The last day of work under a fixed-term contract is considered. Dismissal of the CEO on a day off. If on a day off

Official employment always entails the signing of an employment contract, thanks to which a person receives all the necessary social benefits (vacation, sick leave, maternity, etc.), as well as a contribution to his future in the form of pension contributions from the employer.

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There is also such a thing as a fixed-term employment agreement, which is concluded for a short period (up to 5 years) and has its own characteristics and differences from a regular agreement.

General points

An employment contract can be viewed in three aspects:

The parties to the labor agreement are the employer (natural or legal person) and the employee (individual).

What it is

According to the Labor Code, the definition of an employment contract is as follows - it is an agreement between an employee and an employer, in accordance with which the first undertakes to perform the activities assigned to him and to comply with the rules of work in the organization.

In turn, the second one must provide comfortable working conditions, relying on the Labor Code and other regulations that contain related provisions and timely pay wages.

The employment contract acts as a guarantee for both parties to the agreement, since it contains all the basic conditions that govern the relationship.

Correct drafting will help to avoid litigation in case of disputes.

Features of the document

Since the employment contract is a bilateral agreement and the employee and the employer are the parties to it.

A fixed-term employment contract, like any other, must contain mandatory conditions. According to part 2 of article 57 of the Labor Code, these are:

place of work;
function of labor;
period of commencement of work;
payment of labor;
operating procedure;
compensation;
the nature of the work;
the condition of the obligatory social. insurance, etc.

Also, the agreement should contain other information that is also valuable for both parties, for example, responsibility, rights and obligations, termination of the contract.

Legal framework

The labor agreement is governed by the provisions of the Labor Code, unlike other contracts that are subject to the terms of the Civil Code.

The third section is devoted to the topic of an employment contract. It deals with such aspects:

general provisions;
conclusion of an employment contract;
changing the terms of the agreement;
termination of the contract;
protection of individual employee data.

Article 59 of the Labor Code of the Russian Federation contains information regarding a fixed-term employment agreement, namely when it is concluded and with whom. Art. 79 of the Labor Code of the Russian Federation prescribes the rules for terminating a fixed-term employment agreement.

The procedure for dismissal under a fixed-term employment contract

The dismissal procedure is similar or in a simpler form when the employer issues an order to dismiss the employee. A fixed-term employment contract form is available.

Also, some difficulties may arise in this matter. The initiators of such a decision can be:

employer;
worker;
by agreement of the parties.

Do I need to write a statement

Upon the expiration of the term of the fixed-term contract, the employer issues an order of dismissal and thus his labor activity ends.

You can discuss this moment with your superiors in advance in order to know in advance in what way the dismissal procedure will take place.

If any difficulties or conflicts arise, then each of the parties can initiate the termination of the contract.

Also, the employer can send the employee a notification that the term of the agreement is coming to an end and it will be terminated in accordance with the Labor Code of the Russian Federation.

Dismissal after the expiration of a fixed-term employment contract is the most common and simple way to terminate an agreement.

Of your own free will

According to the Labor Code, an employee has the right to terminate the contract, regardless of its type.

If an employee has entered into an agreement for up to two months or is engaged in seasonal work, then he must notify his employer about the desire to terminate the contract.

For this he is given three calendar days, and the warning must be drawn up in writing.

The grounds for termination of the agreement may be the inability of the employee to continue working (enrollment in an educational organization, retirement, etc.) or violation of the employee's rights by the employer.

In this case, the management must terminate the contract within the term set by the employee. The main thing is that he informs about his desire in writing on time.

Is it possible on a weekend

Serious problems should not arise if the day of leaving the workplace falls on a day off.

When terminating a fixed-term contract, you need to notify the employer in just three days, and therefore you can calculate in advance on what day the end date will fall.

More complex cases with a regular labor agreement, since you need to notify the superiors two weeks in advance, and in the case of staff reductions, management warns employees at least two months in advance.

In such situations, a situation may arise that the day of leaving will coincide with a non-working day. In such cases, there are two ways out:

the day of dismissal will be considered the nearest one before the onset of holidays / weekends;
the last worker before the weekend will be considered the day of dismissal.

If a pregnant woman

Dismissal of a pregnant employee is a very delicate issue, failure to comply with the terms of which could lead to litigation or compensation.

If the employer is interested in the employee continuing to work in the organization, then he can send the woman on maternity leave or sign an additional agreement on the open-ended nature of the work.

According to Art. 261 of the Labor Code of the Russian Federation in a situation of expiration of the term of the urgent agreement during the pregnancy of the employee, the employer must extend the period of the agreement until the end of the pregnancy.

In this case, the woman must provide a statement of her desire and a medical certificate. An exception is if the woman performed the duties of a temporarily absent employee.

In this case, you should not apply for an extension of the contract, but the employer must offer similar positions in their area.

When making an entry in the labor

As in the case of a regular contract, an entry in the work book is made upon hiring, as well as upon dismissal.

As soon as the period established by the contract has expired, a corresponding entry is made in the work book.

If the entry in the work book when hiring under a fixed-term employment contract should not reflect the temporary nature of the work, then this fact must be reflected in the dismissal record due to the expiration of the term of work.

If the term of the contract has expired, and the employee has not been fired, then the fixed-term agreement becomes indefinite and is subject to the conditions established by laws.

Sample notice

Drafting is an important part in the dismissal procedure, since this is provided for by law and if this condition is violated, the employee can appeal the dismissal as illegal.

This document should contain the following data:

basic information about the employee and the position held by him;
notification number and date;
data on the contract that was concluded;
expiration date of his term, and hence dismissal;
employer's position and signature.

You should not neglect this document, since it acts as a guarantee that everything was done in accordance with the laws and, if necessary, can become a proof of this fact.

Drawing up an order

If the term of the employment agreement has expired, then there is a procedure that is used in such a situation:

to begin with, a notification is sent to the employee about the expiration of the contract;
further, an order of dismissal is issued, if there are no objections on both sides;
the order is given to the employee for signature;
financial settlement is made on the day of dismissal;
the employee signs that he received the payment;
a note is made in the work book.

In order to correctly draw up in it, you need to indicate information about the organization and the employee, the number of the employment contract, signature and date.

If on a day off

As already indicated, a day off is a reason to postpone the date of dismissal to the next working day or to complete this procedure on the last day before the day off.

It doesn't really matter for the employee when he can leave the workplace, since the length of stay is slightly different. But, if such a situation arises, then you will definitely know what to do.

Is it possible during sick leave

The end of the contract does not depend on extraneous situations. If the employee is on sick leave, the employer must send him a notice of the end of the agreement.

Of the Labor Code of the Russian Federation if the last day of the term falls on a non-working day, then the next working day following it is considered the end of the term. Consequently, in this case, the day of expiry of the employment contract is the next working day following the weekend. This day is the last working day of the employee. Since the exit of the employee to work on such a day is carried out within the term of the employment contract, this fact will not be considered as a continuation of the employment relationship for an indefinite period. The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained (Article 84.1 of the Labor Code of the Russian Federation).

Dismissal on a weekend or a holiday (kurevina lv.)

Compensation for unused vacation: ten and a half months go in a year When an employee who has worked in the organization for 11 months is dismissed, compensation for unused vacation must be paid to him as for a full working year (Clause 28 of the Rules, approved by the NKT USSR on April 30, 1930, No. 169) ... But sometimes these 11 months are not so worked up.

< … Submission of SZV-M to the founding director: the PFR has decided the Pension Fund has finally put an end to the disputes about the need to submit the SZV-M form in relation to the head-sole founder. So, for such persons you need to pass both SZV-M and SZV-STAGE!< …

Info

When paying for "children's" sick leave, you will have to be more careful. A certificate of incapacity for work for caring for a sick child under the age of 7 years will be issued for the entire period of illness without any time limits. But be careful: the procedure for paying for the "children's" sick leave remains the same!< …

Therefore, a dismissed employee has the right to come for the relevant documentation on the first working day. It is this alignment that occurs most often. In some cases, the work book is given in advance.

But this is not the best practice. It is advisable to discuss with the employee the nuances of issuing all the listed documents. Conclusions and conclusions Now it is clear how to act if the day of dismissal falls on a day off.

The Labor Code of the Russian Federation provides for a huge variety of features regarding this topic. But with the right actions, the studied procedure does not cause trouble.

Attention

In other words, on the first working day after the weekend. But such manipulations are carried out at the peril and risk of the authorities.

The day of termination of a fixed-term contract falls on a weekend

If a fixed-term employment contract was concluded for the performance of a certain job, it terminates upon completion. Moreover, an employee can be fired only upon completion of all the work specified in the contract.
This follows from the provisions of Part 2 of Article 79 of the Labor Code of the Russian Federation. This is also indicated by the courts, see, for example, the appeal ruling of the Supreme Court of the Republic of Tatarstan of August 21, 2014 No.
№ 33-10757/2014. An employment contract concluded for the duration of seasonal work terminates at the end of the season (part 4 of article 79 of the Labor Code of the Russian Federation). And if the contract was concluded for the duration of the performance of the duties of the absent employee, then it terminates with the release of this employee to work (p.
3 tbsp. 79 of the Labor Code of the Russian Federation).

Dismissal day fell on a day off: actions of the employer

Indicate the number and date of the notice of termination of the employment contract or the number and date of the employment contract itself as the basis for issuing the order. This entry may look, for example, like this: "Notice dated 07.08.2008 No. 27, employment contract dated 11.08.2006 No. 28-TD".

On the basis of the order, make an entry on the termination of the employment contract in the employee's work book and his personal card. Make an entry in the work book as follows: "Fired due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation" (clause 15 of the Rules approved by the Government of the Russian Federation of April 16, 2003 No. 225, clause 5.2 Instructions approved by the decree of the Ministry of Labor of Russia dated October 10, 2003 No.

Dismissal on a day off

Ivan Shklovets Deputy Head of the Federal Service for Labor and Employment

Answer: How to issue a dismissal due to the expiration of an employment contract

The procedure for terminating a fixed-term employment contract A fixed-term employment contract is terminated upon the expiration of its validity period (part 1 of article 79 of the Labor Code of the Russian Federation). However, the expiration of the term does not in itself mean that the contract is terminated automatically.

To terminate the employment relationship, it is necessary that at least one of the parties to the contract demanded its termination due to the expiration of the term. If this does not happen, the employment relationship continues, and the contract itself is considered concluded for an indefinite period. At the same time, conclude an additional agreement to the employment contract (Article 58 of the Labor Code of the Russian Federation, letter of Rostrud dated November 20, 2006 No. 1904-6-1).

The Labor Code of the Russian Federation (deadlines for withdrawing a letter of resignation) do not apply even in a situation where an employee writes a statement on the day of dismissal (weekend), the letter of dismissal will be considered withdrawn on that day, and not on the day following the weekend. This conclusion was made in the Ruling of the Primorsky Regional Court dated February 6, 2013 in case No. 33-922. If the employer independently decides to formalize the dismissal of the employee on the day before the weekend (or earlier), he deprives the employee of the right to withdraw the application before the expiration of the warning period, which in further may also become a pretext for litigation.

So, L. was reinstated at work (FSUE Zvezda). The matter consisted in the fact that in his letter of dismissal L. did not indicate the date from which the employment contract should be terminated, the employer chose the date of dismissal on his own and dismissed him on the same day. Since L.

The day of dismissal under a fixed-term contract falls on a day off

The term calculated in calendar weeks or days includes non-working days. As for the last working day, according to Art.

4 tbsp. 14 of the Labor Code of the Russian Federation, if the last day of the notification period falls on a non-working day, the next working day after it is considered the end of the period, that is, if the last day of the notification period was Saturday or Sunday, which are days off for the employee, his last working day will be Monday. On this day, the employer issues a dismissal order, acquaints the employee with it, issues him a work book and makes a calculation with him. This position is based on the point of view according to which a day off cannot be a day of dismissal. Thus, the Tver Regional Court refused to satisfy. cassation appeal of the Administration of the Zharkovsky District of the Tver Region against the decision of the Zharkovsky District Court of the Tver Region.

The legislation does not provide for a standard notification form, so it can be drawn up in any form. The notice must be handed over to the employee personally, signed. If the employee refuses to sign the notice, file a waiver in the presence of at least two witnesses. This act will confirm that the employee has been informed of the termination. Editor's tip: Make two copies of the notice, one of which give to the employee, and on the second, ask him to sign for delivery. This second copy, signed by the employee, will serve as proof that the notice has been served. Dismissal order Fill out the dismissal of an employee due to the expiration of the employment contract in the usual manner.

The day of dismissal under a fixed-term contract falls on a weekend sample

If the employee does not agree with him, the dismissal should be made on September 23, 2012 with the involvement of the HR inspector and accountant to work on the day off. Yu.V. Shchedryakova Consulting and Analytical Center for Accounting and Taxation 10.12.2012 The document is provided by ConsultantPlus "Human Resources Department of a State (Municipal) Institution", 2012, No. 2 Question: Is it possible to involve an employee working in irregular working hours on a day off? Answer: In accordance with Letter N 1316-6-1, an employee who has an irregular working day can be involved in performing his labor functions both before the beginning of the working day (shift) and after it (her) end.

The date of dismissal under a fixed-term contract falls on a weekend

It is impossible to issue a copy of SZV-M to a resigning employee. According to the law on recruitment, an employer upon dismissal of an employee is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZh). However, these reporting forms are listed, i.e. contain data about all employees. This means that the transfer of a copy of such a report to one employee is the disclosure of personal data of other employees.< … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < …

Dismissal of the CEO on a day off

Forum Discussion

A The fixed-term employment contract with the director ends at

(Monday) or Friday? In any case, we are extending it

powers. According to the Labor Code, it seems that it is necessary to fire on Monday, but there is

doubts, because then different questions arise with banks ...

B The day of dismissal is the last working day. On this day you

must terminate the employment contract with the employee and make with him

full settlement.

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Q If a fixed-term employment contract with a director ends on a weekend

day, then you cannot fire him the next working day, since his

the employment contract will become indefinite due to Part 4 of Art. 58 TC.

D The day of dismissal is the day of termination of the employment contract, and the day of settlement is

friday. Previously paid - not a violation, but later fired -

received an employment contract for an indefinite period.

This is the lesser of evils. Who will figure it out in a few years,

what day was it? But neither banks nor tax issues have

will arise. Informed in time - already good!

And besides, do not forget: according to Part 1 of Art. 79 TC, if the initiative

the termination of a fixed-term employment contract comes from the employer, he

is obliged to notify the employee about the termination of the contract in writing

form three calendar days before dismissal. And it doesn't matter

is it a janitor or CEO. Unless, of course, another warning period

not specified in the employment contract itself. Usually the term for a manager is

E If the last day of the term falls on a non-working day, then in the afternoon

the expiration of the term is the next working day following it

(Article 14 of the Labor Code). Can't you just renew your employment contract,

for example, another year?

Expert opinion:

Part 2 of Art. 59 of the Labor Code provides for the possibility, by agreement of the parties, to conclude fixed-term employment contracts with the heads of organizations, regardless of their organizational and legal forms and forms of ownership. In this case, the duration of such an employment contract, in accordance with Part 1 of Art. 275 of the Labor Code of the Russian Federation, is determined by the constituent documents of the organization or by agreement of the parties. That is, a fixed-term employment contract with a manager is possible only in cases where it is reflected in the constituent documents (charter, etc.), or if the initiative comes from the employee.

Labor legislation does not provide for the possibility of concluding additional agreements or issuing orders that would extend the term of the employment contract with the head of the organization (as provided, for example, part 2 of article 261 of the Labor Code of the Russian Federation upon termination of a fixed-term employment contract during the pregnancy of a worker).

Therefore, the labor relationship with the head of the organization should be terminated every time after the expiration of the term of the employment contract, even if it is planned to extend the powers of the head for a new period.

One of the participants in the discussion correctly noted that the expiration of an employment contract and the determination of its end by a specific date differ from each other.

According to labor law, the termination of an employment contract can be determined both by the expiration of the term (the maximum term of an employment contract established by Part 1 of Art.58 of the Labor Code is five years), and by a specific date in some cases (which can include the termination of a fixed-term employment agreement with the head); changing or postponing this date is not allowed.

In accordance with Part 2 of Art. 14 of the Labor Code of the Russian Federation, the course of the terms with which the law connects the termination of labor rights and obligations begins on the next day after the calendar date that determines the end of the labor relationship. That is, in the given example, there will be no labor relations with the employee; therefore, the employee must be fired strictly on March 31st.

In accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when he actually did not work, but he retained his place of work (position).

On the last day of work, the employer is obliged to issue the employee a work book, other documents related to the work, at the employee's written request and make a final settlement with him (part 4 of the same article).

The procedure for terminating an employment contract established by labor legislation does not provide for the possibility of paying all amounts due to the dismissed employee before the day of termination of the employment contract, as well as in general to carry out the dismissal procedure before the day of dismissal. The employer performing these actions later than the day of dismissal will be legal only if on the day of termination of the employment contract it is impossible to do this due to the absence of the employee: according to Art. 84.1 of the Labor Code of the Russian Federation these are cases when the day of dismissal is not the last day of work, but the day of the period during which the employee retained his place of work (for example, the last day of vacation if it was granted with subsequent dismissal).

The term of the fixed-term employment contract ends on Saturday 30 April. On what day should the employee be dismissed on the basis of "expiration of the term of a fixed-term employment contract" - on the eve of a weekend, on a weekend or on the next working day - that is, May 4th?

Answer

Answer to the question:

If the last day of the term falls on a weekend or holiday, then the next working day following it is considered the end of the term. This is stated in the Labor Code of the Russian Federation. Therefore, the last working day of the employee is May 4

A fixed-term employment contract terminates upon the expiration of its validity period (). However, the expiration of the term does not in itself mean that the contract is terminated automatically. To terminate the employment relationship, it is necessary that at least one of the parties to the contract requires its termination due to the expiration of the term. If this does not happen, the employment relationship continues, and the contract itself is considered concluded for an indefinite period. In this case, conclude an additional agreement to the employment contract (,).

If the last day of the term falls on a weekend or holiday, then the next working day following it is considered the end of the term. This is stated in the Labor Code of the Russian Federation.

Is it possible to fire an employee on a weekend

In accordance with the Labor Code of the Russian Federation, the day of termination of the employment contract is the last day of the employee's work, except for cases when the employee did not actually work, but he retained his place of work / position (Article 84.1 of the Labor Code of the Russian Federation). Therefore, in the general case, if the day of the end of the term of work - the expected day of dismissal - falls on a day off, then the employee must be dismissed on the next working day following it (Article 14 of the Labor Code of the Russian Federation).

Similarly, if the day of dismissal falls on a public holiday (non-working day), then the employee must also be dismissed on the next working day, pay off with him and give him a work book.

Dismissal on the day of application

In certain cases, the employer is obliged to terminate the employment contract with the employee within the period specified in the application. This applies to employees who cannot continue their labor activity in the future for objective reasons:

employees enrolled in educational institutions;
retired workers, etc. (Article 80 of the Labor Code of the Russian Federation).

By them you cannot install any working out. Therefore, the only thing you need to keep track of is that the date of dismissal in the employee's application falls on a working day.

Dismissal on day off upon expiration of the contract

If you have entered into a fixed-term employment contract with an employee, then the last day of its term may also fall on a day off. In such a situation, it is safer to arrange the dismissal of an employee in accordance with the general approach - on the next next working day (

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