Sample notice of dismissal of an employee 2021 and 2021

Last modified: January 2021

The conclusion of an individual contract with specific terms is an abnormal phenomenon from the point of view of labor legislation, which requires compliance with clear regulations on conclusion and termination. Failure to comply with the requirements automatically makes the agreement permanent. The employer’s subjective reluctance or objective impossibility must have documentary evidence - a special notice of termination of a fixed-term employment contract, sent three days before the end of the period.

Term and conditions for termination of a fixed-term employment contract

Termination of a fixed-term employment contract is regulated by Article 79 of the Labor Code of the Russian Federation, according to which it is terminated upon expiration of its term.
But termination does not happen on its own - one of the parties needs to demand it. To do this, the employer needs to draw up a notice of dismissal of an employee under a fixed-term contract if he does not plan to continue the employment relationship with him. The employee must be notified at least three days before the expiration of the fixed-term employment contract. However, if the document is concluded for the duration of the duties of an absent employee, the employer is not obliged to warn of termination.

General information about the notification, features of its preparation

If you need to generate a notice of termination of a fixed-term employment contract, and you have no idea how to write it correctly, read our tips. Also look at the example document below - based on it you can easily create your own form.

Before going into detail about this particular notice, here is some general information that is common to all such documents.

First of all, keep in mind that there is currently no standard, unified form of notification. This means one thing: it can be drawn up either in free form or according to a template developed within the company (in this case, the form of the document must be approved in its accounting policy). The method of writing the notice must also be specified in the regulations of the enterprise.

The notification can be made on letterhead (if such a requirement is established by management) or on a simple plain sheet of paper (preferably A4 format). The document can be written by hand or typed on a computer (with further printing) - all these parameters do not matter.

The main thing is that the form is signed by the director or employee authorized to endorse such papers on his behalf.

There is no strict need to certify the notification with a seal - this should be done only when this norm is available in the local documents of the organization.

It is better to formulate the notification in two identical copies (if by hand, then using a carbon copy), one of which is sent to the employee, the second is left in the organization.

Also, information about the form must be entered in a special accounting journal - these should be available in every company.

Features of dismissal of certain categories of employees

All common cases of termination of a fixed-term contract are described in Article 79 of the Labor Code of the Russian Federation (performing certain work, seasonal work, while performing the duties of an absent employee), but we will analyze the most complex ones.

In order to terminate the powers of the general director, it is necessary to warn him in writing at least three calendar days before dismissal. This document will be signed by one of the founders. Next, you need to organize a meeting of the company’s founders, at which a decision is made: to continue further relations with this person or not. The decision made is documented in a protocol.

A part-time worker who works under a fixed-term employment contract can be dismissed only after the expiration of the established period. The notification is drawn up three days before the end of the period.

Labor legislation protects the interests of pregnant women. If on the expiration date it happens that the employee is pregnant or has given birth to a child while on maternity leave, then the term of the agreement with her should be extended until the end of the leave, and then dismissed in the general manner. The last day of work will be the last day of vacation. We also warn you three days before the end. If a woman’s pregnancy is resolved unfavorably (miscarriage, abortion), then the employer is obliged to terminate the agreement upon completion of the pregnancy within a week after he learned of this fact. It is important to remember: you can fire a pregnant employee only if she is performing the duties of an absent employee and during pregnancy it is not possible to arrange a transfer with the woman’s consent to another job that she can perform. The employer is obliged to offer her all positions corresponding to her qualifications, as well as less paid ones. If the woman does not agree to the transfer, the employer dismisses her in accordance with the general procedure.

Issuing a warning due to the expiration of the deadline

As mentioned above, it is necessary to issue a written warning for a fixed-term employee only if the employment contract is signed for a limited period that expires in the near future, as well as when it is drawn up for the period of the season or the performance of work.

In this case, the text of the document is drawn up in any form, but you must make sure that the notification contains the following information:

name of the paper, its number, date of preparation;
contacting an employee whose employment relationship is expiring;
information that the employment contract is expiring (indicate its number and date of conclusion);
expiration date of the validity period (this date will be the date of dismissal; this will be the last working day of the conscript);
the reason for termination of the employment relationship;
link to the code article;
manager's signature;
The employee’s introductory signature is a mandatory and very important point, which will help prove the employer’s compliance with established job duties.

For registration, it is better to take the organization’s letterhead. You can write the text in any way - manually, on a computer.

It is not necessary to put a stamp under the text of the notification; a signature of the head of the organization or another employee of the company authorized to certify such documents is sufficient.

If the letter is sent by mail, then it is necessary to indicate the postal details of the addressee, and send the document itself by registered mail with return receipt requested.

After receiving an introductory visa from a conscript employee, you must register the document in the registration journal.

Sample for termination

notices of termination of a fixed-term contract upon expiration - .

notice of dismissal due to the main employee returning from maternity leave - .

Actions of the employer upon completion of the period of employment

Upon completion of the employment period, the employer may:

dismiss an employee;
extend the validity period of the STD;
transfer him to another position on a permanent or temporary basis;
transfer to an open-ended contract.

The choice of option will be related to both the employer’s capabilities and the desire of the employee. But if the period has expired and the employee continues to work, the consequences will be as follows:

If the manager knowingly notified the employee in accordance with all the rules, recording the work book and accruing the calculation, then he cannot be allowed into the workplace, but instead the work record and calculation should be issued.
If notification standards are violated, the employer does not have the right to terminate the employee's activities. A fixed-term contract automatically turns into an open-ended contract.

Therefore, the main thing here is compliance with the dismissal standards established by legislative acts .

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).

Payments to employees who are laid off

In this case, standard payments are provided:

for unpaid working days;
allowances for unpaid days (if provided);
bonuses (if provided for in the employment contract);
days for vacation not taken.

In case of a short-term contract that does not provide for vacation, vacation pay must be included in the severance pay. In this case, 2 working days are accrued for each calendar month worked . If an incomplete month worked contains more than 15 days, it is counted as a full month, if less than 15 days, it is not counted.

Information: personal income tax and contributions to the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation are withheld from accrued payments.

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.

Dismissal for objective reasons

The Labor Code of the Russian Federation provides for cases when an agreement is terminated due to the inability to continue work.

A citizen is dismissed early if:

he was called up for military or alternative civilian service;
the death of the employer has occurred;
the employee who previously held his position was reinstated through the court;
a court sentence has entered into force, providing for a prison sentence;
military operations began, a major accident, catastrophe, or other emergency occurred;
a penalty of disqualification has been imposed;
the document giving the right to engage in a certain type of activity has expired;
access to state secrets has been terminated;
the court's decision to reinstate him was overturned;
other circumstances provided for by law have been established.

In these cases, the contract is terminated regardless of the will of the parties.

Example 2. A.G. Maslenko works as a security guard at an LLC company under a temporary employment contract. Two months before the end of the agreement, he was called up for military service. The employee filed a letter of resignation on the basis of clause 1 of part 1 of Article 83 of the Labor Code of the Russian Federation.

Where do you register?

The notification must be registered in the document flow, namely in the journal of orders and instructions and assigned a unique outgoing number.

This allows you to prove that the employee’s rights were not violated, and as a result, relieve the employer from the risk of penalties for illegal termination of the employment relationship with his employee.

If the entire sequence of actions is strictly followed, the employer fully protects himself and therefore does not have to worry about anything anymore, since the procedure for terminating the employment contract will be fully consistent with Art. 79 Labor Code of Russia.

Formatting a notification

The end date of the employment contract is the employee's last working day. Upon expiration of the period, employers must issue appropriate notification. When registering, you should take into account the following points:

The notice must be completed and signed before the employment contract period ends;
The document must be drawn up in writing and transmitted to the employee in the most convenient way.

In some cases, the employee must sign for receipt of this document. For example, if his place of work is a base or office.

When working remotely, the employee receives notification by registered mail. In such a situation, the employer must have the following documents:

A receipt indicating that the letter was delivered to the employee. It proves that the employee is familiar with the notice.
A receipt confirming the sending of the notification by the postal operator.

Answers to readers' questions

Question 1: We have a pregnant employee working under a fixed-term contract in place of a maternity leaver. A permanent employee goes to work, what to do with a pregnant conscript >>> answer.
Question 2: We dismiss an employee after the expiration of the contract, he has worked for 2 months, for how many days should compensation for vacation be calculated >>> answer.
Question 3: We are hiring a person for a limited period of time, is it necessary to require him to apply for employment >>> answer.

Settlement with an employee

When the dismissal order is issued, the organization begins preparing reports on payments related to the event.

The due amount may consist of the following parts:

cash for wages;
compensation for unused vacation;
accrued bonuses;
additional amounts to which a person is entitled under the Labor Code of the Russian Federation.

When the settlement document is drawn up, the form is given to the citizen. The notice reflects all due payments. Eligibility depends directly on the duration of the agreement.

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A fixed-term employment contract is concluded for a certain period. The parties agree in advance on the termination date of the agreement.

It is determined by a specific calendar date, event or occurrence of a certain condition. During the period of validity of the contract, a citizen can find a permanent job, move to another city, enroll in a university as a full-time student, or retire.

Therefore, in practice, the question arises whether early termination of a fixed-term employment contract is possible at the initiative of the employee.