The procedure for dismissal due to the expiration of the employment contract. Guide to Labor Disputes

1. Legality of termination of a fixed-term employment contract

1.1. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if there were no grounds for concluding it for a certain period?
1.2. Is it legal to dismiss an employee due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation) while she is on maternity leave?
1.3. Is it legal to dismiss a pregnant woman due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if she did not apply for its extension and did not provide a medical certificate confirming pregnancy?
1.4. Is it legal to dismiss a pregnant woman if the term of her employment contract has expired due to the departure of the main employee (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation) and the employer did not have the opportunity to transfer the employee to another position until the end of her pregnancy?
1.5. Is it legal to dismiss due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation) during the period of temporary disability of the employee?
1.6. Is it legal to dismiss an employee performing duties in a position if the expiration of the employment contract is due to the appointment of another person to this position?
1.7. Is it legal to dismiss due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if upon hiring the contract was not concluded or its validity period was not indicated?
1.8. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if the event associated with the termination of the employment contract has not occurred?
1.9. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if the circumstances (reasons) that served as the basis for its conclusion for a certain period existed, but were not specified in the contract?
1.10. Is dismissal legal during maternity leave if, due to the departure of the main employee, the term of the employment contract has expired (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), but the employee was not offered a transfer to another job until the end of her pregnancy?

2. Legality of extending the term of the employment contract

2.1. Is dismissal legal under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation, if a fixed-term employment contract was extended because the circumstances remained (Part 1 of Article 59 of the Labor Code of the Russian Federation) that served as the basis for its conclusion for a certain period?
2.2. Is dismissal legal under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation in case of extension of a fixed-term employment contract, which was concluded by agreement of the parties in accordance with Part 2 of Art. 59 Labor Code of the Russian Federation?

3. Legal consequences of repeatedly concluding a fixed-term employment contract

3.1. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if it was concluded more than once to perform permanent work?
3.2. Is it legal for dismissal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation) if it is repeatedly concluded with the consent of an employee who belongs to the category of persons specified in Part 2 of Art. 59 Labor Code of the Russian Federation?

4. Compliance with the procedure for notifying an employee of the termination of a fixed-term employment contract

4.1. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation) if the employee was not notified of the upcoming dismissal or was notified less than three days in advance?

4.1.1. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if the employee was not notified of the upcoming dismissal (notified less than three days in advance) and was not familiar with the dismissal order?

4.2. Is dismissal legal due to the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation), if the notice of dismissal is signed by a person who is not the head of the organization?

Work under a fixed-term contract is performed in cases where labor Relations between the employee and the employer cannot be established in the usual way - that is, by concluding a permanent employment agreement. An example of such activity could be seasonal work, performing one’s official duties on a business trip, or teaching some kind of activity. academic discipline within a specific course.

The termination period for a fixed-term agreement may be a specific date or event, the occurrence of which results in the termination of work by the temporary employee - for example, the completion of a project, harvest or renovation work.

Legislative aspects of dismissal

Breaking the working relationship by dismissal after the expiration of the term employment contract is one of the most common options, the nuances of which are indicated in the Labor Code of the Russian Federation. The 77th and 79th articles of this document indicate that the end of the period does not necessarily mean that the employee leaves workplace. Many contracts of this type contain clauses that allow them to be extended. Whereas to end a relationship, certain conditions must be met.

Moreover, Article 77 indicates that relations cannot be terminated unless initiative is taken in this direction by the employer or employee. This means that if representatives of the organization do not notify the employee of their intentions to terminate the contract, it automatically goes from fixed-term to indefinite.

The same applies to the employee himself - if after the expiration of the temporary agreement he did not stop fulfilling his job responsibilities and have not received any notifications from the employer, you can continue to work.

Main reasons for termination of the contract

The grounds for severing employment relations include:

return to the permanent workplace of a temporarily absent employee whose duties were performed by a person working under a temporary agreement;
completion of the work for which the employee was hired;
the end of the season - and such a date can be “floating”, that is, different in different years.

Another reason for an employee leaving work, specified in Article 78 of the Labor Code, is an agreement of the parties. The features of dismissal on the initiative of the employee himself are described in Article No. 80 of the same document. And, if the initiator is the employer, the nuances are indicated in Article 81 of the Labor Code.

The employee acting as the initiator of dismissal

An employee may terminate a fixed-term contract for the following reasons:

serious illness or disability in the employee himself or in a member of his family (usually a child or one of the parents);
violation by the employer of the conditions specified in the agreement, or violation by him labor legislation RF;
relocation of an employee to another region or city;
election of an employee to an elective position.

A temporary employee must notify the employer of his desire to terminate his employment relationship two weeks in advance and in writing.

In the absence of claims from the management of the organization and after the parties have concluded an agreement, the contract may be terminated before the 14-day period. If the employer does not agree to terminate the employment relationship upon completion of the contract, the agreement may be terminated by going to court.

Dismissal by decision of the employer

Among the grounds for terminating a contract initiated by the management of an organization are:

liquidation of the company or reduction of its staff;
the employee’s inadequacy for the position he occupies;
improper performance by the employee of official duties;
transition of the organization to a new owner - in most cases, after this its management and chief accountant are replaced;
violation of labor discipline by a temporary employee or commission of actions that caused serious damage to the organization;
discovery by the employer of the fact that the employee provided false or false information about himself when concluding the contract.

When dismissing a person whose employment contract has expired, the employer must take into account some nuances. So, if an employee is fired for violating his job duties, before that he must be subject to disciplinary action- for example, a reprimand.

The grounds for dismissal must be supported by documents - explanatory notes, memos, acts or orders on punishment.

For minors, the possibility of dismissal due to the expiration of the contract exists only if there is additional reasons. Under normal conditions, it is possible to dismiss such an employee only if the employer gives consent to this from the labor inspectorate and the commission on minors' affairs. When liquidating an organization, such permission is not required.

In addition to observing a number of features of dismissal, the employer must adhere to certain deadlines. Thus, employees who violate labor discipline must be fired no later than a month after the violations are discovered. Or six months after they were committed.

The procedure for ending the employment relationship

The process of terminating employment agreements involves the employer’s representatives performing the following actions:

A notice of dismissal is prepared and handed to the employee. The document must be drawn up 3 days before the employee leaves - or, if the reason for breaking the contract is the return of an employee who temporarily left the position (on maternity leave, on a long-term business trip), on the day of his departure. The form of the document is arbitrary. The first copy remains with the employer, the second is given to the departing person;
An order of dismissal is issued upon expiration of the employment contract in Form N T-8. It indicates the relevant article of the Labor Code of the Russian Federation, the date of termination and details of the agreement. Finding a sample order is not difficult - such documents are usually found on thematic resources on the Internet;
It is ensured that the dismissed person is familiarized with the order - after reading it, he must sign;
The amount of compensation for the unused vacation period is calculated and a calculation note is drawn up in Form N T-61.

At the final stage of termination of the relationship, it is necessary to make an entry in the work book of the dismissed employee. Here, in the work information column, the Labor Code article is indicated. On the day of dismissal, the employee is paid the funds that the company owes him (although this can be done in the near future, payment of wages or advance payment), and all necessary documents are returned.

Some features of termination of the contract

By general rules, a fixed-term employment contract cannot be extended. But it can become indefinite:

if the employee was not warned in advance about the termination of the contract and continues to work;
if neither party requested termination of the working relationship due to the expiration of the contract (Part 4 of Article 58 of the Labor Code of the Russian Federation).

At the same time, the Compliance Guidance Report mandatory requirements, providing an explanation of what behavior is lawful, for the third quarter of 2020, Rostrud explained that, subject to certain conditions, it is still possible to extend a fixed-term employment contract. These conditions include:

the total duration of the working relationship under a fixed-term agreement will not exceed 5 years ( maximum term agreement on Art. 58 Labor Code of the Russian Federation);
the grounds for maintaining the urgency of the contract have not changed (see paragraph Appeal determination St. Petersburg City Court dated July 11, 2017 No. 33-12722/2017).

To extend the agreement, both requirements must be met, Rostrud emphasizes.

Grounds for termination of a fixed-term employment contract

Procedure for terminating a fixed-term employment contract

The procedure for dismissal upon expiration of the contract is as follows:

Before terminating the agreement, we check whether it contains information about the period of its validity.
The employee must be notified of dismissal no later than three days in advance.
We issue an order.
We introduce the employee to the order and sign it.
We make final payments to the employee.
At the end of the employment contract, we make a contribution. On the last day of work, the document is issued to the employee. The citizen signs in the accounting book, confirming its receipt. The employee is issued certificates and documents related to his work. He can order their production before dismissal.

Funds (salary, vacation compensation) are transferred on the day the employee is dismissed. If the contract provided additional payments, the citizen also receives them.

If an employee was unable to receive his documents on time, in order to avoid a fine, the manager must send him a notice of the need to come to the HR department for them. Upon written request from the employee, everything must be returned to the owner no later than three working days from the date of application.

Upon expiration of the employment contract, the employer is obliged to promptly dismiss the employee or renew the agreement with him. How to dismiss an employee correctly, without violating his rights, what documents need to be drawn up - step-by-step instruction upon dismissal of a fixed-term employee.

Dismissal at the end of the employment contract is the termination of the employment relationship between the employer and the contractor due to the end of a fixed-term contract.

All actions related to the procedure for such dismissal are described in Art. 79 Labor Code of the Russian Federation.

According to legislative act, the dismissal of a fixed-term employee must be carried out in a timely manner, since otherwise the employment contract will be considered extended for an indefinite amount of time and in this case, compelling reasons will be needed to dismiss the employee. In this case, changes will have to be made to contract of employment, since there will be completely different reasons for cooperation.

Important: The entire dismissal procedure should begin by notifying the employee 3 days before the end of the employment contract.

It should be remembered that:

If this date falls during the sick leave period, then it will not be postponed, and the sick leave must be paid in full for all days the employee is on it, even if he has already been dismissed;
When the required amount of work is completed, the end date of the contract is the date of complete completion of the specified amount;
In the case of a contract with a temporarily created enterprise, the employment relationship terminates on the day of liquidation of the company;
When replacing a temporarily absent employee, labor contract terminates on the day he returns to work, there is no need to notify the employee;
When performing seasonal work, the contract terminates upon the end of the specified period; in this case, the employer is not obliged to notify the employee.

An employee working under an expiring employment contract, unlike the employer, is not obliged to do anything; he has the right to not go to work at all without notice at the end of the term, and the employer does not have the right to punish him. If management has a desire to extend cooperation, it is necessary to invite the employee to draw up an annex to the employment contract.

Rules for dismissal upon expiration of the employment contract - step-by-step instructions 2017 – 2018

To avoid any complications when severing an employment relationship, every employer must act in accordance with the requirements of the law.

To dismiss an employee upon expiration of the contract period, follow the following step-by-step instructions:

Step 1. Giving the employee notice 3 days before termination of the employment contract.

This notification is supposed to be drawn up in a free style in 2 copies, the original for the employee, and a copy for filing in a personal file, on which the employee must sign indicating the date of receipt of the notification.

If a fixed-term employee replaces an absent one, then there is no need to warn about the expiration of the validity period. The contract automatically terminates when a permanent worker appears at work.

Sample notification:

Step 2. Drawing up an acceptance certificate - if the employee was obliged to complete a scope of work under a fixed-term employment contract, then it is necessary to draw up an act of delivery of this work in 2 copies, and the copy intended for the employer is filed in the employee’s personal file.

To draw up a document, it is permissible to use a unified form or take it as a model.

Step 3. Issuance of a dismissal order.

The document is drawn up using the unified form T-8 or T-8a - for several employees.

The document should indicate the basis for severing the relationship - the expiration of the employment contract under clause 2 of Article 77 of the Labor Code of the Russian Federation, also indicate the period for the end of the contract and the details of notifying the employee about the end of the legal relationship.

Important: application unified forms, according to innovations in legislation since 2013, is not necessary, which allows the enterprise to form accounting documents according to its characteristics, however, it is necessary to adhere to the application of the main points.

Sample dismissal order:

Step 4. Signature of the order by the employee.

Employer in mandatory must familiarize the employee with respect to whom it was issued with the document - a copy is filed in the file.

Step 5. Calculation of amounts due to be paid to the employee.

Step 6. Entry in your personal card.

The grounds for dismissal due to the expiration of the employment contract are transferred from the order to last section T-2 cards.

Step 7. Entry in the work book.

It is necessary to indicate that the employment agreement terminated due to the expiration of the term and make reference to clause 2 of Art. 77 of the Labor Code of the Russian Federation - by analogy with recording a dismissal order.

Important: if the end date of the employment contract falls on a holiday or weekend, you must indicate the first working day after them.

Step 8 Dismissal of an employee with delivery of the necessary documentation and proper payment, while he must put his signature on the personal card and in the account book work records.

Calculation of a fixed-term employee upon dismissal

An employee working under a fixed-term contract must pay all due compensation for vacations not taken.

All step by step order and the nuances of payments, the amount of which depends on the term of the employment contract, are described in the Labor Code of the Russian Federation.

Wherein:

An employee who has signed a fixed-term contract valid for up to 2 months has the right to compensation for vacation if he has worked at the enterprise for more than 15 days.

In this case, when calculating, the amount of months worked is multiplied by 2 and the resulting figure is multiplied by the average daily earnings.

If a fixed-term worker worked for less than 2 weeks, such days are not taken into account in the calculation, but if more, then the number of days corresponding to a full month is taken into account.

An employee who has entered into a fixed-term employment contract for a period of 2 to 11 months receives compensation using the same calculation procedure as before, but the amount will be different.
When fixed-term contract for a period of more than 11 months, a coefficient of 2.33 is used in the calculation, and it is necessary to subtract the number of vacation days used.

Payment of monetary compensation and all earnings to a dismissed person upon expiration of the employment contract must be made on the day of the employee’s dismissal in accordance with the law.

Is it possible to fire a pregnant woman under a fixed-term employment contract?

During urgent cooperation with a woman, it may happen that after this period she becomes pregnant, then the employer will not be able to fire her in the event of:

Her writing of a corresponding statement;
Providing by the employee medical certificate with confirmation of the diagnosis.

In this case, dismissal of a pregnant woman is impossible and the employer is obliged to extend the fixed-term employment contract until the end of the pregnancy, regardless of its outcome.

The date of dismissal in this case will be:

When granting maternity leave, its last day;
If leave is not granted within a week after the end of pregnancy.

Important: Parental leave is not provided.

Maternity benefits upon timely registration and upon the birth of a child are paid in accordance with legal requirements.

When can you fire a pregnant woman?

At the same time, the employer has the opportunity to dismiss a pregnant employee due to the expiration of a fixed-term employment contract, subject to the following conditions:

This employee was hired to replace an absent specialist;
Transferring a female employee to lighter work with her consent is unacceptable.

During such dismissal, the employer is obliged to offer the pregnant employee all existing vacancies that correspond to her qualifications or a rank lower, with appropriate pay or an order of magnitude lower.

After termination of a fixed-term employment contract due to its expiration and full settlement with the employee, the employer is not obliged to urgently notify the Pension Fund, since the report for this will occur at the end of the reporting period, however, if desired, instant notification is available.

It should also be remembered that cooperation on an urgent basis is fully prescribed by law, which requires its proper implementation.

Questions and answers on the topic of dismissal of fixed-term workers in 2018

Question 1: The employment contract expires on a day off. Is it possible to file a dismissal on a day off?

Answer: The main thing is not to infringe on the rights of the employee. It would be correct to formalize the dismissal on the next working day.

Question 2: We have an employee on a fixed-term contract who reported that she was pregnant. Is the company obliged to accrue and pay maternity benefits to her?

Answer: The employer is obliged to extend the contract and pay lump sum allowance for early registration and maternity benefit. The only exception is replacing an absent person and returning to work. In this case, even a pregnant woman quits. If, due to her condition, she cannot work at her previous job until maternity leave, then the company must offer others vacant positions, on which she can work.

Question 3: I was hired for a limited period, but I did not find an expiration date in the employment contract. What does it mean?

Answer: This means that the employment contract is of unlimited duration. Verbal agreements have no in this case force, the content of the contract is important, and if it does not contain a validity period in any form (completion of work, departure of a permanent employee, a specific date or certain period), then it is recognized as unlimited. They do not have the right to fire you under clause 2 of Article 77.

Question 4: By e-mail I received 3 days notice from my employer about my dismissal - my employment contract is expiring. After 3 days I was fired under clause 2 of Article 77. Are the employer's actions legal?

Answer: The notice must have written form, on which you must put your introduction visa. The electronic version does not confirm the employer’s fulfillment of the obligation to inform the employee about dismissal. You have the right to go to court, which will demand that you be reinstated in your job due to a violation of labor laws - the employer will not have written confirmation of the notice with your signature.

Question 5: We missed the end of the contract with the employee; he is still working. How can I fire him now?

Answer: If the deadline is missed, then the employment contract becomes unlimited. An employee can be dismissed only on general grounds.

Question 6: The fixed-term worker is pregnant, but she did not submit an application to extend the contract and did not bring a certificate. Can she be fired?

Answer: The situation is not unambiguous; there is practice of different court decisions. On the one hand, the extension is carried out on the basis of an application and a certificate. On the other hand, this situation is precisely described in the Labor Code of the Russian Federation and is an obligation for the employer. Perhaps the employee does not know about her rights, you need to inform her about this. It is possible that after dismissal she finds out that she could have continued working and received maternity leave, and will go to court to protect her rights. The court's decision may be on her side.

Question 7: Is it possible to dismiss an employee due to the end of a fixed-term contract if he is on sick leave?

Answer: Yes, you can. But sick leave must be paid in full.

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If the term of an employee’s employment contract has come to an end, you can extend it, or you can say goodbye to the employee. This must be done immediately, while there are grounds for it. We will tell you how to correctly formalize your dismissal at the end of the contract and what can happen if you do not do it on time.

Dismissal at the end of the contract period involves the termination of the working relationship between the entrepreneur and the employee due to the expiration of the contract period. This regulates Labor Code RF. If this procedure is not completed on time, then the agreement is considered non-cancelled and will be valid for an indefinite period. Then the process of removing an employee from office becomes a real problem due to the lack of valid grounds for dismissal.

To avoid such difficulties, every entrepreneur must have information about the correct calculation of an employee from his position.

Step-by-step instructions for dismissal

Dismissal upon expiration of the contract occurs according to the following algorithm:

The field “Grounds for termination of the employment contract” must be filled out in accordance with clause 2, part 1, article 77 of the Labor Code of the Russian Federation.

In the “Base” field you need to place information about deadline validity of the employment contract and details of the notice of dismissal received by the employee.

3. Familiarization of the employee with the dismissal order.

If for objective reasons it is not possible to familiarize the employee with the normative act, then an appropriate entry is made in the order.

4. Calculation of the amount of payments, due to the employee, and its preparation according to form N T-61.

5. Making an entry about dismissal in the employee’s work book and personal card.

In the section of the work book “Information about work”, the entrepreneur must make an appropriate entry.

The employee's personal card is filled out according to form N T-2.

6. Dismissal of the employee with the issuance of all his working documents.

The employee's payment must be made according to the period specified in the contract, otherwise the contract will be considered valid for an indefinite period.

Filling out the work book

The work book is issued to the employee on the day of dismissal, in accordance with Part 4 of Art. 84.1 Labor Code of the Russian Federation.

In the labor section “Information about work”, the entrepreneur must make an entry: “The employment contract was terminated due to the expiration of the employment contract, clause 2, part 1, art. 77 of the Labor Code of the Russian Federation.”

If the contract becomes invalid on a holiday or weekend, the end of the working agreement period is considered to be the working day closest to this date.

Upon receipt of his work record book, the employee is required to sign the work record book in accordance with the form approved by the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69, and on the personal card page.

Calculation of payments due to an employee

An employee who has entered into a fixed-term contract with an enterprise is entitled to compensation for unused paid vacations. The calculation of the amount of payments is made in accordance with the norms of the Labor Code.

Depending on the terms specified in the contract, the amount of payments varies:

1. An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay. But such a privilege is available only to those employees who have worked at the enterprise for more than 15 days. In this case, the sum of the months worked is multiplied by 2, and the resulting figure is multiplied by the average daily earnings.

If in one of the working months the employee worked for less than 2 weeks, then this time is not taken into account in the calculation, but if on the contrary, then the period worked is counted as a whole month.

An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay.

2. For an employee who has registered with an enterprise for a period of 2 to 11 months, the amount due payments is calculated in the same way as in the previous paragraph. However, the amount of compensation will vary.

3. For an employee employed for a period of more than 11 months, compensation is calculated with a coefficient of 2.33. When calculating, you need to subtract the vacation days used.

The entrepreneur is obliged to pay monetary compensation on the day the employee is dismissed, because It is illegal to detain her.

After terminating a contract with an employee, you are not required to immediately notify Pension Fund about the operation performed, since you report on the personnel every reporting period. But if you wish, you can send a notice of termination of the contract with an employee in free form.

Temporary labor relations are regulated by law. When concluding a fixed-term employment contract with an employee, an entrepreneur must know everything in advance legal aspects his dismissal at the end of the contract.