When should an employee be informed of the dismissal order?, Ekaterinburg

Familiarization with the dismissal order under the Labor Code of the Russian Federation

Familiarization of the employee with the dismissal order is a mandatory element of the procedure for terminating an employment contract.
The Labor Code of the Russian Federation provides for a general procedure for registering the dismissal of an employee in Art. 84.1, which states that the employee must be personally familiar with the order. In this case, familiarization is confirmed by the signature of the employee. If the employee agrees with the dismissal, then, as a rule, there are no problems with familiarization, but there are also situations when for some reason he does not want or cannot sign the dismissal order. There are also frequent cases of inability to establish the location of an employee in order to notify him of the need to familiarize himself with the dismissal order.

ConsultantPlus has many ready-made solutions, including the article: “Dismissal of employees: when it’s worth arguing and when it’s not.” If you don't have access yet, you can get it for free, on a temporary basis! You can also get the current K+ price list.

Read below to find out how to solve these problems.

Dismissal under a fixed-term employment contract

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.

Deadlines for reviewing the dismissal order

Labor Code of the Russian Federation in Art. 84.1 does not provide for a single mandatory period for familiarization with the dismissal order. Separate articles are devoted to the timing of notification of dismissal, but information can be provided in writing without presenting the order itself, which means that such norms should not be considered as mandatory guidelines regarding familiarization with the order.

However, Art. 62 of the Labor Code of the Russian Federation states that, at his request, an employee must be given duly certified copies of all documents accompanying his work, including a copy of the dismissal order, no later than 3 days after his request. Some people mistakenly interpret this provision as the employer’s obligation to issue a dismissal order at least 3 days before dismissal.

Dedicated to the termination of an employment contract at the initiative of the employee, Art. 80 also does not provide for a period of familiarization with the order. This allows us to conclude that the order can be presented to the employee on any day, given that during the entire period of work the employee has the right to withdraw the application. This possibility raises the question for HR employees about whether it is necessary to issue an order in advance.

To avoid problems, it is advisable to do this in advance, indicating the date of dismissal. In this case, the employee will not be able to say that his rights were violated or that he did not know about the last day of his work. If the employee changes his mind about resigning, the order can be cancelled. However, issuing an order on the last working day will also not be a violation of the law.

We terminate the employment contract - we draw up documents

Author: N. B. Boldyreva

In what form is a dismissal order issued? What will the dismissal date be in the order? Does the date of issuance of the order always coincide with the date of termination of the employment contract? How to familiarize a remote worker with the order? What are the rules for issuing a work book on the last working day? What is the liability for delay in payments due to an employee upon dismissal?

Regardless of the basis for which an employee is dismissed - on his initiative, on the initiative of the employer, or on other grounds, the fact of termination of the employment contract must be documented. Of course, the list of documents, and the deadlines for registration, vary depending on the grounds for dismissal, however, Art. 84.1 of the Labor Code of the Russian Federation defines the general procedure for registering dismissal, regardless of the preliminary procedures.

What to do if an employee refuses familiarization or it is impossible

If an employee refuses to sign a dismissal order, the employer must draw up a statement of refusal to review it and put a corresponding mark on the order itself. It is advisable to draw up the act in the presence of several employees, who will subsequently be able to act as witnesses in court when appealing the dismissal.

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Art. 84.1 of the Labor Code of the Russian Federation speaks only about the impossibility of familiarizing an employee with an order without deciphering this concept. In practice, most often problems with familiarizing the employee with the order arise when dismissal for long absence, when the employee does not make himself known. In such a situation, how to inform him about the termination of the employment relationship and familiarize him with the order?

Firstly, information about the truant's home address should be in the human resources department. That is, it is impossible to fully talk about the impossibility of calling it for notification. In this case, it is enough for the employee to send a registered letter with an invitation to appear to familiarize himself with the dismissal order, receive a payment, work book, etc. An entry about this must be made in the outgoing correspondence journal.
Only after the employee fails to appear, despite proper notification, can a report be drawn up stating the impossibility of familiarizing himself with the dismissal order, guided by Part 1 of Art. 84.1 Labor Code of the Russian Federation. True, even in this case there is still a risk that in the future the employee will challenge his dismissal. He will have a month to challenge it under Art. 392 of the Labor Code of the Russian Federation, the statute of limitations will be calculated from the moment the dismissal order is served. Thus, the deadline for challenging it when notified by registered mail will be significantly extended.

At the same time, paragraph 45 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 clearly states that violation of the dismissal procedure may cause the employee to be reinstated in his previous position. Therefore, it is so important to make every effort to find such workers, documenting all measures taken for this purpose.

In addition, Part 1 of Art. 84.1 of the Labor Code of the Russian Federation provides for the obligation of the employer, at the request of the employee, to issue him a copy of the dismissal order, although the norm does not indicate a clear period within which this document must be provided. In this case, it remains to refer to Art. 62 of the Labor Code of the Russian Federation: since the order is a work-related document, it, along with other similar documents, is issued on the last working day. If the order was requested later, a copy is issued within 3 business days from the date of the employee’s request.

Sample order of dismissal upon expiration of the employment contract

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: (click to expand)

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.

If the employee is not notified within the prescribed period, the employer has no right to terminate the employment contract due to the expiration of its validity period.

If the dismissal is not formalized on the expiration date of the fixed-term contract, then the employment relationship becomes indefinite, and the employee will need to be dismissed, if necessary, on a general basis.

article: → “Notification period for dismissal.”

Sample and sample 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.

Example notification:

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. article: → “Form T-8 and T-8a. Order to dismiss."

The following fields are filled in sequentially in the form: (click to expand)

Field name	Explanations for filling
Name of company	Full and/or abbreviated name of the employer's company.
№	The document number is entered; it may contain numbers, letters, and symbols. The numbering is developed by the employer independently, there are no strict requirements, the main thing is to avoid repetition of numbers in the same reporting period.
date	Day of drawing up the order - registration must be made on the day of dismissal.
Stop action..	The date, month, year and number of the fixed-term employment contract to be terminated are entered.
Fire	Date of dismissal – this day is the last working day for a conscript.
Employee information	Includes the minimum set: Full name of the conscript in the genitive case; Personnel Number; Place of performance of labor functions (division); Position, specialty, profession.
Grounds for dismissal	An important field that contains the wording of the Labor Code of the Russian Federation, on the basis of which the dismissal procedure is carried out. Abbreviations in this field are not allowed; the wording itself and the number of the paragraph and article of the code must be rewritten. When the contract expires, clause 2, part 1, article 77 should be used.
Foundation document	List of supporting documentation confirming the employer’s right to apply the provisions of clause 2 of Article 77 of the Labor Code of the Russian Federation.
Approving signature	The director (general director) or other managerial person puts an approving signature with a transcript.
Signature for informational purposes	Signature of the person being dismissed and the date of its application. If it is not possible to obtain this signature from a conscript - he is sick or on vacation, then you need to make a note about this in the order.

How to issue an order to dismiss a fixed-term employee in 2020

Home > Orders > How to issue an order to dismiss a fixed-term employee in 2021

The conclusion of a fixed-term employment contract indicates that the agreement has a certain period of validity. After the time specified in the document has expired, the head of the company dismisses the employee.

At the same time, he complies with all the necessary rules of the Labor Code of the Russian Federation. One of these is drawing up the appropriate order in form T-8, which has a number of nuances.

You can fill out the dismissal order due to the expiration of the employment contract in the article below.

It is important to take into account that creating an order in the T-8 form is necessary not only when dismissal due to the expiration of a fixed-term contract, but also when terminating a non-fixed-term contract.

The procedure for dismissal at the end of the employment contract.

How to fill out form T-8 upon dismissal upon expiration of a fixed-term contract

To draw up an order of this type, a special unified form was developed - T-8. According to it, the order must contain the following information:

full name of the company, indication of its organizational and legal status;
the serial number assigned to the document;
Date of completion;
indication of the date of conclusion of the employment contract. This information is indicated only if the contract was fixed-term;
Full name, position, personnel number and structural unit of the dismissed fixed-term employee;
the basis for termination of the employment agreement is the expiration of the contract. Here you should indicate a link to the relevant article of the Labor Code of the Russian Federation. This basis is enshrined in paragraph 2 of article 77;
Full name and signature of the company director;
signature of the dismissed employee.

A dismissal order can only be considered valid if it is signed by the director of the enterprise. If an employee does not leave his signature on the document, this means that he does not agree with the information specified in the paper. To further challenge the dismissal, the employee has the right to go to court.

If the company has a trade union department, the order must indicate information about the presence of this department. In this case, the responsible person chosen by him puts his signature on the document.

Notification of a fixed-term employee about dismissal

Before drawing up an order in Form T-8 and carrying out the dismissal procedure itself, the company’s management must notify the employee in advance about the upcoming actions - inform him that the fixed-term employment contract concluded with him is expiring. This must be done no later than 2 weeks before dismissal. The company's management can inform about planned actions by sending a special notification.

A document of this type must be certified by the signature of the head of the enterprise. There are 2 options for transmitting notification - by personal meeting or by mail.

In the case of a fixed-term employment contract, the following time frames for sending notice are distinguished:

on the day the main employee leaves. Relevant in a situation where an employee is hired under a fixed-term replacement contract;
3 days before dismissal. The specific date of dismissal must be indicated in the employment contract.

Order storage period

In the process of drawing up a document, it is assigned a serial number, and a registration procedure takes place in a special registration journal. This book is intended to store information about personnel documentation. All documents of this type, including dismissal orders, have a single shelf life of 75 years.

To ensure the safety of documents, each enterprise must create special conditions for storing such papers. In most cases, a separate room is allocated for this. It maintains favorable climatic conditions. To ensure security, the archive room is equipped with a special security system that makes it difficult for unauthorized persons to enter the archive.