Dismissal is always a difficult situation, not very pleasant for an employee. And even if he was hired under a fixed-term employment contract and knew that dismissal was inevitable, there is always hope for a more favorable outcome. How to dismiss an employee legally, having completed all the necessary formalities?
Instructions
Step 1
First, you need to decide that the hiring of an employee under a fixed-term employment contract was carried out on a legal basis. This can only be done under certain conditions. So, temporary admission is possible to replace a temporarily absent employee, to perform seasonal work, to formalize labor relations with a pensioner, etc. A complete list of cases when admission under a fixed-term contract is allowed is contained in Article 79 of the Labor Code of the Russian Federation.
If the employer thus wanted to protect himself from the wrong decision when choosing a candidate, it is illegal. For a vacant position available in the staffing table of the enterprise, admission is possible only for an indefinite period. If there are doubts about the correctness of the choice of the candidate, it is possible to accept him with a probationary period.
Unlawful admission under a fixed-term employment contract can be appealed in court.
Step 2
When the term of the employment contract comes to an end, the employer must notify the employee about the upcoming dismissal 3 days before the date of dismissal. In the notification, the employee must sign and date the familiarization. This is a prerequisite for all urgent work. The exception is work during the absence of the main employee. In this case, the last day of work will be the day the main employee starts work.
If work under a contract concluded for a period of up to 2 months is completed earlier, the contract is terminated on the day the work is completed. However, the employer's obligation to give 3 days' notice remains in effect.
Step 3
On the day of the employee's dismissal, he must be familiarized with the order, make a full calculation and issue a work book with a record of dismissal under paragraph 2 of part 1 of article 77 of the Labor Code of the Russian Federation.
Step 4
In addition, a fixed-term employment contract can be extended by agreement of the parties. An addendum to the employment contract is drawn up about this. If none of the parties has expressed a desire to terminate a fixed-term employment contract, it is considered concluded for an indefinite period. In this case, the dismissal of the employee is possible only on a general basis.
