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

Formal employment always entails signing 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 such a thing as a fixed-term employment agreement, which is concluded on short term(up to 5 years) and has its own characteristics and differences from the usual agreement.

General points

An employment contract can be considered in three aspects:

The parties to the employment agreement are the employer (physical or entity) and an employee (individual).

What it is

According to the Labor Code, the definition of an employment contract is as follows - this is an agreement between an employee and an employer, according to which the former undertakes to carry out the activities assigned to him and comply with the rules of work in the organization.

In turn, the second should provide comfortable working conditions, based on the Labor Code and other regulations that carry related provisions and pay wages on time.

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

Proper drafting of it will help to avoid litigation in the event of disputes.

Document Features

Since the employment contract is a bilateral agreement and the employee and the employer act as its parties.

A fixed-term employment contract, like any other, must contain mandatory conditions. According to part 2 of Article 57 Labor Code this is:

place of work;
labor function;
period of commencement of work;
wages;
operating procedure;
compensation;
the nature of the work;
condition for mandatory social insurance, etc.

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

Legal framework

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

The third section is devoted to the topic of the employment contract. It covers the following 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 an employee. A form of a fixed-term employment contract is possible.

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

employer;
employee;
by agreement of the parties.

Do I need to write an application

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

You can discuss this point in advance with your superiors 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 may initiate the termination of the contract.

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

Dismissal after the expiration of a fixed-term employment contract is the most common and in a simple way termination of the agreement.

Of your own accord

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 a period of up to two months or is employed in seasonal work, then he must notify his employer of his desire to terminate the agreement.

He has three for this. calendar days and the warning must be in writing.

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

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

Is it possible on a day off

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

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

More complicated cases with a regular employment agreement, since you need to notify the authorities two weeks in advance, and in the event of a staff reduction, management warns employees at least two months in advance.

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

the day of dismissal will be considered the closest before the onset of holidays / weekends;
The day of dismissal will be considered the last worker before the onset of the day off.

If a pregnant woman

The dismissal of a pregnant employee is a very sensitive matter, failure to comply with the conditions of which may lead to litigation or compensation.

If the employer is interested in such an employee continuing his labor activity in the organization, then he can send the woman to maternity leave or sign supplementary agreement about the indefinite nature of the work.

According to Art. 261 of the Labor Code of the Russian Federation, in a situation where the period of validity of a fixed-term agreement expires during the pregnancy of an employee, the employer must extend the period of validity 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 his area.

When making an entry in the labor

As in the case of a regular contract, an entry in work book is paid 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 upon admission under a fixed-term employment contract should not reflect the temporary nature of the work, then this fact must be reflected in the record of dismissal due to the end 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 of the dismissal procedure, since it is provided for by law and if this condition is violated, the employee can appeal against the dismissal as illegal.

This document must contain the following information:

basic information about the employee and his position;
notification number and date;
information about the contract that was concluded;
date of expiration of his term, and hence dismissal;
position of the employer and his signature.

Do not neglect this document, since it acts as a guarantee that everything was done in accordance with the laws and, if necessary, can become 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, a dismissal order is issued if there are no objections from both parties;
the order is given to the employee for signature;
on the day of dismissal, a financial calculation is made;
the employee signs that he received the settlement;
a note is made in the workbook.

To correctly issue it, you need to indicate data about the organization and employee, the number of the employment contract, signature and date.

If on a day off

As already mentioned, a holiday is a reason to move the date of dismissal to the next business day or complete this procedure on the last day before the holiday.

For an employee, it does not really matter when he can leave workplace as the length of stay varies slightly. But, if such a situation arises, then you will definitely know what to do.

Is it possible during sick leave

The expiration 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.

If the last day of the term falls on a non-working day, then the expiration date of the term is the next working day following it. Therefore, in the case under consideration, the expiration date of the employment contract is the next business day following the weekend. This day is the employee's last working day. Since the employee’s return 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 work of the employee, with the exception of cases when the employee did not actually work, but behind him in accordance with the Labor Code of the Russian Federation or another 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 holiday (kurevin lv)

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

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

Info

When paying for "children's" sick leave, you will have to be more careful. A disability certificate 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 "children's" sick leave has remained the same!< …

Therefore, the dismissed employee has the right to come for the relevant documentation on the first working day. It is this arrangement 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 of 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 number of features regarding this topic. But at right action the procedure being studied does not cause trouble.

Attention

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

The date of termination of the fixed-term contract falls on a holiday

If a fixed-term employment contract was concluded for the performance of a specific job, it terminates upon completion of that job. Moreover, an employee can only be fired 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 Supreme Court Republic of Tatarstan dated August 21, 2014
№ 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.
3 art. 79 of the Labor Code of the Russian Federation).

The day of dismissal fell on a day off: the actions of the employer

As a basis for issuing an order, indicate the number and date of the notice of termination of the employment contract or the number and date of the employment contract itself. This entry may look, for example, as follows: "Notice No. 27 dated 08/07/2008, employment contract No. 28-TD dated 08/11/2006".

Based on the order, make an entry about 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 Decree of 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.

Leave on a day off

Ivan ShklovetsDeputy Head Federal Service for work and employment

Answer: How to issue a dismissal due to the expiration of the 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, article 79 of the Labor Code of the Russian Federation). However, the expiration of the term itself does not 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 demand its termination due to the expiration of the term. If this didn't happen, labor Relations continue, 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 from Rostrud dated November 20, 2006 No. 1904-6-1).

The Labor Code of the Russian Federation (the deadlines for withdrawing a letter of resignation) do not apply even if the employee writes a letter of resignation on the day of dismissal (day off), the letter of resignation will be considered withdrawn on that day, and not on the day following the day off. This conclusion was made in the Ruling of the Primorsky Regional Court dated February 6, 2013 in case N 33-922. If the employer independently decides to formalize the dismissal of the employee on the day before the day off (or earlier), he deprives the employee of the right to withdraw the application before the expiration of the warning period, which in may also lead to litigation in the future.

So, L. was reinstated at work (FGUP Zvezda). The point was that in his letter of resignation, L. did not indicate the date from which the employment contract should be terminated, while the employer chose the date of dismissal on his own and fired him on the same day. Because L.

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

Non-working days are also included in the period calculated in calendar weeks or 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 notice period falls on a non-working day, the expiration day of the period is the next business day following it. That is, if the last day of the notice 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, introduces the employee to him, gives him a work book and settles with him. This position is based on the point of view according to which a day off cannot be a day of dismissal. the 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 form of notification, so it can be drawn up in any form. The notice must be handed over personally to the employee under the signature. If the employee refuses to sign the notice, draw up an act of refusal to sign in the presence of at least two witnesses. This act will confirm that the employee was informed of the dismissal. Editor's tip: make two copies of the notice, give one of which 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 was served. Dismissal of an employee due to the expiration of the employment contract is issued in the usual manner.

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

If the employee does not agree with him, the dismissal must be made on 09/23/2012 with the involvement of the inspector of the personnel department and the accountant to work on a day off. Yu.V. Shchedryakova Consulting and Analytical Center for accounting and taxation 10.12.2012 The document was provided by ConsultantPlus "Personnel department of a state (municipal) institution", 2012, N 2 Question: Can an employee working in irregular working hours be involved in work on a day off? Answer: In accordance with Letter N 1316-6-1, an employee who has an irregular working day may be involved in the performance of his labor functions both before the start of the working day (shift), and after its (her) end.

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

It is impossible to issue a copy of SZV-M to a retiring employee. According to the law on accounting, 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 list-based, i.e. contains information 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 CEO on a day off

Forum discussion

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

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

powers. According to the Labor Code, it seems to be fired on Monday, but there is

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

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

must terminate the employment contract with the employee and make

full calculation.

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

day, then you cannot fire him the next working day, because he

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

D Day of dismissal - the day the employment contract ends, and the day of calculation -

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

received an employment contract for an indefinite period.

B 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

will arise. Informed in time - already good!

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

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

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

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

is it a janitor or a general manager. Unless, of course, a different warning period

not specified in the contract itself. Usually for a leader, the term is

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

The expiry date is the next business day following it.

(Article 14 of the Labor Code). Isn't it possible to just extend the employment contract,

Like for another year?

Expert opinion:

Part 2 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. At the same time, the validity period 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 this 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 at the end of a fixed-term employment contract during the pregnancy of an employee).

Therefore, labor relations with the head of the organization must be terminated every time after the expiration of the employment contract, even if it is intended 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 definition of its termination by a specific date differ from each other.

According to labor legislation, the end of an employment contract can be determined both by the expiration of the term (the maximum term of the employment contract established by part 1 of article 58 of the Labor Code is five years), and by a specific date in some cases (which can just include the termination of a fixed-term employment contracts with the manager); changing or moving this date is not allowed.

In accordance with Part 2 of Art. 14 of the Labor Code of the Russian Federation, the duration of the terms with which the law connects the termination labor rights and duties, begins the day after the calendar date, which determined the end of the employment relationship. That is, in the above example, there will no longer be an employment relationship with an employee; therefore, the employee must be fired strictly on March 31.

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 did not actually work, but his place of work (position) was retained.

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

Termination of an employment contract statutory on labor, does not provide for the possibility of paying all the amounts due to the dismissed employee earlier than the day of termination of the employment contract, as well as, in general, to carry out the dismissal procedure earlier than the day of dismissal. The performance by the employer of these actions later than the day of dismissal will be lawful only if it is impossible to do this on the day of termination of the employment contract 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 granted with subsequent dismissal).

The term of the fixed-term employment contract ends on Saturday 30 April. What day should the employee be fired on the basis of "the expiration of the fixed-term employment contract" - on the eve of the weekend, on the weekend or the next business day - i.e. May 4th?

Answer

Answer to the question:

If the last day of the deadline falls on a weekend or holiday, the deadline is the next working day following it. 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 itself does not 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 demand 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 (,).

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

Is it possible to fire an employee on a day off

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 general case if the expiration date of the working period - the expected day of dismissal - falls on a day off, then the employee must be dismissed on the next working day following him (Article 14 of the Labor Code of the Russian Federation).

Similarly, if the day of dismissal falls on a holiday (non-working), then the employee must also be fired on the next working day, pay him off 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 can no longer continue their labor activity due to objective reasons:

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

You can't install any work on them. Therefore, the only thing you need to follow is that the date of dismissal in the employee's statement falls on a business day.

Dismissal on a day off at the expiration of the contract

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

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