Notice of termination of a fixed-term employment contract: sample drafting

When is notification of termination of cooperation required?

There are several circumstances in connection with which the employer needs to prepare notices and inform subordinates about the upcoming dismissal:

• the employment agreement expires (short-term cooperation);
• staff reduction or liquidation of the organization (IP) is planned;
• the employee is dismissed at the initiative of the employer due to various circumstances, for example, he has not passed certification and is not suitable for the position held;
• There may be other reasons, for example, an employee who has been reinstated in court returns to the workplace.

A separate article 307 of the Labor Code of the Russian Federation is devoted to the specifics of terminating employment contracts with employers registered as individual entrepreneurs. It follows from it that individual entrepreneurs are obliged to notify subordinates about the end of cooperation only if this is stipulated in the employment contracts. As for the guarantees regarding the sending of notices of dismissal, stated in Part 1 of Art. 178 Labor Code of the Russian Federation, part 2, art. 180 Labor Code of the Russian Federation, part 2, 3 art. 296 Labor Code of the Russian Federation, Part 1, Art. 318 of the Labor Code of the Russian Federation, they are given to employees only if they are employed in the organization. The conclusion that individual entrepreneurs are not required to notify about the upcoming termination of an employment contract is confirmed by judicial practice (see paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2018 No. 15, Appeal ruling of the Supreme Court of the Altai Republic dated September 4, 2013 to case No. 33-647).

How to notify about the upcoming termination of an employment contract?

The notice is given in person and directly at the workplace. However, if the employee is not at work, then you can send a notice of termination of the employment contract by mail (Labor Code of the Russian Federation, Article 180).

Verbal notice has no legal force and is easily contested by the employee as an action resulting in wrongful termination. After studying the notice, the employee is recommended to sign in duplicate, leaving the recipient with only 1 option.

Nuances of notifying a remote employee:

1. the notification document is sent by email 2 months in advance, according to the general procedure for termination of the contract (Labor Code of the Russian Federation, Article 312.1);
2. the mandatory signatures of those being dismissed are not provided for;
3. a copy of the notification to the military registration and enlistment office about the dismissal of an employee is sent on the day of dismissal by registered mail (Labor Code of the Russian Federation, Article 312.5).

Labor Code of the Russian Federation Article 312.5. Features of termination of an employment contract for remote work

Termination of an employment contract for remote work at the initiative of the employer is carried out on the grounds provided for in the employment contract.

If a remote worker is familiarized with the order (instruction) of the employer to terminate an employment contract for remote work in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send the remote worker by registered mail with notification a duly executed copy of this order ( orders) on paper.

If the employee is a member of the trade union committee, then the employer must first send a draft order (Labor Code of the Russian Federation, Article 373) and copies of papers confirming the grounds for termination of the employment contract (bankruptcy, disciplinary action).

Within 7 days, a motivated opinion of the trade union committee is formed, which is sent to the company in writing. If there are no complaints, a notice is given to the employee. Letter delivery guarantees are higher when choosing a courier method of sending a notification.

If the executive body of a human rights organization disagrees, then additional consultations are held with the employer, the data of which is recorded in the protocol. Even in this situation, the employer may decide to dismiss the employee without the consent of the trade union committee, but in this case the case may be sent to the labor inspectorate. If an employee’s rights are violated, the authority has the right to reinstate him to his previous job.

Reference! Notice of dismissal is not considered valid if the employee does not sign the document.

https://youtu.be/M2xjajsqXRI

Notification in connection with termination of a temporary employment contract

In accordance with Art. 79 of the Labor Code of the Russian Federation, the employer is obliged to remind the temporary employee that their fixed-term employment agreement will soon expire. This must be done in writing (in the form of a notification) no later than 3 days before the last day of work specified in the contract. This period may not be adhered to when an invited specialist replaces a temporarily absent employee. If we are talking about termination of a contract for seasonal work, then there are also 3 days, but if the employer decides to liquidate for seasonal work, then it must be reported no later than 7 days before the actual dismissal of the subordinate (Article 296 of the Labor Code of the Russian Federation).

Notices of termination of a fixed-term employment contract can be found below. It must be remembered that the document is always drawn up in writing and must be signed by the manager or other authorized person. It must be drawn up in two copies, and on one of them - which will remain with the employer - there must be the employee’s signature confirming his familiarity with the notice.

If for some reason an employee cannot sign a notice of upcoming dismissal under a fixed-term employment contract, it must be sent by mail in a valuable letter with an inventory and receipt of receipt, having previously been registered in the outgoing correspondence journal. This will confirm the employer’s good faith if the employee wants to challenge the decision to dismiss.

In the event of dismissal due to the expiration of the contract, it does not matter when exactly the employee received the notice. The main thing is that it was directed. This follows from the established judicial practice (see the Appeal ruling of the Khabarovsk Regional Court dated September 18, 2015 in case No. 33-6154/2015, the Determination of the Supreme Court of the Republic of Khakassia dated September 22, 2011 in case No. 33-22482011).

Sample notice of termination of a fixed-term employment contract

A small digression about women. If, on the eve of the expiration of a fixed-term employment agreement, the employer finds out that an employee is pregnant, then she cannot be fired. But sending a notice is completely legal.

If you have a certificate confirming your pregnancy, you will have to continue working with her, unless the employee herself wants to leave. The contract can only be terminated after the birth. Until then, the employee must retain her job.

How to draw up an order to dismiss a conscript

The notice period depends on the conditions for termination of the contract, as well as on its duration.

If the termination of a fixed-term contract occurs while the employee is ill, then a notice of expiration is still sent to him, and the dismissal is formalized on the specified day. A fixed-term contract is not terminated only in one case, if the fixed-term contract is pregnant.

Women in this position cannot be fired until the end of pregnancy or until the end of maternity leave, if provided, and the employer is obliged to provide such leave to a pregnant conscript.

If, for health reasons, a woman cannot continue to cope with the work that she performed under a fixed-term contract, then she needs to be offered other jobs where she will be healthy enough to perform her job duties.

A fixed-term contract with a pregnant woman is terminated only if the woman herself wants it, or she is not suitable for the position she occupies, and there are no other positions in the company for her (or the woman is not satisfied with them).

We are terminating cooperation under an open-ended contract

The list of grounds for termination of a working relationship is contained in Art. 77 Labor Code of the Russian Federation. However, the notice period for termination of the employment contract will differ depending on the reason for which the employee is fired. For example, if the staff is being reduced or the organization is being liquidated, these circumstances must be notified no later than 2 months before the date of actual dismissal. If an employee fails the test, he is informed of the termination of the contract no later than 3 calendar days before the last working day.

Form for notice of termination of an employment contract

If an employee refuses to sign for receipt of a document, the employer draws up a report to record such refusal. It is advisable to sign it in the presence of at least two witnesses. The act must also be registered in the notification register, so that in the event of litigation there is evidence of compliance with all legal requirements.

How to correctly draw up a notice of termination of an employment contract with an employee?

There is no mandatory or recommended form provided by law for such a case. This means that the employer is free to write whatever he wants in the notice, but with an eye to what such a document should contain based on the interests of the parties. Logic dictates that the document should make it clear to whom it is addressed, by whom and what it is about.

For these reasons, it makes sense to include the following information in the text of the notification:

• name and details of the employer;
• Full name of the person being dismissed, the name of his position, if necessary - profession, category, rank, class, etc., the structural unit where he works, the number and date of conclusion of the employment contract, the employee’s personnel number - the more clearly identified the addressee, the better;
• name of the document - notice of termination of the employment contract;
• information about dismissal;
• planned date of dismissal;
• position, full name and signature of the responsible person;
• date of document preparation;
• a note indicating the employee’s familiarization with the date and his personal signature.

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The notice of dismissal is drawn up, like the employment contract, in two copies - one each for the employee and the employer.

Example of a notice of dismissal

The notice is signed by the head of the organization or a top manager replacing him during his absence. The procedure is identical to signing an employment contract and issuing various orders: on hiring, transfer to another position, dismissal, etc.

We inform about the dismissal of a foreigner

When it comes to an employee who comes from another state, employers need to be aware of some peculiarities. The notice of termination of an employment contract with a foreigner, prepared for the employee’s review, is no different from the samples given above. In addition, the employment service must also be informed about the upcoming dismissal if the employee is simultaneously studying at a state university, and also the Ministry of Internal Affairs authorities that deal with migration registration.

The employee refuses to terminate the employment relationship

Not wanting to terminate the employment relationship or based on other considerations, the employee may refuse to sign the document. The action of a staff member must be recorded on paper in the form of an act of refusal to sign.

The text of the act repeats the meaning of the notice, but the final part contains information that the dismissed employee was notified of the upcoming termination of the employment relationship, but refused to sign the notice.

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At the final stage of drawing up the act, several fields are created corresponding to the number of participant-witnesses (at least two) who put their signatures (with a transcript). It is also proposed to sign the dismissed employee.

Delivery is considered most difficult when the employee is on vacation, since the employee is not obliged to interrupt his vacation for this reason. The employer in this situation will have to wait until the person's first day of work to serve the notice. A similar procedure remains the same when the employee is on sick leave.

An additional reason is a violation of the Labor Code of the Russian Federation, which interprets dismissal while on sick leave or on vacation (except for leaving the company at one’s own request) as a discriminatory moment (Article 81).

Important! If there are several acts confirmed by witnesses, the court often takes the place of the employer who provided evidence of the fact of notifying the person. An exception is the unlawful dismissal of an employee.

Rules for issuing a notification

The legislation does not establish or propose a standard form for notification of termination of an employment contract for any reason.

From the requirements of legislation and legal practice, it is clear that the notification, in addition to the obvious details (full name of the employee, name of the organization), must contain:

• The position of the dismissed employee. This is important for the dismissal of an internal part-time worker under Art. 288 Labor Code of the Russian Federation.
• Details of the employment contract (number, date). It must be extremely clear which document is being terminated.
• The date of termination of the contract that meets the requirements for notice periods.
• The basis for termination of the contract in the form of a reference to a part and article of the Labor Code of the Russian Federation, as well as in words, is similar to the entry in the work book.
• Space for the employee's signature confirming familiarization.

The notice should be drawn up in two copies so that one with a mark of familiarization remains in the hands of the employer. Otherwise, the employee is given only a copy of the notice, and the original with the signature remains in the frames.

The notice can be drawn up in the form that is convenient for the originator. At the same time, the fact of the upcoming termination of the employment relationship due to the expiration of the fixed-term contract must be clearly clear from the contents of the notification paper.

The following details can be identified that are recommended to be included in the text of the notification paper:

• Information about the company (you can issue a notice on company-type letterhead);
• The position and full name of the conscript for whom the document is being prepared (this information can be shown in the upper right part of the form, where the details of the addressee of the document are usually indicated);
• Title of the paper and heading - you can specify any suitable phrase: “on the expiration of the employment contract.” “on termination of the employment contract” or other wording);
• Addressing the conscript by name and patronymic in a respectful manner, for example, “Dear Kirill Petrovich”;
• A warning that the contract with a certain number, concluded with an employee, is expiring, and therefore it will be terminated under clause 2, part 1, article 77 of the Labor Code of the Russian Federation, it is in this paragraph of the code that this basis is enshrined;
• The date of termination of the employment relationship is the day of dismissal, when the employee receives his work book and payment;
• Signature of an authorized person (director or other person authorized to certify such notification papers), it is not permitted to sign an information notice by an unauthorized person who does not have the right to certify such documentation;
• Introductory signature of the conscript.

In this case, the employee is given the opportunity to familiarize himself with the contents of the notice, after which he is asked to sign in the designated place at the bottom of the document. If the employee needs a copy, a photocopy is made of the signed notice and given to the notified employee. In practice, two copies are usually drawn up at once, the employee will sign on one and give it to the employer, and the second will be taken for himself.

In these cases, the employer receives confirmation of the fulfillment of the obligation under the Labor Code of the Russian Federation - the employee is aware of the expiration of the period of validity of the employment contract with him. Postal notification is used in cases where there is no possibility of a personal meeting with the worker.

For example, when on sick leave or when performing work functions in a geographically different location. In this case, you need to prepare a notification paper in advance and send it by valuable letter to the conscript. In this case, you need to take into account the travel time; it will take several days until the employee receives the letter. In this case, it is recommended to send notice in advance, taking into account the delivery time.

How long is a notification stored?

The completed notification form should be recorded in a journal, which will confirm the fact that this information paper has been prepared for the employee. The notification itself with the employee’s introductory signature should be filed in a folder specially designed for this purpose.

It is necessary to ensure the safety of the document in proper form so that if questions arise regarding the legality of the dismissal procedure and the employer’s compliance with the rules established by the Labor Code of the Russian Federation, the notice can be presented as a supporting document.

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).

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How to familiarize an employee with a notice of termination of an employment contract

The procedure for delivering notice of dismissal to an employee depends on the characteristics of the bureaucracy in a particular company. There is no strictly regulated procedure by law. Therefore, you must act as prescribed by internal rules.

A sample notice of dismissal with the employee’s signature confirming that he has read it at the bottom of the document

The main thing is that the document must bear the signature of an authorized official, that is, the manager or his deputy, to whom the relevant powers have been delegated. The fact of such delegation in this case will need to be confirmed by a separate document, for example, an order to transfer the functions of the first person to a specific top manager during the absence of the company’s general director - business trip, vacation, illness, etc., it is advisable to include this possibility in the company’s charter.

It is equally important that the document bears the employee’s signature confirming familiarization with it. But the option is also allowed when it is placed in a different place. For example, in a separate journal, if it is maintained at the enterprise and is provided for by internal regulations.

Typically such a log contains the following information:

• name and details of the document (number, date, etc.);
• Full name, employee position, structural unit;
• acquaintance mark;
• date of review;
• employee signature with transcript.

It doesn’t matter who hands the document to the employee. This could be a secretary, an office worker, a personnel service manager, an immediate supervisor, or the head of the company himself.

At enterprises where there is a personnel department (personnel service, HR department, etc.), the resolution of all personnel issues, including the delivery of various notices to employees, is usually the responsibility of them.

The author of these lines was once called to the HR department to sign a notice of non-renewal of a fixed-term employment contract. However, the decision to close the project and fire everyone who was involved in it, and the terms of our employment contracts were just ending, was announced by management at a planning meeting the day before. So the procedure for delivering notices against signature was taken for granted.

Situations also arise when the dismissed employee evades delivery of the notice or refuses to sign to confirm that he was familiar with it.

But this situation is not hopeless.

There are two possible scenarios:

1. Drawing up a report on the employee’s refusal to receive notice.
2. Sending the document to the home address of the dismissed person by mail.

The act must contain the following information:

1. Name - act.
2. Number and date.
3. Full name and position of the person being dismissed.
4. Time and place of the event.
5. A detailed description of the event - an attempt to serve the employee with notices and his refusal to sign for it. If the text of the notice was read out loud to the employee, this must also be reflected.
6. Full names and positions of direct participants and witnesses.
7. Signatures of the official who drew up the act and witnesses.
8. Can be certified by the seal of the organization.

However, theoretically, the employee can prove in court that the act was falsified. For example, present a sick leave certificate or other evidence that he was not at work at the time mentioned in the act.

Sample act of refusal to serve notice of dismissal. The document must be signed by the representative of the employer who compiled it and the witnesses.

A more reliable option seems to be to send the document to the employee’s postal address with a receipt receipt and a list of attachments. And even if he doesn’t show up at the post office for it, the law will already be on the employer’s side.

All you need to do is prove that the postal item was sent to the address that was at the disposal of the company at the time of sending. By default, this is the registered address of the place of residence. But it may also be the address of actual residence.

When I was the editor-in-chief of the newspaper, I always required employees to inform the editorial office about any changes in their contact information immediately after the fact: I moved from one apartment to another - let me know, etc.

This was due, first of all, to the need to find a journalist in various unforeseen situations. This obligation was formalized by an editorial order, under which each new employee signed when hired.

Termination of a fixed-term employment contract at the initiative of the employer

• Inability to continue working due to illness or disability.
• Serious illness of a close relative.
• Violation of legal requirements by the employer, failure to fulfill duties.
• Moving to another place of residence.
• Obtaining an elected position.

In practice, there are times when an employee is faced with a manager’s reluctance to terminate a contract even if there are good reasons. The employer categorically refuses to admit the illegality of his actions and does not agree with the dismissal of the employee. A way out of such a situation may be to contact the CCC or the judicial authorities.

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A fixed-term employment contract is a legal document concluded between two parties for a certain period of time. It is also the most common means of formalizing employment agreements between two parties—the employer and the employee. How to properly carry out the dismissal procedure under a fixed-term employment contract?

The creation of such a form of relationship as a fixed-term employment contract is caused by a need in which permanent or long-term relationships cannot be signed. The contract is valid until a specific date or lasts until the occurrence of the event specified in the document.

There are main grounds for terminating a contractual relationship:

• The permanent employee returned to the position occupied by the temporary employee under a fixed-term agreement.
• The deadline specified in the contract has arrived, in particular, the season for which the employee was hired has ended (Article 77 of the Labor Code of the Russian Federation).
• Mutual consent (Article 78).
• The desire of the employee (Article 80) or the initiative of the manager (Article 81).

Sometimes both parties continue the relationship despite the fact that the contract has expired. Typically, this happens under appropriate circumstances, for example, a permanent employee has not returned to his workplace by the time specified in the contract. Based on this, the reason for termination of employment obligations due to the expiration of the agreement loses legal force.

The dismissal procedure upon termination of the contract requires mandatory notice of 3 days. If the previous employee returned to work earlier, no notification is required.

The dismissal procedure follows the following algorithm:

• Warning about the end of relations between the parties to the contract.
• An order is issued.
• Familiarization with the order of the dismissed person.
• Filling out a work book.

The form is optional, but it must be on company letterhead

Unified form No. T-8

The employee’s own initiative to terminate the employment relationship can be satisfied if he notifies the employer two weeks before the date of dismissal.

If both parties have no claims against each other, the fixed-term contract is terminated before the expiration of the two-week period.

Example

Maryina A.P. worked as a personnel inspector in a private company under a fixed-term contract, during the maternity leave of a previous employee.

After two and a half months, she expressed a desire to terminate the contract in connection with moving to another city, where her husband (a military serviceman) had been transferred.

The company administration refused to satisfy the employee’s request, believing that the reason was not serious enough. Maryina was forced to go to court, which subsequently ruled in her favor.

An example of an application from an employee to terminate a fixed-term employment contract

The material and legal consequences for the employee depend on the wording

Immediately after an employee submits an application, it must be reviewed by management within three days. If you agree, a dismissal order is issued with the appropriate reason specified in the submitted application. The wording of the entry in the work book will be identical.

Calculation of payments

Maryina A.P. terminates a fixed-term contract with the employer at her own request. At the same time, one of the clauses of the contract specifies penalties in the amount of 10,000 rubles for terminating the contract without a valid reason (a list of reasons is attached). The monthly salary under the contract is 45,000, this month there are 22 working days, 14 units actually worked.

45000/22= 2045.45 - conditional wages for one working day;

2045.45 * 14 = 28,636.30 - salary of employee Maryina A.P. for 14 days;

28,636.30 – 10,000 = 18,636.30 - the final amount to be paid, taking into account penalties under the contract.

The employer may, at his own discretion, terminate his employment obligations before the end of the agreement in the following cases:

• Forced liquidation of the company.
• Staff reduction.
• If the temporary worker is not suitable for the position.
• Gross violation of the performance of official duties by an employee.
• When there is a change of founder, director, his deputy or chief accountant.
• Lack of discipline.
• When signing a fixed-term agreement, the employee provided deliberately false information and forged documents.
• Causing harm, material and moral damage to the company.

In any of the above situations, the employer must approach the dismissal procedure carefully and exclusively within the legal framework.

If, for example, an employee neglected his duties or violated discipline without good reason, he must first be punished (reprimanded). And only the next step is dismissal, and we must not forget that the reprimand is valid for only 1 year.

For legal dismissal, documents are required: an explanatory note, an official note, an act, an order to impose a penalty.

As for the category of minors, they are dismissed only with written consent from the commission on minors' affairs and the labor inspectorate. Without these documents, the employment relationship can be terminated early only if the company is completely liquidated.

Notice period for dismissal if the employee fails to complete the probationary period

Dismissal in this case is provided for in Article 77, paragraph 2 of the Labor Code of the Russian Federation, if neither party insists on continuing the contract. In this case, the employee must be notified of this 3 days before the expiration date of the contract (except for the case when the employee being replaced comes to work).

• the company is liquidated;
• there is a reduction in the number of employees in the company;
• the employee does not fulfill his labor obligations;
• the employee has accumulated a sufficient number of disciplinary violations;
• it was revealed that during employment the employee provided incorrect information about himself;
• the company suffered financially from the employee’s actions.

If neither party requested termination of the STD due to the expiration of its validity period, and the employee continues to work after the expiration of the STD period, it is considered to be concluded for an indefinite period. In this case, changes are made to the TD by concluding an additional agreement. On the contrary, no additional entries are made in the workbook. This position is set out in the Letter of Rostrud dated November 20, 2006 No. 1904-6-1.

An employment contract (EA) is the main document concluded between an employer and an employee. A fixed-term employment contract (FTA) is signed when it is impossible to establish an indefinite period. The maximum term of the STD is five years. If the contract specifies a longer period, the employee is considered to be hired for permanent employment.