Dismissal under a fixed-term employment contract - sample notice of termination due to pregnancy, at the initiative of the employee or employer, during sick leave, entry in the work book, procedure

An employment contract is the main document concluded between the head of an enterprise and a candidate for a vacant position. If such a document does not contain a validity period, then such a contract is unlimited.

A fixed-term employment contract (FTA) is drawn up for a short period of time to perform temporary work. The maximum term of the STD should not exceed 5 years. If the contract specifies a longer period, this means that the person is registered on a permanent basis.

What is a fixed-term employment contract?

Content:

According to the Labor Code of the Russian Federation, an employment contract is a document in which the obligations of the parties and the rules of labor activity in the company are reflected between the person hired and the head of the company.

Obligations on the part of management include the creation of comfortable working conditions, based on the Labor Code and other regulations governing legal provisions, including timely payment of wages.

The obligations of a subordinate include compliance with the work regime at the company and labor discipline in accordance with the Labor Code of the Russian Federation.

An employment contract guarantees the rights of both parties, as it reflects the basic conditions governing the relationship between the parties. Its correct execution will provide assistance in avoiding lawsuits when conflicts arise.

Conditions for applying a fixed-term employment contract

The STD is a two-sided document that reflects the obligations between the job candidate and the head of the company, in accordance with Art. 58 Labor Code of the Russian Federation. This agreement, like any similar document, is required to display the essential information that is regulated by Part 2 of Article 57 of the Labor Code of the Russian Federation:

Place of work.
Functional responsibilities.
Start time of the working day.
Amount of remuneration.
Work order.
Compensation.
Nature of occupation
Conditions on compulsory social insurance, etc.

The contract may also contain other information that is of value to the parties. For example, responsibility, rights and obligations in case of severance of contractual relations.

The circumstances that serve as the basis for drawing up the STD include the nature of the future work, including:

Lack of regularity of work . This is an activity that cannot be carried out evenly on a daily basis over a long period of time (a quarter, a year, up to 5 years).
Seasonality of classes . This is a special activity associated with a small specific volume of work and climatically natural character, lasting up to 6 months (for example, harvesting, logging, timber rafting, transportation of goods during the navigation season, etc.)
Small amount of work . In this option, the limitation on the duration of the contract is the volume of work, and not the calendar date (for example, the construction of a specific facility).
Elimination of the consequences of emergency incidents (accidents, disasters, natural disasters, epidemics and other circumstances) . A type of employment contract related to the elimination of circumstances caused by unforeseen emergencies. As a rule, in such cases, a contract is drawn up to eliminate damage for a period of up to 2 months.

The basis for the completion of such agreements at the will of the administration is, first of all, the completion of the work reflected in the contract.

Main reasons for termination of STD

The action of the STD may be terminated for the following reasons:

The contract period has expired.
When the main employee appears at work, if a temporarily registered person replaced him, the contract is terminated from the moment the main specialist appears at work.
When performing work of a temporary nature, the contract terminates upon completion of such work.
The STD, signed for the performance of work of a seasonal nature, is terminated with the end of the season.

The STD can be terminated at the personal request of the temporary employee. At the same time, a co-worker who wishes to resign is obliged to notify management in writing 14 days in advance of his intention.

If, before the end of the working period, a replacement is found for the person being dismissed, then, by agreement of the parties, cooperation can be terminated in advance.

Persons who have entered into a contract for up to 2 months or for a season may terminate the contract by notifying management in writing 3 calendar days in advance.

Expiration of the STD

When the time for completion of the STD approaches, it is required to promptly and correctly notify the employee of its completion.
If such an action is not performed and the employee extends work, the contract will become unlimited (Part 4, Article 58 of the Labor Code of the Russian Federation). A written warning to a temporary employee about the termination of the contract, for the most part, is given 3 days in advance, except for the option when the contract was drawn up for the period of absence of the main employee (Part 1 of Article 79 of the Labor Code of the Russian Federation). Such an agreement loses force with the appearance of the main employee at work (Part 3 of Article 79 of the Labor Code of the Russian Federation).

A temporary contract signed for the performance of specific work is terminated upon completion of such work (Part 2 of Article 79 of the Labor Code of the Russian Federation). A similar procedure applies to seasonal classes (Part 4, Article 79 of the Labor Code of the Russian Federation).

The notice of completion of the STD must be signed either by the head of the company or by the responsible personnel officer appointed by management for this area of work. If the notification is signed by a person who does not have the authority to do so, the court may consider this notification unlawful and reinstate the expelled person at work.

The notice is issued in two copies: one for the manager, the second for the dismissed person. The manager's copy requires the employee to sign for receipt of the notice.

The fact of termination of a temporary contract is confirmed by an order in which the dismissed person also puts his signature.

When terminating the STD, the following must be taken into account:

If the date of termination falls during a person’s illness, then it cannot be postponed, and sick leave is paid until the dismissed person recovers completely.
When the scope of work reflected in the STD is completed, the date of completion of the contract is set to the day of complete completion of the established scope.
When concluding a CTD with a temporarily organized company, the labor relationship ends upon the liquidation of the company.
When replacing the main employee, the STD ends on the day he returns to work. There is no need to send notice to the employee.
When accepted for seasonal work, the STD expires at the end of the established time. Here, too, the manager is not required to send a notice to the employee.

Note : An employee who has entered into an expiring contract may not go to work at the end of the contract without submitting an application. The manager has no right to punish him for this. If management wants to extend cooperation with a person, he can invite him to fill out an application to the STD.

Sample and sample notification

The text of the document is formed in free form, and it is advisable to ensure the presence of the following details:

Information about the employer (you can issue a notification on letterhead with details);
Full name and position of the conscript in the genitive case at the top of the sheet;
Name and title of the document;
Number and date;
A polite address to an employee, for example, “Dear Evgeniy Alexandrovich!”;
Text in the form of a warning about termination of the contract under clause 2 of Article 77 of the Labor Code of the Russian Federation (the details of the contract are indicated);
Manager's signature.

It is also advisable to provide a place for the signature of the person to whom this paper is addressed. When delivering a notification document to a conscript, you must require him to sign in the designated place and indicate the date. This record will confirm the employee’s awareness and compliance by the employer with the required dismissal rules upon expiration of the employment contract.

If the employee does not want to sign, his refusal must be reflected in the notification itself in the presence of witnesses or a statement of refusal must be drawn up. If the notice is sent by mail, it is not necessary to obtain the employee’s signature; a postal receipt of receipt will be sufficient.

Example notification:

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Sample notice of termination of an employment contract

On agreement of the parties

The legislation provides for the termination of the STD if the employee warns about such a decision 14 days in advance (in some situations - 3 days in advance). This time is given to the manager to find a new person. At the same time, the STD can be terminated by agreement of the parties before the date of deduction if the employer finds a replacement. To do this, you must sign a written request.

At the initiative of the employee

The rupture of the STD at the initiative of the working person is carried out in accordance with Art.
80 Labor Code of the Russian Federation. A temporarily employed citizen has the right to resign at any time on a general basis by submitting a written petition addressed to the head of the company 14 days before the expected date of resignation. In a number of situations (for a contract of up to 2 months or for a season), the application is submitted no later than 3 days. If a colleague changes his mind about leaving the company during the service period, he can withdraw his resignation. The boss, under such circumstances, does not have the right to expel a person unless a new person is hired in his place by way of transfer (Part 4 of Article 80 of the Labor Code of the Russian Federation, Part 4 of Article 64 of the Labor Code of the Russian Federation).

By agreement with his superiors, a temporary subordinate may leave the company by agreement of the parties.

At the initiative of the employer

Termination of a contract with a temporary subordinate at the will of the company administration is possible according to the general provisions regulated in Article 81 of the Labor Code of the Russian Federation.
This method of terminating contact is most often disputed in the judicial authorities, as well as in the labor inspectorate and the prosecutor's office. Therefore, when terminating such a contract, management must complete all the necessary steps for the legal dismissal of a subordinate. Article 81 of the Labor Code contains 14 points on the basis of which a manager can dismiss a subordinate by completing all the steps to formalize such dismissal and without violating the Labor Code of the Russian Federation.

So, for example, if an employee fails to cope with his functions, shows up late for work or comes to the workplace in a drunken state, the manager has the right to dismiss such a violator, having correctly recorded these circumstances.

Termination of the contract for certain groups of employees

Pregnant women. Employers can fire pregnant women only if the organization is liquidated. If the contract has expired, the woman can write an application for its extension, and the employer is obliged to give a positive decision.

Minor citizens. Employees who are not yet eighteen years old cannot be fired. The only exceptions are the liquidation of the enterprise and the decision of the commission dealing with the affairs of minors. Upon dismissal, the general procedure is followed.

Foreign citizens. A fixed-term work contract cannot be concluded with non-residents.

Dismissal due to independent circumstances

Termination of the STD can be carried out due to the occurrence of various events, including the following:

Issuance of a court decision on criminal punishment, as a result of which it is impossible to continue working.
Loss of the right to work in a particular field of activity.
Physical or mental inability to perform job duties.
The occurrence of an emergency, including a catastrophe, accident, natural disaster, etc.
Death of an employee or owner of the company.
Administrative disqualification.

Any deduction for the above items must certainly be reflected in documents. In all situations, an order is issued showing the grounds in accordance with the law.

Dismissal of a pregnant woman under a fixed-term contract

The rupture of STD with a pregnant woman has a number of features. According to the general provision: such a contract must be continued until the end of the pregnancy. If the employee has received maternity leave, the agreement is extended until its completion (Part 2 of Article 261 of the Labor Code of the Russian Federation).

At the same time, the following requirements must be met:

The employee is required to provide a medical certificate confirming her pregnancy.
The employee is required to submit a written request to continue the fixed-term agreement.
If the contract was continued until the end of the pregnancy, the woman must, at the request of the manager, bring an updated pregnancy certificate every 3 months (it is recommended that the request be made in writing).
If an employee returns to work after pregnancy, the employer can fire the employee within a week, no later.
If an employee goes on maternity leave after giving birth, her manager will be able to terminate the STD on the day the leave ends.
If a pregnant woman is registered at the maternity rate of an absent employee, then the STD with her can be terminated when the main employee appears at work under the following circumstances (Part 3 of Article 261 of the Labor Code of the Russian Federation): the pregnant employee does not want to be transferred to vacant positions. At the same time, the institution is obliged to offer all vacancies that correspond to the qualifications of the employee and her state of health, regardless of the size of the salary (less or more).

Documents grounds for drawing up an order

To prepare administrative documentation, documentary evidence is required. If a dismissal order is drawn up due to the expiration of a fixed-term contract, such confirmation is the following documents:

Notification of the employer about termination of activity;
A clause in a fixed-term contract that indicates the moment at which it expires.

An application from an employee for dismissal due to the expiration of an employment contract is not required. The details of these documents are written in the corresponding line of the order.

How to write an application for termination of a fixed-term employment contract

When submitting a written request for termination of the STD, it is necessary to follow certain rules that correspond to business official letters:

The application can be filled out manually or printed on a standard A4 sheet.
On the right side of the page at the top, fill in the “header” of the document. The manager's position, company name and full name are displayed here. boss
Then the position, structural department and full name of the requester are recorded.
Next, the title of the form “application” is displayed.
Below is the text of the request. Here, usually, the text begins with the word “Please ...” and a request is displayed indicating the date of dismissal, and also, if you need to quit urgently, you must display a valid reason. If you want to leave the company, you must express this desire “of your own free will.” The application must be submitted 2 weeks before the planned date of resignation.
After filling out the main part of the form, the applicant is required to display the date the application was filled out and personally sign, indicating the surname.

Note : If the date is not displayed in the request, the boss will determine it independently, and it may not be the one the applicant expects.

Finally, you need to check your essay for errors and, if any are identified, rewrite the form (corrections in the application are not allowed) and submit it to the manager or person responsible for incoming documentation.

It is advisable to draw up the application in 2 copies so that, upon registration, the applicant’s copy will have a mark on the date of acceptance of the application. This is necessary for insurance in case of controversial issues.

If the STD is signed for a period of up to 2 months, then in this option the request is submitted 3 days before the termination of cooperation (Article 292 of the Labor Code of the Russian Federation). The same notification time (3 days) applies to citizens employed in seasonal work (Article 296 of the Labor Code of the Russian Federation).

When the period of validity of the STD expires, the employee does not need to write a statement. Here, management is obliged to notify the employee about the upcoming rupture of the STD (Article 79 of the Labor Code of the Russian Federation) and then issue an order to terminate it.

Note : An employee who has submitted a request to terminate a fixed-term contract has the right to cancel his request on any day of service if a person has not already been hired in his place by way of transfer.

Features of dismissal upon expiration of the employment contract

An employment contract concluded by the parties for a certain time terminates after the end of the period. Under such contracts, seasonal personnel are hired, people to carry out repairs or replace the main employee who is temporarily unable to perform his duties. Despite the fact that the person does not work permanently, the company is obliged to dismiss him from his position in compliance with the established rules.

Before the start of the dismissal procedure, the citizen is sent a notice of the expiration of the employment contract. The entire process is regulated by the provisions of the Labor Code of the Russian Federation. Termination is carried out under Article 77. This is a general basis that is not attributed to the initiative of one of the parties.

Attention! An employer who fails to send a notice of termination of the document on time risks acquiring a permanent employee. The contract is renewed automatically in this case.

Expiration of the contract

Dismissal upon expiration of the employment contract is one of the legal grounds for termination of cooperation with a citizen. It is extremely important for management to notify the person and issue an order in the T-8 form. After this, all employment relationships between the individual and the company are completely terminated. When the contract ends:

The employee fully fulfilled his obligations.
One of the paragraphs indicates the exact date.
The probationary period has ended and the person has failed the test.
Seasonal work has come to an end.
The key worker has returned to his professional duties.

The termination of the employment agreement is the dismissal procedure. Depending on the reason, a period is set within which the employer sends a notice to the citizen. If this is a way out of a woman’s maternity leave, then it is enough to give a notification for 24 hours. In other specified cases, the person must receive the message at least 3 days in advance.

Dismissal procedure

Dismissal upon expiration of the employment contract is carried out under Article 77 of the Labor Code of the Russian Federation. It is this that is indicated as the basis in the work book. In the process of dismissal, the employer is obliged to comply with the algorithm established by law. The procedure will be as follows:

Send notice of termination of employment at least 3 days in advance. This requirement directly follows from the provisions of Article 79 of the Labor Code of the Russian Federation. Compliance with written form is mandatory. The notice shall indicate the end of the working day, as well as the reason. One copy with the employee’s signature remains in the personnel department, the second is handed over or sent by mail to the citizen.
Drawing up a dismissal order in the T-8 form. The form is unified, so it is unacceptable to use another one. It indicates the full name of the employee, what position he is leaving, and the reason. It is signed by the manager and the former employee himself, who must familiarize himself with the documents.
Registration of a labor record. It also indicates the termination of the employment contract upon expiration as a reason. The mark made is certified by the head of the organization and must be signed and sealed.
Payment of full payment. After reading the order, the former employee receives the documents and the rest of the salary. In addition to this, compensation due by law is also issued.

Compliance with the dismissal procedure will protect the company from possible litigation. Therefore, the personnel service and the accounting department are required to take into account the deadlines for sending notifications established by law.

Example of an order to terminate a fixed-term employment contract

The previous sections of this article listed possible causes of STD rupture. For any of these reasons, the manager is required to issue an order to terminate the relationship. The order is issued on a special unified form No. T-8.

This order displays the reason for the termination of the STD with reference to an article of the Labor Code of the Russian Federation and displays the basis for its publication.

After approval of the order, the dismissed person must sign it, indicating that he is familiar with its contents.

Based on the order, the relevant structures of the institution prepare payroll and a minimum package of documents, including a work book, to hand all this over to the person being dismissed on the final day of work.

Example of an order

Appeal against illegal dismissal

If, after the expiration of the employment contract, the employee continues to come to work, and the company has not taken any measures to fire him, the agreement should be considered indefinite. The employer can “remember” the end of the contract later and use this reason to dismiss him from the position, but such actions will already be considered illegal.

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After being hired, a person can be dismissed only on the grounds prescribed in Articles 77-84 of the Labor Code of the Russian Federation. If the calculation is incorrect, they protect their rights as follows:

Write a complaint addressed to the head of the organization with justification and references to violated labor law standards. It is advisable to get a response from the company, but if there is no response within 10 days, you should move on.
File a complaint with a trade union, subject to membership or availability.
Send an appeal to the labor inspectorate, with a detailed explanation of the situation, attaching a copy of the claim and contract, evidence of violation of the procedure for its termination. A specially created commission will conduct an inspection, and if the alleged misconduct on the part of the legal entity is confirmed, it will oblige the company to reinstate the employee in his position and pay him the due compensation.
In parallel with the appeal to the labor inspectorate, you can send a request for an inspection to the prosecutor's office. They will also give their opinion after the trial.
Violated rights can be restored in court. To do this, a statement of claim is drawn up, to which all available evidence and responses from government bodies are attached, and then sent to the authority for consideration.

Advice! When going to court, you should remember the procedural rules. Therefore, it is advisable to contact a lawyer specializing in labor law. With its help, you can competently draw up a complaint and achieve a positive decision.

Payments and compensation for termination of STD

All types of payments upon termination of the STD are exactly the same as upon dismissal of an employee working on a permanent basis.
The opinion that when applying for a fixed-term contract, after dismissal, benefits and payments are less than when resigning on an open-ended contract is erroneous. The legislation of the Russian Federation (Article 58 of the Labor Code of the Russian Federation) stipulates that when concluding employment contracts, both fixed-term and open-ended, the same conditions are prescribed. Article 59 of the Labor Code of the Russian Federation displays questions that relate to the conditions for concluding a joint agreement with a potential subordinate.

Article 127 of the Labor Code regulates that if a contract is concluded for a period of more than 2 months, then compensation is calculated in the same way as for an open-ended contract. This means that accruals will be made for all days worked with compensation for unused vacation days. Article 291 of the Labor Code reflects the rules for accumulating paid leave, which are equal to 2 days of rest per month worked.

Thus, for any type of resignation and regardless of the type of contract concluded, the manager, in accordance with regulations, is obliged to provide the following payments to the resigning person:

Salary for time worked.
Compensation for unused vacation days.

Additional payments can be accrued if they are indicated by the trade union in the collective agreement or in the employment contract. In addition, payments are made depending on the circumstances, in the amount of up to 3 months’ salary, if the departing employee registered with the labor exchange and did not find a job within 2 weeks.

Below is a table showing the payouts when a CTD is broken.

What does a notice of dismissal look like?

According to the regulations, the name of the place of work is not indicated, since it is stated in the previous entry. The serial number of the entry is immediately entered. In accordance with the dismissal order, a similar dismissal date is written - the last day of work.

In the column with information about work, it is necessary to note only the basic wording, which reflects the norms for terminating employment relations within the framework of a fixed-term contract. Accordingly, the phrase may contain the following content: “Dismissed due to termination of the employment contract...” Then a reference to the norms of the Labor Code is required (for example, based on clause 2, part 1, article 77 of the Labor Code). Abbreviations in the names of legislative acts, for example, the Labor Code of the Russian Federation, are prohibited.

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

When termination occurs before the expiration of the contract, other articles related to the initiative on the part of the employee or employer must be specified. The grounds for dismissal at the request of an employee are specified in Article 80, for the employer - Art. 81.

Sample entry into employment notice for voluntary dismissal

Sample entry in the work book about dismissal for non-compliance with the position held

In the latter case, making changes is no different from those made in relation to permanent employees. After the entry is made, you must enter one of the confirmation options:

employer visa;
visa of an authorized person.

In both cases, the surname, initials and position of the person filling out the book are indicated. In addition, when the document is handed over to the employee, the line below is signed by the person who hands it over.