Article 79. Termination of a fixed-term employment contract

Basic Concepts

A fixed-term agreement is drawn up only if the company does not need any services permanently. It is usually used to implement a one-time task or perform seasonal work. The fixed-term employment contract terminates after the employee has completed his duties. The contract can be terminated early at the initiative of the hired specialist or the owner of the company.

When drawing up this agreement, the requirements of the law must be taken into account, therefore the employer must study the following provisions of the Labor Code:

• Art. 58 of the Labor Code contains data on the obligation to specify the validity period in the text of the agreement, since otherwise it is considered unlimited;
• in ch. 13 of the Labor Code lists the general grounds on which labor relations between two participants can be terminated;
• Termination of a fixed-term employment contract after the expiration of the term is possible only if there are compelling reasons listed in Art. 77, 79 and 80 TK.

Depending on the reason for termination of cooperation, a decision is made to enter the necessary information into the work book.
A specialist can take out sick leave, and he receives payment calculated in the standard way, since the employer pays insurance premiums for him. Leave is not granted to employees engaged in seasonal work or working for less than two months. In this case, the term specified in the text of the agreement is taken into account. If the contract period exceeds 2 months, then for each month of work 2 days of rest are offered.

Dismissal procedure

To prevent the occurrence of problems associated with the dismissal of a person, the employer is obliged to act in accordance with this legislation and carry out the procedure in accordance with a certain algorithm:

• give the employee notice of the upcoming dismissal 3 days before expiration. If the employer does not send the employee notice within the statutory period and the person continues to perform his duties, then the fixed-term employment agreement automatically becomes an open-ended one.

It is important to know! If a fixed-term contract was concluded to replace the main employee, then there is no need to warn the person about the imminent expiration of the agreement. The contract is automatically invalidated when the first employee leaves.

• draw up a work acceptance certificate in two copies. When drawing up an act, it is permissible to use a unified form or a form specially developed at the enterprise. This document is only necessary if the person was hired to perform a limited scope;
• issue a dismissal order;
• familiarize the employee with the order against signature. After this, a copy of the document is filed in the person’s personal file;
• calculate the exact amount of payments due to the employee;
• make an entry in the employee’s personal card. Its wording must correspond to the reason for dismissal specified in the order - expiration of the term;
• leave an entry in the work book with a reference to clause 2. Article 77 of the Labor Code of Russia.

Sample entry in the work book about termination of a fixed-term contract

It is important to know! If the contract expires on a weekend or holiday, the procedure must be carried out on the first working day after it.

The dismissal of an employee will be fully completed after the transfer of all documents and the amount of money required by law. At the same time, the person is obliged to sign the personal card and work record book,

Procedure for terminating a fixed-term employment contract

The standard procedure is implemented after the end of the period established when concluding the contract. The following facts are taken into account:

• if the agreement was concluded to perform specific work, then after its completion the contract is terminated;
• if the document provides the exact time of work of the hired specialist, then during the specified period he will have to leave the company to make room for the absent employee;
• if a contract is concluded to perform seasonal work, then at the end of the season the person quits.

There is a definite answer to the question whether it is possible to terminate fixed-term employment contracts early.

Attention! This is only possible if there are compelling reasons if one of the parties to the relationship violates the main provisions of the contract. Moreover, if an employee does not fulfill his obligations under this document, he cannot count on a pre-agreed salary.

Reasons

According to the Labor Code, any working relationship is completely voluntary. Termination of a fixed-term employment contract is possible for various reasons. These include:

1. Employee initiative. If a person wants to change his place of employment, he can quit at any time. To do this, you do not have to report to the director or present him with any certificates or other documents. The process of terminating a fixed-term employment contract at the initiative of the employee is very simple. For this purpose, according to Art. 80 of the Labor Code, a hired specialist draws up an application addressed to the director of the company. He will have to work for 2 weeks, but employers often exempt citizens from this obligation. The employee can change his decision at any time.
2. Employer initiative. Sometimes company managers are not too happy with the way specialists cope with their responsibilities. But it is difficult for them to fire such workers. The procedure for terminating a fixed-term employment contract at the initiative of the employer begins only if there are compelling reasons, which are listed in Art. 81 TK. This is usually due to the fact that the employee cannot cope with assigned tasks, violates legal requirements or contract provisions, comes to work drunk, or damages other people's property. Such dismissal is most often challenged in court.
3. Agreement of the parties. If both participants in the labor relationship wish to terminate the fixed-term contract, then they draw up a corresponding document. It provides reasons for dismissal, compensation paid to the employee, as well as other important facts.
4. Expiration date. This reason is the most popular. The employee fully completes the tasks assigned to him, after which he receives a notification from the employer about the termination of cooperation. If this document is missing, the contract automatically becomes unlimited. A notice of expiration is given to the hired specialist 3 days before dismissal. It must be in writing.
5. Other circumstances. These include the arrest of an employee, loss of qualifications, deterioration of health, the occurrence of mental disorders, an accident or catastrophe.

In each situation, the correct actions must be taken by the head of the company.

Reasons for termination of the contract

In accordance with Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment agreement can be terminated if there is one or several reasons:

• expiration of the validity period, about which the manager is obliged to notify the employee in advance in writing;
• completion of the work for which the person was hired;
• the return to work of an employee in whose place a new person was temporarily hired;
• completion of seasonal work.

It is worth considering that the severance of the employment relationship can be made for other reasons, for example, at the initiative of the employer or the employee himself.

Read on topic: Early termination of a fixed-term employment contract

Termination of a contract with special categories of employees

Early termination of a fixed-term employment contract by an employer is used extremely rarely, since the owner of the company will have to prove the existence of objective and valid reasons. Particularly many difficulties arise when dismissing a specialist belonging to special categories of workers. These include:

• Pregnant women. For them, the contract period is extended for the period of maternity leave. A corresponding order is issued in advance, and an additional agreement is drawn up containing new terms. A woman must regularly bring a pregnancy certificate to the company.
• Minors. Termination of cooperation is possible only upon receipt of permission from the labor inspectorate and the commission for children's affairs. If the child himself is the initiator, then the standard procedure applies.
• Women with children under three years of age. The contract with them terminates upon expiration of the validity period. But it will not be possible to fire such an employee for violating the terms of the agreement.
• Pensioners. They are dismissed on a general basis, so no special conditions are offered for them. The only exception is that a pensioner can refuse to work within two weeks.

It is important to know! Regardless of who the initiative comes from, the dismissal procedure is carried out taking into account the requirements of the law, so the employer must remember the status of the employee.

Features of appeal in court

To appeal the dismissal in court, you will need to file a statement of claim.

You will also need to attach the following documents to it:

• a copy of the employment contract;
• certificate of salary;
• a copy of all pages of the work book.

It is also necessary to attach to the application other documents confirming the legality or illegality of the dismissal procedure.

Termination of an employment contract today is a fairly responsible procedure that has a large number of different nuances.

At the same time, it is necessary to comply with all of them without fail, since otherwise there is a high probability of litigation.

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Algorithm for termination of the contract

Most often, a fixed-term contract is terminated as a result of the expiration of the period specified in the text. Dismissing an employee requires certain steps:

• if the head of the company is not interested in continuing cooperation, then three days before the end of the contract, the employee is given a corresponding notice;
• on the last day of work the final payment is made to the employee;
• information is entered into the work book, after which it is transferred to the specialist.

If the employer does not take into account the requirements of the law, he will be held administratively liable. Therefore, the early unilateral dismissal of a hired specialist without good reason is often challenged in court.

Types of employment contracts

The main difference between employment contracts is their duration. In Soviet times, as a rule, it was not determined for what period an employee would start working. Contracts were concluded without a deadline.

Today this type is also the most popular. However, increasingly, the document regulating the relations of the parties includes a period after which these relations can be terminated. There are a number of important nuances here that require separate consideration.

Based on the duration, there are two types of employment contracts:

1. urgent;
2. unlimited

If we talk about the nature of labor relations, then we can distinguish a more extensive number of options:

• main: is concluded at the enterprise, which is the main place of employment for the employee;
• temporary: a period of no more than two months is established;
• part-time: when an employee has the opportunity to work at other enterprises. You should be aware that in some cases an employee of an enterprise does not have the right to part-time employment;
• for a season: when there is a need to perform certain functions within a documented time;
• performing functions at home;
• when the employer is an individual;
• performing functions in the Civil Service.

When establishing labor relations, it should be taken into account that the legislation provides a list of categories of persons to whom labor law norms adopted at the state level do not apply.

This:

• persons included in the board of directors;
• military personnel, if they perform their official duties;
• citizens whose work is based on civil contracts;
• persons for whom there are provisions of federal law.

An employment contract is something that needs to be taken extremely seriously. At its core, it is an internal law of the enterprise that regulates the activities of the employee and determines the responsibilities of the employer. It should become a guide to action for both the employer and the employee.

If the document does not take into account something important, for example, related to the employee’s duties, the employee will not be obliged to do something for which he did not sign. Just like the employer will not have to fulfill obligations that he did not give.

When concluding an employment contract, the parties must be extremely careful and take into account the specific situation and specific conditions.

Calculation procedure

Upon termination of the contract, the employer must pay the employee the required funds. These include:

• salary for the entire period during which the citizen worked;
• compensation for vacation if the specialist did not take advantage of his right to rest (money is provided only to people who work in the company for more than two months);
• severance pay if a specialist leaves under an agreement providing for this payment.

Attention! Employees must independently ensure that the calculations are correct, so that if their rights are violated, they can go to court or the prosecutor’s office. Additionally, they can ask for help from the labor inspectorate.

A fixed-term contract is used when a certain amount of work is performed. It can be terminated for various reasons, but only if the requirements of the law are taken into account. The employer must transfer the required payments to the employee and give documents. If an employee’s rights are violated, the director of the company is held accountable.

Legislative regulation

A typical agreement between a boss and a subordinate is considered an employment contract. Termination of an employment contract is regulated by Article 77 of the Labor Code of the Russian Federation . Article 79 of the Labor Code of the Russian Federation is devoted specifically to fixed-term employment contracts.

Read our article about what a fixed-term employment contract is.

When the issue of dismissing an employee is being decided, the first thing you need to do is check whether the contract period is specified . Otherwise, such a document is unlimited (part 3, article 58 of the Labor Code of the Russian Federation). At the same time, it can be terminated only on general grounds (Chapter 13 of the Labor Code of the Russian Federation).

In addition, the document must be concluded specifically on the grounds established by the Labor Code of the Russian Federation (Article 59) , otherwise it will be considered unlimited (Part 5, Article 58 of the Labor Code of the Russian Federation).