How to fire an employee upon expiration of an employment contract? Entry in the employment record of dismissal upon expiration of the employment contract: rules for entry.

An employment agreement is the main local standard that regulates the working relationship between a subordinate and an employer, allowing the subject to receive the required package of social services for the duration of employment, and the manager to receive labor. Often, the document is drawn up for a certain period, so it is extremely important for both parties to the agreement to know the procedure for terminating the employment relationship due to the expiration of the contract.

Regulatory basis for dismissal upon expiration of the employment contract

The provisions of Art. 77 and art. 79 of the Labor Code of the Russian Federation regulates the powers of the company in connection with the expiration of the employee’s validity. Thus, the manager is obliged to notify the subordinate in advance about the end of the specified period in writing. The notification procedure must take place at least three days before the actual dismissal of the subject.

Upon expiration of a fixed-term employment contract, according to the Labor Code of the Russian Federation, things happen somewhat differently. In circumstances where a similar agreement is concluded with a person, which involves temporarily replacing the absent subject at his main workplace, the notification rule is not relevant. The document will be terminated upon the appearance of the main employee at the workplace.

In conditions where the contract is seasonal, the validity period expires upon completion of the season. In this case, the specific date is determined by the terms of the document.

When both parties to an employment contract are interested in prolonging the document, the agreement becomes indefinite. In this case, it is recommended to renew the contract or draw up an additional agreement to the existing one. After this procedure, the employer and subordinate continue to perform their respective duties.

The contract must reflect all the necessary information for it to have legal force, namely: frequency of action, level of wages, rights and obligations of the parties, terms of reduction, etc. In particular, the conditions for reducing the subject and the period of validity of the agreement are particularly relevant. These sections allow the manager and employee to have a complete understanding of the duration and essence of the labor relationship.

If the document does not indicate the frequency of action, in the event of litigation, the judge may consider the employee’s dismissal to be unfounded. In this case, the person will have the right to be reinstated and claim compensation.

Procedure for dismissal due to expiration of the employment contract

When dismissing a person due to the termination of his employment agreement, it is important to follow the following procedure:

1. The manager must take care to prepare the necessary notification to the employee about the upcoming dismissal procedure. The paper must be drawn up in two copies, one of which is sent to the subordinate three days before the actual expiration of his contract.
2. The reviewed notice must be registered in the journal specified by the company regulations.
3. Upon completion of the above actions, the manager prepares an order to remove a specific employee from his position due to the expiration of his contract.
4. The order must also be registered in the appropriate journal required by the regulations of the business entity.

Some organizations may have specialized journals for separately recording manager orders for hiring and dismissal from positions.

1. The subject being dismissed must be informed of the existence of a corresponding order from the manager and its contents, as proof of which the employee’s signature must be on the form. In conditions where it is impossible to familiarize the person with the order, or the subject refuses to sign the order, a corresponding note is made in the document.
2. For the purpose of final settlements with the employee, a note is drawn up regarding the subject’s salary. The paper calculates his salary, all additional payments, bonuses, compensation and other funds due to the person at the time of dismissal.
3. The actual issuance of funds to the employee must be made on the day of immediate dismissal due to the expiration of the agreement.
4. An employee’s personal work documents (work book and personal card) must contain a mark indicating the termination of work activity on the basis of a specific contract.
5. In order to replenish the archive, the manager must make a copy of the work book and officially certify each sheet.
6. In addition to financial resources, on the last working day the dismissed employee receives his employment documents.
7. In the journal of the movement of work books, the employee must confirm receipt of the relevant documents by signing.
8. Also, among other things, on the last return to work, the dismissed employee receives a certificate in form 2-NDFL, which will reflect the total amount of earnings.

Documentation of dismissal upon expiration of a fixed-term employment contract

The dismissed subject, as a sign of agreement with the upcoming procedure, must fill out an application addressed to the manager, which will serve as reporting documentation and the basis for further publication of the order on termination of the professional relationship. The following information must be included in this application:

At the end of the paper the person's signature and date are affixed.

In addition to the application, one of the documents in the standard package of documents for such a case is a notice to the subordinate, which indicates:

• full name of the company, as well as information about the employer, his full name and position;
• information about the dismissed employee, his full name and position in the genitive case;
• the number of the outgoing document and the date of its formation based on information from the register;
• In the main text of the notice, the employer must reflect in a polite manner information about the intention to terminate the employment relationship with the employee due to the expiration of the contract.

The paper must be endorsed by the signature of the manager and the seal of the company, if any.

Since the notice must be read by the subordinate, space should also be provided at the end for the date the subject received the document and for his signature. If the paper is not transferred from hand to hand, but by postal notification, the three-day period may be extended by a period determined by the work of the postal service or courier.

In circumstances where an employee refuses to sign the paper provided to him, an appropriate mark should be placed at the end.

In addition to the documents reviewed, the manager must correctly draw up an order for the dismissal of a subordinate due to the expiration of the validity period of his agreement.

The form of such an Order is regulated for all employers. In the “Grounds for dismissal” column, you must enter “expiration of the employment agreement.”

Informing the employee about the publication of the Order is also a mandatory procedure. It is assumed that the subject must put his signature and the date on which he was familiarized with the paper. In the absence of these provisions, dismissal is not considered lawful.

Payments to an employee upon dismissal upon expiration of the employment contract

Subjects whose employment contract expires have the right to count on a number of final payments due to dismissal. These include not only the direct salary amount, but also all other accruals and compensation amounts.

If the agreement was drawn up for a period of less than one year, then the calculation of amounts must be carried out in accordance with standard legal requirements. It is assumed that the person should be reimbursed for the full vacation that the subject has not yet used.

In cases where the work activity was of an urgent nature, payment for unused vacation is calculated according to the scheme “two days of rest for one month of the work schedule.”

If the employment agreement is terminated with the subject due to the expiration of its validity period, then severance pay will not be assigned to the citizen. Salary is provided for actual time worked.

Features of the procedure for appealing dismissal upon expiration of the employment contract

If the dismissed employee has not received notice of the expiration of the employment contract, the dismissal is considered unlawful. To appeal such a managerial decision, the subject must go to court.

The following documents will need to be attached to the claim:

• a copy of the contract;
• certificate 2-NDFL, which will justify the amount and time of payment of wages;
• a copy of the work book. It is important to note that every page must be copied.

The most important aspect of this procedure is documentary evidence of the illegality of the actions of the company administration.

The appeal procedure must be initiated no later than the first month from the moment of unlawful, in the employee’s opinion, dismissal.

Appeal is possible not only to the court, but also to the labor inspectorate and the prosecutor's office.

The nuances of dismissing employees upon expiration of the employment contract

Based on Art. 261 of the Labor Code of the Russian Federation, if an employee provides the employer with a certificate from the antenatal clinic about pregnancy, it is necessary to take into account her will to continue working. In such circumstances, even though the validity period of the agreement expires, the employer is obligated to do so for the entire duration of the subordinate’s pregnancy.

An employed woman must inform her boss in writing about her intention to continue working.

However, in circumstances where the employee was hired on the basis of a fixed-term contract, it is possible to dismiss her if, instead of the current position in the company, a commensurate alternative has not been found that corresponds to the woman’s skill level and physical characteristics due to her position.

Also specific is the situation when an employee goes on sick leave and the contract expires. In such circumstances, the employer has the right to notify the subordinate even during his illness. This is due to the fact that if the employee is not informed of the termination of the agreement, the contract will become indefinite.

If the manager does not express a desire to fire a subordinate, he should simply not notify the subject. Then the contract becomes indefinite. However, as noted earlier, it is recommended to draw up or re-execute the contract.

Thus, dismissal due to the expiration of the employment agreement is a strictly regulated procedure, in particular in terms of timing and documentation. It is important for both parties to the agreement to know its procedure, as well as their rights.

A fixed-term contract concluded with an individual assumes that the employment relationship will last a limited period of time and will end upon the arrival of a certain date or the completion of a specific event. If the period has expired, the contract terminates, and the employer is obliged to complete the dismissal procedure in accordance with all the rules of the Labor Code of the Russian Federation. A mandatory component of this procedure is the preparation and approval of the dismissal order, for which the standard T-8 form is successfully used. In this article we will tell you how to correctly issue a dismissal order upon expiration of the employment contract.

How to notify a conscript of an upcoming dismissal

The expiration date may not be determined by the arrival of a specific date, but by the completion of an event specified in the contract. Examples of this include hiring a person to replace a permanent employee (for example, during maternity leave), to perform a limited amount of work, to provide a specific service, when it is not possible to accurately determine the moment of obtaining the final result of the worker’s actions.

Depending on the reason for termination of the agreement, the procedure and timing of notification to the conscript changes.

The notification document must be drawn up on paper and certified by the signature of the responsible person of the employing organization. This document must be delivered directly to the conscript or sent by mail if personal delivery is not possible. Emergency employee notification deadlines:

• When performing certain work or providing a service within the framework of the contract - 3 days before the planned completion date of this work;
• When replacing a temporarily absent employee of the organization - on the day the absentee returns to the workplace;
• If a specific date for termination of the agreement is determined - 3 days before this date.

It is better to prepare two identical copies of the notice - give the first to the conscript, and take the second for yourself with the employee’s signature on it, confirming awareness of the upcoming completion of the work.

A conscript's being on sick leave or on any type of vacation is not a reason to extend the contractual relationship. The notification document is sent by valuable mail, and confirmation of delivery will be a paper received from the post office confirming delivery of the letter to the addressee. The sick leave benefit for a fixed-term worker is paid for the entire period specified in the certificate of incapacity for work, even if the fixed-term contract is terminated.

The only case when an employee cannot be fired even after the contract period has expired is if there is a pregnancy of any stage. In this case, the employer is obliged to wait until the pregnancy is resolved and then formalize the dismissal. This rule does not apply to the case when the work consists of replacing a permanent employee. If an absent employee returns to work, then even a pregnant conscript can be fired, unless, of course, there is another job suitable for her qualifications and level of health.

An employee working under a fixed-term contract and who is pregnant at the time of expiration must:

• extend the agreement if she writes a statement about it and provides a medical certificate about her situation;
• if maternity leave is provided 70 days before the date of birth, pay the appropriate allowance and dismiss upon completion of the maternity leave;
• if maternity leave is not provided, then dismissal can be made within a week after the end of pregnancy;
• The employer is not obliged to provide a conscript with maternity leave.

Sample and example of notification

The text of the document is formed in free form, and it is advisable to ensure the presence of the following details:

• Information about the employer (you can issue a notification on letterhead with details);
• Full name and position of the conscript in the genitive case at the top of the sheet;
• Name and title of the document;
• Number and date;
• A polite address to an employee, for example, “Dear Evgeniy Alexandrovich!”;
• Text in the form of a warning about termination of the contract under clause 2 of Article 77 of the Labor Code of the Russian Federation (the details of the contract are indicated);
• Manager's signature.

It is also advisable to provide a place for the signature of the person to whom this paper is addressed. When delivering a notification document to a conscript, you must require him to sign in the designated place and indicate the date. This record will confirm the employee’s awareness and compliance by the employer with the required dismissal rules upon expiration of the employment contract.

If the employee does not want to sign, his refusal must be reflected in the notification itself in the presence of witnesses or a statement of refusal must be drawn up. If the notice is sent by mail, it is not necessary to obtain the employee’s signature; a postal receipt of receipt will be sufficient.

Documents grounds for drawing up an order

To prepare administrative documentation, documentary evidence is required. If a dismissal order is drawn up due to the expiration of a fixed-term contract, such confirmation is the following documents:

• Notification of the employer about termination of activity;
• A clause in a fixed-term contract that indicates the moment at which it expires.

An application from an employee for dismissal due to the expiration of an employment contract is not required. The details of these documents are written in the corresponding line of the order.

How to draw up a dismissal order

For registration, it is better to use the unified T-8 form. Read also the article: → “”. The following fields are filled in sequentially in the form:

The generated and approved order is the basis for calculating payments upon dismissal, which include funds earned and not paid on the day of dismissal, monetary compensation for unspent vacation days. A conscript has the full right to 2.33 days of vacation for each month worked, if the total annual vacation duration is 28 days.

Severance pay is not paid to a dismissed conscript, unless otherwise provided by the company's regulatory documentation.

To calculate payments, a standard calculation note form T-61 is used. Read also the article: → “”. Next, on the basis of the order, a final entry is made into the personal card in the last eleventh section of the T-2 form, and a dismissal entry is also recorded in the work book. The record must include an exact repetition of the dismissal language and code clause from the order.

On the day of dismissal, the dismissed person receives accrued payments, a work book and a 2-NDFL certificate about the current year’s earnings and the personal income tax withheld from them. Upon written request, a copy of the dismissal order may also be provided.

How long is an order stored?

The completed order is registered in a special registration book (journal) for personnel documentation. Next, it is necessary to ensure its safety for a certain period established by archival documentation. For personnel documentation, including dismissal orders, the retention period is 75 years.

To ensure the safety of the document over such a long period of time, storage conditions should be properly organized, favorable climatic conditions should be created; the air in the room should not be humid. The place itself must have a high level of safety and security both from access by third parties and from the impact of unforeseen situations such as floods and fires. Ideally, orders will be stored in metal, fireproof and sealed boxes, safes with a lock.

An employment agreement is the most important document when applying for a job. Today, it can be terminated not only when the employee wants it, but also because there is dismissal upon expiration of the employment contract. What is this and how should an employee act legally in such a situation? Find out more in this review!

According to Art. 77 and art. 79 of the Labor Code of the Russian Federation, the basis for dismissal of an employee is the expiration of the term of the employment contract concluded by him with the employer. After this, the head of the institution where the employee is registered issues a dismissal order, which is drawn up (a sample order, how to correctly record an entry in the work book, as well as the procedure for dismissal will be discussed in the corresponding section of the review).

The end of an employment contract is the actual termination of all labor relations between the employee and the management of the company or organization in which the employee was registered.

Each contract has a term stated at the very end of the employment agreement. An employment contract that has been automatically extended by the employer or employee can be considered indefinite. To do this, the first one needs to continue to set work tasks for the subordinate, and the second one needs to continue to perform his work functions. In this case, the contract is extended automatically through the HR department, which puts a new term on the document.

Art. 77 of the Labor Code of the Russian Federation states that termination of an employment agreement cannot be carried out if neither the employee nor the employer has taken any action to terminate the employment agreement or if all the employee’s labor functions continue to be performed in the manner established under this agreement. This means that the employer did not tell the employee that his contract was being terminated and did not issue an order to dismiss the employee.

• pregnant women;
• those employees who are already on paid maternity leave;
• minor employees - their employment contract can be terminated only after a meeting with the juvenile affairs inspectorate.

These people can be fired only if the enterprise is liquidated or if the company was private and the individual entrepreneur ceased its activities. In all other cases, employees must attach to the expired employment contract a certificate from the antenatal clinic, which confirms the fact of pregnancy. Such an employee is not subject to dismissal until the end of childbirth and subsequent paid parental leave, which is 1.5 years. Previously, 3 years of maternity leave were paid, but now the employer pays maternity leave only for half the period.

Important! According to the law, a woman can sit with her child for all 3 required years, however, her employer can fire her as soon as the baby turns 1.5 years old.

Dismissal procedure

After the employment contract has ended, a certain legal procedure must be followed, consisting of several steps.

Step 1. Notice of dismissal

It is necessary to realize the employee’s right to mandatory notification under Article 79 of the Labor Code of the Russian Federation. The notice is sent by the employer in writing at least 3 days before the termination of the employment agreement with the employee.

This document must indicate the expiration date of the contract, and in addition, this document is signed by the head of the company himself or his deputy. Notice of the dismissal of an employee due to the expiration of the employment contract is drawn up according to the following plan, compiled for convenience in a small table.

The notice must be drawn up in two copies: for the HR department and for the employee. The employee and the general director of the enterprise or boss must put their signature on both copies. The employee, by his signature, indicates that he has read the document and received it.

Step 2. Order of dismissal (Form T-8)

After the employee has been informed of the upcoming dismissal, a specific order is drawn up in the T-8 form. An order form is available. This order states in detail that the employee (full name) is resigning from such and such a position.

Next, this order is signed; the dismissed employee must also become familiar with its form and content by signing it. If for some reason the employer wants to hide the fact that the order was drawn up and does not notify the employee about it, that is, he does not put his signature next to the column “I have read the order,” then this document is invalid. In this case, the boss may be punished for such arbitrariness by the labor inspectorate. If the employee refuses to put his signature on this order, then his refusal must also be recorded by the employer. For this purpose, a corresponding entry is made and attached to the order. Such a recording is made in the presence of two witnesses, the boss and the dismissed employee.

Step 3. Making an entry in the work book

The third step is to issue the employee a work book with a specific entry: dismissed in accordance with Art. 77 of the Labor Code of the Russian Federation upon expiration of the employment contract. Such an entry must be followed by the signature of the director of the enterprise or organization in which the employee worked, as well as the signature of the chairman of the human resources department.

Step 4. Cash payments upon dismissal

After the employee has been familiarized with the order and received a work book, the last point for him is the calculation. When an employee is dismissed under any article of the Labor Code, including upon expiration of the employment contract, the employee must receive certain payments:

• wages for time already worked;
• compensation payments for vacation days not taken off;
• thirteenth salary. It is included in payments only if its presence is specified in the local acts of the organization.

Remember that compensation payment for unused vacation days is due only if the employee has worked a certain amount of time for the employer. According to the law, the right to compensation for vacation arises when at least 2 weeks have been worked for a given manager.

Therefore, it is unlawful to withdraw these payments from some employees, as employers do. If the vacation has already been taken off before, the employer can even deduct this amount from the compensation payments and calculations of his former employee.

The calculation can be issued on the day of dismissal or 2-3 days after dismissal, depending on the workload of the accounting staff.

By law, the work book is issued immediately on the day of dismissal, but the employer can set its own deadlines if the employee subject to dismissal cannot obtain a work book. For example, if he is absent from the workplace or does not want to receive it, the employer also draws up a special notice about the need to receive this document and redirects the work book via Russian Post.

Is it possible to challenge dismissal?

An employee can challenge his dismissal by filing a claim with the highest courts. To do this, you need to draw up the application itself in free form and attach the following documents to it:

• a copy of the employment agreement;
• income certificate in form 2-NDFL;
• copies of all pages of the work book.

In the statement of claim, you need to describe in detail your claims against the employer and explain what, in your opinion, is the illegality of the dismissal procedure. Perhaps the employer did not notify the employee on time that the employment contract was ending. Or the employee was hoping to make the contract permanent, but the employer, who had promised this to the employee earlier, suddenly changed his mind. In addition, there are cases when an employer decides to fire an unwanted employee “quietly” without explanation or witnesses, so as not to make a fuss, etc.

Formalization of working relationships occurs in various forms. There are two main types: for an indefinite period, and also for a clearly defined period, but for a maximum of 5 years. The second option has a number of features both during design and at completion.

Dismissal upon expiration of the contract term Art. 77 clause 2 entry in the labor record

The basis for dismissal upon expiration of the employment contract is the end of the agreement between the employee and the employer. In all documents, in the “grounds” column, it is written as follows: “expiration of the work contract, clause 2 of Art. 77 Labor Code of the Russian Federation." The duration of the working relationship may vary. It all depends on the job responsibilities and the purpose of the job.

Step-by-step procedure for dismissal upon expiration of the employment contract

Like other processes of a legal nature, reduction at the end of an employment agreement occurs according to a clearly regulated and established procedure.

• To begin with, the employee is notified in writing of the suspension of the work contract. He must sign for receipt of this information. It should be noted that if the employee is currently on sick leave, this is not a reason to extend the agreement between the parties. The end date stated in the document is final;
• then an order is issued, with which the worker must be familiarized. If for some reason the employee was unable to familiarize himself with the document, this item should be indicated;
• the calculation takes place and the employee receives the payments due to him. You need to know that this procedure must take place exactly within the period specified in the agreement between the employee and the manager. In case of failure to comply with this clause, the contract is considered concluded for an unspecified period;
• filling out the work book and personal card of the employee;
• the final stage is direct dismissal and issuance of all documents.

Dismissal during sick leave after the expiration of the employment contract

An employee's stay on sick leave is not a reason to extend the agreement between the employer and employee. The employee is considered dismissed exactly on the day specified in the agreement. The notice and other documentation are sent by mail. However, pregnant women have some privileges and can postpone the termination date.

Dismissal of an employee upon expiration of the employment contract during vacation

When concluding an agreement for an indefinite period, the employer can begin the procedure for terminating the agreement with the employee while he is on vacation. However, with a fixed-term contract, this procedure is not possible.

Therefore, in this situation, it is necessary to notify the employee about the approaching end of the agreement before the start of the vacation period, or send the document by mail directly during the vacation.

Sample letter of resignation upon expiration of the employment contract

• we draw up an employee notice according to the template;
• It should be noted that the document number and date are required;
• add an entry about the sent notification to the log;
• the employee leaves his signature after reading the document;
• The entry made in the journal is supplemented with relevant data.

Sample order of dismissal upon expiration of the employment contract

Before drawing up the order, the employee should be notified of the impending termination of the work contract. After this point has been completed, an order is drawn up using the T-8 form.

The document must indicate:

• name of company;
• Document Number;
• information about the employee;
• date and reasons for the reduction;
• Signature stamp.

Termination of an employment contract before the expiration of the notice period for dismissal - grounds

The grounds for early termination of an employment relationship can be wide ranging, both on the part of management and on the initiative of the employee himself. The main condition regulated by Art. 180 of the Labor Code of the Russian Federation, one party must warn the other party. Dismissal is possible only when mutual agreement is reached.

An employer can begin laying off an employee only after warning him about the impending procedure. The period is two months. The employee is also required to notify the manager of his intention to terminate the contract. In this case, the time frame is limited to three days.

After notification of one of the parties, agreement is reached. Immediately after this stage - official paperwork. Application and order for reduction. Next comes the calculation. The employee receives vacation pay and wages, and the employer, if necessary, receives compensation for damage caused by the employee.

The relationship between the manager and the employee is considered completed after all documents are issued.

Dismissal at the end of a fixed-term employment contract, article of the Labor Code of the Russian Federation

Termination of an agreement between a manager and an employee is a legal fact that requires a certain procedure:

• notification;
• paperwork;
• familiarization of the employee with the order, signing;
• calculation;
• making entries in the work book and employee card;
• delivery of documents.

It is important to understand and remember that each step in this procedure is important and necessary to complete. Otherwise, appropriate sanctions will follow.

Thus, every procedural action in jurisprudence should be performed according to a clearly established algorithm and notarized.