⭐ Dismissal under a fixed-term employment contract: the procedure for terminating the contract at one’s own request or upon expiration of the contract

The main reasons for terminating a fixed-term employment contract

According to the Labor Code, the employment of a new employee by default is carried out on an indefinite basis.
However, there are exceptions: the law lists in detail cases where the nature and conditions of work either prescribe or allow the employer to enter into an agreement indicating the deadline for its completion. Then the contract specifies either a specific date when its validity expires, or indicates a specific event after which the employee’s services will no longer be needed.

In any case, as the agreed end date of a fixed-term contract approaches, the employer begins to think: is it necessary to terminate such a contract and how?

By law, any dismissal must have a reason, which must be indicated in the documents. STD has only one particular reason for dismissal, which is not characteristic of BTC - namely, the expiration of the employment contract. All other grounds are common to both fixed-term and open-ended employment contracts.

Let us consider all these reasons in turn, which we will conditionally divide into five categories:

Expiration of the STD;
On agreement of the parties;
At the initiative of the employee;
At the initiative of the employer;
Due to independent circumstances.

Expiration of the STD

Return to work of the main employee. Then the deputy is forced to leave. For example, a young mother returning from maternity leave or the recovery of a key employee;
The end of work, temporary or seasonal, for which the employee was hired. For example, the end of the harvest or the completion of equipment installation;

On agreement of the parties

Dismissal by agreement of the parties is considered the most “peaceful” reason. In theory, this means that both the employer and the employee have decided not to continue the employment relationship and are terminating it by mutual agreement.

At the initiative of the employee

Dismissal at one's own request may have the following reasons:

Serious illness of the employee himself or the onset of disability, in which work becomes impossible;
Serious illness of one of the employee’s family members and, as a result, the need to care for the sick;
Violation by the employer of the Labor Code, the terms of the contract or his duties. For example, if in the contract the employer agreed to organize hot meals for the harvesters and did not fulfill the obligation;
Changing the employee’s place of residence or moving with a spouse;
Transfer of an employee to another employer or assumption of an elective position;
Refusal of the employee to continue the employment relationship due to the reorganization of the company, change of owner or change in the type of enterprise;
Refusal of an employee to follow the employer if he moves to another area.

The employee is obliged to notify the administration of his intention two weeks before actually leaving work. During this period, the employee can withdraw his application in writing if he has changed his mind and another person has not yet been hired in his place. After this period, the employee has the right not to go to work.

If a fixed-term contract was concluded for a period of up to two months or for seasonal work, the employer must be notified three days before dismissal. However, by mutual agreement, “working off” may not be required at all or may be reduced.

This is also important to know:
The meaning of Article 33 of the Labor Code upon dismissal: official text, what has changed

In case of unlawful resistance on the part of the employer - failure to admit his guilt or a valid reason - the employee can file a complaint with the court or the Labor Dispute Commission.

At the initiative of the employer

An employer may terminate relations with an employee early on the following grounds:

liquidation of the organization;
reduction in the number of employees;
change of owner (applies to the manager and his deputy, as well as the chief accountant);
the employee systematically evaded the performance of his official duties or performed them improperly;
the employee violated labor discipline;
it turned out that the employee presented false documents during employment or his qualifications did not meet the required level (determined during certification);
causing significant harm to the organization;
committing theft or disclosing trade secrets.

If an employee is on sick leave or on vacation, during this period he cannot be dismissed at the initiative of the employer. The exception is the liquidation of an organization.

Dismissal due to independent circumstances

In some cases, dismissal is forced, although neither the employee nor the employer wanted it.

This occurs under the following circumstances:

conscription of an employee into military or alternative civilian service;
transfer of a person to a place of imprisonment in connection with a court verdict;
reinstatement of the employee to his previous position in connection with an official decision of the labor inspectorate or court;
death of an employee or the occurrence of emergency circumstances (war, earthquake, major accident, epidemic).

Expiration of the validity period of the STD

The period of validity of a temporary contract can be determined by the occurrence of a specific event, the expiration of a specified period, or the completion of the scope of agreed work. Article No. 79 of the Labor Code of the Russian Federation describes the grounds for terminating relations between an organization and a conscript employee.

These include the following:

departure to work of the main subordinate. For example, the end of maternity leave;
completion of the scope of work for which the employee was hired as a member of the enterprise;
end of seasonal work.

The grounds for termination of temporary labor relations and the period of employment are indicated in the text of the concluded contract.

Due to the release of the main employee from maternity leave

For the period of incapacity for work associated with pregnancy and childbirth, as well as for the period of registered parental leave, the employee retains his job.

But the company has the right to hire a temporary worker for this position. The contract is usually concluded for 1.5 or 3 years. As a rule, they are on maternity leave for that long.

The end date for a short-term industrial relationship may not be specified in the contract. It is noted as a reason for termination of its validity - the departure of the main employee to work.

An employee who is temporarily absent may, at his discretion, terminate his maternity leave early. After submitting an application for leave and approval of such a decision by the employer, the temporary subordinate is fired.

If there is a vacancy and good recommendations, a standard employment contract can be concluded with the conscript employee and transferred to a permanent position, leaving him on the staff of the enterprise.

Completion of work

A temporary contract may be concluded to perform certain types of work, in particular seasonal ones. After their completion, the contract automatically terminates. The term for the end of the employment relationship is determined by the list of works established by industry, inter-industry agreements, and local regulations of the enterprise.

Registration procedure

The procedure for dismissal under a fixed-term employment contract is the following algorithm of actions:

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Notice of dismissal under a fixed-term employment contract - drawing up a notice
Drawing up a dismissal order.
Familiarization of the employee with the dismissal order.
Preparation of the calculation sheet.
Familiarization with the calculation sheet.
Calculation on the day of employee dismissal.
Drawing up a work book, making a record of dismissal and explaining on what basis the termination of employment occurred.

conclusions

A fixed-term employment contract is a document that allows the company’s management to hire a person for a certain period of time. It is completed quickly, but its termination has many features. Particular attention is paid to pregnant women, because they can only be fired after the postpartum period. If you approach the process responsibly, you can complete the procedure without litigation and significant loss of money.

If you need advice, our employment lawyer can help.

Video:

Documentation

Dismissal at the end of a fixed-term employment contract involves drawing up and filling out the following documents:

Employee statement. If the dismissal occurs at their own request, the employee writes a statement two weeks in advance, indicating the reason for his decision. Usually, an article of the Labor Code of the Russian Federation and a paragraph of this article are prescribed.
Notification to the employer (if the manager takes the initiative in dismissal). The document must be drawn up in 2 copies, registered in the personnel department and contain the reason for dismissal, a request for confirmation of reading this notice must be written and the signature of the dismissed employee must be written.
Order of dismissal. The document must be prepared on the day of dismissal of the employee in several copies, one of which remains with the employer with the employee’s signature confirming its familiarization. If for some reason the employee was not familiar with the order, an appropriate note should be made about this.
The completed work book is handed over to you.

This is also important to know:
Severance pay upon dismissal: amount of benefits and when it is due

Correct execution of all documents will allow the employer to avoid possible future legal disputes or proceedings with the labor dispute commission.

Dismissal of a temporary employee for other reasons

At your own request

An employee working under a fixed-term contract can leave at any time of his own free will. In this case, the usual dismissal rules apply, i.e. at least 14 days must pass from the date of filing the application to the actual dismissal (except for cases of dismissal without service provided for by law).

The exceptions are persons whose contract period does not exceed 2 months or seasonal employees. For them, the working period is 3 days.

At the initiative of the employer

Before the end of the contract, an employee may be dismissed at the initiative of the employer. All possible cases are specified in the Labor Code. Main reasons:

liquidation or reorganization of an enterprise;
staff reduction;
violation of labor discipline by an employee (absenteeism, drunkenness in the workplace, failure to fulfill official duties);
damage to the enterprise (theft, transfer of commercial information to third parties, damage to property);
provided false documents about qualifications, education, work experience.

All actions of the employer must comply with the general rules of dismissal provided for by the Labor Code.

Dismissal of persons on sick leave and pregnant women

An ill employee is not entitled to an extension of the contract period during illness. The administration may notify him in writing or in person. In the same way, the dismissal order and work book are handed over.

This is also important to know:
How to write a resignation letter of your own free will

The exception is pregnant women. If a temporary employee presents a certificate of pregnancy, then the term of her contract is extended until the end date of the sick leave for pregnancy and childbirth. During the period of such forced extension of the contract, it is necessary to present a new certificate from the hospital after three months confirming the fact of pregnancy.

If a pregnant woman was hired during the absence of the main employee, she may be fired on the eve of this person's departure. But if there is a vacancy at the enterprise, the administration is obliged to offer her one of the available positions. Upon agreement, a new temporary or permanent contract is drawn up. If there are no such vacant positions or they do not suit the pregnant woman, then they formalize her dismissal at the end of the fixed-term employment contract.

Order of dismissal at the end of a fixed-term employment contract

If the STD is terminated after the expiration of the validity period, the employee is dismissed under clause 2, part 1, art. 77 of the Labor Code of the Russian Federation - due to the expiration of the TD period. In this case, an order is issued to terminate (terminate) the trade agreement with the employee (dismissal). The unified form of such an order No. T-8 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. The employee must be familiar with the order (instruction) on dismissal. A copy is filed in the employee’s personal file.

Employment history

It is necessary to make an entry in the work book form after the order is issued. An employee who has stopped working must sign the work record book. By this he confirms that he has received the document and agrees with all the entries. The document is filled out by the manager or an authorized person (often this is a personnel department employee or an accountant). The filling algorithm is discussed below.

The first column contains a serial number that continues the previous entry.
The second is the date of dismissal.
In the third column, it is necessary to write down the grounds for terminating the employment contract, write down the details of the person who filled out the employment form, and affix the organization’s seal. Also in this column, the dismissed employee signs that he is familiar with the reason for his dismissal.
The last column contains information about the document confirming the fact of dismissal.

If an employee has not received his work form, the employer must indicate this fact and send the employee a notification that he needs to pick up the document. If after this there is no reaction from the employee, then the work report is sent by mail to the actual residential address indicated in the documents.

What documents and certificates are issued to the employee?

Payments and documents are issued on the last working day, which is considered the day of dismissal.

The main document that must be issued is a work book. The employer does not have the right to delay it for more than three days if the employee has not applied for it.

Upon written request, he may be given:

copies of diplomas and other educational documents;
certificates and certificates of advanced training;
certificates of assignment of rank;
documentation of internship, etc.

They are extracted from the employee’s personal file, or issued in the form of extracts or copies. Documents confirming his acceptance into the position remain with the employer and are stored in archival data.

Calculation of payments due to an employee

An employee who has entered into a fixed-term contract with an enterprise is entitled to compensation for unused paid vacations. The calculation of the amount of payments is made in accordance with the norms of the Labor Code.

This is also important to know:
How to fire an employee without his desire: what the law says

Depending on the terms specified in the contract, the amount of payments varies:

1. An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay. But such a privilege is available only to those employees who have worked at the enterprise for more than 15 days. In this case, the sum of the months worked is multiplied by 2, and the resulting figure is multiplied by the average daily earnings.

If in one of the working months the employee worked for less than 2 weeks, then this time is not taken into account in the calculation, but if on the contrary, then the period worked is counted as a whole month.

An employee registered for a period of up to 2 months has the opportunity to receive monetary compensation for unused vacation pay.2. For an employee who has registered with an enterprise for a period of 2 to 11 months, the amount of due payments is calculated in the same way as in the previous paragraph. However, the amount of compensation will vary.

3. For an employee employed for a period of more than 11 months, compensation is calculated with a coefficient of 2.33. When calculating, you need to subtract the vacation days used.

The entrepreneur is obliged to pay monetary compensation on the day the employee is dismissed, because It is illegal to detain her.

After terminating a contract with an employee, you are not required to immediately notify the Pension Fund about the transaction, since you report on personnel every reporting period. But if you wish, you can send a notice of termination of the contract with an employee in free form. Temporary employment relationships are regulated by law. When concluding a fixed-term employment contract with an employee, an entrepreneur must know in advance all the legal aspects of his dismissal at the end of the contract.

Various nuances

Notice period and working time for a temporary worker

The main nuance when dismissing this category of employees is the reduction of the working period. In this case, when a position is vacated, the employee must work for 2 weeks , which corresponds to general standards only if the contract is concluded for more than 2 months (Article 80 of the Labor Code of the Russian Federation).

When signing a contract for a shorter period, notice is required at least 3 days in advance.

This rule reflects similar advantages of the employer, who warns about the expiration of the employment contract or about the departure of the main employee in the same way, 3 days in advance.

Application for voluntary resignation

To terminate the employment relationship of the parties at the initiative and desire of the employee, an official application must be received on his part in accordance with the norms of Article 292 of the Labor Code of the Russian Federation, submitted to the name of an authorized official (the head of the organization) or an individual entrepreneur (IP).

Labor Code of the Russian Federation, Article 292. Termination of an employment contract

An employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing three calendar days in advance of the early termination of the employment contract.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing, against signature, at least three calendar days in advance.

An employee who has entered into an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract.

The application indicates the basis for concluding the employment contract, its urgent nature - indicating the reason for the intended further dismissal and the request for termination.

For example: “I ask you to terminate the employment contract concluded for the period of maternity leave of T.P. Konopelnaya by dismissing the salesperson-cashier from her position at her own request.”

Order to terminate the employment contract

The order requires you to indicate details in the form of a serial number and date of release, which will subsequently be entered into the work book. The document form is standard, corresponding to the norms of personnel records management.

The name of the order is “Dismissal Order”.

Next, indicate the position of the employee, indicating the specifics of the temporary registration and the reason - their own desire.

The wording may be as follows: “Dismiss at your own request the salesperson-cashier N.N. Mironova, hired for the duration of maternity leave by T.P. Konopelnaya.”

Making an entry in the work book

The order is always issued before the work book is filled out, which is based on it as the basis for termination of the contract, as evidenced by the corresponding entry. It is done as follows:

The name of the organization does not need to be entered, since it was already entered when concluding the agreement.
The first column (column) contains the serial number of the entry.
The second column indicates the date of termination of the contract, which is the last day of work.

This date necessarily corresponds to the day of dismissal specified in the order and in the application, but may differ from the date the order was issued and other documentation was completed. The third column gives the wording of the dismissal. Here it is no longer necessary to indicate the fact of substitution or the urgent nature of the work, as this follows from the previous appointment record.

The wording should be simple: “Dismiss at your own request on the basis of paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Also in the third column the wording “at the initiative of the employee” is allowed with reference to Article 80 of the Labor Code.
The name of the document (order) on dismissal and its details are entered in the fourth column.
Below is the position, surname and initials of the person who made the entry.
The entry is certified by the employer's seal.

Labor Code of the Russian Federation, Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Calculation of severance pay

On the last working day, severance pay must be calculated. It includes:

the balance of wages not received by the employee;
bonuses and other payments - at the discretion of the employer;
compensation for vacation days.

These employees are entitled to vacation if the contract was concluded for more than 2 months.

Leave is provided in the amount provided for in the employment contract, in proportion to that specified in local acts and regulations. That is, it cannot be less than for other employees working in a similar position.

The number of days is counted from the last day the employee was on vacation. The calculation is made by dividing the duration of the vacation by 12 and multiplying the resulting number by the number of months worked after the vacation.

If an employee has worked for less than a year, compensation is provided for the months worked. In this case, a month is considered to be more than 15 working days; if fewer days are worked, this month is not taken into account.

How much notice must be given to a conscript about dismissal?

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

Situation	Day of delivery of notice
Conclusion of a contract for the period of replacement of the main employee	The day a permanent employee goes back to work
Conclusion of an agreement for the duration of the work (provision of services)	3 days before the estimated completion date of these works (services)
Other cases	3 days before the date of termination of the contract

This is also important to know:
Notice of job reduction: sample, procedure for drawing up the document

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

Women in this position cannot be fired until the end of pregnancy or until the end of maternity leave, if provided, and the employer is obliged to provide such leave to a pregnant conscript. If, for health reasons, a woman cannot continue to cope with the work that she performed under a fixed-term contract, then she needs to be offered other jobs where she will be healthy enough to perform her job duties.

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

Do I need to write a statement?

To terminate a contract due to its expiration, the employee does not need to submit an application or sign an agreement.

After all, by concluding an agreement with the employer, the employee has already expressed his consent to terminate the employment relationship after a certain period. The application is only necessary if the employee has decided to terminate the agreement with the head of the company before the deadline.

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Automatic transformation of STD to BTC

The most important rule for an employer to remember when working with temporary employees is:

If the expiration date of a fixed-term employment contract has arrived, but neither of the parties, neither the employee nor the employer, has expressed a desire to terminate the employment relationship, the fixed-term contract by law becomes indefinite.

For example, if an employer accidentally forgot that his contract with Mr. Petrov expires on February 1, and the latter continues to do his job, then he automatically becomes a permanent employee. Then the employer will be able to dismiss him subsequently only on a general basis, having lost the opportunity to use the reason “expiration of the TD”.

If the nature of the employee’s work allows him to legally conclude an open-ended contract and both parties want to continue to cooperate, then it is enough for them not to do anything until the expiration of the contract. Then the parties enter into an addendum. agreement to the employment contract, and this will be the end of the documentation.

This is also important to know:
How to make calculations when dismissing an employee at his own request

If the employer is legally unable or unwilling to continue his employment relationship with the employee for various reasons, then he needs to take specific actions in relation to the latter. Which? Let's look at it in the next paragraph.

What compensation is due?

Compensation payments are provided for by law in accordance with Article 127 of the Labor Code. The regulatory provisions of this law concern, first of all, compensation for all days of annual leave (if it was not used in the current year), as well as for additional leave spent by women with their children (care leave), if any.

Payments are made in accordance with Articles 278 and 279 of the Labor Code. The employee receives total compensation, including unpaid wages and compensation payments for vacation that they have not yet used in the current year.

And severance pay (an average wage for two weeks) is paid by law only to certain categories of workers (unless otherwise provided for in an individual or collective employment contract). For example, if an employee does not agree with changes to the provisions of the employment contract, does not want to move to work in another area, is called up for military service, or is forced to stop working due to complete disability.

It should be noted that if the application was withdrawn by the employee, he cannot apply for payments.

The right to revoke this document is present all the time until the expiration of the warning period recorded in the application.

Most often, public sector employees receive incentive payments, in particular medical staff, teachers and educators. Do you want to resign of your own free will without work? Find out how this can be done by reading our article.

Don’t want to “work off” before you quit? Then the best option for you would be to take a vacation followed by dismissal. How to implement this correctly, read our material.

Preferential categories

When drawing up and signing a fixed-term agreement, you need to remember that there are some preferential categories of citizens who are not subject to the general conditions of such an agreement.

When dismissing pregnant women or mothers with children working under a fixed-term contract, there are some nuances:

A woman in a position can be fired either if the organization is completely liquidated, or if the work involved replacing a temporarily unemployed employee who has assumed his duties. In other cases, a pregnant woman can be fired only after pregnancy and childbirth.
The organization has the right to require confirmation of her status from the woman throughout her pregnancy.
If the term of the employment contract has expired while the woman is pregnant, the employer must, at the request of the employee, as well as after she provides a medical document, extend the term of the employment contract until the end of pregnancy or the end of maternity leave.
If after giving birth a woman continues to work, the employer can, according to Art. 261 of the Labor Code of the Russian Federation, terminate the employment contract with her within a week.
At the initiative of the employer, an employment contract cannot be terminated with a woman who has children under 3 years of age, a mother who is raising disabled children who have not reached the age of majority, or children under 14 years of age.
A fixed-term employment contract of the Labor Code of the Russian Federation does not allow termination by the employer if the employee is the breadwinner or guardian of a child under three years of age or a disabled person under 18 years of age in a family with three or more children and the second parent does not work.

Work upon dismissal

Fact
The exceptions are persons whose contract period does not exceed 2 months or seasonal employees. For them, the working period is 3 days.

How long is a notification stored?

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

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

The notice must be stored for 75 years, which is required by Article 654 of the List of Standard Archival Documents.