Termination of fixed-term employment contract: Art. 79 of the LC RF.

Dismissal of any employee must occuraccording to legislation. This fact does not depend on whether he worked under a standard contract or on an emergency. Consider the main aspects on which Article 79 of the Labor Code of the Russian Federation is based. Let us examine the nuances of the termination of the urgent labor relations.

The legislative framework

The essence of the fixed-term contract is reduced to the establishment of a temporary labor relationship between the parties. Derivative agreement may be:

• during the replacement of the absent employee;
• for the period of temporary work for 2 months;
• during seasonal work;
• with employees sent abroad for the performance of job duties;
• for performance of works which are not included into the list executed by this organization;
• for employment of persons undergoing prof. training, practice, etc .;
• when elected to an elected position;
• with employees performing alternative service;
• with citizens sent to work by the labor exchange;
• in other cases specified in federal laws.

Grounds

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

1. The expiration of the contract.
2. Completion of work, at the time of execution of which the employee was taken.
3. An exit for work of the employee temporarily absent on a workplace.
4. End of seasonal work.

Part 1 of Article 79 of the Labor Code of the Russian Federation stipulates a number of certain actions that will save the employer from controversial issues after the completion of the contract with a citizen.

A prerequisite for the termination of laborrelationship due to their termination is a written notice to the employee of this fact. The employer must do this no later than three days before the termination of the fixed-term contract. It should be remembered that informing the employee of the dismissal should be carried out accordingly. An employee needs to be familiarized with the document against signature with a notice, and if he refuses to sign the document, a special act should be drawn up fixing this aspect. Failure to comply with these requirements after dismissal may cause labor disputes, which will adversely affect both sides.

In this article.79 of the Labor Code of the Russian Federation also implies the following nuance - if the parties do not want to stop 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 must be confirmed by management actions.

The desire of the employer

Art. 79 of the Labor Code of the Russian Federation does not specify the question of when 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 involves the release of labor, therefore, all workers must be notified of this fact in advance and sign in the appropriate document. Employees must pay benefits to dismissed employees within 60 days after the dismissal.
2. Сокращение.Employees need to be notified of the reduction within 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 the employees to be given another place to work. You can not offer positions in other cities or regions.
3. Failure to perform duties. In the case of repeated application to the employee of disciplinary action, the head can break off labor relations with him.
4. Absenteeism and other gross violations.

Record in labor

It is advisable to clarify whether it is necessary in laborto indicate dismissal under Article 79 of the Labor Code? Record in labor is made 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?

The fixed-term contract ends when the term indicated 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 labor form must be made exactly with the wording of the code and other regulations with reference to the relevant article.

Rules for the storage and maintenance of labor approvedgovernment decree. Consequently, taking into account all the requirements of the articles of the Labor Code of the Russian Federation and federal acts, the termination of the employment relationship under the fixed-term contract must be in accordance with Article 77 p.2 of Part 1

Separate categories of employees

Even though Article 79 of the CodeIt regulates the main aspects that are the reason for the termination of a term labor relationship; there are categories of employees to which a special relationship applies:

1. Women expecting a child.
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 maternal care).
4. Members of trade union organizations.
5. Foreign citizens.