The dismissal of any employee must occuraccording to legislative norms. This fact does not depend on whether he worked under a standard contract or on an urgent one. Let's consider the main aspects, which are based on Article 79 of the LC RF. Let us examine the nuances of the termination of fixed-term labor relations.
The essence of a fixed-term contract is limited to the establishment of temporary labor relations between the parties. The Derivative Contract may consist of:
Taking into account the provisions of Art. 79 of the LC RF (with comments), the grounds for the termination of fixed-term labor relations are:
Part 1 of Article 79 of the RF Customs Code specifies a number of certain actions that will protect the employer from disputable issues after the end of the contract period with the citizen.
Obligatory condition for termination of employmentrelationships because of their termination is the written notification of the employee about this fact. The employer must do this no later than three days before the end of the fixed-term contract. It should be remembered that informing the employee of the dismissal must be carried out in an appropriate manner. Employees need to familiarize themselves with the document with a signature with a notice, and in case of refusal to sign the document it is necessary to draw up a special act that fixes this aspect. If these requirements are not met after dismissal, labor disputes may arise, which will negatively affect both sides.
In this art.79 TC RF also implies the following nuance - if the parties did not want to stop it, the employee continues to work in his position, and the contract automatically becomes prolonged for an indefinite period.
Consequently, the fact that the term of the document has come to an end is not a reason for its termination. This should be confirmed by actions on the part of management.
Art. 79 of the LC RF does not stipulate the question of when to terminate a fixed-term contract on the initiative of the employer, but the Labor Code provides the following reasons:
It is advisable to clarify whether it is necessary in the laborindicate dismissal under Article 79 of the LC RF? Entry in the labor is done in this case in accordance with the norms of the second paragraph of the first part of Article 77 of the LC RF. Why?
The term contract ends when the term specified in it expires. And this is the reason for the termination of fixed-term labor relations, which is stipulated in clause 2, part 1, article 77.
Considering Art. 84.1 of the Labor Code of the Russian Federation, the entry in the employment form must be made exactly with the wording of the code and other normative acts with reference to the relevant article.
Rules of keeping and conducting labor approvedgovernment decree. Consequently, taking into account all the requirements of the articles of the RF TC and federal acts, the termination of the employment relationship under a fixed-term contract must take place in accordance with Article 77 par.
Even though Article 79 of the Coderegulates the main aspects that are the reason for the termination of fixed-term labor relations, there are categories of employees to whom a special relationship applies:
