The procedure for terminating a fixed-term contract. Is it possible to terminate a fixed-term employment contract ahead of schedule

Hello! In this article we will tell you about the termination of a fixed-term employment contract (hereinafter - STD).

Today you will learn:

1. When the STD terminates at the request of one of the parties;
2. In what form is the notification of the termination of STD carried out;
3. When the contract is terminated early without the will of the parties.

When the STD stops automatically

This happens in the following cases:

1. Its validity period is about to expire. The employer must notify the employee of this fact in advance. The end date should be no more than 3 days.
2. One of the following circumstances occurs:

• The work is being completed, the actual period for which will eventually be equal to the duration of the contract (it is planned to work on deforestation, which will end when the planned volume is cut down, in this case it is impossible to foresee a specific period in advance, etc.);
• An employee whose duties were temporarily performed by someone else goes to work (for example, a woman who was on maternity leave returns to work, after which with her substitute employee labor Relations stop);
• Completion season ends certain types work (this condition is most often encountered in the process of harvesting or the extraction of natural resources, for example, while the weather remains warm, as a result, the season is short or long).

In addition to the above cases, there is a procedure for terminating a fixed-term employment contract upon the appearance of an initiative from either party.

A STD that does not comply with the law may be subject to legal transformation and turn into an unlimited term.

The procedure for terminating the STD on the initiative of the employee

Termination of a fixed-term employment contract planned by the employee must be accompanied by a warning to the employer 2 weeks before the date of leaving.

Otherwise, the termination of a fixed-term employment contract at the initiative of the employee is carried out in general order... However, there is an exception that applies if the total duration of the relationship does not exceed 2 months.

If you have a base from the first group, you need to prepare a package mandatory documents who recorded a disciplinary offense. Usually, an official check is carried out or a special act on the employee's disciplinary offense is drawn up. After a document certifying the fact of a serious violation has been prepared, you can issue a dismissal order.

As for other circumstances, in the occurrence of which the employee is not guilty, then by general rule the employer notifies the employee 2 months in advance. Some fixed-term employment contracts are subject to a special procedure. When working in a certain season, such notification is made 7 days before the date of termination of the contract, and if the planned term of employment does not exceed 2 months, then you can notify in just 3 days.

Other cases of termination of STD

Termination of STD occurs due to the onset of various events, among them such as:

• The imposition of a criminal penalty, the execution of which interferes with the performance of the labor function;
• Loss of the right to work in a particular field of activity;
• Physical or mental loss of ability to perform job duties;
• Offensive emergency, including natural disasters, catastrophes, accidents and more;
• Death of an employee or employer;
• Administrative disqualification.

Any dismissal due to the above circumstances must be documented. In all cases, an order is issued indicating the relevant legal basis.

Notice of termination of a fixed-term employment contract

Notification of the termination of a fixed-term employment contract is usually sent only in writing, regardless of whose initiative it occurs. The best way to do this is in writing.

1. If an employee leaves for on their own, then it will be easiest for him to write a statement, on a copy of which the secretary of the organization will put a mark of acceptance, indicating the date of the application. This copy will be evidence of compliance with the notification procedure and subsequent termination of the contract.

Alternatively, you can notify of dismissal by a separate document - a letter, and write a statement closer to the date of departure. In practice, however, it is less convenient.

2. If the dismissal process is organized by the employer, then the employee must sign the text of the dismissal notice in time, statutory... The notice clearly states the legal basis for the dismissal and a reference to the article of the law. Each of the parties receives a copy of such a document in their hands.

Early termination of a fixed-term employment contract

Early termination of a fixed-term employment contract is possible for 2 conditional types of reasons:

1. The relationship is terminated if one of the parties wishes;
2. Events occur that will inevitably affect the ability to fulfill the terms of the contract.

It should be remembered that the STD is not terminated by the will of the employer if the employee is a pregnant woman.

Settlement with an employee

It is necessary to make the calculation on the last day of work.

The employee is paid all compensation due, including wage, compensation for the vacation that he did not have time to use.

Currently, the issuance of cash at the cash desks of organizations is almost not practiced. Usually, the accounting department makes the corresponding transfers to the employee's bank account.

Sometimes the settlement is made with a delay of several days, due to the peculiarities of the banking system.

V modern Russia a fixed-term contract in labor law means special kind an agreement concluded between a company or a person-employer and his future employee. The term of such an agreement cannot exceed a five-year milestone, while the date of completion of the employment relationship or the expected final result is clearly recorded in the text of the document. Termination of a fixed-term employment contract on the initiative of the employee takes place in accordance with the current edition of the Labor Code.

However, this situation has some unobvious moments and "pitfalls", knowledge of which is very useful for those who are going to write a statement "of their own free will", working on the basis of a fixed-term employment contract. This material discusses the intricacies of the termination procedure for a fixed-term employment contract initiated by the employee.

As mentioned above, labor law in Russia does not recognize fixed-term contracts between an employee and an employer if they specify a term exceeding five years. Accordingly, any contract that contains an incorrect expiration date is indefinite.

For example, the parties put their signatures on the agreement in March 2018, and they plan to finish their employment agreements in December 2024. From the point of view of the legislator, such an agreement should be considered indefinite - with all the ensuing consequences.

Typical examples of work in which a fixed-term contract is concluded

Urgent labor contract is for a period of up to five years. According to established practice, the following are among the most common reasons for signing this type of contract:

• all kinds of seasonal work (agricultural, fishing, etc.);
• preparatory stages at the start of production (start-up, commissioning and other operations);
• the release of a new specialist to replace a permanent employee who left for a certain period of time, for which he should remain workplace(for example, in the case of maternity leave);
• entry into an elective office with a prescribed period for the exercise of the assigned powers.

As a general rule, fixed-term contracts terminate upon the occurrence of the date specified in them or upon the achievement of the result specified in the text of the document. However, due to various reasons, the parties may terminate the employment relationship without waiting for the X-day.

In what situations can an agreement be terminated prematurely?

Based on the provisions enshrined in the articles of the Labor Code of the Russian Federation, it is possible that labor relations may be terminated before the expiration of the originally stipulated terms for a number of reasons:

• by agreement of both parties;
• at the initiative of the authorities;
• at the personal request of the employee.

The subtleties and details of the first two points are given in Articles 77, 78 and 81 of the Labor Code. At the same time, the nuances of termination fixed-term contract moved to a separate article - it was assigned number 79.

We have described the subtleties of terminating a fixed-term employment contract after the expiration of the term. The procedure for dismissing an employee, grounds for termination of the contract and analysis judicial practice... Extracts from labor law and sample documents are attached.

Why can an employee terminate a fixed-term contract?

The main difference between a fixed-term employment contract and an unlimited one is the presence in the text of the first end date of the period for which the person becomes an employee of the current employer. For the rest, these two forms of employment contract are not significantly different from one another.

Accordingly, the legislator considers the termination of a fixed-term contract as a separate, but practically similar general practice procedure. The difference here lies only in a few details, the most important of which we will dwell on in more detail below.

As for the reasons, guided by which an employee can start the dismissal procedure of his own free will, they can be very different: from valid and force majeure to a spontaneous decision. In any case, these actions will fall under the provisions of Article 80 of the Labor Code of the Russian Federation, which refers to the termination of the contract between the employer and the employee on the initiative of the latter.

Thus, the legislator recognizes that a fixed-term employee has the right to terminate employment with his current employer. Strictly speaking, a person who wants to break a fixed-term contract is not obliged to give any explanation for his decision. He is only required to fulfill a number of conditions prescribed by the provisions of labor legislation.

The procedure for dismissing an employee on a fixed-term contract of his own free will

The only obligation imposed on a person who decides to terminate an urgent agreement without waiting for the date agreed upon when signing it is to give advance notice of such an intention.

In situations where the agreement is concluded for a period of two months and for a longer period of time, the employee is responsible for informing the management of the desire to stop working two weeks before the planned date of termination of the contract. If we are talking about a contract originally calculated for less than two months, it is enough to notify three days in advance.

At the same time, representatives of the employer have no legal right to prevent the early termination of the current contract. The employee who announced the dismissal and supported this with an appropriate statement continues to refine the days required by law and receives a full payment on the last day. Moreover, in practice, there are often situations when the employer does not insist on this “work off” and is ready to part with the employee in a shorter time than specified in the law.

Reasons why an employee may leave early

The Labor Code cites several points as reasons that may serve as a basis for terminating a fixed-term contract at the request of an employee. It should be emphasized that the law lists the main, but not all, options. That is, this list is not exhaustive and closed.

Table 1. Situations that can become a reason for dismissal of their own free will

Article TC	Cause
79	The period for which the current employment agreement was calculated has expired
72.1	The employee does not agree to move after the employer to another area
75	The company has changed its management or reorganized
72.2	Refusal of an employee to move to a new position offered to him
72	Changes to the terms of the employment contract that do not suit the employee
77	Other arguments relevant to a fixed-term employee

The employee may not argue at all in the statement "on his own" his decision. However, if he has a desire to quit without the work required by the law, and the boss is not inclined to allow him, the reason will still have to be documented. Upon providing the necessary papers and certificates, the agreement is considered terminated by agreement of both parties.

How to correctly write a statement of your own free will?

Statement on behalf of hired worker, bound by a fixed-term contract and wishing to terminate it, is typical for the generally accepted workflow. It necessarily includes an indication of the full names of the parties between whom this agreement is concluded, the text itself with a request for early termination of employment, as well as the date and personal signature the person submitting the application.

The question - whether to indicate or omit the indication of the reason that prompted the person to terminate the contract early - is left to the discretion of the author of the application. Let us recall that the number of days that he will have to work after filing an application to the employer may directly depend on what arguments the employee will resort to.

Upon receipt of this application, the employer's representative responsible for HR administration, is obliged to issue an order on the dismissal of the employee in accordance with the provisions of Article 80 of the Labor Code. The submitter of the application confirms the fact of familiarization with the order with his personal signature.

An important point! An employee who has declared a desire to terminate a fixed-term contract, according to the law, has the right to revoke the application paper on any of the days of compulsory work. If the boss did not have time to take a new employee to the place of the resigning employee at that time, the applicant retains his position and continues to work. Roughly speaking, it is believed that he never filed for termination of the contract. A refusal to cancel the leave paper can be given only upon signing a full-fledged employment contract with a new employee.

What is the risk of termination of the contract on the initiative of the employee?

As already emphasized above, all days of working off the status of the employee who wrote the application is no different from the ordinary employee. He still fulfills all the labor duties assigned to him by the employer, since each day of this work will be paid to him in full upon receipt of the payment.

The days of compulsory service are counted from the day following the date of filing the application. The date of early termination of a fixed-term contract is not the day when the employee signed the order on own dismissal, and the day of his last release for detention. It is then that a person is handed a work book, where a corresponding entry is made in advance. Then already former employee receives a full payment in the accounting department of the ex-employer.

In the event that on the final day of working off all the above procedures were not done, and the employee does not stop fulfilling his job duties, this situation is quite considered as a refusal to dismiss. This, in turn, may lead to the recognition of the application filed earlier, canceled.

Obviously, the time frame is an indispensable condition for a fixed-term employment contract. The logical conclusion from this thesis is the following: a party initiating an early termination of a contract of this type is considered responsible for potential disruptions to the terms prescribed in it. However, any claim of this nature can be ignored if the employer agrees to this.

If the employer has claims against the employee, they must be sorted out with the participation of the labor commission. After the end of this stage, the case can be given a course in court, if the parties do not come to a compromise.

Tips for those who accept the option of early termination

Specialists in labor disputes recommend, before concluding a fixed-term contract, to carefully study the entire text of the contract and to substantively spell out each item that affects the mutual obligations of the future employee and his employer. This precautionary measure will help to identify moments that can subsequently be interpreted as violations of the terms of the fixed-term contract being signed.

This disclaimer primarily applies to professional athletes. According to article 348.12 of the Labor Code of the Russian Federation, the termination of a fixed-term contract for them may be fraught with the payment of a serious penalty to the employer, if there is no good reason to terminate the contract.

All other participants in labor relations do not face similar costs in a similar situation, however, they should also think over all actions in advance - and only then voice the decision on the early termination of the contract with the wording “on their own”. Ideally, the possibility of terminating a fixed-term employment contract should be foreseen even before the signatures of the employee and employer are put under it.

Video - Grounds for termination of an employment contract

In custody

The current legislation of our country is focused on protecting the interests of both employees and the second party to the labor contract. Therefore, in situations with an early termination of labor relations, wide room for maneuver is given to both parties, who at one time sealed this document with their own signatures.

According to generally accepted practice, it is believed that if a person decides to resign of his own free will, no one will interfere with this. The employer may try to keep valuable employee by increasing his earnings or by promising other improvements, but the choice will ultimately remain with the author of the statement. As a kind of pause for making a final decision, the legislator has provided for compulsory working off. However, it can also be neglected if the employer does not intend to keep the resigning person longer than necessary.

Termination of a fixed-term employment contract

The expansion of the scope of application of fixed-term employment contracts is caused by objective reasons for the development of the economy. The rules for regulating the conclusion, amendment and termination of fixed-term employment contracts are contained in various sections and chapters of the current Labor Code. However, in practical application often fall out of sight of those to whom they are addressed. The author of the article conducted a study of innovations in labor legislation, and also highlighted gaps and contradictions regarding the regulation of the termination of fixed-term employment contracts.

The range of issues under consideration

Labor legislation has not yet developed a single term to denote the simultaneous conclusion, amendment, suspension and termination of an employment contract. Therefore, as a working term, we had to use the term "validity of an employment contract", although one cannot but agree that a better terminology is certainly possible.

The problems of concluding fixed-term employment contracts in the legal literature are raised quite regularly, and changes and suspensions of fixed-term employment contracts generally do not differ from changes and suspensions of contracts with an indefinite period, therefore, it makes sense to focus on the problems associated with the termination of fixed-term employment contracts. It is worth noting that the change in such a condition of a fixed-term employment contract as its term also fits within the framework of the stated topic.

A fixed-term employment contract, as a rule, ends in connection with the expiration of the term specified at its conclusion.

Part 2 of Art. 79 of the Labor Code of the Russian Federation provides that an employment contract concluded for the duration of a certain work is terminated upon completion of this work. Part 3 of Art. 79 of the Labor Code of the Russian Federation establishes that an employment contract concluded for the duration of the performance of the duties of a temporarily absent employee terminates with the release of this employee to work. Part 4 of Art. 79 of the Labor Code of the Russian Federation indicates that an employment contract concluded for the performance of seasonal work during a certain period (season) terminates at the end of this period (season).

However, modern labor legislation provides for other options. Early termination and early termination of such an agreement is possible. In the first case, this happens regardless of the will of the parties to the employment contract, in the second case - at the will of one of the participants or by their agreement. Transformations (or, if you will, "transformations") of fixed-term employment contracts into contracts with an indefinite validity are possible.

The Labor Code of the Russian Federation unambiguously interprets the concept of extending a fixed-term employment contract precisely as an extension of the term of an existing labor contract (Articles 261, 332 of the Labor Code of the Russian Federation). Finally, part 1 of Art. 338 of the Labor Code of the Russian Federation in relation to employees sent to work in representative offices Russian Federation abroad, it is envisaged to renegotiate an employment contract for a new term.

Termination of an employment contract due to the expiration of the term

The expiration of the term of an employment contract is a special ground for its termination. V scientific literature considerations were expressed that the expiration of the term of the employment contract should be attributed to the grounds for dismissal, independent of the will of the parties. Other authors, on the contrary, argue that the basis for termination of a fixed-term employment contract is the agreement of the parties. However, the legislator firmly stands on the position of highlighting the expiration of the employment contract as a special basis for its termination. Moreover, in the event of termination of a fixed-term employment contract, the parties are provided with special guarantees to protect their rights and legitimate interests. These special guarantees include special terms:

Written warning about the termination of the employment contract;

Features of the implementation of the right to annual paid leave;

The possibility of replacing a fixed-term employment contract with an agreement with an indefinite period, etc.

The procedure for terminating an employment contract in connection with the expiration of its term is provided for in Art. 79 of the Labor Code of the Russian Federation, which has undergone some changes in connection with the adoption of the Federal Law of June 30, 2006 N 90-FZ. Leaving aside the disputes of labor law theorists about whether the legislator acted correctly by changing the title of the article from "termination of a fixed-term employment contract" to "termination of a fixed-term employment contract", let us focus on the most significant innovation for us.

From judicial practice. The decision of the panel of judges overturned the decision of the Kholmsk city court in the case of R.'s claim against LLC "A". Refusing R.'s claim, the court referred to the fact that labor relations with her could not be established for an indefinite period, taking into account the nature of the work ahead and the conditions for its performance, since the LLC and its branch operated on the basis of a small cannery leased under a contract from 01.11.1997, which has expired. After the expiration of the contract, R., who was accepted by the fish processor, was dismissed. However, the court made such a conclusion without proper verification of the factual circumstances of the case. The court did not take into account the fact that neither at the conclusion of the contract, nor in the order on the employment of R. for work, the term of her work was not associated with the term of the lease of the cannery. In the case, there is no data confirming the expiration of this contract on the day the plaintiff was dismissed.

Terms of warning the employee about the upcoming dismissal

Now the employer's obligation to notify the employee about the termination of the fixed-term employment contract (in writing at least three calendar days before dismissal) has been adjusted as follows: "except for cases when the term of the fixed-term employment contract concluded at the time of the absent employee's duties expires." In these cases, the employer is relieved of the obligation to give written notice. Logically, this should be so, but the absence of this exception in the previous edition gave rise to different interpretations of the specified norm and could lead to labor disputes. To avoid conflict situations personnel services it is advisable to clearly fulfill the requirements of Part 1 of Art. 79 of the Labor Code of the Russian Federation.

K. applied to the court with a claim against the society for reinstatement at work, referring to the fact that he was dismissed at the end of the term of the contract unlawfully. The Oktyabrsky District Court, resolving the dispute, concluded that the employer had no legal grounds for terminating the employment contract with the plaintiff, on the following grounds.

K. was hired for a certain period due to the fact that the work performed by the organization required an annual license, and workers involved in the protection of facilities were hired for the period of the license. These actions of the employer were in accordance with the requirements of the law. At the same time, during the term of the fixed-term employment contract, the plaintiff, with his consent, was transferred to another position without limiting the transfer period, and the court regarded this transfer as the basis for classifying the fixed-term labor contract concluded with K. as contracts extended for an indefinite period.

It seems that this position of the court is erroneous and is not based on the evidence presented and the requirements of the substantive law, because regardless of the position held, the employment contract was of an urgent nature, and the parties did not make changes to the employment contract regarding the term.

In addition, in similar situations, one should take into account the fact that the employment contract is concluded precisely when the employee is hired and it is at this stage of the legal relationship of the parties that its conditions are negotiated. Subsequently, according to Art. 9 of the Labor Code of the Russian Federation, regulation of labor relations can be carried out by the parties by means of amendments and additions in writing to an employment contract already concluded by them.

It should be noted that prior to the adoption of the 2001 Labor Code of the Russian Federation, the mechanism for terminating a fixed-term employment contract, including the rule on a written notice of dismissal, was not provided for in Russian labor legislation. This explains some imperfection of legal formulations. Without a clear definition of the legal consequences of non-compliance with this norm, this norm loses all meaning. This has been rightly pointed out by many specialists in the field of labor law. The authors of the collective monograph "Course of Russian Labor Law. Vol. 3. Labor Contract" in this matter adhere to the most radical point of view. Their position is formulated as follows: "Obviously, in cases where a notice of dismissal was made in less than three days or not at all, the employee has the right to challenge the order of dismissal, and the court, if there are no grounds for reinstating the employee at work, should accordingly change the date of dismissal, and the period for which the employment contract was extended due to the postponement of the date of dismissal is payable in the amount of average earnings. " It seems that this is how the text of Art. 79 of the Labor Code of the Russian Federation.

So, Art. 79 of the Labor Code of the Russian Federation contains a general rule on the period of notice of dismissal upon the expiration of the term of the employment contract. This period must be at least three calendar days... Therefore, any reasonable warning period in excess of three calendar days is determined by the employer. A warning about the dismissal of an employee who has been accepted for the duration of the duties of an absent employee (for example, who is on parental leave until he reaches the age of three) is not provided for by law. However, it is not specifically stipulated how to warn an employee who has been hired for the duration of a known job, when its completion cannot be determined by a specific date. Apparently, according to the opinion of the legislator, in this case there should be a general rule on the written warning of the employee at least three calendar days before the dismissal. It is unlikely that such a norm seems to the employer to be fair, although from the point of view of the employee it is the general norm that should apply.

Some doubts arise regarding the interpretation of Part 2 of Art. 307 of the Labor Code of the Russian Federation, which regulates the procedure for terminating an employment contract with an employee working for an employer who is an individual. Part 2 of this article establishes: "The terms of the notice of dismissal, as well as the cases and amounts of severance pay paid upon termination of an employment contract and other compensation payments are determined by the employment contract. "

It would seem that this implies that the employment contract may provide for other periods of warning about the dismissal of an employee upon expiration of the term of the employment contract. However, two circumstances are confusing.

First, part 1 of Art. 307 of the Labor Code of the Russian Federation says that "in addition to the grounds provided for by this Code, an employment contract with an employee working for an employer who is an individual may be terminated on the grounds provided for by the employment contract. Hence, it is concluded that the terms of notice of dismissal, cases and the size of the payment of severance pay and other compensation payments established by agreement of the parties (labor contract) relate only to the grounds for dismissal provided for by the labor contract. "

Secondly, Art. 347 of the Labor Code of the Russian Federation, which regulates the termination of an employment contract with an employee of a religious organization, contains similar norms, but the wording of this article clearly excludes double interpretation. Part 1 of Art. 347 of the Labor Code of the Russian Federation establishes that "in addition to the grounds provided for by this Code, an employment contract with an employee of a religious organization may be terminated on the grounds provided for by an employment contract." But here is Part 2 of Art. 347 contains the following wording: "the terms of warning an employee of a religious organization about dismissal on the grounds provided for by the labor contract, as well as the procedure and conditions for providing these workers guarantees and compensations associated with such dismissal are determined by the employment contract. "

Apparently, the will of the legislator in both cases - and in relation to workers employed in employers' organizations - individuals, and in relation to employees religious organizations- was aimed at achieving the same goal, that is, expanding the boundaries of contractual regulation upon termination of an employment contract, taking into account the specifics of these categories of employers. If so, then the wording of Art. 307 of the Labor Code of the Russian Federation should be brought in line with the wording of Art. 347 of the said Code. If the legislator was nevertheless guided by different approaches, then in relation to Art. 307 of the Labor Code of the Russian Federation, clearer wording should be used.

Warning form

As already noted, the warning of the employee is carried out in writing. This is the requirement of Part 1 of Art. 79 of the Labor Code of the Russian Federation, however, the form of such a document is not established by law. From time to time, a discussion arises among labor lawyers: which in this case is preferable - written notice on the upcoming dismissal with an indication of the term or an order from the manager to terminate the employment contract with an indication of a specific date. I believe that both are permissible. It all depends on the characteristics of the employee, employer or other factors affecting differentiation legal regulation their labor. For example, upon expiration of the term of the employment contract of a university teacher, he is usually offered to take part in a competition for filling the same position that he occupies in accordance with the expiring employment contract. We will consider the question of the legality of such an action further, in this case something else is important: in the text of the order on dismissal, such a proposal is hardly appropriate. It is clear that in such a situation the employee usually receives a notice of termination. But if, for example, a fixed-term employment contract of an employee sent by the employment service for public works ends, it is enough to issue a dismissal order. So, the choice of one or another written form of notice of dismissal in connection with the expiration of a fixed-term employment contract must be determined by the employer himself.

Offering another job to an employee

The employer is obliged to make such an offer only in relation to one category of employees - pregnant women, whose labor contract was concluded during the performance of the duties of the absent employee and expires during the period of their pregnancy. This obligation of the employer and the procedure for its implementation are provided for by Part 3 of Art. 261 of the Labor Code of the Russian Federation. According to the requirements of the law, "it is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the performance of the duties of the absent employee, and it is impossible with written consent women to transfer her before the end of pregnancy to another job available to the employer (as vacant post or a job corresponding to the qualifications of a woman, and a vacant lower position or lower-paid job) that a woman can perform, taking into account her health condition. In this case, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if provided collective agreement, agreements, labor contract ".

Obviously, if the woman agrees to the transfer, a new employment contract is not concluded, but by concluding supplementary agreement in the old fixed-term employment contract, some of its conditions are changed (on the labor function, place of work, the duration of the employment contract).

The right to leave upon dismissal due to the expiration of the term of the employment contract

As practice shows, usually both employees and employers do not take into account that the right to annual paid leave or compensation for it is also available to employees whose employment contract is less than six months. In accordance with Art. 291 of the Labor Code of the Russian Federation, employees who have entered into an employment contract for a period of up to two months are provided with paid leave or compensation paid upon dismissal at the rate of two working days per month of work. According to Art. 295 of the Labor Code of the Russian Federation, employees engaged in seasonal work are provided with paid vacations at the rate of two working days for each month of work.

It is not clear how to provide paid vacation or compensation for it if the term of the employment contract is more than two and less than six months, but the work is not seasonal. If the term of the employment contract is six months or more, then the length of service is sufficient for the provision of annual paid leave. If the term of the employment contract is less than two months, the norm of Art. 291 of the Labor Code of the Russian Federation. Rule Art. 295 of the Labor Code of the Russian Federation applies only to seasonal work. Seasonal work in accordance with Part 1 of Art. 293 of the Labor Code of the Russian Federation "works are recognized that, due to climatic and other natural conditions, are performed within a certain period (season), not exceeding, as a rule, six months." Apparently, the legislator will have to fill the existing gap in the law. Until that time, it is possible to solve this problem by introducing appropriate provisions into collective agreements and agreements, local regulations or employment contracts.

The procedure for exercising the right to paid leave upon dismissal of an employee is provided for in Art. 127 of the Labor Code of the Russian Federation. According to this article, upon dismissal, the employee is paid monetary compensation for all unused vacations... At the written request of the employee, unused vacations can be provided to him from subsequent dismissal(except in cases of dismissal for guilty actions). In this case, the last day of vacation is considered the day of dismissal. In the event of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may be granted even when the vacation time in whole or in part exceeds the term of this contract. In this case, the last day of vacation is also considered the day of dismissal.

Prolongation of a fixed-term employment contract

The employer's obligation to renew a fixed-term employment contract is provided for by law only in certain cases.

In the first case, we are talking about the expiration of the term of the employment contract during the pregnancy of the woman, unless her employment contract was concluded for the duration of the duties of the temporarily absent employee. In accordance with Part 2 of Art. 261 of the Labor Code of the Russian Federation "in the event of the expiration of a fixed-term employment contract during a woman's pregnancy, the employer is obliged, upon her written application and upon providing a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. termination of pregnancy is obliged at the request of the employer, but not more often than once every three months, to provide a medical certificate confirming the state of pregnancy. the term of its validity within a week from the day when the employer learned or should have learned about the fact of the end of pregnancy. "

So, the extension of a fixed-term employment contract for a pregnant woman is possible only if the following conditions are met:

A fixed-term employment contract was not concluded for the duration of the performance of the duties of the absent employee;

A written application from the woman with a request to extend the term of the employment contract is required;

A medical certificate must be provided confirming the state of pregnancy.

"Renewal of a fixed-term employment contract" means that a new fixed-term employment contract is not concluded, and the term on the term of its validity is changed in the original text of the fixed-term employment contract by concluding an additional agreement. In this case, the rule of Art. 72 of the Labor Code of the Russian Federation: "Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement on changing the terms of the employment contract determined by the parties is concluded in writing."

The second case is provided for by Part 8 of Art. 332 of the Labor Code of the Russian Federation, which regulates the specifics of concluding and terminating an employment contract with employees of higher educational institutions. When an employee is elected through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract, a new employment contract may not be concluded. In this case, the term of the fixed-term employment contract with the employee is extended by agreement of the parties, concluded in writing, for a specified period of not more than five years or for an indefinite period.

With regard to rectors, vice-rectors and heads of branches (institutes) of higher educational institutions, the same Art. 332 of the Labor Code of the Russian Federation for some reason contains a different construction - "extension of the term of office". Part 13 of Art. 332 of the Labor Code of the Russian Federation reads: "On the proposal of the Academic Council of the state or municipal higher educational institution the founder has the right to extend the term of office of the rector until he reaches the age of seventy years. "Part 15 of article 332 of the Labor Code of the Russian Federation states that" upon the proposal of the academic council of a state or municipal higher educational institution, the rector has the right to extend the term of office of vice-rector , the head of a branch (institute) until they reach the age of seventy years. "

Apparently, the extension of the term of the employment contract and the extension of the term of office are not the same thing. "Extension of the term of office" can act both as an extension of the term of a previously concluded employment contract, and as its renewal.

Note. From the review of the Arkhangelsk Regional Court

K. was dismissed from the position of boiler-room driver under Art. 79 of the Labor Code of the Russian Federation at the end of the heating season. The Mezensky District Court, while correctly reinstating the plaintiff at work, indicated the following. The plaintiff was hired for the heating season. According to Part 1 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded for the duration of seasonal work, however, according to Art. 293 of the Labor Code of the Russian Federation, seasonal work is recognized as work that, due to climatic and other natural conditions, is performed within a certain period (season) not exceeding 6 months. The heating season in the Far North, as can be seen from the evidence presented to the court, lasts 9 months. a year or more. In such circumstances, the employer did not have sufficient grounds to conclude a fixed-term employment contract with the plaintiff and, as a consequence, legal grounds to terminate it under Art. 79 of the Labor Code of the Russian Federation.

As emphasized in the review of judicial practice, not only those circumstances that are associated with the expiration of the term of the employment contract, but also those that confirm the legality and validity of the conclusion of a fixed-term employment contract, are proved to the circumstances to be proved on this basis for dismissal, since according to Art. Art. 58, 59 of the Labor Code of the Russian Federation, an employment contract for a specified period can be concluded only if there are sufficient grounds for that, and if the term of its validity is not stipulated in the employment contract itself, it is considered concluded for an indefinite period.

Renewal of a fixed-term employment contract

In this case, we are talking about the conclusion of a new fixed-term employment contract after the expiration of the previous one.

Prior to the adoption of Federal Law of June 30, 2006 N 90-FZ, the Labor Code of the Russian Federation did not really provide for such a design. Clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" contained the following provision: of labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period. "

V new edition of the specified Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2, this provision is reproduced without changes. However, it should be borne in mind that the Plenum of the Supreme Court of the Russian Federation has in mind only cases of concluding fixed-term employment contracts for a short period to perform the same labor function, and a fixed-term employment contract can be recognized as concluded for an indefinite period only by a court.

As already mentioned above, the possibility of renegotiating a fixed-term employment contract is provided for by Part 1 of Art. 338 of the Labor Code of the Russian Federation: "An employment contract is concluded with an employee who is sent to work in a representative office of the Russian Federation abroad for a period of up to 3 years. At the end of the specified period, the employment contract may be renewed for a new term."

Transformation of a fixed-term employment contract into an indefinite contract

Part 4 of Art. 58 of the Labor Code of the Russian Federation provides that "in the event that none of the parties demanded termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of the employment contract, the condition of the urgent nature of the employment contract becomes invalid, and an employment contract is considered concluded for an indefinite period. " In Russian labor law, this norm has existed for a long time, but practically does not work. Even if the employer makes a mistake, and the employee wants to take advantage of it, the employee will most likely have to defend his right in court.

In fact, such transformations of fixed-term employment contracts into contracts with an indefinite term under Russian labor law are possible not only upon termination of a fixed-term employment contract, but also during its validity period. Part 5 of Art. 58 of the Labor Code of the Russian Federation establishes that "an employment contract concluded for a specified period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period." "Sufficient" grounds for concluding a fixed-term employment contract, as you know, are listed in Art. 59 of the Labor Code of the Russian Federation.

That is, on the indicated grounds, the parties can conclude both a fixed-term agreement and an agreement with an indefinite period.

The principles that guided the legislator in distinguishing these two groups of grounds are set out in Part 2 of Art. 58 of the Labor Code of the Russian Federation. A fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature of the job ahead or the conditions for its performance, or rather in the cases provided for in Part 1 of Art. 59 of the Labor Code of the Russian Federation. In the cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation, an agreement of the parties is possible when drawing up a fixed-term employment contract without taking into account the nature of the work ahead and the conditions for its implementation.

The position of the Supreme Court of the Russian Federation on this issue is expressed very clearly in clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2: be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance, in particular, in the cases provided for in part 1 of article 59 of the Labor Code of the Russian Federation, as well as in other cases established by the Code or other federal laws.

In accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation in the cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded without taking into account the nature of the work ahead and the conditions for its implementation. It should be borne in mind that such an agreement can be recognized as legitimate if there was an agreement between the parties, that is, if it was concluded on the basis of the voluntary consent of the employee and the employer.

If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by an employee involuntarily, the court shall apply the rules of the contract concluded for an indefinite period. "

Since the law does not establish any restrictions, the employee, apparently, can go to court with a claim for recognizing a fixed-term employment contract concluded without sufficient grounds for that both during the term of the fixed-term employment contract and after dismissal due to the expiration of the employment contract. In the second case, most likely, a demand for reinstatement at work will be made.

Early termination of an employment contract

In the science of Russian labor law, the term "termination of an employment contract" includes both the termination of an employment contract without the participation of the will of its parties (that is, the employee and employer), and the termination of an employment contract due to the will of the parties (jointly or separately).

Early termination of a fixed-term employment contract is currently possible, perhaps, for all general grounds for termination of an employment contract, provided for in Art. 77 of the Labor Code of the Russian Federation.

In the Labor Code of the Russian Federation, the legislator uses a single concept of "labor contract", without highlighting particularly urgent labor contracts and labor contracts concluded for an indefinite period. In this case, we are talking about the following articles:

Art. 78 of the Labor Code of the Russian Federation "Termination of an employment contract by agreement of the parties";

Art. 80 of the Labor Code of the Russian Federation "Termination of an employment contract at the initiative of an employee (at his own request)";

Art. 81 of the Labor Code of the Russian Federation "Termination of an employment contract at the initiative of the employer."

This means that the provisions of these articles are equally applicable for contracts concluded for an indefinite period and for fixed-term employment contracts.

Clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 (as amended of December 28, 2006 N 63) states that "when considering disputes related to the termination of an employment contract by agreement of the parties (Clause 1, Part 1, Article 77 , Article 78 of the Labor Code of the Russian Federation), the courts should take into account that in accordance with Article 78 of the Labor Code of the Russian Federation, upon reaching an agreement between the employee and the employer, an employment contract concluded for an indefinite period, or a fixed-term employment contract may be terminated at any time within a specified parties ".

And yet it seems more correct right in the text of Art. Art. 78, 80 and 81 of the Labor Code of the Russian Federation refer to the fact that these grounds for terminating an employment contract, the terms of notice of dismissal, guarantees and compensation apply to fixed-term employment contracts.

As a rule, in the event of termination of a fixed-term employment contract, the general rules apply, that is, the same as when terminating an employment contract concluded for an indefinite period. At the same time, the Labor Code of the Russian Federation also contains special rules governing some cases of early termination of a fixed-term employment contract for certain categories of employees. The introduction of such special norms is associated with the special nature of the work of some workers and the need to protect the interests of the parties to the employment contract.

Early termination of the contract on the initiative of the employee

Usually, in case of early termination of a fixed-term employment contract at the initiative of the employee (of his own free will), the general rule of Art. 80 of the Labor Code of the Russian Federation about the need to notify the employer in writing no later than two weeks. However, the Labor Code of the Russian Federation provides for other terms for certain categories of workers.

Article 280 of the Labor Code of the Russian Federation establishes that the head of an organization has the right to terminate an employment contract ahead of schedule, notifying the employer (owner of the organization's property, his representative) in writing no later than one month in advance.

Part 1 of Art. 292 of the Labor Code of the Russian Federation obliges an employee who has entered into an employment contract for up to two months to notify the employer in writing three calendar days in advance of early termination of the employment contract.

Part 1 of Art. 296 of the Labor Code of the Russian Federation provides that an employee engaged in seasonal work must warn the employer about the early termination of the employment contract three calendar days in advance.

In accordance with Art. 348.12 of the Labor Code of the Russian Federation, an athlete, a coach have the right to terminate an employment contract on their own initiative (at their own request), notifying the employer about this in writing no later than one month, unless the employment contract is concluded for a period of less than four months. Obviously, if the term of the employment contract of an athlete or coach is from two to four months, the general rule of warning at least two weeks in advance should apply, because there is no reason to consider such an agreement a contract for seasonal work.

The question arises, do these workers have the right to withdraw their letter of resignation in the period before the expiration of the warning period? Since the Labor Code of the Russian Federation passes on this issue in silence, it can be assumed that the right to withdraw the application from these employees should be retained.

The wording of the order for the dismissal of such workers and the entry in work book should contain references to the above articles of the Labor Code of the Russian Federation, and not to clause 3 of part 1 of Art. 77. Ye.A. Ershov that it is necessary to change the current edition of clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation to the following: "Termination of an employment contract on the initiative of an employee (Articles 80, 71, 280, 292, 296 ...)".

It is also interesting to note that as a result of the adoption of the Federal Law of 28.02.2008 N 13-FZ "On Amendments to the Labor Code of the Russian Federation" in our labor legislation for the first time there was a provision on monetary payment in favor of the employer in the event of termination of the employment contract on the initiative of the employee ( of their own free will) without good reason... This norm is provided for by Art. 348.12 of the Labor Code of the Russian Federation and applies to those athletes who have a similar condition in their employment contract. However, such a condition may not be included in the athlete's employment contract. Since in accordance with Art. 348.2 of the Labor Code of the Russian Federation, athletes can conclude both contracts for an indefinite period and a fixed-term employment contract, the norm also applies in case of early termination of a fixed-term employment contract of an athlete.

Early termination of the contract on the initiative of the employer

For employees who have entered into a fixed-term employment contract, there are usually general rules termination of the employment contract at the initiative of the employer. Exceptions are provided for employees who have entered into an employment contract for a period of up to two months, and employees engaged in seasonal work. For them, there are special periods of notice of dismissal in connection with the liquidation of an organization, a reduction in the number or staff of employees, as well as a different procedure for the payment of severance pay.

Note. For employees who have entered into an employment contract for up to two months, and those who are employed in seasonal work, there are some features related to the timing of the notice of dismissal and the procedure for paying severance pay.

Part 2 of Art. 292 of the Labor Code of the Russian Federation obliges the employer to notify an employee who has entered into an employment contract for up to two months about the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least three calendar days.

Part 3 of Art. 292 of the Labor Code of the Russian Federation establishes that an employee who has entered into an employment contract for up to two months, severance pay upon dismissal, it is not paid, unless otherwise established by federal laws, a collective agreement or an employment contract. Obviously, we are talking about all cases when, in accordance with Art. 178 of the Labor Code of the Russian Federation, an employee is entitled to severance pay and other compensation payments upon dismissal.

As for workers employed in seasonal work, in accordance with Part 2 of Art. 296 of the Labor Code of the Russian Federation, the employer is obliged to warn such an employee about the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance. According to Part 3 of Art. 296 of the Labor Code of the Russian Federation "upon termination of an employment contract with an employee engaged in seasonal work, in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two-week average earnings."

Thus, establishing special rules for early termination of an employment contract, the legislator tried to maintain a balance of interests of both the employee and the employer.

Summing up, the following should be noted. The entry into market relations objectively caused the expansion of the scope of application of fixed-term employment contracts. The legislator could not but respond to the demands of the labor market, therefore, the issues of regulating the conclusion, amendment and termination of fixed-term employment contracts in the Labor Code of the Russian Federation are considered much broader and deeper in comparison with the previously existing Code of Labor Laws (Labor Code).

Literature

1. Course of Russian labor law. T. 3. Labor contract / Scientific. ed. volumes d. y. Sci., Professor E.B. Khokhlov. - SPb .: Publishing house of R. Aslanov "Legal Center Press", 2007, p. 532.

2. Ibid, p. 531.

3. Vanyukhin V. Conditions for concluding a fixed-term employment contract. - "EZH-JURIST", 2005, N 14.

4. Ershova E.A. Labor law in Russia / Ros. acad. justice. - M .: Statut, 2007, p. 361.

An ordinary permanent employment agreement can be terminated by agreement of the parties, of their own free will or according to the article. But how to formalize the termination of a fixed-term employment contract? It's not all that simple, because the conditions for terminating such an agreement are contained in several articles of the Labor Code... And we will now try to extract all these norms from various chapters of the Labor Code in order to systematize and visually simplify the entire procedure for dismissing a conscript.

Fixed-term employment contract. Basis of the gap

In Article 79 of the Labor Code, legislators named a list of reasons why a fixed-term contract can be terminated... Dismissal due to the expiration of the employment contract may be based on the following factors:

• when the work will be done, at the time of the execution of which the contract was concluded;
• if a person who was temporarily replaced by an employee came to work;
• when the season ended, if the work is tied to the season.

Article 77 of the Labor Code

At the same time Article 77 indicates that the contract can be terminated on other grounds, because there not explicitly stated that the rule of the article is valid only in relation to a permanent agreement I, and therefore, applicable to the urgent.

That is absent from a conscript, file absenteeism acts and fire them precisely for absenteeism... On his own, the conscript can also leave, having worked the prescribed two weeks.

It makes no sense to write down the procedures for dismissal under Article 77 here, they are all described in other articles and are drawn up by analogy with the dismissal of a permanent employee. Here we will consider precisely the foundations of the 79th article of the Labor Code.

Termination of a fixed-term employment contract at the initiative of an employee

As already stated, the conscript can quit at will, notifying his superiors 2 weeks in advance.
He may not work if the director agrees to it. Also, without working off, they are obliged to release:

• pensioners (in case of retirement age);
• students (upon presentation of a certificate of the beginning of their studies).

Dismissal is issued simply:

• the application is registered;
• order T-8 is being prepared.

Attention!

And don't forget that the dismissed must be familiar with all orders, including with a record in the labor, and therefore we demand autographs under each document!

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

Article 81 of the Labor Code is in force here... A fixed-term contract, like a permanent one, can be terminated if:

• the company has been liquidated;
• the staff or number is decreasing;
• the employee has not passed the certification;
• the owner of the company has changed;
• the conscript has repeatedly violated his duties or LNA;
• absenteeism was recorded;
• appeared at work drunk;
• blurted out a secret of a company or state;
• stole something or took it out of work (must be confirmed by a verdict);
• trust has been lost in him (if there is a connection with material assets);
• the teacher has committed an immoral act.

You can find detailed registration of dismissal for the listed reasons in our other articles.

Dismissal at the expiration of the term of the employment contract

Nuance: if it has already been decided that the employee will not continue to work, 3 days before the end of the contract, you need to warn him... The notification must necessarily be received by the employee personally - either in person you can deliver it, or send it by mail - by registered order with notification... You can do without warning if a temporarily absent employee was replaced.

If the contract contains a condition on the performance of a specific work, then upon its completion the contract also ends. How to arrange it:

• we close the completed work with an act or statement;
• we warn the employee that the contract is over;
• preparing order T-8.

If the work was seasonal, for example, collecting cedar cones, and the season is over, we do the same:

• we inform the employee that the season is over and the director no longer needs his services;
• draw up an order.

Attention!

If the main employee who was temporarily replaced by the conscript came to work, no notification is needed. Just order T-8 is being prepared.

When a dismissal is made in connection with the expiration of the term of the employment contract, the entry in the labor book must strictly repeat the text of paragraph 2 of paragraph 1 of part of the 77th article, but not 79! You don't even need to make a link to the 79th article. In all three cases described in the 79th article, the record will be like this,.

Do I need to offer another job

The boss is not obliged to offer another job if the fixed-term contract is completed... An exception is the pregnancy of an employee who was hired to replace a temporarily absent employee. This norm guaranteed to pregnant conscripts by Article 261 of the Labor Code .

But this is in case there are vacancies, one of which the employee will agree to. If there are no vacancies or the employee has refused another job, you can be fired. But in this case, do not forget that the proposal for translation must be in writing, with a note of delivery!

Attention!

Nuance: if the employee agreed to another job, it is not necessary to terminate the fixed-term contract, but to draw up an additional agreement to it about changing the conditions - the type of work and the term.

If the employee was hired for a seasonal job or for the duration of a specific job, you cannot fire her in case of pregnancy, you need to wait for childbirth.

Important!

And in conclusion, more advice: the termination of a fixed-term employment contract will be invalid if the notice of the expiration of the term, although delivered, the employee is still working.

If the employee is allowed to work, it means that the contract has been transformed into a permanent one.... You don’t want to keep this, after signing the order, you just don’t need to let him go to work, for example, remove it by act.

Labor legislation of the Russian Federation provides for the possibility of conclusion between employing companies and employees of urgent labor agreements... The specificity of this kind of documents suggests some of their differences from those that are concluded for an indefinite period. In particular, this applies to the termination procedures for the respective type of contracts. What are the most notable nuances regarding the aspect of labor relations we are looking at? What is the most correct way to terminate a fixed-term agreement?

Features of the conclusion of a fixed-term contract

A fixed-term contract, in accordance with the provisions of the 58th article of the Labor Code of the Russian Federation, can be concluded for a period that does not exceed 5 years. The employer must explain to the hired employee the terms of the agreement that specify the duration of the employment relationship, and also tell about the reasons that became the basis for signing such a contract (the conclusion of a fixed-term contract must be conditioned by the factors provided by law). It is important that the hiring order contains provisions consistent with those specified in the contract, including aspects reflecting the timing of the employment relationship between the employer and the employee.

The Labor Code of the Russian Federation does not indicate the rules governing the procedure for extending contracts in question (the exception is the provisions of the law regarding the rights of pregnant women and work in the scientific and pedagogical field, but we will talk about this a little later). Therefore, as soon as a person has worked for the period prescribed in the document, a legal termination of a fixed-term employment contract is carried out due to the fact that the parties have fulfilled its conditions. But if, after the expiration of the term of the agreement, the person continues to carry out his labor duties, and the employer does not object, then this can be interpreted as a reason for transforming a fixed-term contract into a regular one.

As for labor relations with the participation of pregnant women, the employer, in accordance with the provisions of the Labor Code of the Russian Federation, undertakes, upon the written application of the employee and upon the provision of a medical certificate confirming pregnancy, to extend the term of the contract signed with the woman until the moment of the birth of her child.

Special provisions regarding the extension of fixed-term contracts have also been established with regard to employees of the scientific and pedagogical sphere. If the employee is elected to the relevant position through a competition, then a new contract is not required to be concluded. In this case, the fixed-term contract can be extended in accordance with a mutual written agreement between the employing company and the employee.

As for such an aspect as the termination of a fixed-term employment contract, the legislation of the Russian Federation regulates this issue in sufficient detail.

Dismissal at the end of the contract

The most common scenario is provided for by the 79th article of the Labor Code of the Russian Federation. The provisions contained in it are intended to terminate labor relations between the company and the employee by virtue of the expiration of the contract. Termination of a fixed-term employment contract after the expiration of the term assumes that the employing company under this scenario undertakes to warn the person 3 days before the lawful cancellation of the contract. However, this act is not classified as the initiation of dismissal.

If the termination of a fixed-term employment contract is supposed to be of the appropriate type during sick leave, then the actual date of termination of the employment relationship does not change. At the same time, the employer will have to pay the disability benefit stipulated by the law of the Russian Federation for the entire period while the person is being treated. The fact that the employee is no longer on the staff of the company does not matter.

A scenario is possible in which a fixed-term contract is concluded for a person to perform a specific amount of work, and the moment of its completion cannot be unambiguously determined in advance. In this case, the termination of the contract occurs as soon as a person performs this work - these are the norms contained in the 79th article of the Labor Code of the Russian Federation.

A variant is possible when a fixed-term contract is concluded between specialists and temporarily created organizations. As a rule, their legal nature is associated with the fact that it is assumed, as in the previous case, a specific amount of work, the completion date of which is difficult to determine in advance. In this case, labor relations are terminated as soon as the organization is liquidated due to the achievement of the goals of its creation.

It is possible that the employment contract implies the temporary replacement of another absent employee by a person. In this case, the contract is also classified as fixed-term. Termination of this type of contract is carried out as soon as the temporarily absent employee goes to work.

Another permissible basis for concluding a fixed-term contract is work during a certain season. Termination of such agreements is carried out upon the expiration of the relevant period. But in this case, the employer does not have to notify in writing that the contract is ending.

The termination of the employment relationship between the employee and the employing company does not imply any obligations that may be imposed by the employee - by analogy with the fact that the employer is obliged to notify a person 3 days before dismissal that the contract is ending. Salaried worker has the right not to go to work at the end of the validity period of the document.

Termination of a fixed-term employment contract due to the expiration of the term is not the only admissible basis for termination of employment legal relations in the appropriate format. Let's consider other scenarios.

Termination of the contract at the initiative of the employer

We will study how the termination of a fixed-term employment contract initiated by the employing company is carried out. The grounds for terminating labor relations are spelled out in the provisions of Article 81 of the Labor Code of the Russian Federation. Their list is as follows:

• the employing company is subject to liquidation (if the employer is an individual entrepreneur, then a scenario with the termination of his activities is assumed);
• there will be a reduction in the staff of the organization (or the company that belongs to the individual entrepreneur);
• the person ceases to correspond to the position held or the nature of the performed labor functions due to insufficiently high qualifications, and this is confirmed by certification procedures;
• the owner of the organization has changed;
• the person repeatedly violated his labor duties, received disciplinary sanctions;
• the employee did not show up for work, committed destructive actions in relation to the company, did not ensure the safety of trade secrets;
• the person has committed reckless actions when handling commodity or material values, as a result of which the employer has lost confidence in him;
• the employee has committed immoral offenses that are incompatible with the further implementation of his labor functions (this is especially true in relation to teachers, educators, etc.);
• employee holding leadership position, made decisions that caused harm to the company, or otherwise grossly violated their own labor obligations;
• the employee provided false information or presented false documents at the time of signing the employment contract.

The procedure for terminating a fixed-term employment contract on certain grounds can be spelled out in contracts involving employment as a head of a company or a vacancy in the structure of its executive body.

Legislative basis

A scenario of dismissal of an employee is possible, assuming the application of the norms of other articles of the Labor Code of the Russian Federation and federal legislation. So, for example, Article 278 of the Labor Code of the Russian Federation includes provisions according to which the head of the company can be removed from office if the organization is bankrupt. Also, this article contains the rules according to which the owner of the property of the company or other authorized person can terminate the employment relationship with the head of the enterprise. Article 336 of the Labor Code states that a teacher who has repeatedly violated the charter of the institution in which he works during the year can also be dismissed from his position.

In addition, there are provisions that include the grounds for terminating a fixed-term employment contract for various types of organizations - state power structures, authorities, of one type or another joint stock companies, municipal services etc.

Early termination of the contract at the initiative of the employer: nuances

Above, we have listed a number of reasons why an employer can break off an employment relationship with an employee. Consider the relevant nuances characterizing the early termination of a fixed-term employment contract.

Article 81 of the Labor Code of the Russian Federation says that an employer can fire a person if he does not fulfill his duties without good reason in the presence of a disciplinary sanction. This can be a remark or a reprimand (provided for by Article 192 of the Labor Code of the Russian Federation). Wherein disciplinary action should be considered canceled if the person did not perform the actions that once led to him, during the year - these are the norms of Article 194 of the Labor Code of the Russian Federation.

Termination of a fixed-term employment contract on the initiative of the employer assumes that the circumstances associated with the dismissal must be documented. For example, if we are talking about the release of a person from his position due to non-performance of labor functions without good reason, then the accompanying reason for dismissing an employee - a disciplinary offense - should be reflected in the documents.

The Labor Code of the Russian Federation does not contain provisions that would unequivocally determine the requirements for such sources. Therefore, it can be a document at the discretion of the employer. As an option - a memo. It may also require a written explanation of the employee, an act of the employer that a decision has been made to impose an appropriate penalty.

Studying the question of how the termination of a fixed-term employment contract after the expiration of the term is implemented, we noted that a person can be fired even when he is on sick leave. Naturally, there must be an appropriate basis for this. If the termination of the employment relationship is initiated by the employer, then it can be carried out only upon the employee's recovery.

Termination of contracts with pregnant women and women with children

Termination of a fixed-term employment contract with a pregnant woman at the initiative of the employer, by virtue of the provisions of the Labor Code of the Russian Federation, is impossible. Exception - if the organization is subject to liquidation or the individual entrepreneur who acted as the employer ceased operations. It is impossible to terminate a fixed-term employment contract early with women raising children who have not yet reached the age of 3, as well as with single mothers of minor children with disabilities or young children who have not yet reached the age of 14.

Termination of contracts with underage workers

Separate norms of the Labor Code relate to labor relations with the participation of employees who have not reached the age of majority. Termination of a fixed-term employment contract before the expiration of the term on the initiative of the employer, if the employee is a minor, is possible only with the consent of the state labor inspection, as well as the authorities, in the competence of which is the solution of issues of labor relations with the participation of minors. These are the requirements of Article 269 of the Labor Code of the Russian Federation. Exception - if the organization is to be liquidated or the individual entrepreneur ceases to operate.

Termination of contracts with union members

The conditions for terminating a fixed-term employment contract with workers who are members of trade unions are regulated by Article 82 of the Labor Code of the Russian Federation. In accordance with the provisions of the law, such employees can be dismissed based on the motivated position of the trade union body. At the same time, the termination of the contract can be carried out only a month after the trade union has agreed to dismiss the employee.

In some cases, with the expected reduction of the company's staff, the corresponding public organization must be notified 2 months before the entrepreneur takes actual steps to relieve his employees from their positions. If there is a mass dismissal, then the union must be notified 3 months in advance.

Compensation

The procedure for terminating a fixed-term employment contract may imply the payment of certain compensations to employees or the provision of preferences to dismissed employees. The corresponding measures are provided for by the norms contained in the 27th chapter of the Labor Code of the Russian Federation. If there is a reduction in the organization's staff, the employer is obliged to offer the dismissed employee an alternative vacancy that corresponds to his qualifications, even if it involves a lower salary.

If there are no options with spare employment, then the employer must pay the person a severance pay in the amount of one average earnings, as well as provide similar compensation in the next two months (or three if the person left an application with the employment service within 2 weeks after termination of the contract and did not managed to find a job). These are the provisions of Article 178 of the Labor Code of the Russian Federation. An employment contract may imply other compensations and preferences established as a private interaction between the employer and the employee.

Termination of the contract at the initiative of the employee

Termination of a fixed-term employment contract is possible at the request of the employee. This procedure does not require any explanation on the part of the latter, however, it presupposes the fulfillment of certain duties on his part. If a person has concluded a contract valid for less than two months, then in order to quit, he must notify the employer of his intention 3 days before the termination of work. If the term of the contract is more than two months, then the termination of the fixed-term employment contract by the employee assumes that he will write a statement of intent to quit 2 weeks before the intended departure.

In legal practice, the second scenario is most often referred to as “voluntary dismissal”. In this case Russian legislation does not imply any significant barriers for employees to exercise this right of their own free will, depending on personal priorities, desires and preferences.

At the same time, within two weeks of working off, a person can withdraw his application at any time. And stay in the position held, if they did not manage to invite another specialist in his place (oral agreements do not count, the agreement must be drawn up in writing). If, after 2 weeks, the employee and the employing company still have not terminated their employment, the contract becomes valid again.

The fact that a person must notify the employer of his intention to quit 2 weeks in advance implies that he will have to fulfill his duties in full within the appropriate period. That is, from the point of view of the provisions of the Labor Code of the Russian Federation, a person is considered as a full-fledged employee of an organization. But a related scenario is also possible, in which the termination of a fixed-term employment contract is carried out by agreement of the parties. In this case, a person does not have to work out the 2 prescribed weeks, however, only on condition that the company's management agrees to this.

After dismissal - on vacation

If a person who signed a fixed-term employment contract leaves for one reason or another, then the employer can issue him a vacation - but only with subsequent dismissal. If an employee ceases to work due to the expiration of the contract, then he can go on vacation in cases where its duration goes beyond the time frame reflecting the period of the contract. In accordance with the 127th article Labor Code, the day of dismissal is determined at the time of the end of the vacation.