Tip 1: How to terminate a fixed-term employment contract
Tip 1: How to terminate a fixed-term employment contract
An employment contract recognizes an agreement betweenemployee and employer, whereby the employer provides the workplace for the employee to perform his labor functions (in accordance with labor protection standards, collective labor contracts) and guarantees a certain level of wages, and the employee, in turn, undertakes to fulfill his labor function, observe the rules internal routine.
Instructions
1
The employment contract can be concluded asdefined (fixed-term employment contract), and for an indefinite (without indication of the term) period. An urgent labor contract must be concluded in cases when there is no possibility to establish an employment relationship for an indefinite period. Such obstacles may be the specific nature of the labor functions performed, or the conditions under which they will be carried out.
2
The absence in the text of the employment contract of the item onThe term of its validity indicates that it is concluded for an indefinite period. In case the term of the agreement has expired, but neither of the parties has demanded its cancellation on this basis (that is, due to the expiration of its validity), the term condition loses its validity and it is considered concluded for an indefinite period.
3
Article 79 of the Labor Code of the Russian Federationdetermines the grounds for terminating the fixed-term employment contract. The main one is the expiry of its validity. Upon termination of the employment contract for this reason, the employer must notify the employee about this in writing at least three days prior to the expiration of the period.
4
In cases where the employment contract was concluded infor the purpose of performing a specific task, it ceases at the end of its execution. Similarly, labor contracts that are concluded for the purpose of performing temporary (seasonal) work are terminated. If a fixed-term employment contract has been concluded with a view to replacing a temporarily absent employee, it ceases to be effective upon the latter's return to his workplace.
Tip 2: How to terminate a fixed-term contract
An urgent labor contract is concluded betweenemployee and employer for a certain period. This happens when there is no possibility of establishing an employment relationship for an indefinite time because of the specific nature of the work duties or in connection with the conditions in which they will be carried out. The basis for termination of a fixed-term contract is the relevant order.
Instructions
1
In the event that neither you nor your employerdemanded the termination of the fixed-term contract until the day when the action ends, and you continue to work in the organization, the contract automatically turns into a prisoner for an indefinite period. This is indicated by the content of Article 59 of the Labor Code of the Russian Federation. In the future, the termination of such an employment agreement will occur in accordance with the general grounds specified in the Labor Code of the Russian Federation for an agreement for an indefinite period.
2
According to Article 79 of the Labor Code of the Russian FederationFederation, terminating the fixed-term contract, in connection with the expiration of its validity period, the employer must notify you in writing about the date of planned dismissal not less than three calendar days. If this condition is violated, the fixed-term contract is transformed into an unlimited term.
3
If you are employed,the employer is a fixed-term contract for the time when the employee of the organization is absent due to certain reasons, your agreement loses its force when this person comes to work. And to warn you about dismissal for three days the head of the organization is not necessary.
4
The same applies to a fixed-term contractfor the duration of a specific task. It will cease to exist at the moment when this task will be performed by you. At the same time, the management of the organization also has the right to not notify you about the date of termination of the agreement.
5
But the date of termination of an urgent laborcontract, concluded for the period of seasonal work, valid for a certain period (season), the employer is obliged to inform you in advance, namely not less than three days.
6
For pregnant women who are employed forbased on a fixed-term employment contract, special guarantees are provided. The employer, in the event of the expiration of the term of such an agreement, is obliged to extend it until the termination of the employee's pregnancy. To do this, the woman must write and give the head of the organization an appropriate application.
Tip 3: How to change a fixed-term employment contract
Some managers in the process of economicthe activities of the organization conclude with the employees fixed-term employment contracts, that is, contracts for a certain period. Often such legal documents are issued in the case of hiring an employee for seasonal work. Sometimes there are situations when it is necessary to make some changes to the concluded contract.
Instructions
1
Notify the employee of anychanges in the fixed-term employment contract. For example, you lower your wages. Notify the employee about this two months before the order comes into force. If you wish to change the schedule, also issue a notification. The employee must make a written consent or sign in the incoming notification.
2
Make changes to the fixed-term employment contract with the help of an additional agreement. Be sure to include in it the old version of the urgent contract and then write a new one. For example, you change the condition concerning wages. The text should be something like this: "In the paragraph (specify the number) in the following edition: (specify the changeable fragment) to make changes (specify which)."
3
Make an additional agreement in a doubleone of which will remain with you, and the second - with the employee himself. Both copies are signed by both parties and are sealed with a blue seal of the organization's seal.
4
If you want to change the term contract, that is, to extend it, it is better to switchits for a new one. Since tax inspectors do not give an unambiguous answer to the question: is it possible to extend a fixed-term employment contract by means of drawing up an additional agreement.
5
If you want to transfer an employee from an urgent contract for an indefinite, then just continue laborrelations, that is, there is no need to draw up an application for dismissal (employment), orders. This situation is considered in the Labor Code of the Russian Federation, namely in Article 58 of Chapter 10.
6
If you terminate a fixed-term employment contractbefore the time specified in it, violate one of its conditions, which leads to penalties. In this case, the legal document can be terminated only with the consent of the employee himself.
