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

The dismissal of any employee must be in accordance with the law. This fact does not depend on whether he worked under a standard contract or on an urgent basis. Consider the main aspects on which relies on Article 79 of the Labor Code of the Russian Federation. We will analyze the nuances of the termination of urgent labor relations.

The legislative framework

The essence of the fixed-term contract is to establish temporary labor relations between the parties. A fixed-term contract may be concluded:

• while replacing an absent employee;
• for a period of temporary work for 2 months;
• during seasonal work;
• with workers sent abroad to perform labor duties;
• to perform work that is not included in the list of executable by this organization;
• for labor activities of persons passing prof. training, practice, etc .;
• upon election to an elected post;
• with employees doing alternative service;
• with citizens sent to work by the labor exchange;
• in other cases specified in federal laws.

Grounds

Given the provisions of Article 79 of the Labor Code of the Russian Federation (with comments), the grounds for termination of urgent labor relations are:

1. The expiration of the contract.
2. Completion of work for which the employee was taken.
3. Entry to work of an employee temporarily absent from the workplace.
4. End of seasonal work.

Part 1 of article 79 of the Labor Code of the Russian Federation stipulates a number of specific actions that will save the employer from contentious issues after the expiration of the contract with the citizen.

A prerequisite for termination of employment due to their termination is a written notification of the employee about this fact. The employer must do this no later than three days before the end of the fixed-term contract. It should be remembered that informing the employee of the dismissal should be carried out accordingly. The employee must be familiarized with the document for signature with a notification, and in case of refusal to sign the document, it is necessary to draw up a special act fixing this aspect. If these requirements are not met after the dismissal, labor disputes may arise, which will negatively affect both sides.

Moreover, article 79 of the Labor Code of the Russian Federation also implies the following nuance - if the parties did not want to terminate it, the employee continues to work in his position, and the contract automatically becomes prolonged for an indefinite period.

Therefore, the fact that the term of the document has come to an end is not a reason for its termination. This should be confirmed by management action.

The desire of the employer

Art. 79 of the Labor Code of the Russian Federation does not specify the question of in what cases it is possible to terminate a fixed-term contract at the initiative of the employer, but the Labor Code provides for the following reasons:

1. Liquidation of the enterprise. Such an action implies the release of labor, therefore all employees must be notified of this fact in advance and sign in the corresponding document. The employer must pay benefits to dismissed workers within 60 days after the dismissal.
2. Abbreviation. Employees must be notified of the reduction in a few months, and this fact should be reported to the Trade Union. Dismissal can be executed only in the case when it is impossible for employees to be provided with another place to work. You cannot offer positions in other cities or regions.
3. Failure to fulfill obligations. In the case of repeated disciplinary action against an employee, the manager may terminate the employment relationship with him.
4. Absenteeism and other gross violations.

Employment record

It is advisable to clarify whether it is necessary to indicate the termination of employment in accordance with Article 79 of the Labor Code of the Russian Federation? Record in the labor is done in this case in accordance with the norms of the second paragraph of the first part of Article 77 of the Labor Code of the Russian Federation. Why?

A fixed-term contract ends when the period specified in it expires. And this is the reason for the termination of urgent labor relations, which is provided for in paragraph 2 of part 1 of article 77.

Given Art. 84.1 of the Labor Code of the Russian Federation, an entry in the employment form must be made exactly with the wording of the code and other regulations with reference to the corresponding article.

The rules for the storage and maintenance of labor are approved by government decree. Therefore, taking into account all the requirements of the articles of the Labor Code of the Russian Federation and federal acts, the termination of labor relations under a fixed-term contract should occur in accordance with Article 77, clause 2, part 1.

Separate categories of employees

Even despite the fact that Article 79 of the Code regulates the main aspects that are the reason for the termination of urgent labor relations, there are categories of employees to which a special relationship applies:

1. Women expecting a baby.
2. Citizens under the age of 18 (exception - liquidation of the organization).
3. Workers with family obligations (women raising children under 3 years old, single mothers, citizens raising children without maternity custody).
4. Members of trade union organizations.
5. Foreign citizens.