home › Brake system › How to terminate a fixed term contract. Notice of termination of a fixed-term employment contract

How to terminate a fixed term contract. Notice of termination of a fixed-term employment contract

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

Today you will learn:

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

When STD stops automatically

This happens in the following cases:

Its validity period is expiring. The employer must notify the employee of this fact in advance. There must be no more than 3 days left before the end date.
One of the following occurs:

The work is being completed, the actual deadline for which will eventually be equal to the term of the contract (work is planned to cut down the forest, which will end when the planned volume is cut down, in this case it is impossible to foresee a specific period in advance, etc.);
An employee goes to work whose duties were temporarily performed by another (for example, a woman who was on maternity leave returns to work, after which the employment relationship with the employee replacing her is terminated);
The season for certain types of work is ending (this condition is most often encountered in the process of harvesting or mining natural resources for example, as long as the weather remains warm, the season ends up being short or long).

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

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

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

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

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

If there is a reason from the first group, it is necessary to prepare a package of mandatory documents that record a disciplinary offense. Usually, an internal audit is carried out or a special act is drawn up on disciplinary offense worker. After the document certifying the fact of a serious violation has been prepared, a dismissal order can be issued.

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

Other cases of STD termination

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

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

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

Notice of termination of a fixed-term employment contract

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

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

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

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

Early termination of a fixed-term employment contract

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

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

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

Settlement with an employee

Payment must be made on the last day of work.

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

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

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

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

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

An employment contract may be:

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

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

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

Basic ones such as:

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

2. Independent of the will of the parties:

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

3. At the initiative of the employer:

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

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

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

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

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

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

Statement

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

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

Sample letter of resignation

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

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

Termination of TD occurs on the following grounds:

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

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

a parent of a large family, where the second spouse is incapacitated;
disabled people;
employees who have received an occupational injury in the workplace;
the only working family members.

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

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

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

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

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

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

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

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

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

Notification

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

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

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

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

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

Agreement

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

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

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

If the contract has expired

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

Urgent TD is concluded for the following types of work:

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

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

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

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

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

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

Exceptions may be:

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

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

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

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

Order

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

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

Order data is recorded in the work book.

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

When applying for a job, hired personnel are increasingly being offered the conclusion of fixed-term employment contracts. Undoubtedly, this is a convenient and profitable form of labor relations for the employer. But what are the pitfalls behind this? We will tell in the article about the termination of a fixed-term employment contract, we will 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 is registered to perform seasonal work, then the period can be a month, a quarter, or six months. The employer obliged to explain why a specific period is indicated in the contract, based on real legislative norms.

The order must also refer to the reason for drawing up a fixed-term contract. After the expiration of its validity, the grounds for renewal in legislative framework little (pregnant women, employees of the scientific and teaching sphere have the right to this). Read also the article: → "". But if the parties continue to cooperate, then the main one can be concluded.

The procedure for termination of employment relations at the initiative of the head

The grounds for such actions are spelled out in article 81 of the labor code:

The company is going out of business.
There is a downsizing.
An employee cannot fully perform job duties due to low qualifications, which is confirmed by the certification passed.
Periodic tardiness and absenteeism.
Distribution of trade secrets.
Change of leader.
The decisions made by the employee harmed the organization.

The contract may contain additional reasons for which it is possible to terminate the employment relationship.

When the initiator this issue the employer speaks, it is not enough just to refer to one of the points, the basis must be documented. For example, when the reason is constant delays, then the form of evidence is a memo, or an explanatory note from an employee.

Actions upon expiration of the contract

The procedure for terminating an employment relationship at the end of the term is indicated in the table:

Reason for hiring		Termination of contractual relations
The employee was hired for temporary or seasonal work (picking strawberries, planting potatoes).		It is mandatory to give notice at least three days before the deadline.
The employee is temporarily taken to the place of another person (for example, for the period of the decree).		There is an automatic termination of the contract, on the day the employee leaves. You can also give notice on the same day. But in this case it is more a formality than an obligation of the employer.

The notice must be prepared in two copies, one for each party. This document must be delivered in writing at least 3 days before the specified date. If an employee is ill, this cannot be a reason for delay. It is also necessary to notify him of this 3 days in advance and dismiss him within the period indicated by the contract, while making all the due sick leave payments.

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

An example of an excerpt from judicial practice upon termination of an employment contract during an employee's illness

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

Due to a sprain, he was hospitalized. Upon returning to work, Sergei was confronted with the fact of his dismissal retroactively, due to the expiration of the period that came when he was in a medical institution. The father of the young instructor made the following claims to the training application:

Since it is he who is the guardian of the minor son, then he should have been served with a notice of termination of the contract, and such a document Lomonosov S.Yew. did not receive.
The educational institution kept silent about the additional agreement concluded to extend the term of the son's labor activity and hid its existence.

Based on this, an application was made to the court. Lomonosov S.Yu. demanded to reinstate his son in his position, to pay material and moral damages, to hold the director accountable. Having considered the complaint, the court did not satisfy it and recognized the actions of the director as lawful 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 for ordinary contracts, and for additional ones:

If an employee is accepted for the place of an employee, for whom this position will become the main place of work, then the director has the right to dismiss the “part-time job”. 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.
When from the position “part-time” they are transferred 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 additional grounds for terminating the contract are those concluded for an indefinite period. If a fixed-term employment agreement is drawn up, then it is governed by the basic norms and the termination of relations with such an employee occurs on a general basis (according to article 77 of the labor code), which were described at the beginning of the article. Additional reasons for termination cannot be applied to it.

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

Is it possible to quit on weekends?

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

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

The dismissal procedure should take place in the following sequence:

The employer gives notice 3 days before the deadline;
Drawing up an order. It must necessarily indicate: the date, the number of the employment contract, the documents on the basis of which the agreement is terminated (notice delivered), the grounds.
Recording in the work book and payment of wages is carried out on the last working day.

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

End of term during an employee's pregnancy

If before the expiration of the contract it turned out that the employee is “in position”, the employer does not have the right to terminate the employment contract with her, even if its term ends. Make it possible:

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

In the case when an employee was hired for temporary work job duties another employee, after the release of the main employee, the manager has the right to dismiss 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 the maternity leave.

Early termination with certain categories of employees

The conclusion of a fixed-term employment agreement with foreign citizens is prohibited by law. It is possible to issue them only for an indefinite period, which is set taking into account the expiration of the visa validity period. There are other categories of hired persons:

Category of workers	Reasons for early termination
Persons under 18	Relations with such workers can be terminated only by decision of the commission, the labor inspectorate. With the exception of the liquidation of the enterprise.
An employee has been made redundant	The manager must give three months' notice
Single mothers with children under 14, women with children under three years, parents of children with disabilities	With this category of citizens, early termination of employment relations is prohibited.

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

Question #1. What if the contract does not have an expiration date?

Question number 2. Does an employer have the right to repeatedly conclude 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 a fixed-term employee entitled to paid annual leave and severance pay?

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

Question number 4. If an employee is a recent employee, can they be denied sick pay?

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 compiling this document, only the employer wins.

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

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

(No ratings yet)

An employment contract is the main document that governs the relationship between an employer and an employee. It prescribes absolutely all the conditions for the work of a new employee: time and place of work, duties, term of work, wages and much more. Employment contract - binding document for official employment under the Labor Code of the Russian Federation.

Since the employment contract is the main document, most of the disputes are related to its formulation and implementation. And one of the most important and acute disputes is the early termination of the employment contract. Sometimes this process goes smoothly, sometimes it develops into a serious conflict, reaching the court. In this article, we will tell you everything you need to know about termination of an employment contract, both by an employee and at the initiative of the employer. We will also separately consider the termination of a fixed-term employment contract at the initiative of the employer.

The first thing to understand when considering the termination of an employment contract is that there is a strictly established procedure for its termination, any violation of which, in fact, is a violation of the Labor Code of the Russian Federation. All legal ways to terminate an employment contract can be divided into 4 categories:

By mutual agreement of the parties;
At the request of the employee;
At the request of the employer;
Due to circumstances.

Termination of the employment contract by mutual agreement of the parties

Perhaps the easiest, fastest and most comfortable way to terminate an employment contract. Unfortunately, they are rarely used. It implies a simplified procedure for terminating labor simplifications, in which the issues of working off, payments, compensations and other things are resolved between the employee and the employer on a voluntary basis. Most often, it happens if an employee retires, cannot work due to deteriorating health, quits to care for a sick relative or a disabled person. The process itself is a campaign to terminate the contract at the initiative of the employee, but deprived of most of its legal features.

Termination of the employment contract at the request of the employee

One of the ways to terminate cooperation is at the request of the employee. It is quite simple, it will not be difficult to arrange it. The process for terminating an employment contract is as follows:

The employee submits an application in writing that he stops work;
The employee works for two weeks (this is provided for by the Labor Code of the Russian Federation, but in general it is not necessary if the employee agrees with the employer)
On the last working day, the employee receives a calculation, his documents, compensation and others. This is where his work ends.

Pay attention to the clause on working off - if the employee does not come to work, then the employer has full right deprive him of his salary for this period, as well as some additional bonuses and payments (except for those that were due to him in the time before the application was submitted)

Termination of the employment contract at the initiative of the employer

Most often, disputes with the employer among employees arise precisely in the event that the contract is terminated by the employer. It should be clearly understood that there is a whole list of conditions that allows the employer to terminate the employment contract on their own initiative. Here is the list:

or ceased to operate;
There was a downsizing;
The employee was hired for a job that he could not perform due to lack of skills or necessary knowledge;
The employee did not fulfill his direct duties without any good reason relieving him from liability;
The employee grossly violated labor etiquette, working conditions, safety precautions;
Theft by the employee of the property of the employer;
An employee revealed a corporate secret;
The employee made a gross mistake while working with the finances of the organization;
The employee provided the employer with forged documents;
An employee holding a managerial position has committed a gross violation of the Labor Code of the Russian Federation, accepted a violation that caused harm to the organization as a whole;

As you can see, the list is quite extensive, but the cases described in it can hardly be called universal. So if you are faced with other reasons for dismissal that are not included in these categories, then know -.

However, let us return to the description of the process of terminating the contract itself. It goes very easy - the employer is obliged to warn the employee that his contract will be prematurely terminated. At the same time, the employer himself will be obliged to explain to the employee the reason for the termination of cooperation, otherwise the dismissal will be declared illegal.

After receiving the notification, the employee is obliged to contact the employer (if he has questions, claims or any complaints), finalize the specified period, and receive his documents, wages and due compensation on the last working day.

Exactly on last step most often there are disputes with the employer - he most often either does not pay wages or withholds compensation. Legally, he can do this only in one case - if he has documentary evidence that in this moment There is simply no money to give. In this case, you will receive them as soon as possible along with compensation.

Termination of an employment contract due to circumstances

This method of terminating the contract is quite rare. It is used in cases where the employee for some reason can no longer cooperate with the employer. The most striking examples:

Dismissal for health reasons and getting an employee with a disability;
Recognition of an employee as incompetent;
Serving by an employee of a sentence in a correctional institution for a crime committed;
Death of an employee;
Forced relocation of an employee.

As a rule, in most cases, the employee cannot even submit an application himself, therefore, the employer often conducts the dismissal procedure. However, even in this case, he will be obliged to return all papers and pay all compensation.

Termination Features

A fixed-term employment contract is a type of employment contract that is concluded either for a strictly defined period, or for an unspecified period not exceeding five years. Most often, a fixed-term employment contract is resorted to if it is necessary to perform some planned work. At the same time, it is possible to conclude a fixed-term contract only if it is impossible to conclude a regular employment contract. At the same time, as a conclusion, it has its own characteristics. Consider the grounds for its termination.

What are the grounds for termination?

A permanent employee in a temporary position has officially returned to work;
The jobs for which the temporary employee was hired were accepted by the employer;
The season for which an employee was hired under an employment contract has come to an end;
An employee who came to work from abroad was forced to return to his homeland due to circumstances;
The organization in which the temporary employee performed work has completed any planned work and is not going to hire an employee for further cooperation;
For any other reason that an ordinary employee may quit or be fired.

As you can see, there are a lot of reasons, and far from all of them are connected with the initiative of the employer or employee. Often the process of terminating a fixed-term employment contract takes place “automatically”. However, in some cases, it also passes at the request of one of the parties ahead of schedule.

Please note that even if the term of work comes to an end without any problems, the employer is still required to notify the temporary employee in writing that his time is coming to an end.

Early termination of a fixed-term employment contract

In fact, there is not so much between the termination of a fixed-term employment contract and a regular one. If an employee wishes to act as an initiator, then the process is completely similar to the standard scheme - the employee writes a statement, the employer accepts it, the employee works for two weeks. At the same time, these:

The employee does not have the physical ability to work these 14 days;
The employee has a respectful reason to stop work (for example, for health reasons);
Both the employee and the employer agreed that there would be no work for two weeks.

When terminating an employment contract at the initiative of the employer, there are also no significant changes - the employee will have to receive advance notice that his services are no longer needed. At the same time, the dismissal itself in this way must take place completely in accordance with the law - the employer must have a good reason provided for Labor Code RF, and the employee himself must receive all the documents, calculations and payments due to him. In case of violation, the employee can apply to the labor inspectorate or the court - the fact that his contract was only temporary will not matter.

Thus, it is worth understanding a clear line between the termination of the contract and its termination at the initiative of the employer. An employee at the termination of the deadline can only ask to extend his contract, no more. He will be able to complain about the termination of the contract on time only if there has been any concomitant violation, for example, he was not paid a salary or compensation.

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

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

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

Procedure

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

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

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

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

Early dissolution

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

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

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

Grounds for termination of cooperation

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

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

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

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

Termination of a contract with a pregnant woman

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

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

Popular in category: