Concluding an employment contract for a certain period is quite convenient for the employer, since upon termination of the employment relationship no special grounds for dismissal are needed. For an employee, on the contrary, in most cases this is a necessary measure.
Nevertheless, the Labor Code establishes quite a lot of grounds for concluding a fixed-term employment contract. And if the employer still “lacks” the grounds and concludes such an agreement in violation of the law, as a result, the employee may be reinstated after dismissal, and the agreement may be reclassified as permanent.
In the article we will consider in which cases the conclusion and termination of a fixed-term employment contract is legal, and in which it can be considered illegal.
Grounds for termination of a fixed-term contract
By virtue of Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. In this case, an employment contract concluded:
- for the duration of certain work, - terminates upon completion of this work;
- for the duration of the duties of an absent employee - terminates when this employee returns to work;
- to perform seasonal work during a certain period (season), - terminates at the end of this period (season).
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.
Of course, a fixed-term contract can be terminated ahead of schedule in cases established by the Labor Code of the Russian Federation, but we will consider specifically the termination of employment relations due to the expiration of the contract.
Expiration of the employment contract
The employer has the right to terminate a fixed-term contract upon expiration of its term without the consent of the employee. Depending on the specifics, termination may occur for various reasons:
- when issued for the period of implementation of any work, it is terminated after its completion;
- when concluding a contract for the period of absence of the main employee (for example, when sick leave is issued), termination occurs upon the return of the main absent employee to perform his official duties;
- When drawing up a document for seasonal work, termination occurs at the end of the season.
In addition, the employer also has standard grounds for termination (repeated disciplinary offenses, theft of property, failure to meet the requirements of the position, etc.).
Extension of deadline
If, at the end of the validity period of the described agreement, the maximum period of which is five years, neither party has made another demand for the need to terminate the document, it can be extended.
In such a situation, adjustments are made to the document by issuing an additional appendix. Then the fixed-term agreement ceases to be such, and the employee continues to work in the organization on a permanent basis.
It is important to understand that a working citizen is not obliged to continue to perform his job duties after the end of the agreement period. If the manager has not expressed his desire for an extension, then the employee can work the last day and not go to work in the future. This fact will not be classified as absenteeism.
IMPORTANT! If the employer expressed a desire for an extension, and the employee refused him this, then completing the termination procedure and settling the settlement with the employee becomes the responsibility of management.
How to determine the deadline for warning an employee about the expiration of a fixed-term employment contract?
The material was prepared by specialists from the Center for Accounting and Taxation Methodology
In accordance with the fixed-term employment contract concluded on March 13, 2009 by the employer, an organization engaged in consumer services and being a small business with 8 people, and the employee, the contract period is 1 year. The organization asks for clarification of what is the maximum minimum notice period for an employee to terminate an employment contract due to its expiration - March 9, 2010, or March 11, 2010 (in the organization, a five-day period with Saturday and Sunday days off), if the employee is fired March 15, 2010, taking into account the rules of Article 14 of the Labor Code?
Part three of Article 14 of the Labor Code stipulates that terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week of the term. The period calculated in calendar weeks or days also includes non-working days.
Based on part four of Article 14 of the Labor Code, if the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it. By virtue of Article 58 of the Labor Code, employment contracts can be concluded: 1) for an indefinite period; 2) for a certain period of no more than five years (fixed-term employment contract), unless a different period is established by the Labor Code and other federal laws.
According to part two of Article 59 of the Labor Code, by agreement of the parties, a fixed-term employment contract can be concluded with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 Human).
According to paragraph 2 of part 1 of Article 77 of the Labor Code, the basis for termination of an employment contract is the expiration of the term of the employment contract (Article 79 of the Labor Code), except in cases where the employment relationship actually continues and neither party has demanded its termination.
Based on Article 79 of the Labor Code, 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. March 13, 2010 – Saturday, March 15, 2010 – Monday.
Taking into account the provisions of Article 14 of the Labor Code, a fixed-term employment contract in this situation is subject to termination on the next working day following 03/13/2010, i.e. 03/15/2010.
The Labor Code, in relation to the situation when the last day of a fixed-term employment contract falls on a non-working day, does not establish whether the second sentence of Part 1 of Article 79 of the Labor Code refers to the date of actual dismissal, or the date of termination of the contract based on the terms of the employment contract.
It seems that in this case the employee must be warned in writing about the termination of the employment contract due to its expiration at least three calendar days before the date of actual dismissal, because This day is the last day of work of the employee.
Thus, the maximum minimum period for warning an employee about termination of an employment contract due to its expiration in this situation is March 11, 2010.
Is it possible to terminate a fixed-term employment contract early?
Early termination of the agreement can occur either at the initiative of the employee or at the initiative of the immediate superior. Suspension of the implementation of the agreement before the end of its deadline is quite possible. And the law contains a number of reasons for this:
- if the circumstances due to which the agreement was concluded cease to exist before the expiration of the validity period. For example, there is no longer a need to carry out work. Then, the amount of actions actually performed is paid;
- upon termination of the functioning of a company or institution - bankruptcy or reorganization in the form of merger. In any of these cases, the company ceases to exist as an independent entity and ends its activities;
- the employee has committed a serious disciplinary offense. This could be absenteeism or coming in drunk;
- carrying out reductions at the enterprise. It may well affect persons working on fixed-term contracts;
- if the employer did not provide equipment for the workplace or normal working conditions.
These are the main circumstances when communication between the parties is broken.
Termination of an employment contract by agreement of the parties
If mutual understanding is reached between the parties to the relationship, the agreement can be terminated prematurely. No sanctions are expected. Each party agrees to terminate the relationship on a voluntary basis.
However, the reasons may be different. However, termination of the relationship must be formalized properly. You can create a separate
.
Termination of a fixed-term employment contract at the initiative of the employer
This is possible due to certain circumstances. These include violation of discipline by an employee, provision of false documents during employment.
Such facts are grounds for disciplinary action. This must be formalized by an appropriate order. And one of the points of the order will be an indication to stop relations between the parties.
Termination of a fixed-term employment contract at the initiative of the employee
The reasons for such an action must be compelling. As a rule, this occurs due to poor equipment of the workplace or due to management’s evasion from fulfilling other obligations.
As an example, let’s take a situation where an employee is not provided with transportation to their place of work and is not paid remuneration. The employee has the right to demand additional compensation.
Is it possible to terminate a fixed-term contract with a pregnant woman?
The rules of working relations with such an employee are regulated by Art. 261 TK. Grounds for suspension may include:
- desire of the employee;
- by agreement of the two parties;
- non-renewal of a fixed-term employment contract;
- an employee who was replaced by a pregnant woman took over the position and there is no possibility of assigning her to another suitable position (if she agrees to the transfer)
- termination of the organization's activities.
Based on the reasons for the end of a relationship, significant consequences occur. However, the fact of pregnancy does not in any way guarantee the preservation of the relationship between the parties. When the above circumstances occur, the relationship terminates automatically. Termination of the agreement is permitted by law within seven days after the birth of the employee's child.
Termination of a fixed-term employment contract due to the employee’s resignation
This basis is expressly provided for in the law. It is enshrined in Art. 79 Labor Code of the Russian Federation. When he leaves, to replace which an employee was invited under a fixed-term agreement, the validity of the document ends.
And there is no reason to extend it. In this case, management is not obliged to notify the person about taking up the duties of the main worker.
Termination of a fixed-term employment contract during sick leave
There is also no reason to continue the relationship between the parties. Being on sick leave will not be a reason to save the relationship. Therefore, removal from work occurs on the day of leaving sick leave.
And no exceptional circumstances are expected.
Termination of a fixed-term employment contract upon expiration of the term
This is a classic reason for the end of a relationship between parties. The employer should notify the employee of the expiration of the period three days in advance. This is the limit value.
Notification on later dates is not permitted. If this happens on the day of suspension from work, the relationship will be extended for three days.
Termination of a fixed-term employment contract upon expiration of the term - sample order
The end of the relationship between the parties is formalized by order. It is drawn up in the form prescribed by law. A unified form is presented that is suitable for any organization or company. The sample contains references to the law and includes all the necessary sections.
The procedure for dismissal under a fixed-term employment contract
Dismissal under a fixed-term employment contract requires the manager to notify the citizen in advance of the fact of termination. The notice period is at least three days before the expected date of termination of the working relationship. It is given to the employee for review. This fact is confirmed by his handwritten signature.
Sample notice of termination of an employment contract
To draw up a notification, the Labor Code does not provide any unified form. It is filled out in free form in compliance with generally accepted rules for drawing up official documentation. It contains the following information sequentially:
- document serial number;
- details of the organization (full name, location address);
- resolution – information about the termination of the agreement on a specific date;
- reference to the legislative act on the basis of which the procedure is drawn up;
- Full name and signature of the manager (can be replaced with the signature of a person with the authority to carry out procedures for hiring and dismissing citizens);
- Full name and signature of the employee confirming the fact of familiarization with the document.
Typical sample:
You may be interested in: How to draw up a part-time employment contract?
Sample act of acceptance of completed work
If a fixed-term contract was concluded with a citizen for the period of performance of any work, then the basis for its termination is their completion. In this case, before issuing a dismissal order, an act of acceptance of work must be issued.
To compile such a document, a universal form is used, published by the State Statistics Committee under the number T-73. The act is drawn up in two copies, one of which is entered into the employee’s personal file, and the second is issued to the employee. The date of termination of the business contract in this case will be the day following the date of publication of the act.
Sample form of an act of acceptance of work performed:
Order of dismissal due to expiration of a fixed-term employment contract
An order to terminate the described document is issued according to a standard algorithm. In the document, in the “grounds” column, the phrase “expiration of the agreement” is indicated. To compile, use the standard T-8 form or the organization’s own form.
Typical sample order:
Entry into the work book
In addition to issuing the order, the manager is obliged to make an entry in the citizen’s personal work book. The algorithm for its registration is regulated by the provisions of the articles of the fifth section of the instructions prescribed in the PP of the Ministry of Labor No. 69.
Sample entry:
