Dismissal under a fixed-term employment contract. Dismissal upon expiration of the employment contract. Reasons for terminating an agreement between a boss and a subordinate

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

Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. Including:

concluded for the duration of certain work - upon its completion;
prisoner for the duration of the duties of an absent employee - upon his return;
contracted to perform seasonal work during a certain period (season) - at the end of this period (season).

Dismissal upon expiration of the employment contract

The employee must be notified in writing of the termination of the labor contract due to its expiration at least three calendar days before dismissal, except in cases where the period of validity of the labor contract concluded during the performance of the duties of the absent employee expires.

The original notification is given to the employee personally, and on the copy of the notification he must put a personal signature with a transcript, as well as indicate the date of receipt of the notification. A copy of the document is filed in the employee’s personal file.

If you refuse to familiarize yourself with the notification, a corresponding act is drawn up.

Sample notice of termination of a fixed-term employment contract

Expiration of a fixed-term employment contract to perform work

The dismissal procedure after the expiration of the employment contract concluded for the duration of the specific work begins with the preparation of an act of acceptance of work performed according to the STD. This is the basis for termination.

To do this, you can use the act of the unified form No. T-73, approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for the accounting of labor and its payment.” However, the use of this form is not mandatory. The parties can draw up an act in free form.

The act is drawn up in two identical copies. The employer's copy is filed in the employee's personal file. The expiration date of the STD will be the day following the date of issue of the act.

Sample act of acceptance of work performed under a 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.

Entry into the work book

The employer is obliged to issue it on the day of dismissal. The procedure for making an entry in it upon termination of a TD is prescribed in Section. 5 of the Instruction approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69.

If the fixed-term employment contract has not expired

The STD may be terminated before the expiration of its term on the grounds set out in Article 77 of the Labor Code of the Russian Federation. The procedure is the same as for terminating a TD concluded for an indefinite period of time.

Extension of a fixed-term employment contract

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

The employer must keep in mind that he does not have the right to demand fulfillment of duties after the expiration of the TD period. If he wants to extend the TD, then it is necessary to offer to conclude an additional agreement to the contract. Otherwise, the employee, having worked his last working day, may not go to work, and this will not be considered absenteeism.

Vacation and compensation upon dismissal

The conclusion of an urgent TD does not change the employer’s obligation to provide annual basic paid leave of 28 calendar days while preserving the place of work and average earnings. In accordance with Article 127 of the Labor Code of the Russian Federation, upon dismissal, monetary compensation is paid for all unused vacations. Wherein:

Those employed in seasonal work are provided with paid leave at the rate of two working days for each month worked (Article 295 of the Labor Code of the Russian Federation).
Those who have entered into a labor contract for a period of up to two months are provided with paid leave at the rate of two working days per month worked (Article 291 of the Labor Code of the Russian Federation).

Special cases

A special case is the dismissal of a pregnant woman after the expiration of the TD period. With the exception of the case that will be discussed below, dismissal of a pregnant woman after the expiration of the TD period is impossible. The employer is obliged to extend the employee's TD if she submits an appropriate application and a medical certificate confirming pregnancy. The validity period of the TD should be extended until the end of pregnancy, regardless of the reason for its end.

The date of dismissal in this case will be:

if the employee has been granted maternity leave, the day on which this leave ends;
if such leave is not granted - within a week from the day the employer learned of the end of the pregnancy.

Maternity benefits, when registering in the early stages of pregnancy and at the birth of a child, are calculated and paid in the usual manner. Parental leave is not provided.

An employer has the right to dismiss a pregnant woman after the expiration of an urgent work permit, subject to the following conditions (Part 3 of Article 261 of the Labor Code of the Russian Federation):

an urgent TD was concluded for the duration of the duties of an absent employee;
transfer of an employee with her consent to another job available to the employer and not contraindicated for her health reasons is impossible.

In this case, the employer is obliged to offer the pregnant employee all the vacant positions or work that he has in the given area that correspond to her qualifications, as well as vacant lower positions or lower-paid work that the woman can perform taking into account her state of health.

A fixed-term contract is concluded for a certain period of time or until the occurrence of an event, for example, the departure of an absent employee. Whether it is necessary to write a letter of resignation under a fixed-term employment contract depends on the reasons for its termination and from whose side the initiative comes.

Reasons for dismissal

Among the main reasons for terminating a fixed-term employment agreement are:

fulfillment of the conditions specified in the employment contract under which it is terminated. For example, the departure of a permanent employee, in whose place a new person was temporarily hired;
performing the work for which the person was hired;
mutual agreement between the parties;
initiative of one of the parties.

Dismissal is also provided upon expiration of the specified period. In this situation, if the parties do not insist on severing the employment relationship, then the fixed-term contract is transferred to the status of an open-ended one, which eliminates the need for dismissal.

At the initiative of the employee

The initiator of termination of the employment relationship may be the employee himself. Among the most popular reasons are:

impossibility of further performance of duties due to illness or disability;
serious illness, including that of a third party;
violation by the manager of the obligations specified both in the employment contract and in the Labor Code of the Russian Federation;
change of place of residence;
victory in the competition for an elected position.

The employee is obliged to notify the manager in advance of his desire by sending a written notice. By agreement of the parties, the procedure can be carried out earlier than the stipulated period.

If for some reason the manager refuses to terminate a previously concluded contract with an employee, the employee can go to court or the CTS.

It is important to know! Labor legislation prohibits dismissing a person on sick leave. The exception is situations with initiative from this person.

At the initiative of the employer

The employer may terminate the contract for the reasons provided for in Article 81 of the Labor Code of the Russian Federation, including due to:

liquidation of the organization;
staff reductions;
discrepancies between the qualifications and skills of the employee and the position he temporarily occupies;
failure to perform or improper performance of duties assigned to the employee;
change of owner of the enterprise;
violations of labor discipline;
actions on the part of the employee, as a result of which damage was caused to the enterprise;
immoral behavior of the employee;
providing false information when signing a contract;
other reasons provided for by the concluded agreement.

It is important to know! Pregnant women can be dismissed only after leaving maternity leave. The contract may be terminated if a pregnant woman was hired to temporarily replace a key worker who returned early.

Sample application

If termination is carried out due to the expiration of the term, then an application is not required. Its role is a notification and an order issued by the employer. However, it is necessary if the employment relationship is terminated earlier than the period specified in the contract at the initiative of the employee himself. The document must be provided to the manager for review:

3 days before the date of departure, if the contract was concluded for a period of less than 2 months;
2 weeks in other cases.

There is no mandatory form for an application to terminate an employment contract at the legislative level, which allows the employee to draw up a document in any form. If the organization has developed its own application form, then a sample of it must be provided to the employee upon request. The document can be in printed or handwritten form. It must contain information:

about the full name and address of the organization;
the full name of the manager in whose name the application is being submitted;
about the position, full name, address, telephone number of the employee;
about a request to terminate the contract.

At the end there must be the date the document was drawn up and the employee’s signature. Next, the document must be submitted to the HR department.

Early termination is carried out by agreement of the parties or on the initiative of the employee. In such a situation, the employee’s request can be presented in the following form: “I ask you to terminate the Employment Agreement dated _______. (date of conclusion) No. ____ (number of the concluded agreement) by agreement of the parties _____. (date of desired dismissal) on the basis of _____ (article of the Labor Code of the Russian Federation. When executed by agreement - clause 1, part 1, article 77 and article 78, on the initiative of the employee - clause 3, part 1, article 77 and article 80 of the Labor Code RF)".

It is important to know! The employee may at any time before the date of proposed dismissal withdraw the application and continue working until the expiration of the contract. The exception is situations when a new employee has already been found in his place, who was transferred from another organization or has preferential benefits.

Calculation and entry into labor records

On the last day of work the calculation is made. With a fixed-term employment contract, the employer is obliged to pay funds for the period worked and compensation for vacation that was not used. Benefits or other types of compensation are provided only if they were provided for by a collective agreement or other agreement.

An entry in the work book is made on the basis of a dismissal order. It requires indicating the exact reason for termination of the employment relationship with reference to the relevant article. The work certificate is issued in person against a signature in the accounting journal.

A fixed-term contract is subject to termination after the expiration of the term or fulfillment of the specified condition. However, the employment relationship can be terminated at the initiative of the employee. To do this, you need to submit a resignation letter drawn up in accordance with generally accepted standards. This document can be presented as evidence in case of legal proceedings.

Features of the termination of fixed-term employment contracts are provided for in Article 79 of the Labor Code of the Russian Federation. According to it, the end of the validity period of the document is recognized as an independent basis for the cancellation of the contract with the employee.

Article 79 of the Labor Code of the Russian Federation. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period.

The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work. An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Dismissal does not occur by decision of the employer, but according to pre-agreed conditions that are reflected in the law.

Such conditions include:

exit of a permanent employee who was replaced by a temporary one;
the end of seasonal or short-term work for which a person was hired (Article 77 of the Labor Code of the Russian Federation);
resignation of an employee by agreement of both parties (Article 78 of the Labor Code);
dismissal initiated by an employee (Article 80 of the Labor Code) or by the employer (Article 81 of the Labor Code).

Russian legislation provides for a lot of regulatory documents, where reflects the features of dismissal of contract workers. First of all, this is the Labor Code of the Russian Federation, which regulates general labor relations. To regulate the employment of certain categories of citizens, there are federal laws for employees of the Ministry of Internal Affairs, civil servants and military personnel.

With whom it is impossible to terminate the contract after the expiration of the term?

A special approach is required when dismissing a pregnant woman who is employed under a temporary contract. If the contract has expired and the woman has announced her pregnancy, the manager is obliged to extend the contract until the employee gives birth. After the birth of a child, the employer has the right to issue an order to dismiss her.

Important! Exceptions are possible only when the company is liquidated or the individual entrepreneur is closed - then all employees are fired.

In cases where a pregnant employee under a temporary contract replaces an absent employee, after the permanent employee leaves, the employer offers her any available vacancy at the enterprise. The location must be suitable to the woman’s health condition and meet her skills and qualifications.

When an employee is transferred, a new contract is not concluded: an additional agreement is drawn up to the old contract, in which new working conditions are discussed. This responsibility of the manager is reflected in Part 3 of Art. 261 Labor Code of the Russian Federation.

Reasons for terminating an agreement between a boss and a subordinate

In addition to the end of the contract, there are also grounds on which an employee can be removed before the expiration of this period. The procedure can be initiated by the manager. Article 81 of the Labor Code of the Russian Federation stipulates the full range of grounds for dismissal:

Step-by-step algorithm of actions

Let's consider the stages of the dismissal procedure under a fixed-term employment contract. She has a certain order.

The process of dismissal due to the expiration of a temporary contract is prescribed in Part 2 of Article 77 of the Labor Code of the Russian Federation. In cases where neither party has expressed a demand to end the employment relationship, the contract is considered to be continued indefinitely.

Attention! It is important for the employer to consider timely notification of the employee about the expiration of the contract. If before the termination of the term the manager did not warn about dismissal and does not plan to leave the employee in the same place, this cannot be done later on the same grounds. The employee becomes permanent.

Employee notification

Despite the fact that the employee is notified in advance about the duration of the contract, the employer must notify him of his dismissal. A notice is issued for this purpose. In accordance with Article 79 of the Labor Code of the Russian Federation, an organization that does not intend to continue a temporary relationship with an employee notifies him 3 working days in advance (it is better to play it safe and start the procedure a little earlier).

Notification occurs in several stages:

Drawing up a notice. Notification is a written act signed by the director or his authorized person. It indicates the reason for dismissal - in our case, “expiration of the contract” and the date of departure of the employee. There is no generally accepted form for drawing up a document; each manager draws up a notification at his own discretion. Drawed up in 2 copies for both parties.
Registration of the act. The notification is registered in the notification and orders register, after which the number and date of registration are placed on it.
Employee introduction. It is better if the notice is delivered personally to the person being dismissed. He must sign the employer’s copy indicating that he has read the contents of the act and agrees to avoid subsequent disputes about illegal dismissal.

Subsequently, this copy will be numbered and filed with the employee’s case log. If the employee refuses to sign, an act of refusal to familiarize is drawn up. The act is signed by 3 witnesses.

If personal delivery is not possible, notification will be sent by certified mail. with a description of the attachment to the employee’s home address. This precaution will avoid possible disputes if the employee decides to appeal the dismissal, citing inadequate notice.

Example notification: “Dear Maria Alexandrovna! We notify you that the executed employment contract No. 02/07 dated 04/02/2013 will be terminated on 08/05/2016 due to the end of its validity period.”

Filling out the application

When dismissal due to expiration of the employment contract, an application from the employee is not required.

Note! If an employee independently expresses a desire to resign before termination of the contract, he must submit an application to the director 2 weeks before the date of resignation. The director signs the application if he agrees with the employee’s decision.

Application example:“Dear Viktor Sergeevich! I ask you to consider the proposal to terminate the temporary employment contract No. 127 dated 06/01/2010 in accordance with paragraph 1 of Article 77 of the Labor Code of the Russian Federation (by agreement of the parties) on 10/15/2013.

Issue of an order

Employee calculation

The end of employment is accompanied by payment to the employee of all amounts due, as evidenced by Part 1 of Article 140 of the Labor Code of the Russian Federation. The employee receives payment on the day preceding the day of departure.

Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Accounting includes:

salary earned in the last month;
reimbursement for unused vacations.

Full payment to the employee occurs on the final day of work. If he was on a day off, the calculation takes place on the next day of his appearance in the organization.

Important! If the contract expires due to the reorganization of the company or layoffs, management additionally pays monetary compensation.

Video with explanations to Art. 140 of the Labor Code of the Russian Federation on the terms of monetary settlement upon dismissal of an employee:

Registration of a work book

The entry in the work book is made on the basis of an order. The date from which the activity ceases is indicated, and in the column “job information” record is made: “Dismissed due to termination of the employment contract, paragraph 2 of Article 77 of the Labor Code of the Russian Federation”.

Below in the photo you can see an example of an entry in a work book:

The entry below is confirmed by the seal of the organization and the signature of the director. The employee signs the work book, confirming agreement with the dismissal. He also leaves a signature in the work record book.

Important! If it is not possible to hand over the work book in person, the manager sends an invitation to the employee to pick up the work book. The employee can come for the document himself or receive it by mail with a notification.

What documents are issued after the procedure?

On the final day, the employee must receive:

work book;
full cash settlement;
certificates of average salary for 2 calendar years, if required.

A copy of the work book is taken by the manager and goes to the archives.

Video about the specifics of dismissal due to the end of a fixed-term contract and the need to notify the employee:

Fixed-term contracts are being used more and more often in organizations. Since the process of their preparation and cancellation is quite complex and has many nuances, legislation tried to take into account the interests of both the leader, and the employee. In the article, we tried to outline step by step all the intricacies of the dismissal process, and we hope that you will not encounter difficulties when terminating fixed-term contracts.

The procedure for signing a fixed-term employment contract, its cancellation and other significant circumstances are regulated in detail by the provisions of the Labor Code of the Russian Federation. According to the requirements of the law, signing a fixed-term employment contract is permitted only in special cases.

That is, the employer should not have an objective opportunity to enter into an open-ended agreement with the employee. In addition to concluding agreements, labor legislation contains a number of rules regarding the dismissal of employees who work under such agreements.

Dismissal under a fixed-term employment contract, Article 77 clause 2 or 79 clause 2

The law provides several reasons for this. The main ones are directly indicated in Article 79 of the Labor Code of the Russian Federation.

The specified reasons for dismissal should be described in more detail:

when an employee returned to work, whose place was occupied by a temporary worker. Similar situations include replacing an employee who is on maternity leave to care for a child or a pregnant woman. Cases of long-term illness of an employee may also lead to the hiring of a temporary employee in his place. If the main person goes to work, then the fixed-term employment contract ends and the person is subject to dismissal;
at the end of the period for which the person was hired. As a rule, in this case we are talking about seasonal periods. When the relevant season ends, the temporary worker is subject to dismissal.

Therefore, Art. Art. 77, 79 of the Labor Code of the Russian Federation provide as grounds for termination of employment relations either the occurrence of one or another event, or the end of the period of validity of the agreement.

Reasons for dismissal under a fixed-term employment contract

The legislation contains several rules that apply when terminating a relationship with a temporary employee. They should be specified in more detail:

the main reasons are reflected above and are expressly stated in the law;
with a temporary agreement, the employee is subject to all rules on work routine, discipline, work safety rules, and so on. In addition, he is obliged to perform his duties efficiently and ensure high performance indicators. This means that if discipline and working conditions are violated, the employee may be dismissed under the relevant article of the Labor Code of the Russian Federation (dismissal is discussed in more detail). For example, in case of absenteeism or systematic failure to fulfill his duties, the employee will be fired;
Termination of legal relations with the employer is permitted by mutual agreement. In this case, the parties should not have claims against each other. Only in the absence of conflicts is it possible to terminate the relationship by consent. In this case, the parties can stipulate mutual conditions and are obliged to comply with them;
it is possible to terminate legal relations under a fixed-term contract and on the personal initiative of the employee. There could be a variety of reasons for this. But the employee has an unconditional right to this.

Thus, these legal relations are governed by the usual rules of law, which apply to other types of agreements.

Dismissal at your own request with a fixed-term employment contract

This reason is quite possible. But there are also restrictions for employees. They are required to notify their employer of the decision two weeks in advance. If the notification arrives later, the employer has the right not to dismiss the person and move the termination date further back.
Such a guarantee is necessary to find another employee for a vacant position.

Dismissal at the initiative of the employer

With a fixed-term employment contract, dismissal is also possible at the initiative of management. The reason is always a violation of discipline by an employee or poor performance.
He may be systematically late or fail to meet production quotas. In this case, a violation must be recorded every time. And after recording, the person should be subject to disciplinary punishment.

Dismissal due to the end of a fixed-term employment contract

If the agreement sets a deadline for its completion, then it is considered terminated upon the arrival of this period. There is no need for additional notifications or negotiations. Termination of legal relations occurs automatically. This is a direct consequence of the law.
But the agreement can be renegotiated by agreement of the parties.

Notice period for dismissal under a fixed-term employment contract

Not only the employee, but also the employer has obligations. One of his responsibilities is the need to warn the employee about the termination of the relationship.

The law establishes such a mandatory period. It is 3 days. This period is counted until the date of termination of the legal relationship.

Calculation of compensation upon dismissal under a fixed-term employment contract

Compensation for leave under a fixed-term employment contract upon dismissal occurs if the agreement lasts more than six months. In this case, compensation for vacation that will not be provided should be calculated.

The calculation is based on the person's average monthly earnings. The average daily income is calculated and multiplied by 14. This is the number of days of possible vacation.

Sample letter of dismissal under a fixed-term employment contract

The Statistics Committee has developed a special form for such orders. It includes a number of mandatory details and provisions. This is the official form.

Is it possible to fire a pregnant woman under a fixed-term employment contract?

Is it possible. If the grounds on which the person was employed no longer exist, the woman may be dismissed. In addition, if she commits disciplinary offenses, the agreement will also be terminated.

In addition, if the enterprise ceases to exist, then the legal relationship with the woman should be terminated.

Employees can be hired either permanently or for a limited period. In the latter case, fixed-term employment contracts are concluded between the organization (enterprise) and the staff. Article 59 of the Labor Code of the Russian Federation defines special criteria with which the legislation connects the possibility of signing a fixed-term contract. When hiring personnel under such conditions, it should be taken into account that in the mentioned case the dismissal procedure has its own characteristics.

First of all, each party to the employment contract must have firm confidence that a fixed-term contract has been concluded with the employee. The requirements of Part 3 of Article 58 of the Labor Code of the Russian Federation stipulate the following: if the text of such a document has not specifically specified the validity period (a specific termination date has not been identified), then the contract is not recognized as fixed-term. That is, it is assumed that it is issued for an indefinite period of time. At the same time, if the contract is recognized as unlimited, then its termination is possible only on the grounds set out in Chapter 13 of the Labor Code of the Russian Federation.

For the purpose of dismissal of personnel with whom fixed-term contracts were issued, a special rule is provided (namely, clause 2, part 1, article 77 of the Labor Code of Russia). However, its presence does not exclude the possibility of termination of obligations under a fixed-term contract by virtue of agreement of the parties or due to such grounds as ordinary personal desire.

Expiration of the employment contract

According to Article 79 of the Labor Code of the Russian Federation, employment contracts of a fixed-term nature are subject to termination due to the expiration of their validity period. Employees must be notified in writing of the impending occurrence of this circumstance no later than 3 days (calendar) before the actual dismissal. At the same time, the only exceptions are traditionally recognized only in situations where fixed-term contracts, issued while replacing absent specialists, expire.

Contracts that were signed for the period of performance of certain works are subject to termination upon completion. Contracts concluded for the duration of the duties of absent employees are terminated when such employees return to work. Contracts issued for the purpose of performing seasonal operations terminate at the end of the season.

Termination at the initiative of the employee

The procedure for terminating fixed-term contracts if there is initiative on the part of employees is similar to the rules for terminating contracts that were signed for an indefinite period.

The general requirements for these cases are established in Article 80 of the TKPF, which provides for the right to terminate employment relations with written warning to the employer no later than 2 weeks in advance. The calculation of this period begins from the next day after the confirmed fact of receipt by employers of the resignation letter. Such confirmation can be received either in the form of a mark on the second copy of the application or in the form of a tear-off notification coupon. If the implementation of none of these options is possible, then the applications can be sent by employees as valuable registered items with an inventory of the contents and receipt receipts.

However, the legal norm of Part 3 of Article 80 of the Labor Code of the Russian Federation stipulates that if employees submit applications for dismissal due to the impossibility of work (in particular, in connection with admission to study or retirement), the management of organizations is obliged to ensure the termination of contracts on the day specified by the specialists in the applications.

Termination at the initiative of the employer

The reason for the termination of fixed-term contracts due to their expiration is in no way related to the initiative of employers. But such contracts can be terminated by employers before their expiration date. For this, a wide list of grounds outlined in Article 81 of the Labor Code of the Russian Federation can be used. In particular, the employing organization may dismiss an employee with whom a fixed-term contract was concluded in the following situations:

liquidation of the enterprise;
termination of work of individual entrepreneurs;
inadequacy of specialists for their positions due to their low qualifications;
staff reductions;
identifying facts of repeated failure by employees to perform official functions without good reason (if there is a disciplinary sanction);
a single gross violation of official duties by an employee (in the form of absenteeism, showing up at work drunk, divulging secrets protected by law, deliberate damage to property, theft, safety violations);
change of owners of the enterprise (in situations related to the dismissal of management and chief accountants);
commission of actions found guilty by specialists to whom goods and materials were entrusted;
making unfounded decisions by management and chief accountants that resulted in damage to the property of organizations;
commission of immoral offenses by specialists implementing educational tasks;
employees providing false documentation to employers when applying for a job.

Fixed-term contracts with the management of an organization can also be terminated on other grounds, which must be specified in the text of the contracts. In addition, Article 81 of the Labor Code of the Russian Federation stipulates the employer’s right to terminate contracts in other cases, namely:

in case of unsatisfactory test results during hiring (Article 71 of the Labor Code of the Russian Federation);
in case of gross violation by teachers of the statutes of educational institutions twice during the year (clause 1 of Article 336 of the Labor Code of the Russian Federation);
when athletes are disqualified for a period exceeding 6 months (clause 1 of Article 348.11 of the Labor Code of the Russian Federation);
if athletes fail to comply with the current rules of the anti-doping system (clause 2 of Article 348.11 of the Labor Code of the Russian Federation);
when authorized entities make decisions aimed at terminating contracts with enterprise managers (Article 278 of the Labor Code of the Russian Federation);
upon removal from duties of managers of debtor enterprises in the event of bankruptcy proceedings (Article 278 of the Labor Code of the Russian Federation);
with proven use by teachers of unworthy methods of education (clause 2 of Article 336 of the Labor Code of the Russian Federation).

In addition, special legislative norms provide regulation of issues of termination of contracts at the initiative of employers in the Ministry of Emergency Situations, internal affairs bodies, government agencies, etc.

Registration of termination

Competent execution of termination of fixed-term contracts involves the implementation of a number of procedures. Thus, the most important point is the notice of termination of the contract, which the employer must give to the dismissed employee on time. In the absence of notification, the organization faces the risk of recognizing the contract as signed for an indefinite period (Part 4, Article 58 of the Labor Code of the Russian Federation). Therefore, the notification procedure must be implemented in writing no later than 3 days before the end of the contract. The notification is drawn up in two copies and signed by the manager or a special authorized person. The dismissed employee leaves his signature on the copy that remains in the organization.

The most important stage of registration is the issuance of an order to terminate the contract. The basis on which an employee is dismissed must be stated in such an order strictly as in the Labor Code of the Russian Federation, without changes: clause 2, part 1, article 77 of the Labor Code of the Russian Federation - expiration of the employment contract. The document must be certified by the signature of the manager, HR specialist and the company seal. The dismissed employee must be familiarized with this order against his signature. Such an order is issued no later than the last day of work of the employee with whom the fixed-term contract is terminated.

Application for termination at will

If an employee wishes to terminate a fixed-term contract, he must fill out a statement (warning) about this. This document is drawn up in any form. The will to dismiss must be confirmed by the employee’s signature. In such a statement, it is necessary to clearly and unambiguously indicate the date of dismissal (preferably without using the preposition “from” to eliminate discrepancies in determining the last working day).

Recording in labor

Based on the order to terminate the contract, employers must make an entry in a document such as the work book of the dismissed employee. It must reflect the basis, identical to the order, in accordance with which the dismissal is carried out: clause 2, part 1, article 77 of the Labor Code of the Russian Federation - expiration of the employment contract.

Entries made in work books, by virtue of clause 41 of the Decree of the Government of the Russian Federation No. 225 of April 16, 2003, must be certified by the signatures of personnel specialists and the seals of enterprises. According to clause 35 of the mentioned Resolution, as well as by virtue of Article 84.1 of the Labor Code of the Russian Federation, the provision of work books to dismissed employees by employers is ensured on the day that is the moment of termination of the contract.

The fact that dismissed specialists have received these documents in their hands confirms with their signatures in personal cards and special books for recording the movement of work records.

Calculation and payments upon termination

By virtue of Article 140 of the Labor Code of the Russian Federation, upon termination of employment contracts (including fixed-term ones), the transfer of all amounts due to dismissed employees from employers is carried out strictly on the day of dismissal. If the specialists did not work on this day, then all necessary payments must be made no later than the day following the date the dismissed specialists presented the corresponding demands for final payments.

If there is a dispute about the amount of payments, then in accordance with Article 140 of the Labor Code of the Russian Federation, employers have an obligation to pay the undisputed amount of funds within the mentioned period, including in terms of wages and compensation for unused vacation.

Payment of compensation to pregnant women

When terminating fixed-term contracts with pregnant female employees, a number of features must be taken into account. By virtue of Part 2 of Article 261 of the Labor Code of the Russian Federation, an immutable principle applies in this situation: the contract must be extended until the end of pregnancy. According to the clarifications of the Supreme Court of the Russian Federation, contracts of an urgent nature are extended until the completion of the employee’s pregnancy, regardless of the reason for such completion (including abortions for medical reasons, miscarriages, birth of children).

If the expectant mother is on maternity leave, the contract is extended until the end of the maternity leave. In this case, the following conditions must be met:

the pregnancy status must be confirmed by a medical document, which must be updated every 3 months;
a pregnant employee must confirm in a written statement her desire to extend the term of her employment contract.

It should be borne in mind that employers have only a week to dismiss, starting from the moment when they should have learned about the end of pregnancy of an employee hired under a fixed-term contract (if she continues to work after the end of the waiting period for the baby). If such an employee takes maternity leave, then she can be fired no earlier than the end of this leave.

If a pregnant employee takes a “maternity” position, replacing a temporarily absent specialist, then, by virtue of Part 3 of Article 261 of the Labor Code of the Russian Federation, she can be fired in the only case: when she refuses to move to other vacancies offered to her by the employer company. At the same time, such an employee must be provided with information about all vacancies available at the enterprise that correspond to her state of health and level of qualifications.

Pregnant workers who have entered into fixed-term employment contracts must be granted maternity leave upon their request, based on medical documents. In this case the following are subject to payment:

before birth - 70 (for multiple pregnancy - 84) days (calendar);
after childbirth - 70 (for health complications - 86, for multiple pregnancy - 110) days (calendar).

There are often cases when the duration of maternity leave increases significantly due to employees receiving sick leave for additional time. Employers, having received an application for extension of maternity leave confirmed by medical documents, have the opportunity to terminate a fixed-term contract no earlier than the next day after the end of the maternity leave. Moreover, according to the general rule, employers are obliged, no later than 3 calendar days before the end of the vacation, to warn such employees about the impending termination of the contract.