Temporary work is a fairly common phenomenon, it can be due to the seasonal nature of the enterprise, an emergency, production needs, long-term absence of some specialist, etc. Despite the urgent nature of such an employment contract, the employee may need to quit.
Employment contract with a temporary worker
Article 289 of the Labor Code of the Russian Federation defines a temporary worker as one with whom an employment contract is concluded for a period of up to 2 months. But such short-term employment relationships in any case must be formalized in strict accordance with applicable labor laws. The contract concluded in this case must also guarantee the provision of all the rights and guarantees stipulated by law, despite the fact that there is no official list of temporary jobs in labor legislation.
Temporary labor relations are regulated by Chapter 45 of the Labor Code of the Russian Federation. In some cases, they are also subject to the rules established by Articles 58, 59, 79 and concerning the conclusion of fixed-term employment contracts.
Dismissal from temporary work
The effect of such contracts ends simultaneously with the expiration of the terms specified in them, and, according to Art. 79 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee of the upcoming dismissal no later than three calendar days before this date. This rule has the only exception: if the employment contract was concluded during the absence of a permanent employee, the employer may not warn the temporary employee about the upcoming dismissal. If the contract expires on a non-working day, the next working day will be considered the date of dismissal.
An employer can dismiss a temporary worker even before the expiration of a fixed-term employment contract. The law provides for several cases for this: bankruptcy and liquidation or reorganization of an enterprise, change in the staffing table, reduction. In this case, the dismissal procedure provides for the mandatory notification of the employee in writing and against signature no later than 3 calendar days. The term calculated in calendar days also includes non-working days - weekends and holidays.
The legal norms established in a fixed-term employment contract cannot be changed unilaterally by either the employer or the employee himself - this can only be done by agreement of the parties. But a temporary worker has the right to terminate a fixed-term employment contract. He is obliged to notify the employer about his initiative in advance - no later than 3 calendar days. He must inform the employer of this desire in writing by writing a statement in the prescribed form, as stipulated in Art. 292 of the Labor Code of the Russian Federation. Upon dismissal, including on the initiative of a temporary worker, severance pay is not paid to him.
