Dismissal procedure at the end of the employment contract

Types of employment agreement

The employment contract depends on its duration and nature of work:

An arrangement of indefinite duration.
An arrangement with a specified duration (up to five years). Subjects of the federation may establish a different period.

Contracts are mainly concluded for an indefinite period. Concluding a fixed-term contract involves taking into account the nature of the work and its conditions.

The fixed-term agreement provides for temporary, seasonal work. Labor obligations are formalized in the form of an agreement between the parties. If, when establishing an employment relationship, the duration of its validity is not indicated, it is considered accepted for an indefinite period.

If the parties do not require to terminate such an agreement when its term has expired, the prerequisites for the urgency of the contract become invalid, and the employee continues to work under the contract for an indefinite period.

One type of employment contract is a contract. Its peculiarity is the existence of special regulations that regulate certain types of public service that are not regulated by labor laws.

Automatic transformation of STD to BTC

For example, if an employer accidentally forgot that his contract with Mr. Petrov expires on February 1, and the latter continues to do his job, then he automatically becomes a permanent employee. Then the employer will be able to dismiss him subsequently only on a general basis, having lost the opportunity to use the reason “expiration of the TD”.

If the nature of the employee’s work allows him to legally conclude an open-ended contract and both parties want to continue to cooperate, then it is enough for them not to do anything until the expiration of the contract. Then the parties enter into an addendum. agreement to the employment contract, and this will be the end of the documentation.

If the employer is legally unable or unwilling to continue his employment relationship with the employee for various reasons, then he needs to take specific actions in relation to the latter. Which? Let's look at it in the next paragraph.

Fixed-term employment contract

Fixed-term contracts are divided into certain types:

a precisely designated period of work (for example, when performing an elective position);
relatively designated time (performance of specific work);
conditional fixed-term contract (to replace an absent employee);

Working conditions determine the conclusion of a labor agreement:

with normal conditions;
with dangerous and unhealthy conditions;
at night time;
under special climatic conditions;

How long is a notification stored?

The completed notification form should be recorded in a journal, which will confirm the fact that this information paper has been prepared for the employee. The notification itself with the employee’s introductory signature should be filed in a folder specially designed for this purpose.

It is necessary to ensure the safety of the document in proper form so that if questions arise regarding the legality of the dismissal procedure and the employer’s compliance with the rules established by the Labor Code of the Russian Federation, the notice can be presented as a supporting document.

Termination of labor obligations at the initiative of the employee

This type of contract can be terminated early in accordance with the employee’s initiative due to the employee’s illness or disability, which does not allow him to perform work in accordance with the concluded agreement.

Obligations are terminated if the owner violates labor legislation or the requirements of the collective agreement.

To resolve disputes about premature termination of an agreement, one must turn to the general rules that are provided for resolving such disputes.

By concluding a fixed-term contract, a person undertakes additional obligations, namely:

carrying out work with a set duration;
performing a specific type of activity;

Labor legislation regulates other types of employment agreements with a fixed term:

during the absence of a permanent employee to perform his functional duties;
temporary (2 months) and seasonal types of work;
when sent to work abroad;
provision of various services (repair, installation and others for up to one year);
referral for vocational training, work practice;
activities in elective office;
alternative service.

A fixed-term employment contract is also concluded:

with representatives of small businesses;
with pensioners by age;
with people who work in the regions of the Far North;
with representatives of creative professions;
with persons taking part in sea and inland navigation;
with persons taking part in the liquidation of an accident, catastrophe, epidemic and other exceptional situations.

Preferential categories

When drawing up and signing a fixed-term agreement, you need to remember that there are some preferential categories of citizens who are not subject to the general conditions of such an agreement.

When dismissing pregnant women or mothers with children working under a fixed-term contract, there are some nuances:

A woman in a position can be fired either if the organization is completely liquidated, or if the work involved replacing a temporarily unemployed employee who has assumed his duties. In other cases, a pregnant woman can be fired only after pregnancy and childbirth.
The organization has the right to require confirmation of her status from the woman throughout her pregnancy.
If the term of the employment contract has expired while the woman is pregnant, the employer must, at the request of the employee, as well as after she provides a medical document, extend the term of the employment contract until the end of pregnancy or the end of maternity leave.
If after giving birth a woman continues to work, the employer can, according to Art. 261 of the Labor Code of the Russian Federation, terminate the employment contract with her within a week.
At the initiative of the employer, an employment contract cannot be terminated with a woman who has children under 3 years of age, a mother who is raising disabled children who have not reached the age of majority, or children under 14 years of age.
A fixed-term employment contract of the Labor Code of the Russian Federation does not allow termination by the employer if the employee is the breadwinner or guardian of a child under three years of age or a disabled person under 18 years of age in a family with three or more children and the second parent does not work.

Grounds for termination of an employment contract

Labor obligations are terminated by agreement of the parties, where it is important to agree on the time. They are terminated in the following situations:

End of time for fixed-term agreement. The owner warns the employee in writing (the employee signs the order). Otherwise, fixed-term employment obligations become a contract with an indefinite duration.
Termination of the contract at the initiative of the employee. He must write a letter of resignation giving 14 days notice.
In case of seasonal work, the employer must be notified three days in advance. An employee has the right to withdraw his application, except in situations where a job has been offered to another employee in writing.

The legislation provides for certain circumstances for termination of a fixed-term agreement:

illness or disability that prevents you from performing work according to your obligations;
violation by the owner of labor legislation or the terms of an agreement (collective or labor);
other valid reasons established by regulations.

The law does not provide for the issue regarding the time of notification by the administration. The contract is terminated at the moment indicated by the employee in his application.

He should not stop working if there is no permission from the head of the organization , because this is considered a case of non-compliance with internal regulations.

If the owner refuses to satisfy the employee’s request to terminate the contract on the grounds specified in labor legislation, the issue may be considered by a commission for resolving labor disputes. Workers have the right to appeal to the courts. The agreement is considered terminated after the court decision enters into force or the deadline specified therein occurs. Full payment is made to the employee.

Calculation of payments due to an employee

An employee who has entered into a fixed-term contract with an enterprise is entitled to compensation for unused paid vacations. The calculation of the amount of payments is made in accordance with the norms of the Labor Code.

1. An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay. But such a privilege is available only to those employees who have worked at the enterprise for more than 15 days. In this case, the sum of the months worked is multiplied by 2, and the resulting figure is multiplied by the average daily earnings.

If in one of the working months the employee worked for less than 2 weeks, then this time is not taken into account in the calculation, but if on the contrary, then the period worked is counted as a whole month.

An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay.2. For an employee who has registered with an enterprise for a period of 2 to 11 months, the amount of due payments is calculated in the same way as in the previous paragraph. However, the amount of compensation will vary.

3. For an employee employed for a period of more than 11 months, compensation is calculated with a coefficient of 2.33. When calculating, you need to subtract the vacation days used.

The entrepreneur is obliged to pay monetary compensation on the day the employee is dismissed, because It is illegal to detain her.

After terminating a contract with an employee, you are not required to immediately notify the Pension Fund about the transaction, since you report on personnel every reporting period. But if you wish, you can send a notice of termination of the contract with an employee in free form. Temporary employment relationships are regulated by law.

Termination of obligations at the initiative of the owner

Similar situations arise in the following cases:

Termination of the enterprise's activities. Dismissed people must be paid benefits in the amount of the average monthly salary. It is stored for two months.
Staff reductions at the enterprise. Workers with long experience and high professionalism and other advantages have an advantage. Coordination is being carried out with the trade union committee of the organization.
Inconsistency with the position performed as a result of low qualifications.
Repeated violation by an employee of the internal regulations of the enterprise.

Conclusion

An employment contract that is drawn up for the duration of certain work must be terminated upon completion.

The examples listed above are the most relevant, but not exhaustive.

Employees are increasingly turning to the courts with a request to consider the employer’s violations when terminating a fixed-term employment contract.

Since the employee is more vulnerable and unprotected in the field of labor relations, the court tries to consider the circumstances of the case in his favor.

Due to this attentive attitude towards employees, the latter often win court cases and are increasingly being reinstated at work with compensation for forced absence.

How to apply

Step 1. Give notice of dismissal under a fixed-term employment contract. Draw up the notification in two copies: give one to the employee, on the second he will sign for receipt of the notification (Article 79 of the Labor Code).

Step 2. The employee does not sign the notice - draw up a statement of refusal in the presence of witnesses (two or more).

Step 3. Prepare a dismissal order. In the “Bases” line, enter the paragraph indicating the date on which the fixed-term employment contract is terminated, and the notification details. Let's give an example of an order.

Step 4. On the last day of work (day of dismissal):

make an entry in the work book;
make the final calculation (part 1 of article 140 of the Labor Code);
issue all necessary documents.

Sample of filling out a labor report

File your dismissal while on sick leave as usual. Do not extend your contract due to illness. Calculate sick leave benefits on a general basis (letter of the Ministry of Labor dated 03/07/2019 No. 14-2/B-139).