Every employer should know: actions after the expiration of the employment contract

With whom can a fixed-term employment contract be concluded?

A fixed-term contract is not for everyone.

An agreement on a fixed-term basis can be concluded between the parties if there is no need to cooperate for more than five years. Now let's consider possible cases for concluding such an agreement:

• You cannot enter into a contract of an open-ended nature. This is determined by:

1. Features of the conditions (absence for some reason of the main contractor, the employee is involved in work that is not typical for the activities of the enterprise, the organization was created for a short period of time, employment for the duration of training);
2. The nature of the work performed (seasonal and temporary, elected position);

• by agreement, regardless of the nature and conditions of work. Based on the cases described in Part 2 of Art. 59 of the Labor Code of the Russian Federation (the number of full-time employees in an organization is less than 35 people, contractual relations with a retired employee, moving to remote areas, urgent work, eliminating an emergency situation, election of an employee based on the results of a competition, hiring representatives of the creative environment, contracts with enterprise managers, deputies, employment of full-time and part-time students).

Registration of employment record and other subtleties of hiring an employee

A hiring order is issued.

An employer is a person responsible for storing and recording one of the most important documents of an individual hired by him. It is mandatory for all employees, except part-time workers, to make a note of acceptance in the work book; they are an exception for the reason that their main place of work is another organization.

Even when the contract is concluded for a specific period, recording is also required.

Below we present the entire reception algorithm.

1. Preparation of a draft employment contract, which states that the document is urgent, as well as an employment order;
2. Signature of the agreement, order by the director of the enterprise;
3. Making an entry in the work book. The requirements for numbering the record and recording the date of commencement of the employment relationship must be observed. The following must be noted: record number, the start date of the employment relationship, information about the structural unit, position, link to the order;
4. Recording data on the employee’s book availability in a special accounting book;
5. Familiarization of the newly admitted person with all documents related to admission;
6. Transfer of a copy of the employment contract;
7. Conducting labor safety training.

Consideration of special cases

According to labor legislation, pregnant women cannot be fired after the expiration of the term. They are required to extend the term of the contract until they receive sick leave for maternity leave, and be released from work upon its expiration. To do this, the employee is required to have an official certificate from a medical institution, duly certified.

However, if she signed the employment contract while pregnant, the employer may fire her. In this case, it can be restored only by a court decision, if one takes its side.

For the most part, managers are hired for a limited period, the rules for which are specified in the organization’s constituent documentation, in accordance with the norms of Article 275 of the Labor Code of the Russian Federation. Therefore, if we are talking about a manager, then notification by the founder is provided for. It is subject to the same deadlines. Without receiving notification, the contract is extended on an indefinite basis.

IMPORTANT: Re-election to a new term requires a decision of the general meeting or an agreement concluded with the founder.

If he is not subject to re-election, then a standard entry is made in the work book: “Dismissed due to termination of the employment contract on the basis of clause 2 of Art. 77 of the Labor Code of the Russian Federation.”

Mandatory condition for termination of a fixed-term contract

Some employers are greatly mistaken in believing that the dismissal of an employee in this case is automatic. An employment contract becomes indefinite if the parties have not taken certain measures and the employee fulfills the duties entrusted to him.

The manager must keep this issue under control and notify the contractor of the planned termination of the employment contract.

Dismissal at the end of the employment contract

Detailed dismissal procedure.

Let's consider this procedure in detail.

1. The contractor should be notified in writing, except in the case where an employee hired under a fixed-term contract replaces the main one. No written notice is required here. The notification does not have a specific form, but there must be 2 copies (for the employee and the employer) indicating the date of dismissal;
2. Signing of the notice by the CEO/president of the company;
3. The document is registered with the obligatory assignment of a number;
4. Provide the employee with written acquaintance three days in advance with the completed notice and hand over one copy to him. It is recommended to make a note on the notification that the employee received this document;
5. The notice is filed in a special folder or attached to a personal file;
6. Drawing up an order. The document indicates that the employment contract loses its force due to the expiration of the term (clause 2, part one of Article 77 of the Labor Code of the Russian Federation) with an indication of the documents that served as the basis (contract, signed notice, employee statement);
7. The order is sent for signature by the manager, and then it should be registered;
8. Familiarization of the employee with the order (based on Part 2 of Article 841 of the Labor Code of the Russian Federation);
9. Sending the order for storage, noting its presence in the personal file (you can make a copy and store it in the personal file of the dismissed employee);
10. Entering data into the employee’s personal card (see order data);
11. Written familiarization of the employee with all dismissal documents;
12. Transfer of information for cash payment to the accounting department;
13. Entering information about dismissal into the labor record with mandatory certification by the person responsible for document flow;
14. Familiarization of the employee with the mark in the work book, handing over the document.

The employee must sign for receipt.

Features of termination of labor relations with certain categories of workers

You can terminate a contract with a pregnant woman only in special cases.

We will initially talk about pregnant women and women who are on maternity leave, since motherhood and childhood are under special protection of the state. Let's look into this issue.

Payments upon dismissal

On the last working day, you need to pay off the temporary worker. He is provided with all payments provided for by law and not allowing a decrease in earnings provided for in the employment contract. Subject to issue:

• previously unpaid amount for days worked;
• payments for harmfulness, nature of work, etc., if any;
• vacation pay.

Vacation pay is calculated based on the number of days for each month, in proportion to the number of months worked.

REFERENCE: If an employee worked less than 15 days a month, this month is not taken into account when calculating vacation pay, and if more, the days are accrued as for the entire month.

When the regulations for vacation benefits are not established, which occurs when workers are hired seasonally, the standard used for calculation is: two days for each month worked.

Entry in the work book upon termination of the contract

Recording in the labor record is done according to all the rules.

Let us consider this procedure separately, since it is very important.

1. The entry is made in the labor record directly on the day of dismissal;
2. In the information about admission/transfer/dismissal, we indicate that the contract was terminated due to the expiration of its validity period (clause 2, part one of Article 77 of the Labor Code of the Russian Federation). We refer to the order, indicating the date;
3. The one who makes the entry indicates his position, signature, full name;
4. The document is stamped with the organization's seal. It is recommended to do this carefully, without touching the free lines;
5. The employee puts his signature on the next line;
6. This document should be given to the employee on the day of dismissal and the employee should be asked to sign the book to record the movement of books. This is important because if there is no signature, it turns out that the employer kept the document and this can lead to serious consequences;
7. If an employee is not present at work on the day of dismissal (the reasons may be completely different) and it is not possible to issue him a book, then the employer is recommended to do the following:

• draw up a written notification to the employee that the employment contract with him has been terminated (indicate the reasons - order, notice). It should also be indicated that in order to receive the book, he needs to come to where the organization’s human resources department is located to pick up the document. The employee also has the right to send a letter of consent to send a document to a postal address;
• further on the same day it is necessary to inform the employee by sending a written notification by mail. Should be sent by registered mail with return receipt requested to all employee addresses known to the employer;
• a copy/second copy of the letter must be kept in your personal file.

These measures will help you avoid troubles with inspection authorities.

What are the consequences of late issuance of a work book?

As mentioned above, the document must be given to the employee on his last day of work at the enterprise.

How to fire an employee due to termination of the STD?

The dismissal algorithm at the end of the STD period depends on the listed reasons on the basis of which the employees were employed temporarily. However, there is a general procedure for terminating its validity, which is regulated by Article 79 of the Labor Code of the Russian Federation, as amended by the adoption of Federal Law No. 90-FZ of June 30, 2006.

Notification

In order for this procedure to be valid, the employee must be notified of the end of the work period. The notice must be an official document drawn up on behalf of the employer or his representative - the head of the company.

It is prepared and presented to the dismissed person within the established time frame. Its form is free, but with the obligatory entry:

1. details of the employment contract;
2. Full name and position of the person being dismissed;
3. expiration date of the STD;
4. wording that he is hereby notified of dismissal;
5. date of acquaintance.

At the end of the text of the notification, which is drawn up in two copies, on each copy the employee puts his signature with an explanation of his last name and the stamp: read . Such a signature serves as confirmation that the notification was completed properly and within the prescribed period.

Notice periods:

• 2 months if the STD is concluded for more than 6 months;
• 3 days if it is concluded for a period of less than two months;
• 7 days – for seasonal work;
• 7 days – for STD concluded for a period of 2 to 6 months.

Important: If we are talking about the dismissal of a deputy, he may not be officially notified, but may quit after submitting an application for resignation of the main employee.

Order

It looks like a regular order and is drawn up in a standard form. Required details:

• order number;
• its release date;
• Full name, employee position;
• date of dismissal;
• wording of dismissal.

The wording is as follows: “Dismiss due to the expiration of the fixed-term employment contract.”

Recording in labor

When filling out the work form, the following rules are followed:

1. You do not need to enter the name of the organization.
2. Recording begins from the first column, by entering a new serial number.
3. In the second column, enter the date of dismissal corresponding to the day indicated in the STD as the day of completion of its validity.
4. In the third column - information about dismissal indicating the reason and the corresponding article of the Labor Code of the Russian Federation (clause 1, part 2, article 77) - without abbreviation.
5. In the fourth - data on the dismissal order.

The wording entered in the third column should be entered in the following form: “Dismiss due to termination of the employment contract, paragraph 1, part 2, article 77 of the Labor Code of the Russian Federation.”

This entry is made by a specialist from the human resources department, or another person authorized to fill out labor responsibilities in accordance with functional responsibilities. Sometimes these functions are transferred to a person appointed by order.

After making the entry, the responsible executor:

1. puts a handwritten signature;
2. writes down his position, surname and initials.

If the work form is filled out by an authorized employee, the manager’s signature is additionally affixed. The record is sealed with a round seal of the organization, which must be kept by the manager.

Next in the photo you can see a sample entry in the work book upon dismissal due to the expiration of the employment contract:

If a vacancy arises for a limited period, the employer is obliged to indicate this condition in the employment contract. The legislation specifies cases when, upon hiring, an employee can be placed under a fixed-term employment contract. On our website you will find useful articles about what are the grounds for concluding a temporary contract, whether it can be extended and whether there is a probationary period.