Can I be fired under a fixed-term employment contract? Fixed-term employment contract - how to fire correctly? Dismissal at the initiative of the employer

Regardless of whether the employee has a permanent or fixed-term contract employment contract, dismissal procedure at will(clause 3, part 1, article 77 of the Labor Code of the Russian Federation) for temporary workers does not differ from the general rules.

Fixed-term employment contract: working off upon dismissal

The first step in dismissing a temporary employee is own initiative there should be a warning from management about their desire. From this moment the “working off” period begins to count.

By general rule The minimum working time is two weeks from the date of warning, but there are several exceptions:

seasonal workers and temporary workers (contract term - less than two months) - three-day detention(Article 292, Article 296 of the Labor Code of the Russian Federation).

For these workers, there is one more feature when dismissing: when conducting final settlement it must be taken into account that such employees are granted leave in the amount of two calendar days for each working month (Articles 291, 295 of the Labor Code of the Russian Federation);

employees at probationary period- three-day work (part 4 of article 71 of the Labor Code of the Russian Federation);
Head of the organization; athletes and coaches with contracts for a period of no more than four months - monthly work (Article 280, Article 348.12 of the Labor Code of the Russian Federation).

There are situations when a temporary employee needs to be fired within the period for which he requests. We are talking about admission to an educational institution, retirement, violations by the employer and mutual consent parties (Part 3 of Article 80 of the Labor Code of the Russian Federation).

Fixed-term employment contract: dismissal on sick leave

The illness of a temporary employee is not an obstacle to his dismissal. Labor legislation(Part 6, Article 81 of the Labor Code of the Russian Federation) prohibits the dismissal of employees only at the initiative of the organization (Clause 4, Part 1, Article 77 of the Labor Code of the Russian Federation).

Letter of resignation

A warning is drawn up in any form, usually in the form of a statement typed on a computer or written by hand. An organization can independently develop a form for such an application and familiarize employees with it - laws do not prohibit this.

The main thing is that the employee signs the application, which will make it possible in the event of a legal dispute to prove the existence of the employee’s will to dismiss.

First of all, you need to make sure that the temporary employee correctly indicated the date of dismissal, ideally without using the preposition “from” (dismiss from August 15), so that there are no discrepancies in the definition last day work.

A temporary employee may change his mind and withdraw his application; he cannot be prevented from doing so. In this case, dismissal can only occur when another dismissed employee was not invited in writing to take his place by way of transfer from another company (Part 4 of Article 64 of the Labor Code of the Russian Federation).

Issuing an order and making an entry in the work book

The dismissal order is issued based on the application submitted by the employee. It must indicate that the employment relationship is terminated on the basis

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 is regulated by the Labor Code of the Russian Federation. If this procedure is not made on time, 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 according to objective reasons familiarize the employee with normative act fails, then the 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 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 of the employee’s dismissal, 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.

The procedure for signing a fixed-term employment contract, its cancellation and other significant circumstances are regulated in detail by the provisions of the Labor Code of the Russian Federation. According to the requirements of the law, signing a fixed-term employment contract is permitted only in special cases.

That is, the employer should not have an objective opportunity to enter into an open-ended agreement with the employee. In addition to concluding agreements, labor legislation contains a number of rules regarding the dismissal of employees who work under such agreements.

Dismissal under a fixed-term employment contract, Article 77 clause 2 or 79 clause 2

The law provides several reasons for this. The main ones are directly indicated in Article 79 of the Labor Code of the Russian Federation.

The specified reasons for dismissal should be described in more detail:

when the employee whose position he occupied returned to work temporary worker. TO similar situations may include replacing an employee who is on maternity leave to care for a child or a pregnant woman. Cases long illness the employee may also be subject to the hiring of a temporary employee in his place. If the main person goes to work, then the fixed-term employment contract ends and the person is subject to dismissal;
at the end of the period for which the person was hired. As a rule, in this case we're talking about about seasonal periods. When the relevant season ends, the temporary worker is subject to dismissal.

Therefore, Art. Art. 77, 79 of the Labor Code of the Russian Federation provide as grounds for termination labor relations either the occurrence of an event or the end of the agreement period.

Reasons for dismissal under a fixed-term employment contract

The legislation contains several rules that apply when terminating a relationship with a temporary employee. They should be specified in more detail:

the main reasons are reflected above and are expressly stated in the law;
with a temporary agreement, the employee is subject to all rules on work routine, discipline, work safety rules, and so on. In addition, he is obliged to perform his duties efficiently and ensure high performance of its activities. This means that if discipline and working conditions are violated, the employee may be dismissed under the relevant article of the Labor Code of the Russian Federation (dismissal is discussed in more detail). For example, in case of absenteeism or systematic failure to fulfill his duties, the employee will be fired;
Termination of legal relations with the employer is permitted by mutual agreement. In this case, the parties should not have claims against each other. Only in the absence of conflicts is it possible to terminate the relationship by consent. In this case, the parties can stipulate mutual conditions and are obliged to comply with them;
it is possible to terminate legal relations under a fixed-term contract and on the personal initiative of the employee. There could be a variety of reasons for this. But the employee has an unconditional right to this.

Thus, these legal relations are governed by the usual rules of law, which apply to other types of agreements.

Dismissal at your own request with a fixed-term employment contract

This reason is quite possible. But there are also restrictions for employees. They are required to notify their employer of the decision two weeks in advance. If the notification arrives later, the employer has the right not to dismiss the person and move the termination date further back.
Such a guarantee is necessary to find another employee for a vacant position.

Dismissal at the initiative of the employer

With a fixed-term employment contract, dismissal is also possible at the initiative of management. The reason is always a violation of discipline by an employee or low results his activities.
He may be systematically late or fail to meet production quotas. In this case, a violation must be recorded every time. And after recording, the person should be subject to disciplinary punishment.

Dismissal due to the end of a fixed-term employment contract

If the agreement sets a deadline for its completion, then it is considered terminated upon the arrival of this period. There is no need for additional notifications or negotiations. Termination of legal relations occurs automatically. This is a direct consequence of the law.
But the agreement can be renegotiated by agreement of the parties.

Notice period for dismissal under a fixed-term employment contract

Not only the employee, but also the employer has obligations. One of his responsibilities is the need to warn the employee about the termination of the relationship.

The law establishes such a mandatory period. It is 3 days. This period is counted until the date of termination of the legal relationship.

Calculation of compensation upon dismissal under a fixed-term employment contract

Compensation for leave under a fixed-term employment contract upon dismissal occurs if the agreement lasts more than six months. In this case, compensation for vacation that will not be provided should be calculated.

The calculation is based on the person's average monthly earnings. The average daily income is calculated and multiplied by 14. This is the number of days of possible vacation.

Sample letter of dismissal under a fixed-term employment contract

The Statistics Committee has developed a special form for such orders. It includes a number of mandatory details and provisions. This is the official form.

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

Is it possible. If the grounds on which the person was employed no longer exist, the woman may be dismissed. Moreover, when she commits disciplinary offenses, the agreement will also be terminated.

In addition, if the enterprise ceases to exist, then the legal relationship with the woman should be terminated.

Employees can be hired as per constant time, and for a limited period. In the latter case, fixed-term employment contracts are concluded between the organization (enterprise) and the staff. Article 59 of the Labor Code of the Russian Federation defines special criteria with which the legislation connects the possibility of signing fixed-term contract. When hiring personnel under such conditions, it should be taken into account that in the mentioned case the dismissal procedure has its own characteristics.

First of all, each party to the employment contract must have firm confidence that a fixed-term contract has been concluded with the employee. The requirements of Part 3 of Article 58 of the Labor Code of the Russian Federation regulate the following: if the text of such a document has not specifically specified the validity period (not identified Certain date termination), then the contract is not recognized as fixed-term. That is, it is assumed that it is issued for an indefinite period of time. At the same time, if the contract is recognized as unlimited, then its termination is possible only on the grounds set out in Chapter 13 of the Labor Code of the Russian Federation.

For the purpose of dismissal of personnel with whom fixed-term contracts were issued, a special rule is provided (namely, clause 2, part 1, article 77 of the Labor Code of Russia). However, its presence does not exclude the possibility of termination of obligations under a fixed-term contract by virtue of agreement of the parties or due to such grounds as ordinary personal desire.

Expiration of the employment contract

According to Article 79 of the Labor Code of the Russian Federation, employment contracts of a fixed-term nature are subject to termination due to the expiration of their validity period. Employees must be notified in writing of the impending occurrence of this circumstance no later than 3 days (calendar) before the actual dismissal. At the same time, the only exceptions are traditionally recognized only in situations where fixed-term contracts, issued while replacing absent specialists, expire.

Contracts that were signed for the period of performance of certain works are subject to termination upon completion. Contracts concluded for the duration of the duties of absent employees are terminated when such employees return to work. Contracts issued for the purpose of performing seasonal operations terminate at the end of the season.

Termination at the initiative of the employee

The procedure for terminating fixed-term contracts if there is initiative on the part of employees is similar to the rules for terminating contracts that were signed for an indefinite period.

The general requirements for these cases are established in Article 80 of the TKPF, which provides for the right to terminate employment relations with written warning to the employer no later than 2 weeks in advance. The calculation of this period begins with next day after the confirmed fact of receipt by employers of the resignation letter. Such confirmation can be received either in the form of a mark on the second copy of the application or in the form of a tear-off notification coupon. If the implementation of none of these options is possible, then the applications can be sent by employees as valuable registered items with an inventory of the contents and receipt receipts.

News with that legal norm Part 3 of Article 80 of the Labor Code of the Russian Federation stipulates that if employees submit applications for dismissal due to the impossibility of work (in particular, in connection with admission to study or retirement), the management of organizations is obliged to ensure termination of contracts on the day specified by specialists in statements.

Termination at the initiative of the employer

The reason for the termination of fixed-term contracts due to their expiration is in no way related to the initiative of employers. But such contracts can be terminated by employers before their expiration date. For this, a wide list of grounds outlined in Article 81 of the Labor Code of the Russian Federation can be used. In particular, the employing organization may dismiss an employee with whom a fixed-term contract was concluded in the following situations:

liquidation of the enterprise;
termination of work individual entrepreneurs;
inadequacy of specialists for their positions due to their low qualifications;
staff reductions;
identifying facts repeated failure to comply employees without valid reasons for official functions (if there are disciplinary action);
single gross violation by an employee official duties(in the form of absenteeism, showing up at work drunk, disclosing secrets protected by law, deliberate damage to property, theft, safety violations);
change of owners of the enterprise (in situations related to the dismissal of management and chief accountants);
commission of actions found guilty by specialists to whom goods and materials were entrusted;
making unfounded decisions by management and chief accountants that resulted in damage to the property of organizations;
commission of immoral offenses by specialists implementing educational tasks;
employees providing false documentation to employers when applying for a job.

Fixed-term contracts with the management of an organization can also be terminated on other grounds, which must be specified in the text of the contracts. In addition, Article 81 of the Labor Code of the Russian Federation stipulates the employer’s right to terminate contracts in other cases, namely:

in case of unsatisfactory test results during hiring (Article 71 of the Labor Code of the Russian Federation);
at twice a year gross violation charter teachers educational institutions(clause 1 of article 336 of the Labor Code of the Russian Federation);
when athletes are disqualified for a period exceeding 6 months (clause 1 of Article 348.11 of the Labor Code of the Russian Federation);
if athletes fail to comply with the current rules of the anti-doping system (clause 2 of Article 348.11 of the Labor Code of the Russian Federation);
when authorized entities make decisions aimed at terminating contracts with enterprise managers (Article 278 of the Labor Code of the Russian Federation);
upon removal from duties of managers of debtor enterprises in the event of bankruptcy proceedings (Article 278 of the Labor Code of the Russian Federation);
with proven use by teachers of unworthy methods of education (clause 2 of Article 336 of the Labor Code of the Russian Federation).

In addition, special legislative norms provide regulation of issues of termination of contracts at the initiative of employers in the Ministry of Emergency Situations, internal affairs bodies, government institutions etc.

Registration of termination

Competent execution of termination of fixed-term contracts involves the implementation of a number of procedures. So, the most important moment is a notice of termination of the contract, which the employer must give to the dismissed employee on time. In the absence of notification, the organization faces the risk of recognizing the contract as signed for an indefinite period (Part 4, Article 58 of the Labor Code of the Russian Federation). Therefore, the notification procedure must be implemented in writing no later than 3 days before the end of the contract. The notification is drawn up in two copies and signed by the manager or a special authorized person. The dismissed employee leaves his signature on the copy that remains in the organization.

The most important stage of registration is the issuance of an order to terminate the contract. The basis on which an employee is dismissed must be stated in such an order strictly as in the Labor Code of the Russian Federation, without changes: clause 2, part 1, article 77 of the Labor Code of the Russian Federation - expiration of the employment contract. The document must be certified by the signature of the manager, HR specialist and the company seal. The dismissed employee must be familiarized with this order against his signature. Such an order is issued no later than the last day of work of the employee with whom the fixed-term contract is terminated.

Application for termination at will

If an employee wishes to terminate a fixed-term contract, he must fill out a statement (warning) about this. This document compiled in any form. The will to dismiss must be confirmed by the employee’s signature. In such a statement, it is necessary to clearly and unambiguously indicate the date of dismissal (preferably without using the preposition “from” to eliminate discrepancies in determining the last working day).

Recording in labor

Based on the order to terminate the contract, employers must make an entry in a document such as the work book of the dismissed employee. It must reflect the basis, identical to the order, in accordance with which the dismissal is carried out: clause 2, part 1, article 77 of the Labor Code of the Russian Federation - expiration of the employment contract.

Entries made in work books, by virtue of clause 41 of the Decree of the Government of the Russian Federation No. 225 of April 16, 2003, must be certified by the signatures of personnel specialists and the seals of enterprises. According to clause 35 of the mentioned Resolution, as well as by virtue of Article 84.1 of the Labor Code of the Russian Federation, the provision of work books to dismissed employees by employers is ensured on the day that is the moment of termination of the contract.

The fact that these documents have been received by dismissed specialists is confirmed by their signatures on their personal cards and special books accounting for the movement of work books.

Calculation and payments upon termination

By virtue of Article 140 of the Labor Code of the Russian Federation, upon termination of employment contracts (including fixed-term ones), the transfer of all amounts due to dismissed employees from employers is carried out strictly on the day of dismissal. If the specialists did not work on this day, then all necessary payments must be made no later than the day following the date the dismissed specialists presented the corresponding demands for final payments.

If there is a dispute about the amount of payments, then in accordance with Article 140 of the Labor Code of the Russian Federation, employers have an obligation to pay the undisputed amount of funds within the mentioned period, including in terms of wages and compensation for unused vacation.

Payment of compensation to pregnant women

Upon termination of contracts urgent order With pregnant female employees, a number of features must be taken into account. By virtue of Part 2 of Article 261 of the Labor Code of the Russian Federation, an immutable principle applies in this situation: the contract must be extended until the end of pregnancy. According to explanations Supreme Court In the Russian Federation, contracts of an urgent nature are extended until the completion of the employee’s pregnancy, regardless of the reason for such termination (including abortions for medical reasons, miscarriages, birth of children).

If expectant mother resides in maternity leave, then the contract is extended until the end of the maternity leave. In this case, the following conditions must be met:

the pregnancy status must be confirmed by a medical document, which must be updated every 3 months;
a pregnant employee must confirm in a written statement her desire to extend the term of her employment contract.

It should be borne in mind that employers have only a week to dismiss, starting from the moment when they should have learned about the end of pregnancy of an employee hired under a fixed-term contract (if she continues to work after the end of the waiting period for the baby). If such an employee takes maternity leave, then she can be fired no earlier than the end of this leave.

If a pregnant employee takes a “maternity” position, replacing a temporarily absent specialist, then, by virtue of Part 3 of Article 261 of the Labor Code of the Russian Federation, she can be fired in the only case: when she refuses to move to other vacancies offered to her by the employer company. At the same time, such an employee must be provided with information about all vacancies available at the enterprise that correspond to her state of health and level of qualifications.

Pregnant workers who have entered into fixed-term contracts labor contracts, maternity leave must be granted upon their request, based on medical documents. In this case the following are subject to payment:

before birth - 70 (for multiple pregnancy - 84) days (calendar);
after childbirth - 70 (for health complications - 86, for multiple pregnancy - 110) days (calendar).

There are often cases when the duration of maternity leave increases significantly due to employees receiving sick leave certificates for Extra time. Employers, having received confirmed medical documents application for extension of maternity leave, have the opportunity to terminate a fixed-term contract no earlier than the next day after the end of the maternity leave. Moreover, according to the general rule, employers are obliged no later than 3 calendar days Before the end of the vacation, warn such employees about the impending termination of the contract.

Labor legislation provides for the conclusion of fixed-term contracts, their maximum period is five years. The termination point for a working relationship may be a specific date or a certain condition.. Most often, this condition is substitution full-time employee for some time. That is, after his return to the organization, the replacement employee will be relieved of his position, since there is no longer a practical need.

Termination of contract is regulated by Article 79 Labor Code.

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

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

An employment contract concluded for the duration of the performance certain work, terminates upon completion of this work.

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

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

When the designated deadlines come to an end, management is obliged to warn the employee in writing about the upcoming dismissal at least three days in advance. Otherwise, the employee may legally demand that the agreement be changed to an open-ended contract.

In the case of replacing an absent employee, written warning is not mandatory. This is explained by the fact that the event for termination (the return of a full-time specialist) is clearly and unambiguously stated in the original agreement.

The grounds for early termination of working relationships are contained in articles , , and 81 of the Labor Code. These documents describe the grounds for the employer and employee. In general, they follow the general logic - illness, non-compliance with working conditions, inconsistency with the position held, agreement between the parties, relocation, staff reduction, etc. good reasons will be considered significant enough to terminate the contract early.

Procedure

Written notification

The dismissal procedure, as noted above, begins with written notification to the employee three days in advance.. The text looks something like this:

We inform you, full name, that due to the end of the fixed-term employment contract, your dismissal will take place on June 10, 2017

The next stage is issuing an order to terminate the fixed-term contract. Familiarization with the order is carried out against signature. The text of the order contains:

Dates - termination dates fixed-term contract and date of dismissal.
Legal grounds for termination, as well as a reference to paragraph 2 of Article 77 of the Labor Code. You should also refer to the employee’s written notice of dismissal.
Work contract number.

On the last working day (on the day of contract termination) work book make proper entries. The notes indicate the reasons for termination of the contract and information about the order. Then the book is handed over to the employee.

What is required from an employee?

Do I need to write a resignation letter to the employee himself? In general, a special statement, as in the case of termination of work at one’s own request, is not required for dismissal due to the expiration of the contract. This role is fulfilled by written notification and order. The application will be required only in case of early termination of a fixed-term contract.

If everything is agreed upon with the employer, then Article 78 of the Labor Code of the Russian Federation should be taken as a basis, which allows the termination of the working relationship by agreement of the parties.

Article 78 of the Labor Code of the Russian Federation. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

The text of the statement then looks like this:

I ask you to dismiss me, full name, from the position of driver by agreement of the parties from 06/10/2017

Please note that when early termination the company may request a two-week work period.

Is it possible to fire a pregnant woman?

There are nuances when dismissing a pregnant woman. The legislation protects the rights of pregnant women and does not allow an employer to fire a woman until the end of maternity leave. The issue is regulated.

However, an organization can still terminate a working relationship with a pregnant woman in one case. If the contract was concluded to replace an absent employee, then upon his return to the staff, the contract may be terminated.

Conclusion

A fixed-term contract implies some special features during dismissal. If the agreed time arrives, the organization must notify the employee in writing about this. Otherwise, it will be legal to require the employer to transfer the contract to an open-ended one.