be accompanied by a written notification from management 3 calendar days before the expected date of termination of the employment relationship.
The employee must be notified in writing of the termination of the labor contract due to its expiration at least three calendar days before dismissal, except in cases where the period of validity of the labor contract concluded during the performance of the duties of the absent employee expires.
The original notification is given to the employee personally, and on the copy of the notification he must put a personal signature with a transcript, as well as indicate the date of receipt of the notification. A copy of the document is filed in the employee’s personal file.
If you refuse to familiarize yourself with the notification, a corresponding act is drawn up.
If the STD is terminated after the expiration of the validity period, the employee is dismissed under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation - due to the expiration of the TD period. In this case, an order is issued to terminate (terminate) the trade agreement with the employee (dismissal). The unified form of such an order No. T-8 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. The employee must be familiar with the order (instruction) on dismissal. A copy is filed in the employee’s personal file.
The conclusion of an urgent TD does not change the employer’s obligation to provide annual basic paid leave of 28 calendar days while preserving the place of work and average earnings. In accordance with Article 127 of the Labor Code of the Russian Federation, upon dismissal, monetary compensation is paid for all unused vacations. Wherein:
- Those employed in seasonal work are provided with paid leave at the rate of two working days for each month worked (Article 295 of the Labor Code of the Russian Federation).
- Those who have entered into a labor contract for a period of up to two months are provided with paid leave at the rate of two working days per month worked (Article 291 of the Labor Code of the Russian Federation).
At the request of the employee
The Labor Code indicates the possibility of terminating an agreement at the employee’s will, and the type of employment agreement does not matter. When the agreement was concluded for the purpose of performing seasonal work or the validity period is less than two months, the employee must notify the company of his desire to resign.
Notification is sent in writing. The deadline is set by the legislator - three days before the termination of the relationship occurs. The grounds for termination of employment may be the lack of opportunity to continue working. For example, this happens when enrolling in university, retirement, etc. In the listed situations, the contract is terminated within the period reflected by the person in the application.
Read on topic: Early termination of a fixed-term employment contract
On a weekend
When the day of dismissal falls on a weekend, there is usually no serious problem associated with this. When terminating an employment relationship under a fixed-term agreement, it is required to notify the employer three days in advance. Therefore, it is possible to calculate in advance what day of the week the dismissal falls on.
It is important to know! If none of the parties expresses a desire to terminate the relationship, then the contract expires automatically. Therefore, a situation may arise that the day of termination of the agreement period falls on a weekend.
The question is resolved this way:
- the day of dismissal is considered to be the day preceding the onset of the day off;
- the day following the weekend.
In practice, controversial situations may arise related to the termination of relations with certain categories of workers. For example, a pregnant woman is considered such. If an employer violates her rights, she can go to court to protect them.
Recording in labor
Read on the topic: Grounds and conditions for terminating a fixed-term employment contract
Similar to an ordinary employment agreement, when terminating a fixed-term one, an entry must be made in the work book. After the contract period expires, a corresponding entry must be made in the specified document. It should be noted that when applying for employment, it is not necessary to indicate the temporary nature of the duties.
If the contract is terminated, the employer is obliged to indicate that the basis was the expiration of the validity period of the act. The exception is the presence of other grounds for dismissal. In a situation where the validity period has expired, but the person continues to work, the agreement takes on the character of an unlimited term. After this, the provisions of labor legislation apply to him.
Sample entry in the work book about termination of a fixed-term contract
Notification
An important component of the procedure for terminating an employment relationship is the preparation of a notice. This is reflected in labor legislation. If such provisions are not met, there is an opportunity to appeal. The notification includes information regarding the employee’s details and the position he occupies; each notification has its own number and date.
Sample notice of termination of a fixed-term employment contract
Also included are information regarding the agreement that was concluded with the employee, the day on which it expired and the person was fired. The employer signs the document and sets the date of preparation.
Experts do not recommend neglecting this act, since in the event of a conflict it will be possible to prove that the dismissal process was implemented in accordance with the provisions of the laws.
At the end of the agreement, a certain sequence of actions is established. Initially, the employee must be notified that the fixed-term contract is expiring. It does not matter that such a deadline falls on a weekend. Then an order is issued reflecting the termination of the employment relationship.
Sample order for termination of a fixed-term contract
The employee reads the order and signs. Otherwise, it is considered that the person is not familiar with the document. If the day of dismissal falls on a weekend, the employer must pay the employee the day before or immediately after the weekend. Also, on the day of payment, a person is given a work book.
How to fire if the last date falls on a non-working date, and what date should the order be made?
Termination of the contract during non-working hours is carried out according to the standard algorithm:
- the personnel service issues an order (based on an application from the employee, an agreement between the parties and other documentation);
- The employee should be familiarized with the paper against signature;
- the corresponding entries on the termination of the contract are entered into the employee’s personal card and work book;
- on the last day, payments are settled with the citizen and work documentation is issued.
A special feature of dismissal on a non-working day is the need to correctly enter the dates on the papers in order to avoid violation of labor laws and the rights of the employee.
The recommended procedure for termination and documentation depends on the circumstances of termination of the labor relationship of the parties:
- The employee has a day off, while the administration is working.
This situation arises, for example, when working a shift schedule or writing a letter of resignation while on vacation. The dismissal procedure is carried out on the current day. The order is issued on the date of termination of the relationship, the employee is invited to sign the documentation and issue a work book. If the employee does not show up at the organization, he is sent a notification with a request to pick up the papers or give consent to send them by mail. The calculation in the absence of a person is provided no later than the next day after receiving the request from him. - It’s the administration’s day off, the employee’s last day of work.
For example, a citizen’s work shift falls on Saturday or Sunday. In this case, the procedure for terminating the contract will not be postponed; the order must be issued on the day of dismissal (weekend). Working documentation and calculations are also provided on non-working days. For this purpose, employees of the HR department and accounting department are involved in working on weekends, for which they are provided with double pay or the right to an additional day of rest. - The employee and the administration have a day off. In this case, the date of dismissal is transferred to the next working day. The order indicates the date of termination - the last working day.
- At the end of the term of a fixed-term contract, a dismissal order can be issued either directly on a day off, on the next working day, or the day before. In the latter case, the actual date of departure is indicated in the document.
- By agreement with the employee, it is possible to terminate the contract on the eve of a weekend or holiday (on the last working day). Then the order is dated by the final working date, the day of dismissal is indicated as a day off. The work book is issued and payment is made the day before.
Sick leave
The employer must keep in mind that the validity of the agreement is not dependent on third-party situations. Therefore, when an employee is on sick leave, the company’s management sends him a notice that the contract is coming to an end. It is important to ensure that the employee signs receipt of the document. Otherwise, it will not be possible to prove the fact of delivery. After this, the process starts as usual.
Companies are now increasingly using fixed-term contracts. Due to the fact that the drawing up of such a document and its termination has many nuances, the legislator has made attempts to take into account the interests of both parties to the agreement. Before you start drawing up a contract, you need to understand the intricacies of the procedure for terminating an employment relationship under such a document.
Results
Termination of a fixed-term employment contract must be carried out in accordance with all the rules enshrined in the Labor Code of the Russian Federation, in compliance with the established deadlines. Otherwise, if conflict situations arise between the parties, termination of the contract will have to be carried out on a general basis, involving longer service or, possibly, a higher level of payments upon dismissal.
We invite you to familiarize yourself with: Certificate of suspension of work under a contract
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