A fixed-term contract is concluded for a certain period of time or until the occurrence of an event, for example, the departure of an absent employee. Whether it is necessary to write a letter of resignation with a fixed-term employment contract depends on the reasons for which it is terminated, and from which side the initiative comes.

Reasons for dismissal

Among the main reasons for terminating a fixed-term employment agreement, it is worth highlighting:

  • fulfillment of the conditions prescribed in the employment contract under which it is terminated. For example, the exit of a permanent employee, in whose place a new person was temporarily hired;
  • performing the job for which the person was hired;
  • mutual agreement between the parties;
  • the initiative of one of the parties.

It also provides for dismissal at the end of the specified period. In this situation, if the parties do not insist on terminating the employment relationship, then the fixed-term contract is transferred to the status of an open-ended one, which eliminates the need for dismissal.

At the initiative of the worker

The initiator of the termination of the employment relationship may be the employee himself. Among the most popular reasons are:

  • impossibility of further performance of duties due to illness or disability;
  • serious illness, including a third party;
  • violation by the head of the obligations prescribed both in the employment contract and in the Labor Code of the Russian Federation;
  • change of place of residence;
  • victory in the competition for an elective position.

The employee must notify the manager of his desire in advance by sending a written notice. By agreement of the parties, the procedure may be carried out earlier than the stipulated time.

If for some reason the manager refuses to terminate the previously concluded contract with the employee, then the employee can go to court or CCC.

It is important to know! Labor law prohibits the dismissal of a person on sick leave. The exception is situations with the initiative from this person.

At the initiative of the employer

The employer may terminate the contract, for the reasons provided for in Article 81 of the Labor Code of the Russian Federation, including due to:

  • liquidation of the organization;
  • staff reductions;
  • discrepancy between the qualifications and skills of the employee of the position he temporarily occupies;
  • non-performance or improper performance of the duties assigned to the employee;
  • change of the owner of the enterprise;
  • violations of labor discipline;
  • actions on the part of the employee, as a result of which the enterprise was damaged;
  • immoral behavior of the employee;
  • providing false information when signing a contract;
  • other reasons stipulated by the concluded agreement.

It is important to know! Dismissal of pregnant women can be made only after leaving maternity leave. The contract may be terminated if a pregnant woman was hired to temporarily replace a key worker who returned early.

Sample Application

If the termination is carried out due to the expiration of the term, then an application is not required. In its role is a notification and an order issued by the employer. However, it is necessary if the employment relationship is terminated earlier than the period specified in the contract at the initiative of the employee himself. The document must be provided to the head for familiarization:

  • 3 days before the date of departure, if the contract was concluded for a period of less than 2 months;
  • 2 weeks in other cases.

There is no mandatory form for an application for termination of an employment contract at the legislative level, which allows the employee to draw up a document in any form. If the organization has developed its own application form, then its sample must be provided to the employee upon request. The document may be in printed or handwritten form. It must contain information:

  • the full name and address of the organization;
  • the full name of the head in whose name the application is being submitted;
  • about the position, full name, address, telephone number of the employee;
  • requesting termination of the contract.

At the end must be the date of the document and the signature of the employee. Next, the document must be transferred to the personnel department.

Early termination is made by agreement of the parties or the initiative of the employee. In such a situation, the employee’s request can be presented in the following form: “I ask you to terminate the Employment Contract dated _______. (date of conclusion) No. ____ (number of the concluded contract) by agreement of the parties _____. (date of the desired dismissal) on the basis of _____ (article of the Labor Code of the Russian Federation. When executed by agreement - clause 1 of part 1 of article 77 and article 78, at the initiative of the employee - clause 3 of part 1 of article 77 and article 80 of the Labor Code RF).

It is important to know! The employee may at any time before the date of the proposed dismissal withdraw the application and continue working until the expiration of the contract. The exception is situations when a new employee has already been found in his place, who was transferred from another organization or has preferential benefits.

Calculation and entry in the labor

On the last day of work, payment is made. With a fixed-term employment contract, the employer is obliged to pay funds for the period worked and compensation for vacation that was not used. Allowances or other types of compensation are provided only if they were provided for by a collective agreement or other agreement.

An entry in the work book is made on the basis of a dismissal order. It is required to indicate the exact reason for termination of the employment relationship with reference to the relevant article. Labor issued by hand under the signature in the register.

A fixed-term contract is subject to termination after the expiration of the term or the fulfillment of the specified condition. However, the employment relationship may be terminated at the initiative of the employee. To do this, you must submit an application for dismissal, drawn up in accordance with generally accepted standards. This document may be presented as evidence in the event of a trial.

Dismissal under a fixed-term employment contract is different from the termination of employment with other full-time employees. If the period specified in the documents has expired, then dismissal under a fixed-term employment contract should occur according to general rules. Consider the procedure for dismissal upon termination of a fixed-term employment contract in more detail.

What is a fixed term 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 the parties involved, as well as the duration of the employment relationship.

At the same time, 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 employ a new employee whose duties 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 the performance of labor functions, the deadline for which is determined by a specific date.
  5. When sending an employee abroad.
  6. If the nature of the work is related to study, internships.
  7. In case of temporary employment of persons undergoing alternative civilian service, or citizens sent to temporary work by employment centers.
  8. In other situations permitted by law.

In addition, fixed-term employment contracts can be concluded with lawyers' assistants and prosecutors, as well as with persons in the civil service.

Employers are also entitled to conclude employment contracts with a limited duration by agreement of the parties concerned (Article 59 of the Labor Code of the Russian Federation). These include SE subjects, the number of employees in which 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 only allowed temporary employment;
  • persons working in the conditions of the Far North;
  • employees whose activities are related to the prevention of natural disasters and other emergencies;
  • workers of culture and art;
  • representatives of the administrative apparatus - managers, chief accountants;
  • ship crew members;
  • employees performing their duties part-time;
  • full-time students.

The illegal establishment of the terms of the employment contract, confirmed by the judiciary, 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 restrict the rights of workers can be recognized as illegal. So, if the dismissal is due to the liquidation of an enterprise or a reduction in staff, a severance pay in the amount of two average monthly salaries is not due to employees who have concluded fixed-term employment contracts lasting up to two months.

For other information on severance pay and its taxation, see the material "On the release of personal income tax on 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, the agreement of both parties is necessary.

If urgent contracts are periodically concluded with the same employee, the employer must be ready to provide reasoned explanations for the need to determine the timing. Otherwise, the judicial authorities, when considering conflict situations, such contracts may be recognized as open-ended.

If, upon expiration of the term of the concluded employment contract, neither of the parties expressed a desire to terminate the employment relationship, the contract is recognized as open-ended. At the same time, additional entries in the workbook are not required. However, it will be necessary to fix the changes 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 on the duties of personnel officers, see the material "The procedure for maintaining personnel records at the enterprise".

Given the fact that the expiration of employment contracts does not imply their completion, employers are advised to keep records of these documents on their own. Otherwise, employees at the end of the completion period will have to be fired on a general basis.

For more information on how to terminate in certain situations, see the resource The Procedure for Termination Due to the Liquidation of an Organization .

Dismissal under a fixed-term employment contract

The process of terminating an employment relationship 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 paragraph 2 of Art. 77 of the Labor Code of the Russian Federation, which is applied in cases where the parties have decided to terminate further labor relations.

The dismissal must be preceded by a written warning from the management, issued to the employee at least 3 days in advance. The fact that the dismissed person is familiar with the notification 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 who was absent for any reason were temporarily performed (Article 79 of the Labor Code of the Russian Federation).

The absence of a notice of dismissal does not allow the employee to be dismissed due to the expiration of the employment contract. Termination of labor relations in such cases is possible 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 notification, an appropriate act is issued.

Termination of labor relations under a fixed-term employment contract is allowed in the following cases:

  1. If the contract is drawn up for the purpose of performing certain types of work, termination occurs upon their completion. At the same time, an act of acceptance and transfer or performance of work is drawn up. The end of the term of the contract is recognized the next day after the drawing up of the act.
  2. If the contract implied the fulfillment of the duties of a temporarily absent employee, then its effect is terminated with the employee leaving for the workplace.
  3. A fixed-term contract may also be concluded for the period of seasonal work. It stops 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, calculation and related documents in his hands.

For more information about the documents issued upon dismissal, see the material "Salary certificate - sample and form in 2018-2019".

If the employee has decided to leave the workplace after the expiration of the contract, the employer does not have the right to withhold him.

Upon dismissal, the employee is guaranteed all the required cash payments: calculation 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 vacation compensation 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 employment relations do not affect the amount of compensation paid. Under the terms of the contract, other payments may also be provided, such as severance pay, the amounts of which are reflected in local documents.

Under certain circumstances, the termination of fixed-term contracts occurs earlier than the established period, including on the basis of the provisions of Art. 77 of the Labor Code of the Russian Federation, by mutual agreement of the 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 initiative of the employee, must be accompanied by a written notification from the management 3 calendar days before the expected date of termination of the employment relationship.

Results

The 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, in the event of conflict situations between the parties, the termination of the contract will have to be carried out on a general basis, involving a longer working time or, possibly, a higher level of payments upon dismissal.

The expansion of the field of use of fixed-term employment contracts (STD) is due to the existing features of the Russian economic system. The procedure for registration, modification and termination of the STD is quite clearly regulated by a number of articles of the Labor Code. However, many experts note the low effectiveness of their use, because, due to their fragmentation, they often completely fall out of the attention zone of those to whom they are addressed.

The legal nature of the current Labor Code is such that, by default, the employment of workers assumes an indefinite basis. The list of available exceptions is exhaustive: the law provides a specific list of situations in which the features and conditions of work require or allow employers to draw up STD - contracts with an exact indication of the moment of their completion. By virtue of the clarification given in paragraph 14 of the Decree of the Plenum of the RF Armed Forces No. 2 dated March 17, 2004, when deciding on the validity of registration with STD employees, it must be taken into account that such contracts are signed when labor relations cannot be established for an indefinite period due to features of the forthcoming labor activity (part 1 of article 59 of the Labor Code of the Russian Federation). Such contracts reflect either the date of their end or the event, after which the services of a specialist will no longer be required.

According to part 2 of article 58 of the TKRF, in situations provided for in part 2 of article 59 of the TKRF, STDs are drawn up without taking into account the specifics of the work ahead. However, such contracts can be recognized as legitimate and justified if there is a mutual consent of the parties (part 2 of article 59 of the Labor Code of the Russian Federation).

In accordance with the law, each case of dismissal implies the presence of a reason reflected in the personnel documents of the organization. At the same time, STD is characterized by only the only private reason for dismissal, which is not inherent in open-ended contracts - the expiration of the contract period. Other grounds for dismissal are common to contracts that are both fixed-term and indefinite in nature.

What does the Labor Code say about dismissal under a fixed-term employment contract

The period of validity of STD cannot exceed 5 years (part 1 of article 58 of the Labor Code of the Russian Federation). At the end of this period, the contract with the employee must be terminated due to the expiration of the maximum period of such an agreement (Article 79 of the Labor Code of the Russian Federation). Possible reasons for terminating STD are:

  • expiration (part 1 of article 79 of the Labor Code of the Russian Federation);
  • completion of the work for which the STD was concluded (part 2 of article 79 of the Labor Code of the Russian Federation);
  • the return to work of an absent specialist, whose rate was occupied by a dismissed employee (part 3 of article 79 of the Labor Code of the Russian Federation);
  • the end of the season, if the STD was concluded for the performance of seasonal work (part 4 of article 79 of the Labor Code of the Russian Federation).

There are frequent cases of dismissal of employees working on the basis of STD, and by agreement of the parties (Article 78 of the Labor Code of the Russian Federation), the initiative of a temporary specialist (Article 80 of the Labor Code of the Russian Federation); the initiative of the administration (Article 81 of the Labor Code of the Russian Federation).

Features and procedure for dismissal for urgent work. treaty

If the contract expires, that is, an event occurs with which the law (Article 79 of the Labor Code of the Russian Federation) connects the possibility of terminating the employment contract, the employer must take a number of actions:

  1. Warn the dismissed employee in writing at least 3 days before the moment of dismissal. The warning is carried out using a notice, the text of which must contain information about the details of the employment contract, the reasons and date of its termination, as well as information about the person being dismissed. The absence of such notification entails significant legal consequences: in this case, it is considered that the employer does not demand termination of the contract. At the same time, after the expiration of the contract and the unwillingness of the employee to terminate it, the contract is recognized as open-ended (Article 58 TKRF), which means the continuation of labor relations. In addition, if the employer did not promptly declare his desire to terminate the STD, then subsequently he loses the right to terminate the contract on such a basis as the end of its term.
  2. Familiarize the employee with the notice of dismissal. This document must be drawn up in two copies, one of which is given to the employee. The second copy, with the signature of the employee, which indicates familiarization, is sent for storage to the personnel file.
  3. Issue an order to terminate the STD with the employee due to the expiration date. The text of the mentioned order should contain information about the number of the labor contract, the date of its termination, the legal grounds for termination (clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation), as well as the documents (in particular, notifications) that served as the basis for dismissal.
  4. Familiarize the dismissed employee with the order to terminate the STD against signature.
  5. Make an entry about the dismissal in the employee's work book. At the same time, the entry must contain information about the legal basis for terminating the contract (with reference to the article of the TKRF), the date and number of the dismissal order.
  6. Issue a work book and calculation to the dismissed employee.

Sample letter of resignation for a fixed-term employment contract

Dismissal in connection with the termination of STD does not require the execution of a letter of resignation by employees. A sufficient reason for terminating the contract is the actual fact of the expiration of the STD.

Applications for resignation of their own free will will be required only in the only case - if the employee intends to terminate the employment contract ahead of schedule. In a situation of early termination of the STD at the initiative of the employee, the norm of Article 80 of the Labor Code of the Russian Federation should be applied, which provides for the employee's obligation to give the employer a written warning of dismissal no later than 2 weeks in advance.

Termination pay due to an employee

According to Article 140 of the Labor Code of the Russian Federation, upon termination of employment contracts, including STD, employers are required to ensure the issuance of all amounts due to dismissed employees no later than the day of dismissal. If on this day the employees with whom the employment contracts were terminated were absent from work, all required payments must be made no later than the day following the day the dismissed specialists submit claims for final settlements.

If there is a dispute about the amount of the amounts paid, then by virtue of Article 140 of the TCRF, employers are obliged to pay an undisputed amount of money (including part of the salary and compensation payments for unused vacation) within the specified time frame.

In particular, upon termination of the STD for up to 2 months, the dismissed specialist is entitled to a compensation payment for vacation, based on the calculation of 2 days for each of the months of work. If the termination is subject to a STD lasting more than two months, compensation is subject to 2.33 days for each full month of work.

Entry in the workbook

On the basis of orders to terminate the STD, employers are required to make entries in documents such as work books of dismissed specialists. At the same time, the information entered into them must contain a basis similar to the order on which the dismissal is made: the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation).

The entries made in the work books must be certified by the signatures of cadre workers and the seals of organizations (clause 41 of the Decree of the Government of Russia No. 225 of 04/16/2003). The issuance by employers of copies of work books must be carried out on the day the STD is terminated (Article 84.1 of the Labor Code of the Russian Federation, clause 35 of Decree of the Government of the Russian Federation No. 225 of 04/16/2003).

The process of transferring these documents to employees is recorded in personal cards and registers of the movement of work books.

Terms of dismissal

STDs are terminated with the expiration of their validity, in particular:

  • concluded for a certain time - upon the occurrence of the date specified in the contract;
  • issued for the period of certain works - according to their actual implementation;
  • signed for the time of performance of the functions of absent employees - at the time of their return to work;
  • prisoners for the purpose of performing seasonal work - at the end of the season.

However, according to the provisions of Article.Article. 57 - 59 TKRF, the date the employee began to fulfill his duties, as well as the validity period of the STD and the reasons for issuing a fixed-term contract are its mandatory conditions.

Dismissal appeal

As a rule, employees dismissed due to the expiration of the STD apply for judicial protection only after dismissal. This is due to loyalty to the organization, and the desire to eliminate conflicts, and the expectation that the employer will fulfill the promise to conclude an open-ended contract over time. However, in the event of corporate problems, employers often refuse to continue labor relations precisely with employees with whom the STD was concluded.

It should be borne in mind that the illegality of dismissal implies either the absence of legal grounds for dismissal, or the presence of violations in the procedure for dismissal. By virtue of clause 23 of the Decree of the Plenum of the Supreme Court No. 2 of March 17, 2004, each of these circumstances confirming the legality of the dismissal of an employee is required to be proved by employers in court.

Often, fixed-term contracts are issued for a trial period. This is logical, since it is much easier to dismiss an employee who has not coped with his official duties if a STD has been concluded with him.

Employees dismissed due to the termination of the STD due to its expiration often file lawsuits to recognize the contracts they have concluded as open-ended. The most important legal consequence of satisfying such a claim is the reinstatement of a dismissed specialist at work. If there were no significant grounds for issuing a STD, an exhaustive list of which is given in Article 59 of the Labor Code of the Russian Federation, the court will side with the employee. Satisfying the requirements of the employee, the court obliges the employer to ensure:

  • cancellation of the issued dismissal order;
  • cancellation of an entry in the work book;
  • registration of an indefinite employment contract;
  • payment of average earnings during forced absenteeism.

When considering such claims, the courts pay special attention to control over the calculation of statute of limitations. The procedure for their determination depends on the wording of the claims.

So, a common option is for an employee to challenge the grounds on which the organization concluded a STD with him, as well as the requirement to recognize the signed contract as open-ended. In such a situation, the statute of limitations is 3 months from the date of execution of the contract. This legal approach is explained by the fact that in this case the employee learns about the violation of his rights on the day the labor contract is concluded. When familiarizing himself with its terms, the specialist had the opportunity to either refuse to sign or demand amendments to the contract. The Supreme Court of the Russian Federation also came to a similar conclusion, pointing out in Ruling No. 20-B10-4 dated 08.10.2010 that it is necessary to calculate the time limits for applying to the court with a claim for recognition of employment contracts as unlimited from the date of their signing. This option is very favorable for employers, since it is quite difficult not to miss the short 3-month period determined from the moment the contract is signed. In this situation, the employer should not forget to declare at the court session that the deadline has been missed.

Another option is the case when employees in court require the recognition of illegal dismissal in connection with the termination of the STD. The statute of limitations, which is 1 month, in this situation is calculated from the date of issue to the employee upon dismissal of the work book or a copy of the dismissal order. This conclusion was reached, in particular, by the Moscow City Court (in appellate ruling No. 11-28852/2013 of 10/22/2013) and the Irkutsk Regional Court (in appellate ruling No. 33-8657/2013 of 11/14/2013).

If both versions of claims are filed by an employee, employers have to petition the court to recognize the missed deadline for each of the stated claims (to re-qualify the employment contract as an open-ended one and to recognize the dismissal as illegal). In this case, only one of them can be satisfied by the court.

I devoted this article to the consideration of the nuances layoffs under a fixed-term employment contract. Highlighted the typical mistakes of employees and employers. He pointed out the nuances of the dismissal of a pregnant woman.

According to the current legislation, the employer has the right to conclude a fixed-term employment contract with you. This type of contract is valid for a set period and its termination has a number of characteristic features, which we will discuss below.


○ What does the Labor Code of the Russian Federation say about dismissal under a fixed-term contract?

First of all, it is worth mentioning that the duration of a fixed-term contract cannot exceed a five-year period. That is, after five years, this agreement must be terminated with you, since the maximum period for which it can be concluded has expired (Article 79 of the Labor Code of the Russian Federation).

Also, the contract at the end of the term is terminated in specific cases:

  • If the contract concluded with you was temporary and was needed to perform the functions of an absent person. When the main employee enters the workplace, the contract with you is terminated.
  • A contract has been entered into with you to perform a specific job. After completion of the work, it is terminated.
  • You have signed a seasonal contract. It will be terminated at the end of the season.

○ The procedure for dismissal under a fixed-term contract.

Termination of the contract concluded with you for a certain period is regulated by Art. 79 of the Labor Code of the Russian Federation. The norm states that the contract will be terminated due to the fact that a certain event has occurred - its term has expired.

The first thing a leader must do is notify the employee in writing no later than 3 days before the upcoming dismissal.

Except only in cases where such an agreement is concluded temporarily for the performance of the functions of an employee who is absent.

The notice that the dismissed employee will receive from the employer must contain information about who this document is sent to, the reason why the contract is terminated, its details, date, signature.

If neither you nor your manager demanded termination of the contract when it expired, then he will be considered a prisoner indefinitely(Article 58 of the Labor Code of the Russian Federation), and labor relations in this case will continue.

Therefore, if the employer did not wish to terminate the contract with you at the end of its term, then in the future he loses the right to dismiss you on this basis.

The next step in the dismissal process is issuing an order to terminate a fixed-term employment contract with this employee. The employee gets acquainted with this document against signature.

The following points must be indicated in the order itself:

  • The number of the employment contract and the date of its termination.
  • The date the employee leaves.
  • Grounds for termination and reference to clause 2, part 1, article 77 of the Labor Code of the Russian Federation.
  • Link to the documents that served as the basis for dismissal. For example, a notification that an employee has been warned about dismissal.

On the day of termination of the employment contract, an entry is made in the work book of the employee. This entry contains information about the reason for the termination of the contract, the number and date of the order, a reference to the norm of the Labor Code of the Russian Federation. After that, the book is given to the employee.

○ The nuances of dismissal of a pregnant woman under a fixed-term contract.

If you belong to the category of pregnant women who work under a fixed-term contract, don't worry, the Labor Code of the Russian Federation protects your rights.

So, if the term of the employment contract signed with you ends before the end of pregnancy, then according to Part 2 of Art. 261 of the Labor Code of the Russian Federation, the head, at your written request, is obliged to extend it.

He also has the right to require you to submit to him every three months a certificate indicating pregnancy. This agreement is terminated on the end date of the maternity leave.

If the contract was signed with you for a fixed period, during which you performed the labor functions of an absent employee, then the employer has the right to dismiss you if the main employee goes to work.

If the employer has another vacancy where you can be transferred, then he is obliged to provide it before the end of the pregnancy. Your employer will also have to pay you maternity benefits.

○ The main mistakes of the employer and employee when dismissing under a fixed-term employment contract.

By itself, this type of contract can be concluded only when there are sufficient grounds for this.

Employers, as a rule, neglect this fact, thereby violating the current labor legislation. In the following, we will focus on the most common mistakes that you and your employers can make.

  1. There is no expiration date on the contract.

    If you are faced with the fact that the contract concluded with you does not have an end date, then it will be considered that you have been accepted for an unspecified period.

  2. In the contract that is signed with you for the period of replacement of the main employee, there is a date for its termination.

    Please note that your contract must indicate that it terminates when the main employee enters work (part 3 of article 79 of the Labor Code of the Russian Federation). Otherwise, termination of the contract will be illegal.

  3. Failure to comply with the dismissal procedure by the employer.
    • The employer notified the employee less than three days before the upcoming dismissal. There is a judicial practice according to which if an employee was not warned about dismissal in a timely manner. At the same time, sometimes the court takes the side of the employee, referring to the violation of the dismissal procedure, namely Art. 79 of the Labor Code of the Russian Federation.
    • The employer did not familiarize you with the dismissal order, thereby violating the norm of Art. 84.1 of the Labor Code of the Russian Federation
  4. Multiple, repeated conclusion of fixed-term employment contracts with you for a short period.

    Judicial practice boils down to the fact that in this case the contract can be recognized as concluded indefinitely.

  5. Dismissal of a pregnant woman.

    An employer cannot fire a pregnant woman. He must extend the contract until the end of the pregnancy.

  6. The employee is inattentive to the documents.

    Both at the conclusion of the contract and at its termination, read all the documents that you sign.

A fixed-term employment contract is an agreement between an individual being hired and an employer, concluded for a certain period.

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The legislation stipulates that a fixed-term employment agreement can be concluded only in cases where it is impossible to establish long-term (permanent) employment relations.

The duration of an agreement of this kind can be set both in the form of a specific date, and with an indication of some event, upon the occurrence of which the temporarily hired employee will cease to continue working.

If the employer does not plan to continue the employment relationship, then the termination of the agreement will lead to the dismissal of the temporary employee and removal from office, provided that the administration complies with all the rules and regulations provided for by the Laws of the Russian Federation.

Possible reasons

The main reasons for terminating a fixed-term employment agreement are:

  • the return to work of an absent permanent employee, in whose place another person was registered;
  • the end of its validity when performing work for which a temporary employee was hired, or at the end of the work season (Article 77 of the TCRF);
  • by agreement of the parties (Article 78 TKRF);
  • on the initiative of a temporary employee (Article 80 of the Labor Code of the Russian Federation) or administration (Article 81 of the Labor Code of the Russian Federation).

Employee initiative

Termination may be based on the following reasons:

  • illness or disability, as a result of which the continuation of the performance of duties becomes impossible;
  • illness of a family member;
  • failure by the employer to fulfill his obligations, terms of the contract, or violation of labor laws;
  • moving to another area;
  • admission to an elective office;
  • other reasons.

The employee must notify the administration in writing of his intention to terminate the agreement ahead of schedule 14 days before the proposed termination of the working relationship.

By agreement of the parties and the absence of any claims from the employer, the fixed-term contract may be terminated even earlier than a two-week period.

There are frequent cases when, despite the existing good reasons, the employer does not want to terminate the contract with the employee ahead of schedule (does not recognize the violations committed, or does not consider the reason for termination to be valid). In this case, the agreement can be terminated through the courts or with the help of the Labor Disputes Commission (CTC).

Example:

Ivanova Maria was hired under a fixed-term agreement to maintain the accounting of the organization, for the period of illness of the chief accountant. A month after the conclusion of the contract, she wrote a statement with a request to terminate the contract with her ahead of schedule in connection with the transfer of her husband to another city. The administration considered the reason insufficiently weighty and refused to terminate the contract. Maria was forced to go to court and get the decision she needed.

Employer initiative

The grounds include:

  • liquidation of the enterprise;
  • staff reduction;
  • non-compliance with the position of a temporary worker;
  • systematic improper performance or non-performance by the employee of his duties;
  • change of ownership (applies to the head of the enterprise, deputy and chief accountant);
  • violation of labor discipline;
  • providing false or false information when concluding a contract;
  • commission of actions that caused serious harm to the enterprise, etc.

In this case, the employer must take into account some features:

  • Any ground for dismissal implies the presence of circumstances provided for in the Labor Code of the Russian Federation. So, upon dismissal for systematic non-performance of one's functions without valid reasons, there must be a preliminary disciplinary sanction (this may be a reprimand). The validity period of the charge is 1 year. After this period, it loses its validity.
  • All circumstances that serve as the basis for early termination of the contract must be supported by documentary evidence (a memo, an employee's explanation, an act, if there is no explanation, an order to impose a penalty).
  • A minor can be dismissed before the end of the contract only with the written consent of state bodies - the commission on minors and the labor inspectorate. The exception is the complete liquidation of the enterprise.
  • Be sure to comply with the deadlines established by law. For example, upon dismissal for non-compliance with labor discipline, a penalty should be imposed no later than a month from the moment the violation was discovered and no later than six months from the moment it was committed.
  • Compensation and guarantees are obligatory, including upon termination of the contract due to staff reduction, liquidation of the enterprise, other reasons provided for by the Labor Code of the Russian Federation.

Expiration

Dismissal under a fixed-term employment contract at the end of its term is provided for in Article 77, clause 2 of the Labor Code of the Russian Federation.

If neither of the parties insists on its termination upon the expiration of the contract, and the employment relationship between the administration and the employee continues, then the grounds that serve as the reason for dismissal become null and void.

Peculiarities

Notifications

Upon termination of the employment agreement at the initiative of the employer, the employee must be warned in writing about the upcoming event at least 3 days before its occurrence.

The notice must be drawn up in two copies and registered in the prescribed manner.

Document example:


Sample notice of contract expiration

The employee must be familiar with the warning against signature.

Orders

The employee must sign a copy of the employer's order.

If it is not possible to familiarize the employee, the employer must make a record of this fact.

Order example:

Employee termination letter

Filling out a work book

The work book is filled out on the basis of a prepared order.

The employee must sign in the work book record book that he has read the entry made and received the document in his hands.

If it is impossible to do this, the employer must record this fact and send a notice to the dismissed employee about the need to pick up the labor. If after these actions the dismissed employee does not receive the document, the latter is sent to him by mail with a notification.

An example of an entry in an employee's workbook:


Sample of filling out a work book

Payments and compensation

On the last working day, a full payment must be made to the employee.

If the employee had a day off or was absent for some other reason, the calculation takes place within a day after he appears at work. If the dismissed person disagrees with the presented calculation and the amounts due to him, those funds that are not disputed are subject to payment.

Some grounds for terminating a fixed-term employment contract (liquidation, downsizing) provide for compensation payments.

  • compensation of earnings for several months;
  • if the employee did not take off the days of rest due to him before dismissal.

The nuances of dismissal of pregnant women and women with children

When terminating a fixed-term employment contract, it should be borne in mind that there is a preferential category of employees who are not subject to the general grounds for dismissal.

It is possible to dismiss a pregnant woman only if the enterprise is completely liquidated, or if the woman was hired to replace a temporarily absent employee when he returns to work. In other cases, the dismissal of an employee who is expecting a child is possible only at the end of the pregnancy.