Work upon dismissal under a fixed-term employment contract

There are often situations when an enterprise simultaneously employs workers on a permanent basis and on temporary contracts. HR staff should understand all the differences between these categories. In this article, we will look at how work is carried out upon dismissal under a fixed-term employment contract and what its features are.

Fixed-term employment contract: working off upon dismissal

The first step in dismissing a temporary employee on your own initiative should be to notify management of your desire. From this moment the “working off” period begins to count.

As a general rule, the minimum working time is two weeks from the date of warning, but there are several exceptions:

• seasonal workers and temporary workers (contract term - less than two months) - three-day work (Article 292, Article 296 of the Labor Code of the Russian Federation).

For these employees, there is one more feature when dismissing: when making the final calculation, it is necessary to take into account that such employees are granted leave in the amount of two calendar days for each working month (Articles 291, 295 of the Labor Code of the Russian Federation);

• employees on a probationary period - three-day work (part 4 of article 71 of the Labor Code of the Russian Federation);
• Head of the organization; athletes and coaches with contracts for a period of no more than four months - monthly work (Article 280, Article 348.12 of the Labor Code of the Russian Federation).

There are situations when a temporary employee needs to be fired within the period for which he requests. We are talking about admission to an educational institution, retirement, violations by the employer and mutual consent of the parties (Part 3 of Article 80 of the Labor Code of the Russian Federation).

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Automatic transformation of STD to BTC

The most important rule for an employer to remember when working with temporary employees is:

If the expiration date of a fixed-term employment contract has arrived, but neither of the parties, neither the employee nor the employer, has expressed a desire to terminate the employment relationship, the fixed-term contract by law becomes indefinite.

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.

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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.

Letter of resignation

A warning is drawn up in any form, usually in the form of a statement typed on a computer or written by hand. An organization can independently develop a form for such an application and familiarize employees with it - the laws do not prohibit this.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The main thing is that the employee signs the application, which will make it possible in the event of a legal dispute to prove the existence of the employee’s will to dismiss.

First of all, you need to make sure that the temporary employee correctly indicated the date of dismissal, ideally without using the preposition “from” (dismiss from August 15), so that there are no discrepancies in determining the last day of work.

A temporary employee may change his mind and withdraw his application; he cannot be prevented from doing so. In this case, dismissal can only occur when another dismissed employee was not invited in writing to take his place by way of transfer from another company (Part 4 of Article 64 of the Labor Code of the Russian Federation).

Dismissal rules

The work of dismissing a temporary employee begins even before hiring him.

According to Art. 58 of the Labor Code of the Russian Federation, a contract is considered fixed-term only if this is stipulated in the terms of the contract and the specified reasons allow the conclusion of a temporary contract.

If the choice of employment for a limited period of time was not sufficiently justified, the court may recognize it as permanent and oblige the employee to return his place and pay for the forced downtime.

Therefore, we can say that a temporary employee is fired in five stages:

1. A correctly concluded employment contract.
2. Notification three days before dismissal (or on the day the replacement employee leaves).
3. Order of dismissal.
4. Enrollment in labor.
5. Final settlement.

Concluding a temporary employment contract is a topic for a separate article, so we will consider the procedure for the last three days of work. We will return to payments a little later.

Notification

Notification of the expiration of the employment contract is required in accordance with the requirements of article

79 Labor Code of the Russian Federation

.

The state does not establish a clear form for such notification and the notification is drawn up in any form.

Like any internal document, the notice is numbered. The notification is prepared by the head or employee of the personnel service.

From the organization, the notification can be signed by both the head of the organization (as in the example) and an employee of the HR department.

In the event of a legal claim, the fact of notification will confirm the legality of the employer’s actions. Therefore, written confirmation from the employee who has read the notification is required.

The best way to obtain it is to include a place in the notification form for a signature about familiarization and produce the notification in two copies, one of which will remain in the organization’s archives

Order

An order for dismissal upon expiration of the contract is made using the same universal form T-8 as other orders for dismissal, or T-8a for mass cases (for example, the completion of a harvesting campaign on a collective farm is associated with the dismissal of all combine operators).

The form of the order, unlike the notification, is strictly regulated.

In the spaces provided, the name of the organization, the assigned order number, and the date of dismissal—the last day of work—are indicated.

The reason for dismissal in the column must be indicated “in connection with the expiration of the employment contract, clause 2, part 1, art. 77 Labor Code of the Russian Federation."

Form T-8 requires a document confirming the legality of the dismissal. Typically, this document is a statement from the employee himself. But at the end of the term, it is the employment contract itself that is the document justifying the dismissal.

The second document can be used to indicate a document confirming the occurrence of the conditions under which the fixed-term contract is terminated - acceptance of work, departure of the replaced employee, and so on.

Employment history

The employee must hold the work book in his hands on the last day of work, as Art. 84.1 TK. The last entry in the employment record: “Dismissed due to the expiration of the employment contract, clause 2, part 1, art. 77 Labor Code of the Russian Federation."

Both the manager and the HR employee can endorse a record of the temporary worker’s dismissal in the book; both signatures will be legal. Only the head of the organization can put a stamp on the work book - it doesn’t matter what signature it is placed on top of.

Having received the work book in hand, the employee will have to sign in the appropriate book for recording these books. This procedure is universal for all cases of dismissal.

Payments

The Labor Code establishes two lines of credit to an employee upon dismissal: wages for the last month and compensation for vacation not taken, Articles 140 and 127 of the Labor Code, respectively.

Like all employees, temporary employees must also receive paid leave.

It is calculated on the basis of a conventional calculation of 2 days per month, and the months are always counted in whole numbers: at least for a day more than half a month of work, two days are added to the vacation; for a day less, nothing is added.

Money for work on weekends and off-hour work is also added to the salary. Article 290 of the Labor Code allows even temporary workers with a service period of less than two months to be involved in such work. However, they can only be compensated for working on weekends with double pay, but not with time off.

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If

collective labor agreement

implies other payments upon dismissal - for example, the so-called “Golden Parachutes” - this also applies to temporary team members.

Issuing an order and making an entry in the work book

The dismissal order is issued based on the application submitted by the employee. It must indicate that the employment relationship is terminated on the basis of clause 3, part 1, art. 77 Labor Code of the Russian Federation. The order is issued no later than the last day of work of the temporary employee.

It is necessary to indicate in the work book that the employee is being dismissed on the basis of clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, and issue a work book to the employee on the last day of work (having received the signature of the person being dismissed in the work book, the work book, and the personal card).

On his last working day (Part 1 of Article 140 of the Labor Code of the Russian Federation) a temporary employee must receive all standard payments upon termination of a fixed-term employment contract (salary, compensation for unused vacation, etc.).

Documentation

Dismissal at the end of a fixed-term employment contract involves drawing up and filling out the following documents:

• Employee statement. If the dismissal occurs at their own request, the employee writes a statement two weeks in advance, indicating the reason for his decision. Usually, an article of the Labor Code of the Russian Federation and a paragraph of this article are prescribed.
• Notification to the employer (if the manager takes the initiative in dismissal). The document must be drawn up in 2 copies, registered in the personnel department and contain the reason for dismissal, a request for confirmation of reading this notice must be written and the signature of the dismissed employee must be written.
• Order of dismissal. The document must be prepared on the day of dismissal of the employee in several copies, one of which remains with the employer with the employee’s signature confirming its familiarization. If for some reason the employee was not familiar with the order, an appropriate note should be made about this.
• The completed work book is handed over to you.

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Correct execution of all documents will allow the employer to avoid possible future legal disputes or proceedings with the labor dispute commission.

Is it permissible to terminate a fixed-term contract at the initiative of the employee?

Fixed-term types of labor relations include those issued for a period of two months or more, in accordance with Article 289 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation, Article 289. Conclusion of an employment contract for a period of up to two months

When hiring for a period of up to two months, no testing is imposed on employees.

Here it is allowed to indicate the exact date of dismissal, or only the precedent of replacement can be indicated, for example, “for the period of maternity leave.”

The general regulations for leaving a position at the request of an employee are based on the norms of the sources of legislation set out:

These legislative acts do not contain restrictions or other prohibitions on the termination of work activities of temporarily employed persons. According to legal regulations, this category of workers has the right to take initiative by stopping work within the time frame they require.

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In such situations, the employer does not have the right to establish prohibitive measures and interfere with the dismissal procedure.

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.

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Depending on the terms specified in the contract, the amount of payments varies:

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. When concluding a fixed-term employment contract with an employee, an entrepreneur must know in advance all the legal aspects of his dismissal at the end of the contract.

Various nuances

Notice period and working time for a temporary worker

The main nuance when dismissing this category of employees is the reduction of the working period. In this case, when a position is vacated, the employee must work for 2 weeks , which corresponds to general standards only if the contract is concluded for more than 2 months (Article 80 of the Labor Code of the Russian Federation).

When signing a contract for a shorter period, notice is required at least 3 days in advance.

This rule reflects similar advantages of the employer, who warns about the expiration of the employment contract or about the departure of the main employee in the same way, 3 days in advance.

Application for voluntary resignation

To terminate the employment relationship of the parties at the initiative and desire of the employee, an official application must be received on his part in accordance with the norms of Article 292 of the Labor Code of the Russian Federation, submitted to the name of an authorized official (the head of the organization) or an individual entrepreneur (IP).

Labor Code of the Russian Federation, Article 292. Termination of an employment contract

An employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing three calendar days in advance of the early termination of the employment contract.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing, against signature, at least three calendar days in advance.

An employee who has entered into an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract.

The application indicates the basis for concluding the employment contract, its urgent nature - indicating the reason for the intended further dismissal and the request for termination.

For example: “I ask you to terminate the employment contract concluded for the period of maternity leave of T.P. Konopelnaya by dismissing the salesperson-cashier from her position at her own request.”

Order to terminate the employment contract

The order requires you to indicate details in the form of a serial number and date of release, which will subsequently be entered into the work book. The document form is standard, corresponding to the norms of personnel records management.

The name of the order is “Dismissal Order”.

Next, indicate the position of the employee, indicating the specifics of the temporary registration and the reason - their own desire.

The wording may be as follows: “Dismiss at your own request the salesperson-cashier N.N. Mironova, hired for the duration of maternity leave by T.P. Konopelnaya.”

Making an entry in the work book

The order is always issued before the work book is filled out, which is based on it as the basis for termination of the contract, as evidenced by the corresponding entry. It is done as follows:

1. The name of the organization does not need to be entered, since it was already entered when concluding the agreement.
2. The first column (column) contains the serial number of the entry.
3. The second column indicates the date of termination of the contract, which is the last day of work.

This date necessarily corresponds to the day of dismissal specified in the order and in the application, but may differ from the date the order was issued and other documentation was completed. The third column gives the wording of the dismissal. Here it is no longer necessary to indicate the fact of substitution or the urgent nature of the work, as this follows from the previous appointment record.

The wording should be simple: “Dismiss at your own request on the basis of paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

• Also in the third column the wording “at the initiative of the employee” is allowed with reference to Article 80 of the Labor Code.
• The name of the document (order) on dismissal and its details are entered in the fourth column.
• Below is the position, surname and initials of the person who made the entry.
• The entry is certified by the employer's seal.

Labor Code of the Russian Federation, Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Calculation of severance pay

On the last working day, severance pay must be calculated. It includes:

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• the balance of wages not received by the employee;
• bonuses and other payments - at the discretion of the employer;
• compensation for vacation days.

These employees are entitled to vacation if the contract was concluded for more than 2 months.

Leave is provided in the amount provided for in the employment contract, in proportion to that specified in local acts and regulations. That is, it cannot be less than for other employees working in a similar position.

The number of days is counted from the last day the employee was on vacation. The calculation is made by dividing the duration of the vacation by 12 and multiplying the resulting number by the number of months worked after the vacation.

If an employee has worked for less than a year, compensation is provided for the months worked. In this case, a month is considered to be more than 15 working days; if fewer days are worked, this month is not taken into account.

How much notice must be given to a conscript about dismissal?

The notice period depends on the conditions for termination of the contract, as well as on its duration.

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If the termination of a fixed-term contract occurs during an employee’s illness, then a notice of expiration is still sent to him, and dismissal under a fixed-term contract is formalized on the specified day. A fixed-term contract is not terminated only in one case, if the fixed-term contract is pregnant.

Women in this position cannot be fired until the end of pregnancy or until the end of maternity leave, if provided, and the employer is obliged to provide such leave to a pregnant conscript. If, for health reasons, a woman cannot continue to cope with the work that she performed under a fixed-term contract, then she needs to be offered other jobs where she will be healthy enough to perform her job duties.

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A fixed-term contract with a pregnant woman is terminated only if the woman herself wants it, or she is not suitable for the position she occupies, and there are no other positions in the company for her (or the woman is not satisfied with them).

What documents and certificates are issued to the employee?

Payments and documents are issued on the last working day, which is considered the day of dismissal.

The main document that must be issued is a work book. The employer does not have the right to delay it for more than three days if the employee has not applied for it.

Upon written request, he may be given:

• copies of diplomas and other educational documents;
• certificates and certificates of advanced training;
• certificates of assignment of rank;
• documentation of internship, etc.

They are extracted from the employee’s personal file, or issued in the form of extracts or copies. Documents confirming his acceptance into the position remain with the employer and are stored in archival data.

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.

By

part 8 art. 332 Labor Code of the Russian Federation

temporary employment contract

can be extended for another temporary one for the employee

, appointed to a teaching position through competition. It can also be extended as a permanent contract. A written agreement on this must be signed by the teacher and the employer.

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.

Reasons for dismissal

According to Russian legislation, in order to conclude a fixed-term employment contract, a number of factors must be present. First of all, the employer must provide compelling evidence that it is impossible to do this on a permanent basis.

The expiration of such an agreement is tied either to a specific date or to the occurrence of a certain event.

They sign fixed-term contracts for seasonal work (most often in the agricultural sector). In addition, they are practiced when there is a need to find an employee to replace a temporarily retired employee (for example, during maternity leave). Also, fixed-term contracts are concluded if there is a need to carry out a certain amount of work, and its continuation in the future is impossible or possible only after a certain period of time (for example, if the city administration needs a worker to plant flowers in the flower beds of a populated area in the spring).

The characteristics of hiring also influence the reasons for possible dismissal. For a fixed-term employment contract, they may be as follows:

1. The work for which the employee was hired has been completed in full.
2. The contract has expired.
3. The entry into permanent employment of an employee who needed to be replaced.
4. On agreement of the parties.
5. Early at the initiative of the employee.
6. Early at the initiative of the employer.

The last three reasons from the list are considered standard and are suitable for all types of workers. The most common of them is voluntary dismissal. In the resignation letter, the employee will need to provide a compelling reason for his decision. This could be a change in family circumstances, an employee's illness, or a move. As a rule, such applications are satisfied without delay. The main thing is to submit it two weeks before your expected departure. In rare cases, the employer does not agree with the arguments mentioned in the application and refuses to fire the employee. In such a situation, it is necessary to file a claim in court.

The employer has the right to initiate dismissal of an employee in the following situations:

• Upon liquidation of an organization or individual entrepreneur.
• When staffing is reduced.
• If it is determined that when applying for a job, the employee provided incorrect information about himself (for example, fake educational documents).
• If an employee performs his duties in bad faith or if during the course of work it turns out that he clearly does not correspond to his position.
• When the employee caused significant material damage to the enterprise.

In this case, it is necessary to take into account the need to carry out preliminary procedures before dismissal. Thus, if an employee is negligent in the performance of his duties, the employer must first impose a disciplinary sanction or reprimand on him, making sure to document these measures. It should be taken into account that a penalty can be imposed no later than six months after the commission of the offense and a month from the moment it was discovered. If the violations do not stop, then only the dismissal procedure can begin.

If we are talking about a minor employee, then dismissing him before the end of the contract is difficult to implement, because This will require obtaining written consent from the supervisory authorities.

According to Art. 77 of the Labor Code of the Russian Federation, a fixed-term contract is considered terminated if the deadline for its completion has approached. However, there is a nuance that needs to be taken into account. Termination of the contract must be done in writing. If this is not done, then it is automatically transferred to the permanent category.

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. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Terms of service

The procedure and terms of service for various categories of employees are discussed in detail in the Labor Code.

If an employee submits a resignation letter, he must do so two weeks before leaving. And fulfill the above-mentioned period.

But this applies only to those contracts that were concluded for more than two months. Otherwise, for warning and, accordingly, work off, a period of only three days is allotted. If there is an agreement, these time frames can be shortened or even canceled, i.e. the employee will be fired and paid off on the day the application is submitted. If we are talking about employees who are on a probationary period, then their working period is also three days.

The indicated time frames also apply to the situation when the initiator of termination is the employer. Those. if there is a contract whose term exceeds two months, the employee must be notified two weeks in advance, in other cases - three days before dismissal. This does not apply to situations where the dismissal occurs due to the return of the main employee to his workplace. There is no need for warning here.

A separate category includes athletes and coaches whose contracts are concluded for a period exceeding 4 months. After submitting the application, they will have to work the longest – 1 month.

The Labor Code of the Russian Federation provides for the possibility of terminating the contract and resigning on the day of filing the application if the following circumstances arise:

• The employee retired.
• The employee was officially drafted into the ranks of the Armed Forces of the Russian Federation.
• Violations of labor laws by the employer.
• Admission to a higher education institution for full-time study.
• There is a mutual agreement between employer and employee.

In addition, an employee who is officially on sick leave can also quit without the need to carry out the work required by law. He can send his resignation letter by registered mail with notification by mail or transfer it to the human resources department with the help of a trusted person.

Terminating a temporary contract is a simple procedure. The main thing in it is compliance with the deadlines for filing an application and mutual notification of the parties participating in the work process.

Mandatory

The employer must draw up the STD if the employee is hired:

• For the duration of the duties of the main employee. A classic case is when an employee goes on maternity leave. You can hire a new employee in her place only under the STD.
• For temporary work up to 2 months. For example, you hire a team of workers to decorate a house. When the work ends, the workers will be fired.
• For seasonal work, as a rule, up to 6 months (Article 293 of the Labor Code of the Russian Federation). Work is classified as seasonal if it directly depends on natural conditions and is included in the approved industry list. For example, a water bus driver may be hired before the end of the navigation period.
• For work outside the scope of normal activities (reconstruction, installation, temporary expansion of production). For example, you purchased new equipment and hired workers for installation. After completion of the work, the need for these workers will no longer exist and contracts with them will be terminated.

Order to terminate the contract

After receiving an application from a company employee, the employer must sign a document and issue an order based on it. The order notes the following information:

1. Requisites. They consist of a serial number and the number of dismissal; they will be entered into the employee’s work book in the future. Registration is carried out according to the standard form, which is used in personnel records management.
2. Name of the order.
3. The position of the employee, the reasons for his employment in the organization. The reasons for an employee leaving a position are “own desire.”

The order is completed even before the data is entered into the employee’s work book, since it is considered the basis for termination of the contract, as indicated by the corresponding entry. The entry entered into the work book contains the following information:

1. The name of the company is not indicated, since it was already noted in the labor contract at the time of signing the fixed-term contract.
2. The first column indicates the serial number of the entry.
3. The second column indicates the date of termination of the work contract (date of the last day of work). It is this number that should appear in the resignation letter and the order drawn up by the employer.
4. The third column indicates the reason for dismissal. The presence of a fixed-term contract is not noted here, since this is also clear from the previously made entry into the company. This column may contain the following wording: “dismiss at one’s own request”, “dismiss at the initiative of the employee.”
5. The fourth column indicates the name of the dismissal order and its details.
6. At the bottom, the position and full name of the person who made the entry in the work book is noted.
7. The employer's stamp is affixed.

It is worth noting that the employee and the employer can agree on the duration of work and the amount of severance pay. In such a situation, dismissal is carried out “by agreement”, which is regulated by Art. 78 Labor Code of the Russian Federation.

Subtleties of legislation

Termination of a temporary contract, from a legal point of view, does not occur at the initiative of the employer and this allows one to avoid a number of obligations to ex-employees. That is why the possibility of concluding a temporary contract is so strictly regulated.

Not in all cases, when starting work, the organization understands when the functions of a temporary worker will end.

Therefore, Article 58 offers several options for the “upper limit” of document deadlines:

• Certain date;
• end of the season;
• entering the place of the main employee;
• completion of the agreed work.

However, none of these points automatically ends the employment relationship.

The contract can only be terminated upon the written request of one of the parties.

In this situation, the employer is required to provide notice of the expiration of the fixed-term employment contract, and the employee must sign this notice three days before leaving.

Once the notice is received, the employee cannot refuse to be fired. If he refuses to sign it in the hope of becoming permanent, this must be recorded in front of two witnesses.

A temporary employee retains the right to leave and, like permanent employees, he can ask for leave followed by dismissal, in which the date of dismissal will be later than the end of the contract term.

Such a statement is not grounds for dismissal under Article 77 of the Labor Code of the Russian Federation and the employee will have the right to return to work on a permanent basis.

It is important for an employer to remember that the only way to terminate a temporary employee is through notice of termination. If an employee takes a vacation after the end of the contract, then dismissal occurs at the end of this vacation, but notice must still be given 3 days before the end of the agreed period.

The part about the urgent nature of the work in the contract loses force at the moment the final condition occurs. If the term of the employment contract has expired and the employee continues to work, then the contract remains in force and becomes indefinite with all that it implies.

So a manager who, for some reason, decides to keep a temporary subordinate does not have to do anything at all (unless he discusses the plans with the employee himself) - the contract will continue to work on the same terms.

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The Labor Code does not provide for mechanisms for extending a fixed-term contract. However, there are no restrictions on concluding a new fixed-term contract with the same employee. Therefore, if the employment contract has ended and the need for a temporary worker remains, the employee must be fired and temporarily hired again.

Employment history

It is necessary to make an entry in the work book form after the order is issued. An employee who has stopped working must sign the work record book. By this he confirms that he has received the document and agrees with all the entries. The document is filled out by the manager or an authorized person (often this is a personnel department employee or an accountant). The filling algorithm is discussed below.

• The first column contains a serial number that continues the previous entry.
• The second is the date of dismissal.
• In the third column, it is necessary to write down the grounds for terminating the employment contract, write down the details of the person who filled out the employment form, and affix the organization’s seal. Also in this column, the dismissed employee signs that he is familiar with the reason for his dismissal.
• The last column contains information about the document confirming the fact of dismissal.

If an employee has not received his work form, the employer must indicate this fact and send the employee a notification that he needs to pick up the document. If after this there is no reaction from the employee, then the work report is sent by mail to the actual residential address indicated in the documents.

We invite you to familiarize yourself with: The procedure for appealing a court decision of the Civil Civil Code