Concluding employment contracts with a limited duration is one of the ways to save effort and money when parting with employees. If all the conditions for concluding such a contract, the warning and settlement period are met, then it is almost impossible to challenge dismissal after the expiration of the employment contract. Many employers use this circumstance as a lever of non-material influence on temporary employees. However, a specialist hired for a certain period should remember some norms of labor legislation that allow him to adequately respond to abuses by his superiors.

What is the term of an employment contract and how do you understand that it has expired?

Based on the period of validity, the Labor Code () divides employment contracts into only two categories: fixed-term or unlimited. The difference between one and the other is that the first will necessarily indicate the time period of its action. If such a clause is omitted in the work agreement, it will be considered signed for an unspecified period, with all the ensuing labor guarantees.

Whatever one may say, employees hired on the basis of an unlimited period of performance of their functions are, formally, better protected than conscripts. To ensure that the employer does not get carried away with such concessions, the legislator has established a number of restrictions:

• the maximum duration of such a contract is 5 years (this limit is established by Article 58 of the Labor Code of the Russian Federation, but does not exclude the possibility of using special laws of the Russian Federation);
• the signing of an agreement limited to a certain period is possible only for those works that do not imply cooperation on an ongoing basis, Art. 59 Labor Code of the Russian Federation;
• you can argue about the legality of offering a fixed-term contract in court, in this situation it becomes indefinite;
• the contract will automatically become permanent if the notice period for its termination is missed, Art. 58 Labor Code of the Russian Federation.

There is a division within the very concept of fixed-term contracts. Depending on the conditions under which the temporary contract is concluded, its expiration date and warning period will be determined, Art. 79 Labor Code of the Russian Federation:

Regardless of whether the employee himself remembers when his contract expires, management is obliged to duplicate this information. Moreover, a verbal reminder will not be enough; for the purpose of dismissal due to the expiration of the employment contract, a written notice is provided, not in the form established by law, but in a common sample.

Dismissal procedure

Any dismissal that occurs without the direct desire of the employee is a potentially dangerous operation. One procedural error or inaccuracy can lead to negative financial consequences for the company and administrative surprises for the manager personally. There is only one way out of this situation: to put aside emotions and haste in order to carry out dismissal upon expiration of the employment contract in full compliance with the Labor Code and, in particular, with Article 79 of the Labor Code of the Russian Federation.

Late notification or missing the dismissal date transfers the employee to the category of those hired for an indefinite period, Art. 58 Labor Code of the Russian Federation.

Notice of dismissal

IN labor legislation There are not many reasons for concluding fixed-term employment contracts. Rather, it contains an implicit warning that employers should use this form with caution and accept employees without time limits. At the same time, this norm can be easily circumvented by small businesses and individual entrepreneurs with a small staff of employees. The possibility of urgent hiring is provided for them by agreement of the parties, Art. 59 TK.

If, according to any of the grounds of the Labor Code of the Russian Federation, fixed-term contracts are nevertheless concluded at the enterprise, then personnel officers must maintain a kind of calendar for themselves labor relations. This is especially important for the employer, since missing the notice date automatically changes the status of a temporary worker to permanent.

Based on the requirements of Article 79 of the Labor Code of the Russian Federation, three days before the end of the contract, the employee is notified in writing of dismissal. There is no unified form for this document, but notices of reduction can be taken as a sample if you make a few changes to it:

• the notice is printed on company letterhead or indicating all the company details;
• the document must be personalized (the full name of the specialist and his position must be entered);
• it is necessary to emphasize exact date layoffs;
• it is advisable to clarify the number of the employment contract and the clause in accordance with which it is considered urgent;
• inform the employee that dismissal upon expiration of the employment contract will be carried out in accordance with paragraph 2 of Article 77 of the Labor Code of the Russian Federation;
• the date of drawing up and actual delivery of the paper may not coincide, but must fit within the time limits provided by law.

The requirement to meet deadlines does not apply to situations where a specialist takes the place of a temporarily absent person. Since the law does not oblige, for example, a maternity leaver to inform in advance about her intention to return to work, termination of a fixed-term contract can occur in one day.

The document is presented to the employee personally, against signature. If for some reason he does not want to be familiar with the paper, then the employer can involve witnesses in this process. Having read the notice to the employee out loud in their presence, the director has the right to draw up an act of refusal to familiarize himself and calmly deal with current issues.

Order of dismissal

On the day of the planned settlement, the enterprise must issue an order to dismiss the temporarily invited specialist due to the expiration of the employment contract. It is important to understand that it is necessary not only to inform him in a timely manner about the upcoming expiration of the terms of cooperation, but also not to be late in signing the management’s order. One day of delay will lead to dismissal under clause 2 of Art. 77 of the Labor Code of the Russian Federation will be declared illegal.

A sample order to terminate an employment contract can be found in the Decree of the State Statistics Committee of the Russian Federation on unified forms dated January 5, 2004. The T-8 form is considered the most convenient, allowing you to disclose all the important circumstances and details of the dismissal of each team member.

The document columns indicate: the terms of the employment contract, the reason for dismissal and a link to the article of the Labor Code of the Russian Federation. It is imperative to refer to the clause of the contract and mention how and when the employee was notified of the end of his period of work. As in all other cases of separation from an employee, the order must bear the signature of the person being dismissed or the signature of witnesses to his refusal.

You can issue a dismissal order in advance, indicating the actual date of termination of the contract, then it can also serve as evidence of timely notification.

Making an entry in the work book

Process correct design the work book of a conscript employee is not much different from any other case. An exact copy of the wording taken from the dismissal order is also transferred to it. The Labor Code norm is also indicated in the section on work: clause 2 of Article 77 of the Labor Code of the Russian Federation.

The book is not issued if the employee worked on an external part-time basis, and his documents are kept by the main employer. In this situation, the most that the person leaving can demand is to receive a copy of the order and a certificate about the period of work and the position held. If desired, his main employer can make entries about another place of work, based on the issued papers.

Even if the need to terminate cooperation arose unexpectedly and the employer is forced to prepare documents for dismissal due to the expiration of the employment contract, as they say, “out of the blue,” the order, work permit and money must be issued on the day of the last visit to work, Art. 140 Labor Code of the Russian Federation.

Cash payments upon dismissal

No matter how long the employment relationship under a fixed-term contract lasts, the employee can count on all the payments listed in the code:

• balance of salary;
• compensation for all earnings and unused vacation(even if no more than one day of rest has accumulated during employment);
• bonus for conscientious work and compensation for working on holidays and overtime;
• severance pay or other bonuses guaranteed by a collective agreement or individual agreement.

Due to the fact that temporary cooperation can be quite short, it is necessary to separately study the issue of determining the required number of vacation days before formalizing dismissal upon expiration of the employment contract. According to the rule of Article 291 of the Labor Code, if the employment relationship lasted two months or less, then for each month the employee is entitled to two days of rest. In other cases, the formula is used:

The required number of days (at least 28)/12*number of full months worked.

The latter indicator is difficult to determine if the employee was hired or fired not from the beginning of the calendar month. In this case, the rounding rule is as follows: a “tail” of more than 15 days is taken as a full period, and less is not included in the calculation.

Dismissal due to the expiration of an employment contract is a unique form of mutual agreement between the parties, because the parties agree on the date and conditions of separation in advance and voluntarily. In order for the process to proceed peacefully and without unpleasant associations, the employer must not forget that cooperation is temporary and remind the employee of this in advance.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and others regulatory documents to regulatory authorities.

Labor relations of a fixed-term nature raise many questions among business managers. The article will talk about the possible grounds for concluding such an agreement, how documents should be drawn up in this situation, and how to competently release such an employee.

A fixed-term contract is not for everyone.

Agreement on urgent reason may be concluded between the parties if there is no need to cooperate for more than five years. Now let's consider possible cases for concluding such an agreement:

• You cannot enter into a contract of an open-ended nature. This is determined by:

1. Features of the conditions (absence for some reason of the main contractor, the employee is involved in work that is not typical for the activities of the enterprise, the organization was created for a short period of time, employment for the duration of training);
2. The nature of the work performed (seasonal and temporary, elected position);

• by agreement, regardless of the nature and conditions of work. Based on the cases described in Part 2 of Art. 59 of the Labor Code of the Russian Federation (the number of full-time employees in the organization is less than 35 people, contractual relationship with a retired employee, moving to remote areas, urgent work, eliminating an emergency situation, electing an employee based on the results of a competition, hiring representatives of the creative environment, contracts with enterprise managers, deputies, employment of full-time and part-time students).

Registration of employment record and other subtleties of hiring an employee

A hiring order is issued.

The employer is the person responsible for storing and recording in one of the most important documents the person hired by him individual. All employees, except part-time employees, are required to make an acceptance note, with the exception of the reason that their main place of work is another organization.

Even when the contract is concluded for a specific period, recording is also required.

1. Preparation of a draft employment contract, which states that the document is urgent, as well as an employment order;
2. Signature of the agreement, order by the director of the enterprise;
3. Execution in work book. The requirements for numbering the record and recording the date of commencement of the employment relationship must be observed. IN mandatory is noted: record number, the start date of the employment relationship is recorded, information about structural unit, positions, link to order;
4. Recording data on the employee’s book availability in a special accounting book;
5. Familiarization of the newly admitted person with all documents related to admission;
6. Transfer of a copy of the employment contract;
7. Conducting training on .

A little should be said about the process. Although this is a temporary employee, his induction into the position should be taken as seriously as possible, because he comes to work in the organization for a fairly long period.

If the quality of the adaptation process is low, the company may lose a worthy employee, and recruiting managers will again need to look for a specialist, which can be quite difficult given the urgent nature of the employment relationship.

Therefore, it is necessary to do everything so that the employee adapts as easily as possible and begins to produce results at the required level. To do this you can do the following:

• familiarize the newcomer with all the necessary documents;
• inform about the structure, values, corporate culture of the organization;
• talk about the features of interaction;
• provide access to all the information that an employee needs in his work (corporate directory, internal portal, access to accounting programs);
• appoint a mentor from among the most experienced and loyal team members;
• control the adaptation process and adjust tasks.

Mandatory condition for termination of a fixed-term contract

Some employers are greatly mistaken in believing that the dismissal of an employee in this case is automatic. becomes unlimited if the parties have not taken certain measures and the employee fulfills the duties entrusted to him.

The manager must keep this issue under control and notify the contractor of the planned termination of the employment contract.

Dismissal at the end of the employment contract

Detailed dismissal procedure.

Let's consider this procedure in detail.

1. The contractor should be notified in writing, except in the case where an employee hired under a fixed-term contract replaces the main one. No written notice is required here. The notification does not have a specific form, but there must be 2 copies (for the employee and the employer) indicating the date of dismissal;
2. Signing of the notice by the CEO/president of the company;
3. The document is registered with the obligatory assignment of a number;
4. Provide the employee with written acquaintance three days in advance with the completed notice and hand over one copy to him. It is recommended to make a note on the notification that the employee received this document;
5. The notice is filed in a special folder or attached to a personal file;
6. Drawing up an order. The document indicates that the employment contract loses its force due to the expiration of the term (clause 2, part one of Article 77 of the Labor Code of the Russian Federation) with an indication of the documents that served as the basis (contract, signed notice, employee statement);
7. sent for signature by the manager, and then it should be registered;
8. Familiarization of the employee with the order (based on Part 2 of Article 841 of the Labor Code of the Russian Federation);
9. Sending the order for storage, noting its presence in the personal file (you can make a copy and store it in the personal file of the dismissed employee);
10. Entering data into the employee’s personal card (see order data);
11. Written familiarization of the employee with all dismissal documents;
12. Transfer of information for cash payment to the accounting department;
13. Entering information about dismissal into the labor record with mandatory certification by the person responsible for document flow;
14. Familiarization of the employee with the mark in the work book, handing over the document.

The employee must sign for receipt.

Features of termination of labor relations with certain categories of workers

You can terminate a contract with a pregnant woman only in special cases.

We will initially talk about pregnant women and women who are on maternity leave, since motherhood and childhood are under special protection of the state. Let's look into this issue.

You can terminate your employment relationship with a pregnant woman in the following situations (Part 1 of Article 261 of the Labor Code of the Russian Federation):

• if a contract was concluded with the pregnant woman before the main employee left;
• in conditions of liquidation legal entity, where the pregnant employee was employed;
• upon termination of the company's activities.

However, a fixed-term contract is extended if the pregnant employee presents to the manager an application for extension of the employment contract and a certificate of pregnancy. Sick leave for pregnancy and childbirth is also issued on the basis of legal requirements.

If the end date of the employment relationship, indicated in the employment contract, falls during her stay on maternity leave, the employee should be dismissed subject to mandatory compliance with the requirements of the law.

A fixed-term contract with this category of employees cannot be renewed, but it is possible to conclude a new one.

The period specified in the contract is determined constituent documents, or, alternatively, by agreement of the parties.

The conclusion of an employment relationship may be preceded by a competition or election to a position.

Entry in the work book upon termination of the contract

Recording in the labor record is done according to all the rules.

Let us consider this procedure separately, since it is very important.

1. The entry is made in the labor record directly on the day of dismissal;
2. In the information about admission/transfer/dismissal, we indicate that the contract is terminated due to the expiration of its validity period (clause 2, part one of Article 77 Labor Code Russian Federation). We refer to the order, indicating the date;
3. The one who makes the entry indicates his position, signature, full name;
4. The document is stamped with the organization's seal. It is recommended to do this carefully, without touching the free lines;
5. The employee puts his signature on the next line;
6. This document should be given to the employee on the day of dismissal and the employee should be asked to sign the book to record the movement of books. This is important because if there is no signature, it turns out that the employer kept the document and this can lead to serious consequences;
7. If an employee is not present at work on the day of dismissal (the reasons may be completely different) and it is not possible to issue him a book, then the employer is recommended to do the following:

• draw up a written notification to the employee that the employment contract with him has been terminated (indicate the reasons - order, notice). It should also be indicated that in order to receive the book, he needs to come to where the organization’s human resources department is located to pick up the document. The employee also has the right to send a letter of consent to send a document to a postal address;
• further on the same day it is necessary to inform the employee by sending a written notification by mail. Should be sent by registered mail with notification of delivery to all employee addresses known to the employer;
• a copy/second copy of the letter must be kept in your personal file.

These measures will help you avoid troubles with inspection authorities.

What are the consequences of late issuance of a work book?

As mentioned above, the document must be given to the employee on his last day of work at the enterprise.

Certain categories of employers believe that non-delivery is a way of manipulating an employee. For example, in judicial practice There are cases when an employee did not receive a document under the pretext of the need to transfer business, train a newly hired employee, help him in mastering business processes, etc. Naturally, it is assumed that the employee must do this on a voluntary basis, without monetary support.

Such behavior by a manager is not only unethical, it is illegal and if the employee contacts the inspection authorities, the employer will be obliged to pay monetary compensation.

Sample entry in a work book.

Is it possible to appeal the termination of such an agreement in court?

Probability that former employee initiates an appeal to the court exists, therefore the manager should carefully follow the procedure for parting with the employee.

So, the employee can do this by submitting the following documents:

• statement of claim;
• contract (a copy is enough), work book (copy);
• document showing the employee’s income level (certificate of wages);
• documents that confirm the illegality of termination of employment relations.

Thus, we have found out under what circumstances a fixed-term contract should be concluded, how the acceptance and termination of an employment relationship is formalized, and what risks may exist when the contract is not terminated correctly.

From this video you will learn about dismissal upon expiration of the employment contract.

Form for receiving a question, write yours

An employment contract (EA) is the main document concluded between an employer and an employee. A fixed-term employment contract (FTA) is signed when it is impossible to establish an indefinite period. The maximum term of the STD is five years. If the contract specifies a longer period, the employee is considered to be hired for permanent employment.

Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. Including:

• concluded for the duration of certain work - upon its completion;
• prisoner for the duration of the duties of an absent employee - upon his return;
• contracted to perform seasonal work during a certain period (season) - at the end of this period (season).

Dismissal upon expiration of the employment contract

The employee must be notified in writing of the termination of the labor contract due to its expiration at least three calendar days before dismissal, except in cases where the period of validity of the labor contract concluded during the performance of the duties of the absent employee expires.

The original notification is given to the employee personally, and on the copy of the notification he must put a personal signature with a transcript, as well as indicate the date of receipt of the notification. A copy of the document is filed in the employee’s personal file.

If you refuse to familiarize yourself with the notification, a corresponding act is drawn up.

Sample notice of termination of a fixed-term employment contract

Expiration of a fixed-term employment contract to perform work

The dismissal procedure after the expiration of the employment contract concluded for the duration of the specific work begins with the preparation of an act of acceptance of work performed according to the STD. This is the basis for termination.

To do this, you can use the act of the unified form No. T-73, approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for the accounting of labor and its payment.” However, the use of this form is not mandatory. The parties can draw up an act in free form.

The act is drawn up in two identical copies. The employer's copy is filed in the employee's personal file. The expiration date of the STD will be the day following the date of issue of the act.

Sample act of acceptance of work performed under a fixed-term employment contract

Order of dismissal at the end of a fixed-term employment contract

If the STD is terminated after the expiration of the validity period, the employee is dismissed under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation - due to the expiration of the TD period. In this case, an order is issued to terminate (terminate) the trade agreement with the employee (dismissal). The unified form of such an order No. T-8 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. The employee must be familiar with the order (instruction) on dismissal. A copy is filed in the employee’s personal file.

Entry into the work book

The employer is obliged to issue it on the day of dismissal. The procedure for making an entry in it upon termination of a TD is prescribed in Section. 5 of the Instruction approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69.

If the fixed-term employment contract has not expired

The STD may be terminated before the expiration of its term on the grounds set out in Article 77 of the Labor Code of the Russian Federation. The procedure is the same as for terminating a TD concluded for an indefinite period of time.

Extension of a fixed-term employment contract

If neither party has requested termination of STD due to the expiration of its validity period, and the employee continues to work after the expiration of the STD period, it is considered to be concluded for an indefinite period. In this case, changes are made to the TD by concluding an additional agreement. On the contrary, no additional entries are made in the workbook. This position is set out in the Letter of Rostrud dated November 20, 2006 No. 1904-6-1.

The employer must keep in mind that he does not have the right to demand fulfillment of duties after the expiration of the TD period. If he wants to extend the TD, then it is necessary to offer to conclude an additional agreement to the contract. Otherwise, the employee, having worked his last working day, may not go to work, and this will not be considered absenteeism.

Vacation and compensation upon dismissal

The conclusion of an urgent TD does not change the employer’s obligation to provide annual basic paid leave of 28 calendar days with retention of place labor activity and average earnings. In accordance with Article 127 of the Labor Code of the Russian Federation, upon dismissal, financial compensation for all unused vacations. Wherein:

• Those employed in seasonal work are provided with paid leave at the rate of two working days for each month worked (Article 295 of the Labor Code of the Russian Federation).
• Those who have entered into a labor contract for a period of up to two months are provided with paid leave at the rate of two working days per month worked (Article 291 of the Labor Code of the Russian Federation).

Special cases

A special case is the dismissal of a pregnant woman after the expiration of the TD period. With the exception of the case that will be discussed below, dismissal of a pregnant woman after the expiration of the TD period is impossible. The employer is obliged to extend the employee's TD if she submits an appropriate application and a medical certificate confirming pregnancy. The validity period of the TD should be extended until the end of pregnancy, regardless of the reason for its end.

The date of dismissal in this case will be:

• if the employee has been granted maternity leave, the day on which this leave ends;
• if such leave is not granted - within a week from the day the employer learned of the end of the pregnancy.

Maternity benefits, upon registration with early dates pregnancy and at the birth of a child are calculated and paid in the usual manner. Parental leave is not provided.

An employer has the right to dismiss a pregnant woman after the expiration of an urgent work permit, subject to the following conditions (Part 3 of Article 261 of the Labor Code of the Russian Federation):

• an urgent TD was concluded for the duration of the duties of an absent employee;
• transfer of an employee with her consent to another job available to the employer and not contraindicated for her health reasons is impossible.

In this case, the employer is obliged to offer the pregnant employee all the vacant positions or work that he has in the given area that correspond to her qualifications, as well as vacant lower positions or lower-paid work that the woman can perform taking into account her state of health.

differs from termination of employment with other full-time employees. If the period specified in the documents has expired, then emergency dismissal employment contract should occur according to general rules.

What is a fixed-term employment contract?

The hiring of new employees is confirmed by the execution of employment contracts, which reflect the procedure and conditions of work, the rights and obligations of existing parties, as well as the duration of the employment relationship.

In this case, it is possible to conclude both open-ended employment contracts and contracts with a limited period of validity. The duration of the latter cannot exceed 5 years (Article 58 of the Labor Code of the Russian Federation). If a longer period is prescribed, then such an agreement becomes indefinite.

In accordance with the provisions of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is drawn up on the basis of the following conditions:

1. If you plan to hire a new employee whose responsibilities include performing the functions of temporarily absent employees.
2. If it is necessary to perform seasonal or temporary (no more than 2 months) work.
3. To perform specific types of work and services not related to the daily activities of an economic entity.
4. For performance labor functions, the expiration date of which is determined by a specific date.
5. When sending an employee abroad.
6. If the nature of the work is related to studies, internships.
7. For temporary employment of persons undergoing alternative civil service, or citizens sent to temporary work employment centers.
8. In other situations permitted by law.

In addition, fixed-term employment contracts can be concluded with paralegals and prosecutorial employees, as well as with persons in the civil service.

To conclude employment contracts with limited time Employers also have the right to act with the agreement of interested parties (Article 59 of the Labor Code of the Russian Federation). These include small enterprises whose number of employees does not exceed 35 people. Also, contracts of this kind can be drawn up with:

• citizens who have reached retirement age, as well as those who, for medical reasons, are allowed only temporary employment;
• persons working in the Far North;
• employees whose activities are related to the prevention natural Disasters and other emergency situations;
• workers of culture and art;
• representatives of the management apparatus - managers, chief accountants;
• ship crew members;
• employees performing their duties part-time;
• full-time students.

Illegal establishment of the validity period of an employment contract, confirmed by the judicial authorities, transfers it to the category of indefinite (Article 58 of the Labor Code of the Russian Federation). The conclusion of fixed-term employment contracts that limit the rights of employees may be considered illegal. Thus, if dismissal is due to the liquidation of an enterprise or staff reduction, severance pay in the amount of 2 average monthly salaries is not due to employees who have entered into fixed-term employment contracts lasting up to 2 months.

For other information about severance pay and its taxation, see the material “On personal income tax exemption of the amount of severance pay upon dismissal.”

Conditions for applying a fixed-term employment contract

Employment contracts with a limited duration are mainly concluded in cases where the type of work performed is temporary. In other situations, agreement of both parties is necessary.

If fixed-term contracts are periodically concluded with the same employee, the employer must be ready to provide reasoned explanations for the need to determine the terms. Otherwise, the judicial authorities, when considering conflict situations such contracts can be recognized as perpetual.

If, after the expiration of the concluded employment contract, neither party has expressed a desire to terminate the employment relationship, the contract is recognized as unlimited. In this case, there is no need to make additional entries in the work book. However, the changes will need to be recorded in an additional agreement (letter of Rostrud “On the term of the employment contract” dated November 20, 2006 No. 1904-6-1). The extension of the term of the employment contract is also confirmed by the order.

For other information about the responsibilities of HR employees, see the material “Procedure for maintaining personnel records at an enterprise.”

Considering the fact that the expiration date of employment contracts does not imply their completion, employers are recommended to keep records of these documents themselves. Otherwise, employees will have to be dismissed on a general basis at the end of the completion period.

For additional information on the procedure for dismissal in certain situations, see the material “Procedure for dismissal due to liquidation of an organization.”

Dismissal under a fixed-term employment contract

The process of terminating employment relations with employees who work on the basis of fixed-term contracts, is slightly different from the standard dismissal procedure.

The reason for dismissal under a fixed-term employment contract may be the end of its validity period. But in this case, it is important not to miss the deadlines. The basis is clause 2 of Art. 77 of the Labor Code of the Russian Federation, which applies in cases where the parties have decided to terminate further labor relations.

Dismissal must be preceded by a written warning from management issued to the employee at least 3 days in advance. The fact that the dismissed person is familiar with the notice sent to him must be recorded. The only exception is the termination of the contract on previously accepted conditions, under which the duties of an employee absent for any reason were temporarily performed (Article 79 of the Labor Code of the Russian Federation).

The absence of notice of dismissal does not allow dismissing an employee due to the expiration of the employment contract. In such cases, the employment relationship can be terminated only on other conditions provided for by law.

Drawing up a notice of termination of an employment contract is allowed in any form. It should reflect the date and reason for dismissal. If the employee refuses to familiarize himself with the notice, a corresponding act is issued.

Termination of employment under a fixed-term employment contract is permitted in the following cases:

1. If the contract is drawn up for the purpose of performing certain types of work, termination occurs upon completion. In this case, an act of acceptance and transfer or performance of work is drawn up. The end of the contract term is the next day after the act is drawn up.
2. If the contract implied the fulfillment of the duties of a temporarily absent employee, then it terminates when the employee returns to work. workplace.
3. A fixed-term contract can also be concluded for a period of seasonal work. It ends after the end of the designated period. Lists of seasonal work and their terms are established by the Government of the Russian Federation.

After the termination of the employment relationship, the employee receives a work book, payroll and related documents.

For more detailed information about the documents issued upon dismissal, see the material “Certificate of wages - sample and form in 2015”.

If an employee decides to leave the workplace after the end of the contract, the employer does not have the right to retain him.

Upon dismissal, the employee is guaranteed all due monetary payments: payment for the period of work, compensation for unused vacation. If a fixed-term contract was drawn up for a period of up to 2 months, then compensation for vacation is calculated at the rate of 2 days for 1 month worked (Article 291 of the Labor Code of the Russian Federation). The grounds for termination of the employment relationship do not affect the amount of compensation paid. The terms of the contract may provide for other payments, such as severance pay, the amounts of which are reflected in local documents.

Under some circumstances, the termination of fixed-term contracts occurs earlier than the established period, including on the basis of the provisions of Art. 77 Labor Code of the Russian Federation, according to mutual consent parties, at the initiative of the employer and other circumstances beyond the control of the parties.

Dismissal under a fixed-term employment contract caused by the employee’s initiative must be accompanied on his part written notice management 3 calendar days before the expected termination of the employment relationship.

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, the termination of the contract will have to be carried out on a general basis, involving a longer working period or, possibly, more high level payments upon dismissal.