the employer needs to decide whether to keep the employee as a permanent staff member or wisely part with him. Dismissal at the end of the employment contract occurs in a certain order, non-compliance with which can turn a contract concluded for a certain period into an open-ended document.

Dismissal under a fixed-term contract: we arrange it on time

The state does not encourage working under fixed-term employment contracts. A number of restrictions have been introduced regarding the temporary relationship between an employee and an employer. In particular, the law allows hiring workers for a certain period only in strictly defined cases listed in Article 59 of the Labor Code.

About emergency dismissal employment contract This is stated not only in Article 79 of the Labor Code, which is entirely devoted to this procedure. Important information for employers is also contained in Article 58 of the code, which states that if at the time of expiration of the contract no party initiated its termination, it is considered concluded for an unlimited period. For the employer, this means that if he does not formalize his dismissal on time under a fixed-term contract (in accordance with the established procedure), then instead of a temporary employee he will receive a permanent member. labor collective. Knowing the content of Article 58 of the Labor Code, the employee will be able to defend his rights in court.

The procedure for dismissal under a fixed-term employment contract

Article 79 of the Labor Code establishes the following procedure for terminating an employment contract concluded for a certain period:

1. Three calendar days before the upcoming dismissal, the organization sends the employee a written warning of dismissal under a fixed-term employment contract. It is drawn up in two copies, since one of them remains with the employer - with the signature of the employee that he received the notification and when exactly. The day of dismissal of conscript workers is:

• or the expiration date of the contract specified in the document itself;
• or the day of completion of a certain job, if the person was registered to perform it;
• or the end date of the season, if we're talking about about a seasonal worker;
• or the date of departure of the absent subordinate who was replaced by a temporary employee (in this case, there is no need to warn him about the dismissal).

1. The upcoming dismissal of an employee under a fixed-term employment contract is recorded in an order specially issued by the employer. It states that the contract is terminated on the basis of paragraph 2 of Art. 77 of the Labor Code, that is, in connection with the expiration of the contract. As a documentary basis, the corresponding clause of the contract with the employee is included in the order, which states its expiration date, and the details of the written warning.
2. The temporary worker puts his signature and date of review on the order.
3. On the day of dismissal, the employer pays the employee in full. They return his work book, where a record is made of when he was fired and on what basis (the basis is the same as in the previously issued order). The same mark is made on the personal card of the dismissed employee.

In addition to the return of the work book, dismissal at the end of a fixed-term employment contract is accompanied by the issuance of other documents stored by the employer. At the request of the employee, the organization is obliged to prepare other documentation related to work in this place - certificates of salary, length of service, etc. (Article 62 of the Labor Code).

Special situations

The procedure for dismissing a fixed-term employee in a standard situation was discussed above. But in some cases the procedure will be slightly different.

Fixed-term employment contract: dismissal at will

Situations are common when an employee wants to change jobs without waiting for the expiration of the employment contract. The law does not limit him in this. But then termination labor relations occurs not under Article 79 of the Labor Code, but under Article 80, which regulates dismissal at the initiative of the employee.

Fixed-term employment contract - working off upon dismissal

For the person resigning own initiative A fixed-term employee is subject to the obligation to give two weeks' notice of his departure. Only an agreement with the employer who agrees to terminate the employment contract without working off can relieve him of compliance with this rule.

Dismissal of a temporary worker at will It also provides the opportunity to change your mind and withdraw the application if another person has not yet been invited to take his place.

Termination of contract with maternity leaver

Dismissal of a temporary employee who is in maternity leave, due to the expiration of the employment contract, the Labor Code does not allow, except in cases of liquidation of the company (Article 261). The same rule applies to a pregnant woman. But to do this, she must confirm the fact of pregnancy with a medical certificate, and provide it in the future upon request to the employer - no more than once every three months. The term of the contract is extended until the end of the pregnancy period, and if the contract ended during maternity leave - until its expiration (upon the written application of the employee). It is possible to fire a pregnant conscript employee if the contract was concluded for the period of absence of another employee, and she refused to move to another job offered by the employer before the end of her pregnancy.

A fixed-term employment contract implies employment for a certain designated period. In accordance with legislative norms, such an agreement is drawn up if it is impossible to conclude a long-term employment relationship. In practice scope fixed-term contract extends far beyond this definition.

Grounds for signing a fixed-term employment contract

The provisions of Article 59 of the Labor Code of the Russian Federation indicate the mandatory grounds for concluding a fixed-term employment contract:

1. Replacement of a temporarily unemployed permanent employee.
2. Carrying out seasonal or other work for a period of no more than two months.
3. Execution of labor operations that are completed by a certain point.
4. Carrying out special types of work and services not included in common species works and services produced by the company.
5. Overseas business trip.
6. Employment affiliated with internship or training.
7. Completion of alternative civil service.
8. Temporary work performed by persons directed by the Employment Center.
9. Work performed by specialists in certain types of professions: paralegals, prosecutors and other civil servants.

A fixed-term contract is different from a regular contract labor agreement in that it indicates a specific date for its completion or the end of the production of the specified labor operation and service. A fixed-term employment contract provides for the completely legitimate dismissal of a worker after certain period

or upon the performance of a business function stipulated in the contract.

Grounds for termination of a fixed-term contract

1. The most common reasons for the dismissal of an employee working under a fixed-term contract are:
2. The return of an employee who works for the company on a permanent basis and performs the duties and functions that were performed for him by an employee hired under a fixed-term contract.
3. Completion of the contract term or end of the employee hiring season (Article 77 of the Labor Code of the Russian Federation).
4. Dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
5. The desire (initiative) of the temporary worker himself (Article 80 of the Labor Code of the Russian Federation).

Employer's initiative (Article 81 of the Labor Code of the Russian Federation).

Consistent steps to terminate a fixed-term employment contract

The procedure for dismissing an employee here is generally similar to the process of registering the dismissal of an employee working under a long-term agreement.

1. This process has the following sequential stages:
2. Notice of dismissal.
3. Issuance of a dismissal order.
4. Entry in the work book.
5. Issuance of a work book and other required documents.

Final settlement.

Notice of termination of contractual relations

The basis for termination of a fixed-term contract is the end of the period for which it was drawn up. The time for completion of the contract may be specified as a specific date or tied to the end of production of any specific work or service. Registration of dismissal is carried out on the basis of the instructions of Article 79 of the Labor Code of the Russian Federation. This article states that before dismissal, the employee is given notice of

upcoming termination

labor relations. It is issued in the form of a warning, drawn up in written arbitrary form. The employee must review the notice no later than three days before the date of the planned dismissal.

It is best to hand the notice personally to the employee against his signature. If he refuses to read the notice and sign, then a statement of refusal is drawn up. On this act it is necessary to put three signatures and make a note that the dismissed employee has read the contents of the document, but refused to sign it. If such a note is recorded, it will be difficult for the dismissed employee to prove that he was not informed of the upcoming dismissal.

The act of the employee’s refusal to familiarize himself with the notice handed to him is certified by three signatures of witnesses to this refusal

If it is not possible to hand-deliver the notice, you can send it by mail. by registered mail with a list of enclosed documents to record their delivery.

However, if a temporary employee is hired for the period of absence of a permanent employee, then the need for advance warning disappears. True, all these nuances upon the return of a permanent employee and the simultaneous departure of the employee who replaced him must be set out in the terms of the contract.

Drawing up a dismissal order

After three days after notification, an order to terminate the fixed-term contract is issued. It, as with dismissal under a long-term contract, is drawn up on a unified T-8 form, when one employee is dismissed, or on a T-8a form, when terminating an employment contract with several employees at once.

The dismissal order is drawn up on a standard T-8 form. Familiarization with the order is recorded with the signature of the dismissed employee

The legislative basis for the termination of a fixed-term contract is not only one special article 77. This contract can also be terminated on a more general basis, based on the provisions of other articles of the Labor Code of the Russian Federation:

• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• employee initiative (Article 80 of the Labor Code of the Russian Federation);
• initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

Based on the specific situation, the order applies the appropriate basis for terminating the employment relationship.

Registration of a work book

An entry in the work book about dismissal is made on the day the order is issued (part 4 of article 84.1 of the Labor Code of the Russian Federation). The registration of the book is carried out in accordance with the Instructions of the Ministry of Labor of the Russian Federation No. 69 dated 10.10.2003.

An entry in the work book about dismissal is made on the day the order to terminate the fixed-term contract is issued

In the work book entry, the reason for dismissal shall indicate the grounds given in the dismissal order. If the emphasis is on dismissal specifically under a fixed-term contract, then the following entry is made in the work book: “Dismissed due to the expiration of the employment contract, clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

At the same time, in the phrase about dismissal, the following expressions can be used: “dismiss,” “contract terminated,” and “contract terminated.”

All three ways of writing are equally correct options.

Issuance of work book and other documents

The book is issued on the day an entry is made about the end of the contract. Simultaneously with receiving it, the dismissed employee must sign two documents:

• in the Account Book work records and inserts (Appendix 3 of the Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003);
• on a unified form in the “T-2” form of a personal card (Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004).

In addition to the book, this main journal characterizing the completion of work experience, a dismissed worker can receive other documents. Among them, we can highlight both mandatory certificates and other documents that the employee has every right to demand additionally.

TO mandatory documents relate:

• certificate of income for three months;
• certificate in form 2-NDFL for the year;
• document on pension contributions.

The employee may also request other documents. These most common additional documents relate:

• information about work experience;
• copies of orders on hiring, dismissal, transfer to other positions, awards, etc.;
• medical and sanitary records;
• extracts from personalized accounting forms: SZV-M, ZZV-STAZH, section 6 of RSV-1 Pension Fund and others.

Performing calculations

Regardless of the reasons for termination of the contract, the employer is obliged, when dismissing an employee, to deal with him full payment in the form of various targeted payments, which primarily include:

• wages for days worked in the last month (Article 140 of the Labor Code of the Russian Federation);
• compensation for unused vacation(Part 1 of Article 127 of the Labor Code).

And also, upon dismissal due to the end of a fixed-term contract, other payments may be given that are not specified in the Labor Code, but are conditioned by the specific terms of the employment contract, for example, severance pay or bonuses for conscientious work.

Salary and vacation pay are subject to income tax individuals(NDFL). In addition, they are paid insurance premiums into three all-Russian funds: pension, social insurance and compulsory medical insurance, as well as territorial funds compulsory health insurance.

Accrued wages and compensation for vacation are included in the amount of the employee’s remuneration (Part 1 of Article 255 of the Labor Code of the Russian Federation).

In addition, according to Decree of the Government of the Russian Federation No. 184 of March 2, 2000, wages are subject to contributions for injuries. It is logical that no accruals for injuries are made for the amount of compensation for vacation.

As for severance pay, in the case of an employee’s dismissal under a fixed-term contract, it can be issued in the amount of his average monthly earnings. Wherein severance pay, accrued in an amount not exceeding that permitted by law (in our case for one month), is not subject to taxation and, accordingly, is not included in the wage fund. In other words, severance pay is not subject to income tax (NDFL) and insurance premiums (subparagraph “e”, paragraph 2, part 1, article 9 of Law No. 212-FZ of July 24, 2009).

Preferential categories for dismissal under a fixed-term employment contract

Termination of an employment relationship under a fixed-term contract has its own nuances, one of which is the possibility of dismissing an employee who is on sick leave or on legal leave.

The fact is that such dismissal does not constitute termination of the contract at the initiative of the employer. By concluding a contract for a certain period, the employee agrees with the terms of his temporary work and his dismissal on the date specified in the contract is only a consequence of this agreement, and not the whims of management.

For example, if an employee was on sick leave at the end of his fixed-term contract, he can still be quite legally dismissed on a general basis. Moreover, in this situation, this employee’s sick leave must be paid for by the enterprise with which he had a fixed-term contract (Article 183 of the Labor Code of the Russian Federation). Moreover, the employer pays sick leave to his temporary employee, even when the illness occurs within a thirty-day period from the date of his dismissal.

Even pregnant women who are not subject to dismissal on a general basis fall under this rule. True, not in all cases pregnant women working on a fixed-term contract can be dismissed, but only if the woman replaces workplace temporarily absent staff member. Once the employee who was replaced by the pregnant woman returns to her previous place of work, she may be fired.

In other circumstances, the dismissal of a woman during pregnancy, even after the expiration of her contract, at the initiative of the employer is not permitted. In this case, at her request, the term of the contract is extended until the end of the pregnancy.

But when such a woman continues to work after her pregnancy, the management of the enterprise has the right to dismiss her under Article 261 of the Labor Code of the Russian Federation within seven days after the end of pregnancy.

And also the prohibition on dismissal at the initiative of the employer under Art. 261 applies to the following groups of beneficiaries:

• women with children up to three years;
• single mothers who are dependent on a disabled minor or a child under 14 years of age;
• a parent or other legal guardian of a child who is the breadwinner of a minor child under three years of age or a disabled minor in a family with three or more young children, provided that the second parent does not work anywhere.

Work based on the pillars of a fixed-term contract is not particularly encouraged by law, but is quite common. The main thing is that the implementation of a fixed-term employment agreement and especially the dismissal process take place in full compliance with the provisions of the Labor Code of the Russian Federation.

A fixed-term employment contract implies temporary employment for a certain period of time.

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Many employees expect that the employer will keep them on staff after the agreement expires. Others are not aware of their rights, which are often violated by unscrupulous managers.

Order

an employee signed up under a fixed-term employment contract is possible in two cases:

• upon expiration of the contract;
• upon completion of work that is a condition for obtaining a position;
• at the end of the season for which the employee is registered.

In the first case, the contract is concluded for a certain period of time. This could be an employee’s maternity leave, long-term sick leave, vacation, etc. Personnel for seasonal work are also registered under these conditions.

The contract must stipulate this point and indicate the period during which the employee undertakes obligations to perform certain work. At the end of the term, the employer has the right to dismiss the employee.

In the second case, the basis for dismissal is the completion of the work that needed to be completed when applying for the position.

The employer must notify the employee in writing at least three days before dismissal. By signing the paper, he gives his consent to be removed from office under the terms of the contract. On the day of dismissal, the employee receives a paycheck and a work book.

It is necessary to dismiss an employee on the day the contract expires. If this does not happen, then the contract automatically becomes indefinite, and the employee will have to be removed on a general basis.

How to make an entry in the employment record when leaving under a fixed-term contract

When applying for a job under a fixed-term employment contract, a standard entry is made in the work book indicating the name of the organization and the date of acceptance for the position.

It is not necessary to indicate that the employee fulfills obligations only for a certain time period.

But when an employee is dismissed, a record must be made of the reason for the removal from the position. For example: “Dismissal due to expiration of the employment contract.”

Notification

A notice of dismissal under a fixed-term contract must contain the following information:

• Full name of the employee, position;
• postal address if notification is sent by mail;
• Name of the organization;
• date of conclusion of the contract;
• date of planned termination of the contract.

The document must contain the signature of the head and the seal of the organization. The notification is sent to the employee in any convenient way. The employer needs to make sure that the document reaches the addressee, otherwise the dismissal may not take place.

Arbitrage practice shows that many employees, claiming lack of notice, demand reinstatement. To avoid litigation and easily carry out the dismissal, it is recommended to hand over the notice personally, asking for a signature on the second copy.

Calculation

An employee signed under a fixed-term employment contract for a period of up to two months has the right to receive compensation for unused vacation. He can exercise this right provided that he has worked for more than 15 days.

The calculation is made as follows:

• the number of months worked is multiplied by a factor of 2;
• the resulting figure is multiplied by the average daily earnings.

The amount received is to be paid as compensation for unused vacations. There is one caveat: if less than 15 days were worked in one month, then this period is not taken into account.

If more than 15 days, then the period is calculated as a full month. The resulting amount is rounded up.

When dismissal under a contract concluded for a period of 2 to 11 months, the amount of compensation is calculated in a similar way.

If the employee was registered more than 11 months ago, then a coefficient of 2.33 is taken. After multiplying the number of months by the coefficient, days of vacation and parental leave used are subtracted.

Payment is made on the day of dismissal. The employer has no right to delay payments.

Is work needed?

The requirements for working hours when applying for a fixed-term employment contract are not specified. However, this point may be specified in the terms of the contract.

In particular, the employer has the right to establish a three-day work period, which falls during the period before the end of the contract.

You are not allowed to work beyond the allotted time! If the employee is not fired on the day the contract expires, then it automatically becomes indefinite.

Another important point– dismissal under a fixed-term employment contract on a day off. If the employee’s last working day falls on his day off, then the termination of the contract is transferred to the next working day. By agreement of the parties, dismissal may take place on the last working day.

In some cases, employers establish favorable employment conditions for them. For example, two weeks before dismissal, the employee undertakes to work a reduced work schedule.

By signing the agreement, the employee agrees to these terms. In this case, the amount of wages must be specified.

Is it possible to fire at will?

According to the Labor Code, dismissal of an employee at his own request is possible both with an open-ended and a fixed-term contract. This rule is not affected by work conditions and deadlines.

The employee, two weeks before the planned dismissal, must notify the employer of his desire.

In this case, the fact that there is no pressure from the manager is taken into account. If the contract is concluded for a period of up to two months, then the employer is required to notify the employer three days in advance. It is also possible to dismiss before the expiration of this time by agreement of the parties.

During sick leave

A fixed-term employment contract has one feature - it is drawn up only for a certain time period, after which the employer has the right to dismiss the employee. In this case, the employee’s health status does not matter.

If the sick leave was issued several days before the end of the contract, then dismissal is issued on the specified day.

Regarding payment sick leave, then it is possible only during the period of incapacity for work of an employee on the organization’s staff.

An exception is an industrial injury sustained while performing job duties.

In this case, the employer undertakes to pay compensation, and in especially serious cases, refuse to dismiss the employee. However, in practice this is only possible after a trial.

During pregnancy

The Labor Code clearly defines the rights of pregnant women. The law reliably protects expectant mothers by prohibiting their dismissal for any reason. But what to do in the case of a fixed-term contract?

There are several nuances here:

• It is impossible to fire a pregnant woman even after the expiration of the employment contract. If the employer is not interested in an employment relationship with the employee, then she needs to write an application to extend the contract until the end of the pregnancy;

A medical certificate confirming the existence of an “interesting” position and term must be attached. The woman will be fired, but only after the end of the postpartum period. During this time, she can continue to work, or, by agreement of the parties, go on unpaid leave.

• after the extension of the contract, the employee is required to submit a certificate from a medical institution every three months indicating that she is pregnant;
• at the request of the employee, the manager undertakes to create optimal working conditions (transfer to light work, reduction of working hours). He has no right to refuse a woman this.

A fixed-term contract loses its validity after the end of the postpartum period, that is, 70 days after the birth of the child.

The employer is not obliged to pay child benefits and other compensation. As for sick leave for pregnancy and childbirth, the woman will be paid for the period of incapacity for work by the employer or the Social Insurance Fund.

If the pregnancy is terminated, the employer has the right to issue a dismissal immediately after receiving information about this fact.

But the rights of a pregnant employee still have restrictions. So, if it was issued during the absence of another employee, the employer is not obliged to provide the expectant mother with employment.

If there are vacancies in the company, even in a position that is lower than the current one or with a lower salary, then the manager must offer the woman a transfer. She has the right to remain in the organization by taking a vacant position. If she refuses, she will have to resign.

During maternity leave

Another, no less important point is the registration of an already pregnant woman who plans to go on maternity leave before the end of the contract.

You can dismiss such an employee within a specified period, without waiting for the end of the maternity leave. The main thing is to stay within the prescribed period (pregnancy and 70 days after birth).

The woman will receive child care benefits despite her dismissal. To do this, she will need to contact the FSS.

Pay child benefit will be made in full, based on average earnings for the period worked. To register, you will need to provide documents for the child and a certificate of income.

Pensioners

The dismissal of pensioners under a fixed-term contract is carried out in a similar way. When employing employees of retirement age, the employer reserves the right to formalize dismissal immediately after the expiration of the contract.

Nuances

When leaving under a fixed-term employment contract, you may encounter the following nuances:

• It is impossible to dismiss an employee working under a fixed-term contract at the initiative of the employer. The grounds for dismissal from office may include: gross violations job responsibilities. In many cases, even this factor can be challenged in court, forcing the employer to reinstate the employee;
• registration under a fixed-term contract does not provide privileges when making contributions to the tax and pension fund. Wage paid at the established rate minus tax deduction. At the same time, the employee has all the rights required by law labor guarantees. He can go on sick leave or take another vacation;
• When applying for a fixed-term contract, the employer has more rights. Judicial practice shows that the vast majority of claims are won by managers, not employees;
• limited employment time does not give employees the right to skip a shift or shirk their obligations. The employer may impose a fine, regardless of the type of contract.

For any controversial issues You should consult a lawyer or carefully read the articles of the Labor Code.

Features of the termination of fixed-term employment contracts are provided for in Article 79 of the Labor Code of the Russian Federation. According to it, the end of the validity period of the document is recognized as an independent basis for the cancellation of the contract with the employee.

Article 79 of the Labor Code of the Russian Federation. Termination of a fixed-term employment contract

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

The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work. An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Dismissal does not occur by decision of the employer, but according to pre-agreed conditions that are reflected in the law.

Such conditions include:

• exit of a permanent employee who was replaced by a temporary one;
• the end of seasonal or short-term work for which a person was hired (Article 77 of the Labor Code of the Russian Federation);
• resignation of an employee by agreement of both parties (Article 78 of the Labor Code);
• dismissal initiated by an employee (Article 80 of the Labor Code) or by the employer (Article 81 of the Labor Code).

Russian legislation provides for a lot regulatory documents, Where reflects the features of dismissal of contract workers. First of all this Labor Code RF, regulating general labor relations. To regulate employment individual categories citizens exist federal laws for employees of the Ministry of Internal Affairs, civil servants and military personnel.

With whom it is impossible to terminate the contract after the expiration of the term?

A special approach is required when dismissing a pregnant woman, who is employed under a temporary contract. If the contract has expired and the woman has announced her pregnancy, the manager is obliged to extend the contract until the employee gives birth. After the birth of a child, the employer has the right to issue an order for her dismissal.

Important! Exceptions are possible only when the company is liquidated or the individual entrepreneur is closed - then all employees are fired.

In cases where a pregnant employee under a temporary contract replaces an absent employee, after the permanent employee leaves, the employer offers her any available vacancy at the enterprise. The location must be suitable to the woman’s health condition and meet her skills and qualifications.

When an employee is transferred, a new contract is not concluded: an additional agreement is drawn up to the old contract, in which new working conditions are discussed. This responsibility of the manager is reflected in Part 3 of Art. 261 Labor Code of the Russian Federation.

Reasons for terminating an agreement between a boss and a subordinate

In addition to the end of the contract, there are also grounds on which an employee can be removed before the expiration of this period. The procedure can be initiated by the manager. Article 81 of the Labor Code of the Russian Federation stipulates the full range of grounds for dismissal:

Step-by-step algorithm of actions

Let's consider the stages of the dismissal procedure under a fixed-term employment contract. She has a certain order.

The process of dismissal due to the expiration of a temporary contract is prescribed in Part 2 of Article 77 of the Labor Code of the Russian Federation. In cases where neither party has expressed a demand to end the employment relationship, the contract is considered to be continued indefinitely.

Attention! It is important for the employer to consider timely notification of the employee about the expiration of the contract. If before the termination of the term the manager did not warn about dismissal and does not plan to leave the employee in the same place, this cannot be done later on the same grounds. The employee becomes permanent.

Employee notification

Despite the fact that the employee is notified in advance about the duration of the contract, the employer must notify him of his dismissal. A notice is issued for this purpose. In accordance with Article 79 of the Labor Code of the Russian Federation, an organization that does not intend to continue a temporary relationship with an employee notifies him 3 working days in advance (it is better to play it safe and start the procedure a little earlier).

Notification occurs in several stages:

1. Drawing up a notice. Notification is a written act signed by the director or his authorized person. It indicates the reason for dismissal - in our case, “expiration of the contract” and the date of the employee’s departure. There is no generally accepted form for drawing up a document; each manager draws up a notification at his own discretion. Drawed up in 2 copies for both parties.
2. Registration of the act. The notification is registered in the notifications and orders register, after which the number and date of registration are placed on it.
3. Employee introduction. It is better if the notice is delivered personally to the person being dismissed. He must sign the employer’s copy indicating that he has read the contents of the act and agrees to avoid subsequent disputes about illegal dismissal.

Subsequently, this copy will be numbered and filed with the employee’s case log. If the employee refuses to sign, an act of refusal to familiarize is drawn up. The act is signed by 3 witnesses.

If personal delivery is not possible, notification will be sent by certified mail. with a description of the attachment to the employee’s home address. This precaution will avoid possible disputes if the employee decides to appeal the dismissal, citing inadequate notice.

Example notification: “Dear Maria Alexandrovna! We notify you that the executed employment contract No. 02/07 dated 04/02/2013 will be terminated on 08/05/2016 due to the end of its validity period.”

Filling out an application

When dismissal due to expiration of the employment contract, an application from the employee is not required.

Note! If an employee independently expresses a desire to resign before termination of the contract, he must submit an application to the director 2 weeks before the date of resignation. The director signs the application if he agrees with the employee’s decision.

Application example:“Dear Viktor Sergeevich! I ask you to consider the proposal to terminate the temporary employment contract No. 127 dated 06/01/2010 in accordance with paragraph 1 of Article 77 of the Labor Code of the Russian Federation (by agreement of the parties) on 10/15/2013.

Issue of an order

Employee calculation

Ending labor activity accompanied by payment to the employee of all amounts due, as evidenced by Part 1 of Article 140 of the Labor Code of the Russian Federation. The employee receives payment on the day preceding the day of departure.

Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal

1. Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
2. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Accounting includes:

• salary earned in the last month;
• reimbursement for unused vacations.

Full payment to the employee occurs on the final day of work. If he was on a day off, the calculation takes place on the next day of his appearance in the organization.

Important! If the contract expires due to the reorganization of the company or layoffs, management additionally pays monetary compensation.

Video with explanations to Art. 140 of the Labor Code of the Russian Federation on the terms of monetary settlement upon dismissal of an employee:

Registration of a work book

The entry in the work book is made on the basis of an order. The date from which the activity ceases is indicated, and in the column “job information” record is made: “Dismissed due to termination of the employment contract, paragraph 2 of Article 77 of the Labor Code of the Russian Federation”.

Below in the photo you can see an example of an entry in a work book:

The entry below is confirmed by the seal of the organization and the signature of the director. The employee signs the work book, confirming agreement with the dismissal. He also leaves a signature in the work record book.

Important! If it is not possible to hand over the work book in person, the manager sends an invitation to the employee’s address to pick up the work book. The employee can come for the document himself or receive it by mail with a notification.

What documents are issued after the procedure?

On the final day, the employee must receive:

• work book;
• full cash settlement;
• certificates of average salary for 2 calendar years, if required.

A copy of the work book is taken by the manager and goes to the archives.

Video about the specifics of dismissal due to the end of a fixed-term contract and the need to notify the employee:

Fixed-term contracts are being used more and more often in organizations. Since the process of their preparation and cancellation is quite complex and has many nuances, legislation tried to take into account the interests of both the leader, and the employee. In the article, we tried to outline step by step all the intricacies of the dismissal process, and we hope that you will not encounter difficulties when terminating fixed-term contracts.

When deciding to hire an employee to a company temporarily, you need to take into account that the procedure for dismissal under a fixed-term employment contract will differ from general rules. In order to minimize the risks of workers turning to the labor inspectorate and the court, it is necessary to adhere to correct algorithm layoffs of temporary workers.

The first stage is checking the legality of concluding a fixed-term employment contract

A company can hire employees either for a permanent period or for a strictly limited period. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of a particular hire and the specifics of the organization’s work, a fixed-term employment contract is signed either taking into account the assigned work (Part 1 of Article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the manager and employee (Part 2 of Article 59 of the Labor Code of the Russian Federation).

At the first stage, you need to make sure that the contract is legitimately urgent. The term of the contract must be fixed in it, otherwise de jure it will be considered unlimited (Part 3 of Article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for open-ended contracts (Chapter 13 of the Labor Code of the Russian Federation).

The second stage - choosing the basis for dismissal

For the dismissal of a temporary employee (if the term of his employment contract expires), a special reason is provided - clause 2, part 1, art. 77 Labor Code of the Russian Federation. It also provides for a special dismissal procedure at the end of a fixed-term employment contract. We'll look at it next.

However, this does not negate the possibility of dismissing a temporary employee at his own request or, for example, by agreement of the parties.

Special attention should be given to the dismissal of a temporary employee who is on maternity leave. If the term of a temporary contract expires during maternity leave, then the contract must be extended until the end of the vacation period (Article 261 of the Labor Code of the Russian Federation). There is one exception: if a pregnant woman was hired on maternity leave (the rate of a temporarily absent employee), then she can be fired if the replacement employee returns to work (Part 3 of Article 261 of the Labor Code of the Russian Federation), provided that the pregnant temporary employee does not agree to transfer for the proposed vacancies. The organization is obliged to offer all vacancies that correspond to the employee’s qualifications and state of health (higher paid or lower paid work).

The third stage - preparing a notice of dismissal under a fixed-term employment contract

The next step is to prepare a notice of termination of a fixed-term employment contract. This must be done on time, otherwise the company bears the risk of recognizing the contract as concluded for an indefinite period. This will happen if none of the parties to the temporary contract requests termination of the contract when the end of the employment relationship arrives. It is enough for the employee to continue his regular work- the agreement will be considered permanent (part 4 of article 58 of the Labor Code of the Russian Federation).

Determining the notice period for termination of a fixed-term employment contract is simple: in the vast majority of cases, the employee must be notified 3 days in advance (in writing), except in cases where the contract was concluded for the period of performance of the functions of the absent employee (Part 1 of Article 79 of the Labor Code of the Russian Federation) . Such a contract terminates with the release permanent employee to work (Part 3 of Article 79 of the Labor Code of the Russian Federation).

A temporary contract concluded for the performance of pre-fixed work is terminated if such work is completed (Part 2 of Article 79 of the Labor Code of the Russian Federation), a similar rule applies to seasonal work (Part 4 of Article 79 of the Labor Code of the Russian Federation).

The signatory to the notification is either the head of the organization or an employee authorized by him (usually a human resources employee). The notice is drawn up and signed in two copies: one for the employer, the other for the employee. To minimize the risks of further legal disputes, we recommend obtaining the employee’s signature on the employer’s copy of the second copy.

The fourth stage - issuing an order, making calculations and making an entry in the work book

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

In addition, the personnel officer must provide the employee with a completed work book. The employee confirms this fact with his signature on his personal card and the book recording the movement of work books and inserts in them (