Possibility of concluding an urgent employment contract provided by law for special occasions when the situation is such that conducting activities is only possible temporarily.

However, many people use this document for personal purposes - for example, to have fewer responsibilities to an employee, and also to easily fire him at the end of the term if something is not to his liking. Such actions become something natural due to the rarity of checks and employees’ lack of awareness of their rights.

Regardless of whether the contract was concluded in an honest manner, or the boss decided to cheat, there may come a time when it needs to be terminated early. Sometimes this happens on the initiative of the employer, sometimes on the contrary. The main thing is to make sure that it is legal; unless, of course, either party is against termination. Otherwise, you can try to defend your rights.

Procedure

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

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

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

If this moment is missed, in fact the contract remains in force, only it becomes indefinite, and automatically.

Early dissolution

But there are other situations when the deadline has not yet come, but stop labor Relations for some reason it is necessary. How to formalize early termination of a fixed-term employment contract? Interestingly, the Labor Code 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 resign by notifying his superiors in advance, and he is not required to remain in place until the end of the term. The reasons could be anything. If your boss fires you, then he has a list of violations at his disposal, 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 termination of 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 rules for termination are the same as for a regular (fixed-term) contract. Both the employee and the employer can easily take advantage of this if one of them wants to terminate the employment relationship early. If we look at it in detail, the reasons why you can be fired or resign are: are specified in detail in Articles 78, 80 and 81 of the Labor Code of the Russian Federation.

There are also special regulations. 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 his resignation at least three days in advance. The manager, regardless of the deadline, must give a month’s notice.

Terminating a contract with a pregnant woman

Termination of a fixed-term employment contract with a pregnant woman, both before and before the expiration of the term is impossible. The validity of the document must be extended until the end of pregnancy. Here it is better for the employer to make concessions, because if there is a complaint against him there will be a lot of problems.

If you do not agree that you are fired early, you will have an advantage in case the employer violates Labor Code legislation - for example, illegally concluding a contract. You can always prove that you are right if you are really right and if you show persistence.

When applying for a job, hired personnel are increasingly offered the possibility of concluding fixed-term employment contracts. Undoubtedly, this is a convenient and profitable form of labor relations for the employer. But what pitfalls are hidden behind this? In this article we will tell you about the termination of a fixed-term employment contract and give examples depending on different situations.

Distinctive features of a fixed-term employment contract

The duration of a fixed-term employment contract cannot exceed 5 years. More often, employers prefer to conclude it for a year. Sometimes staff are hired to perform seasonal work, then the period can be a month, a quarter, or six months. The employer was obliged to explain why a specific period is indicated in the contract, based on real legal norms.

The order must also refer to the reason for drawing up the fixed-term contract. After its expiration, there are few reasons for extension in the legislative framework (pregnant women and employees of the scientific and teaching field have the right to this). Read also the article: → “”. But if the parties continue to cooperate, then the main agreement can be concluded.

The procedure for terminating employment relations at the initiative of the manager

The grounds for such actions are stated in Article 81 of the Labor Code:

1. The company ceases its activities.
2. Staff reductions are underway.
3. The employee cannot fully perform job responsibilities due to low qualifications, which is confirmed by the passed certification.
4. Periodic tardiness and absenteeism.
5. Dissemination of trade secrets.
6. Change of leader.
7. The decisions made by the employee harmed the organization.

The contract may specify additional reasons why it is possible to terminate the employment relationship.

When the employer is the initiator in this matter, it is not enough to simply refer to one of the points; the basis must be documented. For example, when the reason is constant lateness, the form of evidence is a memo or an explanatory note from an employee.

Actions upon expiration of the contract

The procedure for terminating the employment relationship upon expiration is indicated in the table:

The notice must be prepared in two copies, one for each party. It is mandatory to deliver this document in writing at least 3 days before the specified date. If an employee is sick, this cannot be a reason for deferment. It is also necessary to notify him of this 3 days in advance and dismiss him within the period specified in the contract, having done all due payment on sick leave.

It is necessary to notify the employee 3 days in advance of the end of the contract.

An example of an excerpt from judicial practice on termination of an employment contract during an employee’s illness

A hearing was held in the Kemerovo court on the complaint received from S.Yu. Lomonosov. complaint about government agency, in which his son was listed as an employee. Son Sergei, who was not yet 18 years old, worked as an instructor under a fixed-term employment contract.

Due to a sprained ligament, he was hospitalized. When he went back to work, Sergei was faced with the fact of his dismissal retroactively, due to the expiration of the period that had occurred while he was in a medical institution. The young instructor's father presented educational application the following claims:

1. Since he is the guardian of the minor son, he should have been given a notice of termination of the contract, and Lomonosov S.Yu. didn't receive it.
2. The educational institution was silent about the additional agreement concluded to extend the term labor activity son and concealed his presence.

Based on this, an application was filed in court. Lomonosov S.Yu. demanded that his son be reinstated, that material and moral damages be paid, and that the director be brought to justice. Having considered the complaint, the court did not satisfy it and recognized the director’s actions as legal and justified.

Due to the fact that the term of the employment contract fell precisely during the period the guy was in the hospital, the notification was sent by mail, for which there is relevant evidence, and the additional agreement was only in the draft, but not signed by the parties.

Termination of the agreement when working part-time

When terminating an employment contract with such personnel, the employer must take into account all the nuances so as not to make mistakes and act strictly within the framework of the labor code. An employment contract with a part-time worker can be terminated both for general reasons as regular contracts, and for additional ones:

1. If an employee is hired to replace an employee, for whom this position will become the main place of work, then the director has the right to dismiss the “part-time employee.” For this procedure to be legal, it is necessary to notify him of this two weeks before the planned date of termination of the agreement.
2. When a person is transferred from a part-time position to the main job, the contract ceases to be relevant and ceases to be valid. At the same time, personnel services often make serious mistakes: they do not terminate the old contract, do not draw up a new one, but simply issue a transfer order. But do not forget that the main job and part-time work are regulated by different legislative norms and one cannot be a continuation of the other.

The above-mentioned additional grounds for termination of the contract apply to those concluded for an indefinite period. If a fixed-term employment agreement is drawn up, then it is governed by basic norms and the termination of relations with such an employee occurs on a general basis (in accordance with Article 77 of the Labor Code), which was described at the beginning of the article. Additional reasons for termination cannot be applied to it.

When moving from a part-time job to your main place, it is not enough to create an order, these are two absolutely different types contracts.

Is it possible to quit on weekends?

When concluding a fixed-term employment contract, it is not always possible to predict whether the last day will be a holiday or just a day off for the employee. Labor Code provides several options for resolving the current situation. After all, the main thing is not to infringe on the rights of the employee.

1. The date can be moved to the first working day following the weekend.
2. Also, the contract can be executed on a date earlier than specified in the contract, but only if both parties agree.
3. The end of the employment relationship may be considered the last day of actual fulfillment of labor obligations.

The dismissal procedure should take place in the following sequence:

• The employer provides notice 3 days before the end of the period;
• Drawing up an order. It must indicate: date, number of the employment contract, documents on the basis of which the agreement is terminated (delivered notice), grounds.
• Sign up for work book and wages are paid on the last working day.

When the end date of the contract falls on a weekend, it is possible to pay off the employee on the last working day, with the consent of both parties.

Expiration of term during pregnancy of an employee

If before the end of the contract it turns out that the employee is “in a position”, the employer does not have the right to terminate the employment contract with her, even if its term ends. It is possible to do this:

• on the day of the end of pregnancy and childbirth;
• if the employee is not granted leave, then within 7 calendar days after the employer becomes aware of the termination of pregnancy;

In the case where an employee was hired to temporarily perform the job duties of another employee, after the main employee leaves, the manager has the right to fire even a pregnant woman. However, if there is a vacancy in the organization, the manager is obliged to offer it, at least before the onset of childbirth.

The employer is obliged to make payments and extend the contract until the end of maternity leave.

Early termination with certain categories of employees

Urgent conclusion labor agreement with foreign citizens is prohibited by law. They can only be issued for an indefinite period, which is determined taking into account the expiration of the visa period. There are other categories of hired persons:

Rating of 5 popular questions about a fixed-term employment contract

Question No. 1. What to do if the contract does not have an end date?

Question No. 2. Does an employer have the right to enter into multiple short-term contracts with one employee?

No. Examples of practice show that in this case the contract can be recognized as the main one.

Question #3 Is an employee working under a fixed-term contract entitled to annual paid leave and compensation upon dismissal?

Yes, the employer is obliged to provide leave and make all payments due.

Question No. 4. If an employee recently got a job, can he be denied sick leave benefits?

Benefits must be paid, only their calculation will be based on the average salary from the date of conclusion of the contract.

Question #5 Is it beneficial for an employee to sign a fixed-term employment contract?

No. When drawing up this document, only the employer benefits.

Typical mistakes when drawing up and terminating a fixed-term contract

1. The contract, which is drawn up for the period of replacement of the main employee, includes an end date. This violates the law, since the end of the employment agreement occurs automatically on the day the employee leaves.
2. Often, employers violate the procedure for terminating a fixed-term contract (they do not notify the employee 3 working days in advance about the expiration of the term, they do not provide an order for review).
3. Dismissal of a pregnant woman. In this case, it is necessary to extend the term of the contract for the entire period of bearing the child.

The reason for terminating the employment relationship can be either the desire of the employee or the initiative of the employer. A fixed-term employment agreement usually expires upon expiration of its validity period. However, in some cases a fixed-term employment contract can be terminated early.

From this article you will learn:

• is it possible to terminate a fixed-term employment relationship at the initiative of the employee;
• procedure for terminating a fixed-term employment agreement at the request of the employee;
• termination of a fixed-term employment contract at the initiative of the employee: what is important to consider.

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

A fixed-term employment contract is an employment agreement concluded for a certain period of time or to perform a specific job, in cases where an open-ended employment contract cannot be used. Such employment contracts can be concluded for a very short period, for example, a couple of months or several weeks. An example would be seasonal work, temporary replacement for an absent employee, work in an elected position, etc. As a rule, a fixed-term contract loses force due to the expiration of its validity period or upon completion of the work for which it was concluded.

About a fixed-term employment contract: read a sample

However, in many cases, one of the parties to the employment agreement may wish to terminate the employment contract early. Labor legislation Russia does not prevent early termination of a fixed-term contract, either at the initiative of the employer or at the initiative of the employee.

Thus, the Labor Code of the Russian Federation, when considering issues of early termination of contracts, practically does not distinguish fixed-term employment contracts and employment contracts concluded for an indefinite period. The main prerequisites for termination of any employment contract are listed in Articles 78, 80, 81 of the Labor Code of the Russian Federation. At the same time, the Labor Code of the Russian Federation contains special rules governing special cases of early termination of a fixed-term employment contract. We will talk about them below.

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

Early termination of any employment agreement (including a fixed-term one) at the request of the employee occurs on the basis of his written application, which in general must be submitted to the employer at least two weeks before the day of dismissal (Article 80 of the Labor Code of the Russian Federation). In the case of fixed-term employment contracts concluded for a period of less than 2 months, the employee can notify the employer of his desire to quit in just 3 days (Article 292 of the Labor Code of the Russian Federation).

Also, three days before the date of the desired dismissal, the employee notifies the employer in the case of seasonal work (Article 296 of the Labor Code of the Russian Federation). And if the head of the organization resigns, then he is obliged to provide an application for early dismissal at least one month (Article 280 of the Labor Code of the Russian Federation).

It should be noted that with the consent of the employer, the period from filing an application to immediate dismissal can be reduced. Therefore, if you reach agreement, you can resign even on the day you submit your application. Moreover, in some cases, dismissal must occur exactly on the day that the employee indicates in his application (for example, upon retirement).

Based on the employee’s application, the head of the organization issues a dismissal order and familiarizes the employee with this order against signature. If it is impossible to familiarize yourself with the order, a corresponding note is placed on the order.

In the work book, in accordance with the rules for filling it out, an entry is made about the dismissal of the employee due to at will under Article 77, Part 1, Clause 3 of the Labor Code of the Russian Federation with the date of termination of the contract. However, when using the norms of articles 71, 80, 282, 296, 348 of the Labor Code of the Russian Federation, some experts advise indicating links to these articles.

Termination of a fixed-term employment contract at the initiative of the employee: what is important to consider?

After submitting a letter of resignation, the employee has every right to withdraw his letter of resignation at any time during the entire notice period. Then the employee is not dismissed, but only if another employee has not been invited in writing to take his place, who, according to the law, cannot be refused to conclude an employment contract.

Once the notice period has expired, the employee has the right not to go to work. On the last day of his work, the employer must issue the employee a work book and make final payments to him.

But in the case when, after the expiration of the notice period, the contract was not actually terminated, and the employee no longer insists on dismissal, then the employment contract continues.

If the resigning employee has unused vacation, he can write to the employer an application for the provision of the unused part of the vacation with subsequent dismissal. In this case, the day of dismissal of the employee is considered to be the day the vacation ends.

The Labor Code (LC) provides for two types of labor contracts: fixed-term and unlimited. The duration of the former is limited by the terms of the agreement, for the latter the terms are not defined.

Termination of an agreement

The essence of a fixed-term contract has led to the emergence of an exceptional reason for its termination: expiration of the term. The working relationship, based on the terms of a fixed-term contract, can be terminated:

• . from the date specified in the contract;
• . at the end of a specified period of time;
• . after performing certain work;
• . at the end of the season (for seasonal work);
• with the return to work of the replaced employee.

To terminate a relationship with an employee upon expiration, the employee’s desire, the employer’s decision, or mutual consent of the parties to terminate a fixed-term employment contract is required.

The employee to terminate the relationship may simply stop performing labor functions, i.e., do not go to work. The employer's actions upon termination of the contract are strictly regulated by law.

Registration procedure

The admissibility of transforming a fixed-term contract into an open-ended one in case of non-compliance with the dismissal rules dictates special requirements for the implementation of all procedures for terminating an employment contract upon expiration. HR employees or other persons performing their duties are advised to maintain separate records of fixed-term agreements.

Article 79 of the Labor Code obliges the employer to notify the employee in writing three days before the expiration of the employment contract (except in cases of replacing an employee). The dismissal process itself is not very different from usual practice and includes:

• the employee receives notice of termination of the relationship;
• issuance and delivery of a dismissal order to the employee;
• calculation of the employee and issuance of a work book with a record of dismissal.

You can notify the employee in free form. The main thing is that it includes expressed desire terminate the agreement and the date of dismissal. The employer's accounting department can develop a standard form or sample of an employee's notice of dismissal upon expiration of the employment contract.

The form of the dismissal order is unified and does not require a special sample for the expiration of the employment contract. Based on the dismissal order, an entry is made in the work book: the expiration of the employment contract.

Instead of an order, the head (director) of an enterprise can be dismissed upon expiration of the employment contract by protocol or decision of the founders.

All document flow is executed in accordance with the rules adopted by the enterprise. Documents are recorded in registration journals. The employee signs for receipt of documents on the employer's copies and in the document logs. Refusal to sign is recorded on the documents with a corresponding entry.

It is important to comply with the deadlines of the procedures. The notice of expiration of the fixed-term employment contract must be given three days or earlier before the date of dismissal. Salary, compensation for vacation and other payments established by law or contract, as well as a work book, are issued on the day of dismissal.

Continuation of the relationship

If the employer has not expressed a desire to terminate the relationship, and the employee continues to perform his duties, the contract is transformed into an open-ended one. In this case, the contract can be subsequently terminated only on the grounds provided for agreements without a specific period.

A natural question arises: “Is it possible to extend a fixed-term contract?” The legislation does not provide a clear answer. The Labor Code does not provide for the extension of fixed-term relationships. If a conflict arises, the employer will have to prove in court the impossibility of concluding an open-ended agreement. Repeated conclusion of fixed-term contracts is considered as an evasion by the employer of the obligations and guarantees established by law for employees.

However, for some categories of workers, legislators have provided for the need to extend the relationship. These are pregnant women, temporarily transferred athletes, and university employees selected by competition. A pregnant woman can be fired after the expiration of her employment contract at the end of her pregnancy.

Litigation

The most common reason for going to court is to declare the dismissal of an employee illegal. The employer should remember: any discrepancy between a fixed-term contract and the law leads to its recognition as indefinite.

In this case, the employee must be reinstated and the dismissal is considered illegal. For forced absenteeism, the employer pays an average wages and compensation for moral damage.

Mistakes most often made by employers:

• the fixed-term contract was concluded without legal grounds;
• the contract is renewed several times for the same reasons;
• the required documents are missing or incorrectly completed;
• the terms for termination of the agreement were not met.

On the part of workers, the loss in the courts is due to the unlawful demand for guarantees when terminating fixed-term contracts. Often, when concluding a temporary agreement, the hired employees hope for a change in the situation and permanent job. Therefore, termination of a fixed-term employment contract upon expiration of the term is considered as an initiative of the employer.

However, the courts adhere to the firm line that the characteristics of a fixed-term contract from the moment of conclusion imply a limitation of the time of its validity. Therefore, all the guarantees provided by law for dismissal at the initiative of the employer do not apply in the event of termination of the contract at the end of the term.

It is legal to terminate employment contracts upon expiration during a period of incapacity for work or during employee vacations. Having small children is also not a reason to continue working.

Termination of a fixed-term employment contract

1. Both the employer and the employee have the right to declare the termination of an employment contract due to the expiration of its term.

At the same time, the law provides for certain requirements for the employer aimed at protecting the interests of the employee. In particular, an employer who decides to terminate an employment contract with an employee due to the expiration of its term is obliged to notify the employee about this in writing at least three calendar days in advance. An employee does not have the right to demand the continuation of an employment relationship if the employer has decided to terminate it due to the expiration of the employment contract.

However, in cases where the term of the employment contract has expired, but neither party has demanded its termination, and the employee continues to work after the expiration of the established period, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period. Its subsequent termination is possible only on a general basis (see commentary to Article 58).

It should be noted that the norm of Part 1 of Art. 79, which requires the employee to be notified of the termination of the employment contract due to the expiration of the term at least three days in advance, is not always understood unambiguously in practice. Thus, it is controversial whether the dismissal of an employee due to the expiration of the employment contract will be legal if the employer warned the employee about the termination of the employment contract with him less than three calendar days before its expiration (for example, one day) . Exist various positions on this issue, in particular, the opinion was expressed that the employer’s violation of the specified period makes it impossible to terminate the employment contract on the basis of the commented article.

For our part, we believe that when answering this question it is necessary to proceed from the provisions of Part 4 of Art. 58 of the Labor Code, according to which a fixed-term employment contract is considered concluded for an indefinite period if neither party has demanded termination of the fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract. As follows from the content of the above norm, the employer loses the right to terminate a fixed-term employment contract with an employee based on the expiration of its term only if he has not expressed his desire to terminate the employment relationship with the employee before the expiration of the employment contract, and the employee continues to work after the expiration term of the contract.

If such a desire in the form of a written warning was expressed by the employer, although less than three calendar days, but before the expiration of the employment contract, and the dismissal order was issued no later than last day work in accordance with the employment contract, dismissal may be considered lawful. This conclusion is also due to the fact that a fixed-term employment contract is usually concluded in cases where, based on the nature of the work and the conditions for its implementation, it is impossible to conclude an employment contract for an indefinite period (Part 2 of Article 58 of the Labor Code).

The Plenum of the Supreme Court of the Russian Federation in paragraph 60 of the resolution of March 17, 2004 No. 2 specifically drew the attention of the courts to the provisions of Art. 394 of the Labor Code, which provides that if an employee with whom a fixed-term employment contract was concluded was illegally dismissed from work before the expiration of the contract, the court reinstates the employee to his previous job, and if at the time the dispute is considered by the court, the term of the employment contract has already expired, it will recognize the dismissal as illegal , changes the date of dismissal and the wording of the grounds for dismissal to dismissal upon expiration of the employment contract. Thus, even in the case of illegal dismissal, the expiration of the employment contract does not provide grounds for reinstating the employee at work.

2. The day of expiration (termination) of an employment contract concluded during the performance of the duties of an absent employee is the day the absent employee returns to work (see.