Termination of a fixed-term employment contract at the initiative of the employee. Termination of a fixed-term employment contract at the end of the term

Hello! In this article we will talk about the termination of a fixed-term employment contract (hereinafter - STD).

Today you will learn:

  1. When STD is terminated at the request of one of the parties;
  2. In what form does the STD termination notification take place;
  3. When the contract is terminated in early order without the will of the parties.

When STD stops automatically

This happens in the following cases:

  1. Its validity period is expiring. The employer must notify the employee of this fact in advance. There must be no more than 3 days left before the end date.
  2. One of the following occurs:
  • The work is being completed, the actual deadline for which will eventually be equal to the term of the contract (work is planned to cut down the forest, which will end when the planned volume is cut down, in this case it is impossible to foresee a specific period in advance, etc.);
  • An employee goes to work whose duties were temporarily performed by another (for example, a woman who was on maternity leave returns to work, after which the employment relationship with the employee replacing her is terminated);
  • Completion season ends certain types work (this condition most often occurs during harvesting or mining natural resources for example, as long as the weather remains warm, the season ends up being short or long).

In addition to the above cases, there is a procedure for terminating a fixed-term employment contract if any party has an initiative.

A STD that does not comply with the law may be subject to legal transformation and become indefinite.

The procedure for terminating the STD at the initiative of the employee

Termination of a fixed-term employment contract planned by the employee must be accompanied by a warning to the employer 2 weeks before the date of departure.

Otherwise, the termination of a fixed-term employment contract at the initiative of the employee is carried out in the general manner. However, there is an exception that applies if the total duration of the relationship does not exceed 2 months.

If there is a reason from the first group, you need to prepare a package binding documents who recorded a disciplinary offense. Usually carried out service check or a special act is drawn up on a disciplinary offense of an employee. After the document certifying the fact of a serious violation has been prepared, a dismissal order can be issued.

As for other circumstances in the occurrence of which there is no fault of the employee, then according to general rule the employer notifies the employee 2 months in advance. Some fixed-term employment contracts are subject to a special procedure. When working in a certain season, such notification is carried out 7 days before the date of termination of the contract, and if the planned term of the employment relationship does not exceed 2 months, then notification can be made in just 3 days.

Other cases of STD termination

The termination of STD occurs due to the occurrence of various events, among them such as:

  • Appointment of a criminal punishment, the execution of which prevents the implementation of the labor function;
  • Loss of the right to work in a particular field of activity;
  • Physical or mental loss of ability to perform job duties;
  • The onset of an emergency, including natural disasters, catastrophes, accidents and more;
  • Death of an employee or employer;
  • Administrative disqualification.

Any dismissal due to the above circumstances must be documented. In all cases, an order is issued indicating the relevant legal grounds.

Notice of termination of a fixed-term employment contract

Notice of termination of a fixed-term employment contract is usually sent only in writing, regardless of on whose initiative this happens. It is most reliable to carry out such notification in writing.

1. If an employee leaves due to own will, then it will be easiest for him to write a statement, on the copy of which the secretary of the organization will put a mark of acceptance, indicating the date of the statement. This copy will be evidence of compliance with the notification procedure and the subsequent termination of the contract.

As an alternative, you can notify the dismissal by a separate document - a letter, and write a statement closer to the date of departure. However, in practice it is less convenient.

2. If the dismissal process is organized by the employer, then the employee must sign the text of the notice of dismissal within the period established by law. The notice clearly states the legal justification for the dismissal and a reference to an article of the law. Each party shall receive a copy of such document in their hands.

Early termination of a fixed-term employment contract

Early termination of a fixed-term employment contract is possible for 2 conditional types of reasons:

  1. Relations are terminated if there is a desire of one of the parties;
  2. Events occur that inevitably affect the ability to fulfill the terms of the contract.

It should be remembered that the STD is not terminated by the will of the employer if the employee is a pregnant woman.

Settlement with an employee

Payment must be made on the last day of work.

The employee is paid all due compensation, including wages, compensation for vacation that he did not have time to use.

Currently, the issuance of cash at the cash desks of organizations is almost not practiced. Usually, the accounting department makes the appropriate transfers to the employee's bank account.

Sometimes the calculation is made with a delay of several days, which is due to the peculiarities of the banking system.

Everyone knows that under certain circumstances, an employer can fire an employee on his own initiative. And such cases in practice, when the employee receives his work book not voluntarily, quite a few. At the same time, the ratio of several articles is of great interest to HR specialists. Labor Code RF, regulating the procedure for dismissal of an employee. Have to pay Special attention the terms of the employment contract, as well as the features of the correlation of these conditions and the reasons for the dismissal of the employee. So, for example, many questions arise about the termination of a fixed-term employment contract on the grounds that are regulated by Art. 81 of the Labor Code of the Russian Federation.

TERMINATION OF A FIXED EMPLOYMENT CONTRACT

Article 79 of the Labor Code of the Russian Federation establishes the procedure for terminating a fixed-term employment contract due to the expiration of its term. As you know, urgent labor contract as a general rule terminated with the expiration date, about which the employer must notify the employee at least three calendar days before the date of termination of the contract.

In some cases, the term of the contract is not determined by a specific date:

  • an employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work;
  • an employment contract concluded for the duration of a certain work is terminated upon completion of this work;
  • an employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

TERMINATION OF THE EMPLOYMENT CONTRACT AT THE INITIATIVE OF THE EMPLOYER

Article 81 of the Labor Code of the Russian Federation regulates the grounds for termination of an employment contract at the initiative of the employer. These grounds include:

  • liquidation of an organization or termination of activity by an individual entrepreneur;
  • reduction in the number or staff of employees of the organization, individual entrepreneur;
  • inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;
  • change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
  • repeated non-fulfillment by an employee without good reason of labor duties, if he has a disciplinary sanction;
  • a single gross violation of labor duties by an employee (absenteeism, appearing at the workplace in a state of intoxication, disclosure of legally protected secrets, theft or deliberate damage to someone else's property at the place of work, violation of labor protection requirements);
  • the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer;
  • commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;
  • adoption of an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
  • a single gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties;
  • submission by the employee to the employer of false documents when concluding an employment contract.

With the head of the organization and members of the collegial executive body of the organization, the employer may terminate the employment contract on other grounds. Such grounds must first be indicated when concluding employment contracts with the specified categories of workers.

Also, article 81 of the Labor Code of the Russian Federation stipulates that an employment contract can be terminated and in other cases established by the Labor Code of the Russian Federation and other federal laws. Such cases, in particular, the Labor Code of the Russian Federation include:

  • unsatisfactory test result when applying for a job (Article 71 of the Labor Code of the Russian Federation);
  • removal from office of the head of the debtor organization in accordance with the legislation on insolvency (bankruptcy) (Article 278 of the Labor Code of the Russian Federation);
  • acceptance by the authorized body legal entity, or by the owner of the property of the organization, or by the person (body) authorized by the owner of the decision to terminate the employment contract with the head of the organization (Article 278 of the Labor Code of the Russian Federation);
  • repeated within one year gross violation by a teacher of the charter educational institution(Clause 1, Article 336 of the Labor Code of the Russian Federation);
  • the use by the teacher of methods of education related to the physical and (or) mental abuse over the personality of the student, pupil (clause 2 of article 336 of the Labor Code of the Russian Federation);
  • sports disqualification of an athlete for a period of six months or more (clause 1 of article 348.11 of the Labor Code of the Russian Federation);
  • violation by an athlete, including a single violation, of the all-Russian and (or) international anti-doping rules (clause 2 of article 348.11 of the Labor Code of the Russian Federation).

Federal laws regulate the issues of termination of an employment contract at the initiative of the employer in the service of the internal affairs bodies, the security service, the emergency rescue service, in state (municipal) institutions, local governments, joint-stock companies, in education and foreign intelligence, in case of insolvency (bankruptcy) of the organization, disqualification of an official.

EARLY TERMINATION OF A TERM EMPLOYMENT CONTRACT

Termination of an employment contract due to its expiration is not the initiative of the employer. However, the employer can also terminate a fixed-term employment contract before the expiration of this period: the grounds specified in Art. 81 of the Labor Code of the Russian Federation. At the same time, regardless of the term of the employment contract, a number of features must be taken into account.

1. Each of the grounds implies the presence of certain circumstances specified in the Labor Code of the Russian Federation.

For example, an employer has the right to dismiss an employee for repeated failure to perform work duties without good reason if he already has a disciplinary sanction. Such a disciplinary sanction may be, for example, a remark or a reprimand (Article 192 of the Labor Code of the Russian Federation). At the same time, it must be taken into account that for each disciplinary offense, the employer can apply only one disciplinary sanction (part 5 of article 193 of the Labor Code of the Russian Federation). After a year from the date of application of the disciplinary sanction, it is considered that the employee does not have a disciplinary sanction (part 1 of article 194 of the Labor Code of the Russian Federation).

2. The existing circumstances of dismissal must be properly documented by the employer. So, in the event of dismissal for repeated non-fulfillment of labor duties without good reason, it is necessary that the fact of the employee committing a disciplinary offense be documented. The Labor Code of the Russian Federation does not regulate this issue, so you can draw up any document in which a disciplinary offense will be recorded, for example, a memo. Next in without fail are issued written explanation employee, an act (if the employee did not provide such an explanation), an order (instruction) of the employer on the application of a disciplinary sanction, another act if the employee refused to familiarize himself with the order (Article 193 of the Labor Code of the Russian Federation).

3. When terminating an employment contract at the initiative of the employer, it is necessary to take into account privileged categories of employees who do not fall under some of the grounds specified in Art. 81 of the Labor Code of the Russian Federation.

For example, termination of an employment contract at the initiative of the employer is not allowed with a pregnant woman. An exception is cases of liquidation of an organization or termination of activity by an individual entrepreneur.

It is also prohibited to terminate the employment contract on the grounds specified in paragraphs. 1, 5-8, 10 or 11 hours 1 tbsp. 81 of the Labor Code of the Russian Federation, with persons with family responsibilities. Such persons include:

  • a woman with a child under the age of three;
  • a single mother raising a disabled child under the age of 18 or a young child - a child under the age of 14;
  • another person raising these children without a mother;
  • a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not a member of labor relations.

4. It is necessary to take into account the additional rules for dismissal established for certain categories of employees. So, with employees under the age of 18 it is possible to terminate the employment contract at the initiative of the employer only with the consent of the relevant state labor inspectorate and the commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation).

An exception to this rule are cases of liquidation of the organization or termination of activity by an individual entrepreneur.

Separate rules for dismissal are established for employees who who are union members(Article 82 of the Labor Code of the Russian Federation). Such rules apply to dismissals on the grounds provided for in paragraphs. 2, 3 and 5 st. 81 of the Labor Code of the Russian Federation. In particular, the dismissal of these employees must be carried out taking into account motivated opinion elected body of the primary trade union organization in the manner prescribed by Art. 373 of the Labor Code of the Russian Federation. And for workers who have concluded a collective agreement, a different procedure for the participation of the elected body of the primary trade union organization may be established (part 4 of article 82 of the Labor Code of the Russian Federation). In addition, due to the fact that there is no deadline for terminating an employment contract with an employee after obtaining the consent of the elected trade union body, dismissal can be made no later than one month from the date of receipt of the consent of the higher elected trade union body for dismissal.

A separate procedure for notifying the elected body of the primary trade union organization is established when reducing the number or staff of employees of the organization(individual entrepreneur). Such notice in writing must be submitted no later than two months before the start of the relevant events. Moreover, if the decision to reduce the number or staff of employees can lead to mass layoffs of employees, then the notification must be sent no later than three months before the start of the relevant activities (part 1 of article 82 of the Labor Code of the Russian Federation).

5. When terminating an employment contract, the terms established by law must be observed. For example, when registering a dismissal for repeated non-performance by an employee without good reason of labor duties, the following must be taken into account:

  • disciplinary sanction is applied no later than one month from the date of discovery of the misconduct. At the same time, the time of illness, vacations of the employee and the time required to take into account the opinion of the representative body of employees are not taken into account when calculating days;
  • the day when the misdemeanor is discovered, from which the monthly period begins, is considered the day when the employee's manager became aware of the misconduct;
  • no more than six months must elapse from the date of the misdemeanor (this period does not include the time of criminal proceedings);
  • the employee can write an explanation within two days of the request. An act of refusal to give an explanation is drawn up after two days, that is, on the third day after the request;
  • the employee signs the order (instruction) of the employer on the application of a disciplinary sanction within three working days from the date of issuance of the order.

6. In some cases, when terminating an employment contract at the initiative of the employer, the employee must be provided with certain guarantees and compensation(Chapter 27 of the Labor Code of the Russian Federation).

So, when reducing the number or staff of employees of an organization (individual entrepreneur), the employer must offer the employee vacant position(job) corresponding to the qualifications of the employee, or a vacant lower position (lower paid job) in the same area (Articles 81 and 180 of the Labor Code of the Russian Federation). In the absence of such vacancies, the employer is obliged to pay the dismissed employee severance pay in the amount of the average monthly salary, as well as to keep the average monthly salary for the period of employment (up to two months from the date of dismissal with a severance pay and in the third month, but provided that in two weeks after the dismissal, the employee applied to the employment service and was not employed). This procedure is regulated by Art. 178 of the Labor Code of the Russian Federation.

The employer may establish other guarantees and compensations related to dismissal in the employment contract with the employee. The main thing is that the established guarantees and compensations do not violate the rights of the employee established by law, and are fully implemented upon dismissal.

So, we examined the main features of the termination of an employment contract (including a fixed-term one) at the initiative of the employer on the grounds specified in Art. 81 of the Labor Code of the Russian Federation. From the foregoing, we can conclude that for each specific situation, a thorough study of the issue is necessary in order to avoid violation of the requirements labor law and at the same time comply with the predetermined rights of the employee and the obligations of the employer.

At official employment, the employer and the future employee sign an agreement that regulates the rights and obligations of the parties (as when concluding and terminating a work contract - between the customer and the foreman). The document is the actual proof of employment. After signing, the employment contract has legal force and any violation entails administrative liability.

The main purpose of the agreement is the obligation of the employer to provide comfortable conditions work and pay wages on time. In turn, the employee must independently perform any assigned work in accordance with job description and the company's internal code.

An employment contract may be:

  • For undefined period;
  • for a fixed period of not more than 5 years (fixed-term employment contract).

If the TD does not specify a clear date for the termination of work, such an agreement is considered to be open-ended. In another case, the relationship between the employer and the employee may continue after the expiration of the contract, unless the parties demanded the termination of the contract.

Reasons for terminating a fixed-term employment contract may be:

  1. Basic ones such as:
  • mutual consent of the parties;
  • at the employee's own request;
  • refusal of the employee to continue work if the owner of the organization has changed;
  • relocation of the enterprise and refusal of the employee to live in another city;
  • change in the conditions of the TD, in connection with which the employee refuses to continue working;

2. Independent of the will of the parties:

  • transfer to another job due to medical reasons;
  • conscription;
  • election of an employee to an elective public office;
  • retirement;
  • assignment of a disability group, in connection with which work becomes impossible;

3. At the initiative of the employer:

  • non-fulfillment of the employee's work;
  • repeated disciplinary violations;
  • absence from work for more than 4 hours for an unexcused reason;
  • being at the workplace in a state of toxic, narcotic or alcoholic intoxication;
  • expiration of a fixed-term employment contract;
  • violation of the terms of the TD.

The procedure for terminating a fixed-term employment contract at the initiative of the employee

The employee has the right to terminate the fixed-term employment contract at his own request by notifying the employer about it two weeks in advance. The letter of resignation is written in any form. Personal reasons are not allowed. So next day, after signing the document, the countdown of the 14-day period begins. The employee has the right to withdraw the application at any time, provided that the employer has not yet found a replacement.

On the day of dismissal, the accounting department is obliged to pay all debts to the employee of the enterprise, such as:

  • wages for hours actually worked;
  • premium;
  • overtime for work on weekends or holidays;
  • holiday allowance.

The head of the personnel department enters the dismissal data into the work book: “Fired of his own free will”, referring to

Statement

According to the Labor Code of the Russian Federation, an employee of an organization has the right to terminate both a fixed-term employment contract and an agreement concluded for an indefinite period in any period of work. Managers of the enterprise are required to report the dismissal one month in advance. If the TD was concluded for seasonal work or for a period of up to 2 months, the employee must notify the employer 2 days before the dismissal.

Within two weeks, the employee has the right to change his mind and withdraw his application, also notifying the employer about this.

Sample letter of resignation

How to terminate the contract at the request of the employer?

Termination of a work contract at the initiative of the employer implies compliance with the articles of the Labor Code of the Russian Federation. In case of violation, the head of the organization is liable to the court. Reasons for dismissal of an employee must be justified.

Termination of TD occurs on the following grounds:

Company liquidation — may arise due to the bankruptcy of the company, the decision of the owner of the company to terminate labor activity, or the decision may be announced by the judicial chamber. The employer is required to inform employees about the upcoming dismissal two months in advance. An appropriate order is issued and brought to the attention against signature. In the event that employees leave before the specified period, the organization pays compensation in the amount of a monthly wages.

Reduction of staff or position — in this case, the employer notifies the employee of the dismissal two months in advance, but has the right to terminate the TD earlier, while paying compensation. It is forbidden to lay off such employees as:

  • parent large family where the other spouse is incompetent;
  • disabled people;
  • employees who have received an occupational injury in the workplace;
  • the only working family members.

Inconsistency of the employee with the position- insufficient qualification is confirmed by the attesting commission. In this case, the employer is obliged to offer another position. If the employee refuses, the work contract is terminated in accordance with article No. 81 of the Labor Code of the Russian Federation.

Failure to do work - the employer has the right to dismiss the employee if he repeatedly violated the working regime and did not perform the assigned work. At the same time, it must be applied disciplinary action, which are brought to the attention of the employee by order, against signature. This requires:

  • explanatory employee;
  • an order to withhold part of the salary (disciplinary action);
  • a dismissal order if the procedure is carried out for the third time.

Single gross violation of discipline— the absence of an employee at work for more than 4 hours in a row entails termination of the contract.

Commitment by an employee of guilty actions, as a result of which the employer has lost confidence - this item applies to employees who work with goods or cash flow. Violations mainly include theft and bribery.

Committing an immoral act- if the employee is an educator, teacher or lecturer. At the same time, it does not matter where the offense was committed if it is not compatible with the continuation of labor activity. Dismissal can come even a year after hiding the fact.


Making an unreasonable decision that resulted in losses for the organization(if the employee is the head of the company). In this case, the employer must provide evidence of the violation.

Fake documents when signing an employment contract- presenting an identity card or a diploma of education that is not authentic may be a valid reason for termination fixed-term employment contract unilaterally , as well as to bring the employee to criminal liability.

Download the Labor Code of the Russian Federation from the link.

Notification

The employer is obliged to notify his employee in advance that the fixed-term employment contract is coming to an end. The notice must be submitted in writing within 3 calendar days. The date of termination of the TD is the last working day of the employee.

A notice of termination of a fixed-term employment contract is issued to the employee against signature or by registered mail.

Termination of a fixed-term employment contract by agreement of the parties

If desired, the employer and employee may agree to terminate business relationship. For this, it is proposed draw up an agreement between the parties on the annulment of the employment contract. The legislation does not provide for a specific form for filling out a document. The initiator of the dismissal, in this case, is both parties, having discussed all the details in advance.

Termination of an employment contract by agreement of the parties is a separate document that is an annex to the main TD. After signing, the employer issues an order. On the day of dismissal of the employee, the final payment is made and a work book is issued in hand.

Agreement

An agreement on the termination of an urgent TD is drawn up in accordance with the clauses of the main employment contract. A copy is given to the employee. The agreement is always in writing. Content includes the following:

  • Title of the document;
  • date and place of execution of the agreement;
  • Full name of the employee, details of the employer;
  • grounds for dismissal (by agreement of the parties);
  • date of signing the employment contract, serial number;
  • the actual date of dismissal of the employee;
  • obligations of the parties (for example, return of a working mobile phone);
  • payment of monetary compensation (if necessary).

Download the agreement of the parties on the termination of a fixed-term employment contract

If the contract has expired

Fixed-term employment contract is concluded between the employee and the employer in the event that it is impossible to extend employment on a permanent basis. These professions include teachers of schools and universities on a competitive basis, high-altitude workers, nurses, nannies and others.

Urgent TD is concluded for the following types of work:

  • specific (temporary) work up to two months;
  • seasonal;
  • foreign;
  • when creating a temporary organization;
  • internships;
  • with pensioners;
  • prevention of catastrophes, accidents or natural disasters;
  • temporary replacement of an employee;
  • at the same time.

The maximum period of a fixed-term employment contract is 5 years. After this time or another specified in the document, the employee is dismissed, in accordance with article No. 59 of the Labor Code of the Russian Federation. The employer is obliged to notify the employee 3 calendar days in advance of termination of the agreement. If the employee is not warned in time, he has the right to apply to the court with statement of claim for compensation or reinstatement.

A fixed-term contract can also be extended by agreement of the parties, if this is provided for by law. For example, during pregnancy. If, after the lapse of time, the employee continues to work, and the employer does not insist on dismissal, the agreement goes on an indefinite basis.

Termination of a fixed-term employment contract also possible by agreement of the parties. If the contract has expired, the employee is required to pay wages and issue a work book in his hands.

Is it possible to terminate a contract with a pregnant woman?

The employer does not have the right to dismiss a pregnant woman, even if an urgent TD was issued during employment. This is a gross violation of the law and the responsible person is subject to administrative penalties. In this case, the fixed-term employment contract must be extended until the end of the maternity leave.

Exceptions may be:

  1. Voluntary dismissal- at the same time, the employee has the right not to report the reason for dismissal in advance. Payroll is calculated on the last working day;
  2. By agreement of the parties - the employee and the employer can agree on the payment of compensation, while the interests of the parties must be satisfied;
  3. If an employee replaced a temporarily absent employee, the employer is obliged to offer the woman a transfer to another job or vacant position, in accordance with the qualifications and state of health. It is possible to dismiss only if the employee refuses to continue working in this organization;
  4. Company liquidation- severance pay is paid in the amount of the average monthly salary. If a couple of months remain before going on maternity leave, the employer compensates for this time inclusive.

Upon dismissal, a pregnant employee must be given all the relevant certificates:

  • on income for 2 years of work (personal income tax form No. 2);
  • statement on the calculation of the amount of the estimated maternity leave, benefits for BIR and child care up to 1.5 years;
  • a copy of the employment contract and the order of dismissal;
  • receipt of payroll, vacation pay, bonuses and other appropriate payments.

A pregnant employee is required to notify the employer of her situation in writing. To application for the extension of a fixed-term employment contract a certificate from a medical institution is attached, which indicates the date of exit on maternity leave.

Order

Upon dismissal, the employer must issue an appropriate order and bring it to the attention of the employee, against signature. The document must contain the following information:

  • order number and date of issue;
  • Name of responsible persons;
  • the reason for the dismissal of the employee;
  • link to an article of the Labor Code;
  • lack of material claims to the employee;
  • date, painting, seal of the organization.

Order data is recorded in the work book.

Download a sample order for the dismissal of an employee of his own free will from the link.

The possibility of concluding a fixed-term employment contract is provided for by law for special cases when the situation is such that conducting activities is only possible temporarily.

However, many people also use this document for personal purposes - for example, to have fewer responsibilities to the employee, and also to easily dismiss him at the end of the term if he doesn’t like something. Such actions become something natural due to the rarity of inspections and the lack of awareness of employees about their rights.

Regardless of whether the contract was concluded honestly, or the boss decided to cheat, there may come a time when it needs to be terminated ahead of schedule. Sometimes this happens at the initiative of the employer, sometimes the other way around. The main thing is to make it legal; unless, of course, neither party is opposed to termination. Otherwise, you can try to defend your rights.

Procedure

AT normal situations the procedure for terminating a fixed-term employment contract includes a period of validity until the date that was entered in it as the last day of work.

The only one important nuance is that at least 3 days in advance, one of the parties must notify the other in writing that the time limit is ending. It means that:

  • or the boss must sign a document on the dismissal of the employee due to the expiration of the contract;
  • or the employee must do the same, only for him it will already be a letter of resignation.

If this moment is missed, in fact the contract remains in force, only flows into an open-ended one, and automatically.

Early dissolution

But there are other situations when the deadline has not yet come, and for some reason it is necessary to terminate the employment relationship. How to issue early dissolution fixed term contract? Interestingly, the TC does not impose special requirements for such cases.

Dismissal occurs according to the usual scheme - the same as is practiced when terminating fixed-term contracts.

An employee can also quit by notifying his superiors in advance, and he is not required to remain in place until the end of the term. The reasons can be anything. If the boss fires, then at his service is a list of violations, for which termination is due fixed-term contract. By agreement of the parties, it is easiest to formalize the termination of a fixed-term employment contract.

Grounds for termination of cooperation

The grounds for terminating a fixed-term employment contract, if combined, may be as follows:

  • at the request of the employee;
  • at the initiative of the employer;
  • ideally - by agreement of the parties; this is the most harmless situation;

This means that the termination rules are the same as for a regular contract (urgent). Both the employee and the employer can easily use this if one of them wants to terminate the employment relationship ahead of schedule. If you analyze in detail, then the reasons why you can fire or quit, are detailed in articles 78, 80 and 81 of the Labor Code of the Russian Federation.

There are also special instructions. For example, if the contract was concluded for a period not exceeding two months, or if he was assigned to seasonal work, then the employee must notify the employer of leaving at least three days in advance. The head, regardless of the term, must warn a month in advance.

Termination of a contract with a pregnant woman

Termination of a fixed-term employment contract with a pregnant woman, both on and before the expiry date is not possible. The validity of the document must be extended until the end of pregnancy. Here it is better for the employer to make concessions, because in the event of a complaint against him, there will be a lot of problems.

If you do not agree that you are being fired early, you will have an advantage in the event that the employer violates the legislation of the Labor Code - for example, an illegal conclusion of a contract. You can always prove your case if you are really right and if you persevere.

The dismissal of your employee will be legal if, when terminating a fixed-term employment contract with him, you follow three rules:

Step 1. Determine the basis for dismissal

Many employers believe that the only reason for terminating a fixed-term employment contract is its expiration (). However, the law allows you to terminate it ahead of schedule and for other reasons. At the same time, it is important on what basis you terminate or terminate a fixed-term employment contract with an employee. The procedure for processing your personnel documents depends on the basis for dismissal. First of all, let's consider what is the difference between the concepts of "termination" and "termination" of an employment contract (see diagram). The Labor Code combines these concepts into one - "termination of an employment contract." However, there are differences between them: for the termination of an employment contract, a volitional sign is important (the initiative of one of the parties, its request, its consent), while the termination occurs as a result of negotiations (agreement) or causes (events) independent of the desire of the parties.

Step 2. We follow the procedure for dismissal

As already mentioned, the procedure for dismissal depends on the grounds. Consider the most common grounds for dismissal.

As a general rule, a fixed-term employment contract is terminated due to the expiration of its term ( ). Be sure to notify your employee of this in writing at least three calendar days before the date of termination of the contract ( ). Such a notification should not be considered a formality: if neither party requires termination of the employment contract and the employee continues to work, the contract will be considered concluded for an indefinite period ( ). The form of notification of an employee about the termination of a fixed-term employment contract is not established by law, so it can be issued, for example, as shown in sample .

Notice of termination of a fixed-term employment contract. Sample

An employment contract may be terminated ahead of schedule at the initiative of the employer in the cases specified in Labor Code. You must notify the employee in writing of your decision.

For example, on termination of an employment contract in connection with the liquidation of an organization, warn each employee personally against signature at least two months before dismissal (). At the same time, employees who have concluded an employment contract for a period of up to two months must be notified of the upcoming dismissal at least three calendar days in advance (), and seasonal workers - at least seven calendar days in advance ().

The employee has the right to terminate the employment contract with the employer before its expiration on his own initiative ( ). To do this, he must submit a letter of resignation to the employer (see. sample ) in compliance with the deadlines established by law (cf. table).

Deadlines for an employee to submit a letter of resignation at their own request

Statement. Sample

According to of the Labor Code, an employment contract (including a fixed-term one) can be terminated at any time by agreement of the parties (see scheme ). Upon termination of a fixed-term employment contract by agreement of the parties, the parties sign an appropriate agreement (see sample ).

Agreement on the termination of a fixed-term employment contract. Sample

Step 3. We issue a dismissal order

Termination of a fixed-term employment contract is executed by order of the employer (). The employee must be familiarized with the order to terminate the employment contract against signature. It is compiled in accordance with the unified form No. T-8.

Step 4. We make an entry in the work book

As a rule, an entry is made in the employee's work book upon dismissal with reference to the basis specified in the Labor Code.

It is important to remember that the entry in the labor at the termination of a fixed-term employment contract with separate categories employees may have a link to other norms of the Labor Code. Thus, an employment contract with a scientific and pedagogical worker is terminated due to the expiration of the term for election by competition under clause 4 of part one of Article 336 of the Labor Code (see sample). And if an employee is not elected to a position, the employment contract with him should be terminated in accordance with paragraph 3 of the first part of Article 83 of the Labor Code. If it turns out that the employee submitted a false document of education during employment, the employment contract with him will be prematurely terminated in accordance with paragraph 11 of the first part of Article 81 of the Labor Code.

Information about work. Sample

Related Documents

Fixing the error

Error

Many employers agree to pay their employees who worked for them under a fixed-term employment contract and fall ill within 30 days after their dismissal, temporary disability benefits only for 75 days of their illness, referring to Article 6 of Law No. 255-FZ. They fear that the FSS of Russia will not take credit for the amounts paid to these workers.

How to

Such employees must be paid for all the days of their illness (part 2 of article 5 of Law No. 255-FZ). Article 6 of Law No. 255-FZ refers to employees who work under a fixed-term employment contract concluded for a period of up to six months and become ill during work, and not about all employees under a fixed-term employment contract, and even more so - not about those who fell ill after dismissal .

What if…

As a result of the GIT check, the employer will be obliged to assign an allowance to the employee for the days of his illness and pay a fine of up to 50,000 rubles (). If the employer assigns an allowance to the retired employee, and the FSS of Russia does not accept the amounts paid for offset, the employer will be able to successfully claim them through the court. The FSS of Russia did not reimburse such expenses before the adoption of Law No. 255-FZ, and not after (Decree of the Federal Antimonopoly Service of the North-Western District of November 28, 2005 No. A56-13502 / 05).

Remember the main thing

The experts who took part in the preparation of the material note:

Evgenia SIMAKOVA, lawyer, expert of the Kadrovoe Delo magazine:

- An employment contract can be terminated both due to the expiration of its validity period, and on other grounds provided for by law. The procedure for processing documents upon termination of employment with him depends on the basis for the dismissal of an employee.

Alena LACHUGINA, document manager of the municipal educational institution additional education children "Station young technicians» (Biysk):

- Termination of a fixed-term employment contract by agreement of the parties allows the employee and the employer to agree on its conditions themselves: for example, on the payment of monetary compensation to the employee and the term for terminating the employment relationship.

Yulia SAFINA, lawyer of the Yurkonsul Group of Companies (Moscow):

- The employee must be warned of the termination of the employment contract due to the expiration of its term in writing at least three calendar days in advance. If none of the parties demanded the termination of a fixed-term employment contract due to its expiration, it is recognized as open-ended.

Galina MEREZHKINA, Payroll Accountant, Municipal Unitary Enterprise Krasnoyarsk Housing and Public Utilities (Krasny Yar, Volgograd Region):

): an act on the employee's refusal to sign for a notification, a bypass sheet, an order to dismiss

In the electronic version of the article you will find additional sample: order to terminate a fixed-term employment contract due to the expiration of its term

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Depends on the reason for the dismissal. When terminating the contract at the initiative of the employer, notify the employee of the termination of the employment contract. When terminating the contract by agreement of the parties, sign an agreement on this with the employee. Upon termination of the contract at the initiative of the employee, receive a corresponding statement from him.

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