Termination of an employment contract by agreement of the parties. Nuances of drawing up an agreement between the parties

Termination employment contract means the dismissal of an employee from his position. It is during dismissal that violations of the law often occur. And the employee is forced to use one or more methods.

We propose to consider how and under what circumstances termination of an employment contract is carried out. What you need to know when resigning, and how to do it right.

Grounds for termination of an employment contract

Labor legislation provides for the following grounds for termination: labor relations:

• employee initiative
• employer-employee agreement
• employer initiative
• expiration labor agreement
• with the consent of the employee
• employee refusal to continue labor activity due to changes in working conditions
• refusal to transfer to another job due to the employee’s health condition
• violation of the law when concluding an employment agreement
• circumstances beyond the control of the parties
• refusal to move to another area with the employer
• refusal to continue work due to a change in the owner of the organization, change in jurisdiction, type of institution, etc.

The employer is responsible for entering reliable information about the grounds for termination (termination). In case of violation, you can contact.

Procedure for terminating an employment contract

Upon termination of an employment contract, the employer issues a decree (order) to dismiss a specific employee. The order indicates its number and date of publication, the full last name, first name and patronymic of the employee, the full name of the position held by him, the grounds for dismissal with reference to a specific norm of the Labor Code of the Russian Federation.

The order indicates the date of dismissal of the employee. The date of issue of the order and the date of dismissal of the employee may not coincide. That is, an order can be issued to dismiss an employee today, but on a date tomorrow. On the date of dismissal, the employee must work full time.

The order is made in in writing, signed by the manager. It is given to the employee for inspection against signature. In situations where an employee refuses familiarization, an appropriate document is drawn up.

On the last working day, the employer makes a full payment to the employee and gives him work book with a notice of dismissal. If on the day of his dismissal an employee does not show up for his documents, he is sent a message about the need to obtain them. An employee who has not received documents in a timely manner may apply. In this case, the employer must issue documents within three days.

To an employee working under a fixed-term employment contract, the employer sends a written notice three days before dismissal.

The law regulates in detail the termination of an employment contract at the initiative of the employer. The fact is that it is in this matter that the employee is least protected, and the field of possible abuse for the employer is wider than in any other area of ​​labor relations. Therefore, the intervention of the law in this issue is completely justified.

Dismissal - strictly according to the law

The employer and employee are parties to an employment contract, that is, an agreement between the parties to establish labor relations between them.

The employer’s right to conclude, amend and terminate (or terminate, which is the same thing) employment contracts in the manner and under the conditions established Labor Code RF, enshrined in its art. 22.

It corresponds to the same right of the employee (Article 21 of the Labor Code).

This means that the employer cannot arbitrarily dismiss an employee on his own initiative; there must be legal grounds for this. Compliance with the procedure for terminating an employment contract at the initiative of the employer is also a necessary condition its legality.

Grounds for dismissal

Dismissal for wrongdoing

The fact of theft, embezzlement or intentional destruction must be established by a judicial act (sentence, resolution) that has entered into legal force.

The falsity of the document submitted by the employee must be properly established and recorded (for example, by a special examination).

Conditions for termination of an employment contract at the initiative of the employer

Each group of grounds has its own order and procedure for dismissal, enshrined in law. Failure to comply with them may lead to the employee’s reinstatement at work and administrative liability of the employer under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

But there are also General terms: an employee dismissed at the initiative of the employer should not be on vacation or on sick leave at this time (except in cases of liquidation of the organization or termination of the activities of an individual entrepreneur).

Dismissal of an employee during such periods is prohibited by Part 6 of Art. 81 Labor Code of the Russian Federation. Neglecting this rule can also be costly for the employer.

All the grounds for termination of an employment contract at the initiative of the employer listed in the article apply to both fixed-term and open-ended contracts. .

SECTION III. EMPLOYMENT CONTRACT

Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT

Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of the Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

6) refusal of an employee to continue working in connection with a change in the owner of the organization’s property, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution(Article 75 of this Code);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of this Code);

9) refusal of the employee to be transferred to work in another area together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) . violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to its expiration at least three days in advance. calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of certain work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Article 80. Termination of an employment contract at the initiative of the employee (by at will)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing norms labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction in the number or staff of the organization’s employees, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results;

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

A) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;

V) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

G) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

d) violation of labor safety requirements by an employee established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (work accident, accident, catastrophe) or knowingly created a real threat of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or submit incomplete or unreliable information about his income, expenses, property and property obligations, or failure to provide or provision of knowingly incomplete or unreliable information about income, expenses, property and property obligations of their spouse and minor children, opening (having) accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments by an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if specified actions give grounds for loss of confidence in the employee on the part of the employer;

8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties;

11) the employee submits false documents to the employer when concluding an employment contract;

12) lost its power.

13) provided for in the employment contract with the head of the organization, members of the collegial executive body organizations;

14) in other cases established by this Code and other federal laws.

The procedure for conducting certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee from his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other locations, if so provided collective agreement, agreements, employment contracts.

In case of termination of the activities of a branch, representative office or other separate structural unit organization located in another location, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months before the start of the relevant activities. The criteria for mass layoffs are determined in industry and (or) territorial agreements.

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination due to circumstances beyond the control of the parties:

1) employee call to military service or sending him to an alternative civil service replacing it;

2) reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court;

3) failure to be elected to office;

4) convicting the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

6) death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing;

7) the occurrence of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or an authority state power the corresponding subject of the Russian Federation;

8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

10) termination of admission to government confidentiality if the work performed requires such access;

11) reversal of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;

12) lost its power.

13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health.

In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Article 84. Termination of an employment contract due to violation of the provisions established by this Code or other fed. law rules for concluding an employment contract

The employment contract is terminated due to violation of the provisions established by this Code or other federal regulations. by law the rules for its conclusion (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

Concluding an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

Concluding an employment contract to perform work that is contraindicated to this employee for health reasons in accordance with a medical certificate issued in the manner established by the Federal Federation. laws and other regulatory legal acts of the Russian Federation;

Absence of an appropriate document on education and (or) qualifications, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

Conclusion of an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of established federal laws. laws of restrictions, prohibitions and requirements relating to the involvement in work of citizens dismissed from state or municipal service;

Concluding an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code or other federal law;

In other cases provided for by federal laws.

In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

Article 84.1. General procedure registration of termination of an employment contract

Termination of an employment contract is formalized by order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but after him, in accordance with this present day. Code or other federal by law, the place of work (position) was preserved.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Note: the employer is also obliged to issue the employee on the day of termination of work a certificate of the amount of earnings for the two calendar years preceding the year of termination of work.

An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of an article, paragraph of an article of this Code or other federal law.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

The employer is also not responsible for the delay in issuing the work book in cases of discrepancy last day work with the day of registration of termination of labor relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Art. 81 or clause 4 of part one of Art. 83 present Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Art. 261 present Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Dismissal or termination of an employment contract is the end of the relationship between an employee and an employer at the initiative of either party. Like any other personnel work, dismissal must be accompanied by established procedures, which include:

• advance warning of intention to terminate the contract;
• working off;
• documenting;
• final settlements with the employee.

The procedure for terminating an employment contract has its own subtleties, depending on the reason for dismissal and, above all, on who initiated it - the employer or the employee.

The procedure for terminating an employment contract at the request of the employee (Article 80 of the Labor Code of the Russian Federation)

The most common reason for dismissal is the employee’s own desire. In such cases there are general rules termination of employment relationships, which are as follows:

1. The employee submits a written resignation letter addressed to the manager.
2. As a rule, 14 days pass from the date of application to termination of the contract. This is the so-called “working off”, during which the employee completes his current affairs, transfers accountable property, etc. During this period, the employer has the opportunity to find a new candidate for the vacant vacancy, accept working documentation and valuables from the employee, conduct an audit, prepare all the necessary orders and accrue payments due cash. As for the working period, it can be reduced by agreement between the employer and the employee. During this period, the resigning employee has the right to “change his mind” and withdraw his application.
3. Termination of an employment contract at the request of the employee is accompanied by a number of actions on the part of the employer:
   • a dismissal order is issued;
   • the work book is filled out - a record of dismissal is made indicating the grounds, a link to the relevant article of the Labor Code of the Russian Federation, details of the order, certified by the signature of the responsible employee and the seal of the organization;
   • a cash payment is calculated, which includes wages for days actually worked, compensation for unused vacation, payment for overtime, etc.;
   • on the day of dismissal, the employee gets acquainted with the order (under signature), he is given a copy (upon request), and the work book is returned; the amount due is paid in full.
4. The date of dismissal is considered to be the employee’s last working day, when he must review personnel documents, put your signatures where required and pick up the work book.

As a rule, no complications occur when registering those leaving at their own request. But here some nuances may arise if the employee for some reason did not want or was unable to obtain documents. In such cases, the personnel employee proceeds as follows:

• in the absence of the dismissal person’s signature on the order, makes an appropriate entry on the main copy and copies;
• sends a notice to the employee who did not show up for the work book with a requirement to pick it up from the employer;
• if a dismissed person fails to apply for a work book on time, ensures its issuance within 3 working days;
• At the request of the employee, it is possible to send a work book by mail.

It is extremely important to complete the procedure no later than the day the work contract is terminated, otherwise the dismissal may be considered invalid: this is not the case when it is permissible to draw up documents “retroactively”.

There are situations in which termination of an employment contract at the initiative of an employee deviates slightly from the standard scheme. Basically, changes occur in terms of the duration of mandatory “working off”, namely:

1. The head of the organization is required to give notice of his intention to leave one month before the expected date of dismissal.
2. Employees have the opportunity to terminate their employment relationship without working off if this occurs due to the following circumstances:

• admission to study at a university or secondary vocational institution;
• retirement;
• moving to another locality;
• dismissal is caused by violations of labor laws on the part of the employer.

Agreement of the parties

Dismissal by agreement of the parties is considered a “compromise” option between the employee and the employer. It can be caused either by the desire of the employee or by the decision of the employer; in any case, this is possible provided that the parties manage to reach an “amicable” agreement. Termination of employment relations is formalized by agreement of the parties as follows:

• the employee fills out an application requesting dismissal under Art. 77 clause 1 of the Labor Code of the Russian Federation;
• the employer prepares an order, an agreement to terminate the employment contract, and makes an entry in the work book about dismissal by agreement.

This formulation may provide certain benefits to the dismissed person: monetary compensation from the employer, the opportunity, if necessary, to apply for unemployment benefits based on the amount of wages. The employer may also be interested in the agreement: for example, this way he receives a guarantee that the employee will leave the organization on a specific date, since the statement in case of dismissal by agreement does not have retroactive effect.

Termination of employment relations at the initiative of the employer

The Labor Code of the Russian Federation (Article 81) provides for a number of grounds for termination of an employment contract by the employer. General grounds applicable to all employees, with the exception of certain categories, include:

• staff reduction;
• official inadequacy of an employee due to low qualifications, proven by certification activities;
• gross violation labor discipline(absence from work without good reason, being drunk at work), disclosure of confidential information;
• systematic failure to comply job responsibilities(presence of several disciplinary punishments);
• material damage intentionally caused to the employer;
• non-compliance with safety and labor protection requirements, resulting in emergency situation, causing harm to human life and health, property damage;
• providing false information and fake documents during employment.

There are also reasons for dismissal that are specific to certain positions, provided for by individual legislative acts, for example, loss of confidence for employees associated with money; immoral behavior for teachers or finding a government employee owning his own business.

To become the basis for termination of an employment contract by the employer, all these facts must be established and supported by documents: acts, medical reports, reports and memos, court decision, etc.

The only unconditional basis for the dismissal of any employees is the liquidation of the company; in all other cases there are restrictions that relate to:

• women during pregnancy;
• workers with children under 3 years old;
• single mothers and persons raising children under 14 years of age without a mother;
• employees who have a child with a disability - until he reaches adulthood;
• You cannot fire an employee while he is temporarily unable to work or is on vacation.

Termination of a contract at the initiative of the employer has many nuances arising from specific reason dismissals. For example, the procedure related to liquidation and reduction includes, first of all, notice of termination of the employment contract, sent to the employee 2 months before dismissal, as well as payment of severance pay. In some cases, the employer is obliged to first offer the employee to move to another position, and after refusal, he can terminate the employment relationship.

Dismiss the violator of discipline - even more difficult task, which is carried out in several stages and is accompanied by the collection of evidence.

Thus, the procedure for terminating the contract depends on the article of the Labor Code applied upon dismissal, each of which deserves separate consideration.

Termination of a fixed-term employment contract

Work on fixed-term contract- a special case. By signing it, both parties agree that after a certain period their employment relationship will end. Moreover, the possibility of their extension may or may not be provided. However, such a contract does not automatically terminate on the date specified in the agreement.

The urgency of the contract does not exempt the employer from warning the employee 3 days before the date of dismissal - the notice must be given to the employee personally or sent by mail. Otherwise, the contract will be considered extended for an indefinite period, that is, it will become indefinite.

In the usual manner, termination of a fixed-term employment contract occurs in connection with the completion of work (temporary, seasonal), for which the person was brought into the organization, or the departure of a temporarily absent employee, in whose place the dismissed person worked. The difference between a fixed-term contract and a regular one is that it gives the employer the right to part with temporary worker, even if he will be on sick leave or on vacation by the time the agreement ends.

The fact that the contract has a certain term is not an obstacle to leaving temporary employee at your own request. To terminate the employment relationship early, you must write a statement, and after 2 weeks you can be free from your duties. Other dismissal options also apply to conscripts - by agreement of the parties, at the initiative of the enterprise.

Difficulties for the employer can arise only in one case: if a pregnant woman turns out to be a worker under a fixed-term contract. It is impossible to fire her due to this circumstance, but you can wait until she receives the right to leave maternity leave. Until this moment, personnel officers have the right to request a pregnancy certificate from a woman every 3 months and, on its basis, renew the contract. A woman who is not in a hurry to go on maternity leave and continues to work “all the way” and beyond can be fired on completely legal grounds within a week from the day the employer receives information about the end of the pregnancy.

What should an employer do if a person in whose place a pregnant employee works has returned to work? Since the permanent employee has priority in this case, legislators have “safeguarded” organizations by allowing them to fire a replacement if he does not agree to move to another job. The place offered by the employer must meet only one requirement - correspond to the health status of the pregnant woman, and does not necessarily have to be equivalent in terms of pay and position.

Labor legislation also provides for other situations requiring termination of an employment contract. They cannot be classified as normal personnel practice, but such cases often occur:

• transfer to another organization based on the employee’s application and confirmation from the new employer;
• dismissal for health reasons, if the employer does not have another job suitable for the employee (grounds for dismissal - medical report, written refusal of the employee);
• departure of personnel due to internal changes in the organization (change of owner, deterioration of essential working conditions, relocation of the enterprise to another area) - the actions of the employer in such cases are similar to layoffs;
• force majeure and other circumstances beyond the control of the parties, such as the mobilization of an employee for conscript service, death of an employee, natural disasters– the employment contract is terminated if there are documents confirming the fact of the incident.