Dismissal of an employee 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.

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 2022 will help guide you 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:

Grounds for recording dismissal

The dismissal of a temporary worker is subject to the provisions of the contract, which expires on a specified date. It is not always established precisely: it may be associated with the occurrence of an event (the departure of the main employee).

Early dismissal of an employee in a temporary job is also acceptable. A closed list of grounds for the employer is listed in Article 81 of the Labor Code of the Russian Federation. If the employee himself wants to terminate the legal relationship ahead of schedule, he can do so without giving reasons.

The most common reasons for early termination of agreements are:

• mutual agreement;
• initiative of one of the parties;
• transfer to another place of work;
• refusal of further cooperation due to fundamental changes in working conditions, changes in management.

Such situations, in principle, do not affect entries in the work book. And the wording will correspond to the actual reason for termination of the contract.

Before filling out the work book, the employer draws up a dismissal order. The date in it coincides with the information entered into the document. If a person replacing the main employee was hired for the position, then the reason is stated “in connection with the resignation of I.P. Petrov.” Accordingly, the day of departure of the deputy is indicated as the previous one relative to the acceptance of the main employee.

Read on the topic: Application for dismissal under a fixed-term employment contract

Read on the topic: Final payment and compensation upon dismissal under a fixed-term employment contract

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

Termination of STD at the initiative of the employer

The head of an LLC or individual entrepreneur has the right to terminate an employment contract that was previously concluded on the basis of Art. 59 of the Labor Code of the Russian Federation, on its own initiative before the expiration date of its validity under Art. 81 Labor Code of the Russian Federation. As in the case of an open-ended contract, the manager is obliged to comply with legally significant circumstances:

1. Record the fact of violation of labor discipline with a memo, report card (T-14), or act in the presence of at least three witnesses. Evidence of a violation can also include data from checkpoints and CCTV cameras, and witness testimony.
2. Take into account the circumstances of the offense, the severity and identity of the employee. If there was no disciplinary offense as such, but the employee did not pass certification or does not cope with the labor function assigned to him, then in this case you can refer to clause 3) of Art. 81 Labor Code of the Russian Federation. Remember that you must not allow discrimination in the world of work and fire someone guilty “under the article” without good reason. It will be necessary to involve a representative of the Trade Union organization in which the employee is a member and convene an internal corporate commission, which will decide on the advisability of expelling the temporary employee from the staff by a majority vote. There is a backup option: sign an agreement to terminate the STD by mutual consent.
3. Demand written explanations from the employee or, at a minimum, prove the fact that an explanatory statement was requested from him. To do this, it is necessary to hand over the request to the person leaving in person, or send it by a valuable letter with acknowledgment of delivery to his place of residence and registration address.
4. Draw up a corresponding act 2 days after receiving the refusal (or lack of explanation).
5. Send the employee a notice of termination of the STD in a similar way (see clause 3). The document must contain the reason and date of termination of the STD, signatures of the parties to the labor relationship.
6. If an employee refuses to sign the notice, another act of refusal is recorded in the presence of 3 witnesses.
7. Draw up a termination order with the STD details and a link to the notification. It is convenient to use the T-8 form (but not necessary, you can use your own draft order). Within 3 days from the date of publication of the document, it is necessary to familiarize the employee with his signature or document his refusal to endorse the order.
8. Make an appropriate entry in the labor record or STD-R. Hand over the documents to the employee in person or by a valuable letter with acknowledgment of receipt.
9. Transfer the balance of your salary on the day of dismissal in accordance with Art. 140 Labor Code of the Russian Federation. In our case, additional compensation is not provided (unless otherwise expressly stated in the STD or additional agreement).

If an employee has completed a certain work (list of works), then the STD can be terminated after drawing up an act in the T-73 form. The contract is considered terminated. the day after the signing of the T-73.

Any mistake, even a seemingly insignificant one, when concluding or terminating a STD can be a reason to challenge the case in court. Special attention should be paid to situations in which employees cannot be fired (especially pregnant women, pensioners and the disabled). During the period of termination of the STD, it is necessary to ensure that the employee receives notice of dismissal under a fixed-term employment contract in a timely manner.

If you need help in preparing personnel documents or require professional advice on the Labor Code of the Russian Federation, then you can call RosCo lawyers at the numbers: 7 (800) 222-24-50.7 (499) 444-00-00 or leave online application on rosco.su.

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.

Order of dismissal

Form T-8 is usually used for registration. The following fields are filled in:

• employer (full or short name);
• Document Number;
• Date of preparation;
• date of signing and number of the employment contract;
• day of dismissal;
• information about the employee (full name, number, place of work, position);
• grounds for termination of the contract;
• reference to the Labor Code in accordance with which the dismissal occurs;
• signatures of the manager and the person being dismissed.

The approved order is the basis document for calculating all payments due to the employee. The grounds for termination of an employment contract may be different, depending on who initiated the dismissal:

• by agreement of the parties
• at your own request
• upon expiration of the fixed-term contract
• for violation of labor discipline, etc.

Sample order for termination of a fixed-term contract

Sample order for dismissal by agreement of the parties

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.

Algorithm for the procedure

1. Timely warning

The employer is obliged to prepare a message to his employee about his intention to release him from work due to the expiration of a previously signed contract no later than 3 (three) calendar days in .

For example:

If the contract expires on May 30, then the last day for delivery of the notice to the employee will be May 26.

It is not necessary to adhere to three days when it comes to exempting citizens who were hired to replace an absent employee from work. Because the person for whom this place is the main one has the right to start work at his own request. Thus, the date of release from the duties of a temporary employee will be the day preceding the day the permanent employee leaves.

Attention

The legislation does not talk about the consequences that will occur for the employer if the notice was served untimely. However, in the future, the dismissed employee can apply to a civil court with a request to be reinstated.

What should the notice be? There is no approved form, but in order to avoid questions related to the legality of ending the employment relationship, it is advisable to indicate in the letter:

• the reason and date of release from duties, as well as refer to the legislative act;
• year, month, date of delivery;

If the dismissed person is absent from the workplace, the employer must send a written warning by registered mail. Then the date of notification will be the day on which the letter was delivered.

How to fire an employee when he is not at work, but the employment relationship with him must be terminated?

If a citizen does not work on the day the contract ends, for example, due to being on vacation or illness, then the relationship with him is terminated on the day the contract ends. Dismissal of an employee on vacation or sick leave is prohibited only at the initiative of the employer (except for the reason: liquidation of an enterprise or closure of an individual entrepreneur), dismissal upon expiration of the employment contract is an independent basis for dismissal (Article 79 of the Labor Code of the Russian Federation) and is therefore permissible.

If none of the parties to an employment relationship that is urgent in nature has demanded its termination due to the expiration of its validity period, then the condition on the urgent nature of the employment contract loses force, and this agreement is considered concluded for an indefinite period. As a result, it is illegal to dismiss such an employee under Article 79.

Attention

Dismissal of pregnant women after the expiration of the employment contract is possible in the following cases: if a pregnant woman was hired on maternity leave, and when the replacement employee started working, she did not agree to move to the vacancies offered to her (Part 3 of Article 261 of the Labor Code of the Russian Federation), or if a woman actually continues to work after the end of pregnancy, the employer in this case has a week to dismiss from the day when he learned or should have learned about the end of pregnancy.

2.Preparation of the order

When the employee has been properly informed that he will be dismissed, an order is prepared which must contain:

• justification for dismissal strictly in accordance with the code. An order cannot refer only to the article number. Conversely, it is impossible to indicate the reason for dismissal without reference to a regulatory act;
• the day of dismissal of the employee (will correspond to the time of expiration of the contract);
• signature of the employee and date of familiarization with the order.

3.Issuance of a work book

The employer must return the record book to the employee on the day of dismissal in accordance with the Rules for maintaining and storing work records. The citizen must put the date of delivery of the document and signature in the work record book and in the personal card.

When the person whose contract is ending is absent from the workplace on the day of release from duties, then the employer notifies in writing that the former employee must report to the personnel department to obtain the document. From the moment the letter is sent, the employer is not obliged to be responsible for the untimely delivery of the book.

Attention

It is prohibited to send a document by mail without obtaining the written consent of the employee (Article 84.1 of the Labor Code of the Russian Federation).

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.

Documentation of dismissal

In order for the dismissal not to be considered illegal, all documents must be completed correctly. Among them, the most important are the dismissal order and the work book.

An order of dismissal due to the expiration of an employment contract is not necessarily issued in the T8 form. According to the clarification of the Ministry of Finance of 2013, the use of these forms is advisory in nature.

In this case, the dismissal order should reflect the following points:

1. Name of the employing company.
2. Full name and position of the dismissed employee, department or division of his work, his personnel number.
3. Part 2, paragraph 1 of Art. is indicated as the basis for dismissal. 77 Labor Code of the Russian Federation.
4. Among the documents providing grounds for termination of an employment contract, the contract itself is indicated, highlighting a specific clause of this document, which specifies the date of termination, as well as the details of the notice that were handed to the employee and contained information regarding the circumstances of the dismissal.
5. Full name of the manager responsible for the dismissal and the position he holds in the company.
6. Date the order was issued. Traditionally, this document is drawn up on the date of dismissal.

The dismissal order is the most important element of compliance with the dismissal procedure, so its preparation should be approached as responsibly as possible.

Sample document: a form for an order to dismiss an employee upon expiration of a fixed-term employment contract can be downloaded here.

On the day of dismissal, the employee must be issued a Work Book (in accordance with Part 4 of Article 84.1 of the Labor Code). In it, the employer must make a note that the employment contract was terminated “due to the expiration of the employment contract under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation.” The record number, date of dismissal and details of the dismissal order are also indicated here. The record is certified by the seal of the organization and the signature of the head.

The employee must sign upon receipt of the work book, which confirms the fulfillment of duties by the employer.

On the last working day, the employer must also issue the employee other documents that relate to his work: 2-NDFL certificates, income certificates for 2 years, etc.

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

conclusions

In the absence of a main employee, the seasonal nature of the work or other similar factors, a fixed-term employment contract may be concluded between the parties to the employment relationship. Its validity period cannot exceed 5 years.

When the expiration date of the agreement approaches, the employer must prepare a corresponding notice for the employee. The employee must receive it no later than 3 days before the date of dismissal. If necessary, the specialist can be informed earlier.

The dismissal order is issued using a standard sample of the T-8 form or a form developed by the company. The employee must familiarize himself with the contents of the order against signature.

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.

Legal termination of an employment contract at the initiative of an employee

STD for a period of up to 2 months is very easy to terminate at the request of the employee. It is enough for the employer to receive an application from him 3 days before the date of the planned dismissal and record this with an order.

The general algorithm of actions is similar to terminating a permanent contract:

1. The employee sends an application to the LLC or individual entrepreneur.
2. The document is assigned a number and date.
3. The employer issues an order to terminate the STD and familiarizes the employee with the document for signature.
4. On the last working day, the resigning person signs the bypass sheet, picks up the documents (pay sheet, labor or STD-R, and other documents upon request).
5. On the same day, the remaining salary is transferred to the former employee.

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.

Features of appeal in court

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

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

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

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

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

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

Nuances

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

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

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

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