Labor interactions between the parties are based on a labor agreement, which is considered an important document. The rules for its conclusion, termination, review and other actions impose certain obligations on both parties. For example, we will consider a rather topical issue regarding the notice of termination of a fixed-term employment contract (a sample will be presented later).
Right or obligation
The head is obliged to inform the employee about the upcoming dismissal in connection with the imminent termination of the contract. Moreover, the notice of termination (termination) of the employment contract is handed directly to the employee for three days.
But, for example, in a collective agreement additional conditions may be prescribed that protect the rights of workers that relate to notification juices. Therefore, the employee of the personnel department should not adhere to the legislatively established deadlines, but those specified in the collective agreement.
As you know, employment contracts are divided into perpetual and urgent. To urgent include contracts for temporary and seasonal work, as well as an agreement on the implementation of specific actions. When the deadline for the completion of such an agreement approaches, the employee is either dismissed or prolonged with him.
Decor
It should be remembered that the termination period of the contract is the last day when the employee performs his duties. In this case, the law-abiding employer will issue a notice in advance on the termination of the fixed-term employment contract (an example is indicated below) and familiarize the employee with it. Wherein:
- The notice must be drawn up and signed several days before the immediate termination of the agreement.
- The notice must be in writing and transmitted to the employee in the most convenient way.
If the employee is in the organization’s office, then the notification is handed over to him, and he, in turn, must sign the receipt of the document. If the work is remote, then the notification is sent by registered mail.
The following papers remain in the organization:
- a receipt on the notification to the addressee, which confirms the employee’s consent to the dismissal;
- receipt of registered mail.
Moreover, if the employee refused to sign a notice of dismissal, this fact is also recorded by the relevant act and with two witnesses.
Compilation
The notice of termination of the fixed-term employment contract (sample document) allows you to better understand how information should be transmitted on the termination of employment. At the same time, there is nothing complicated in drawing up a notice. This is a document with a link to a specific article in the Labor Code of the Russian Federation, as well as information about the expiration of the employment agreement.
By the way, do not forget that any fixed-term contract, if desired by both parties, can be extended or made unlimited. In this case, no notifications are required. The employee simply continues to work, and this fact automatically prolongs the contract.
Do I need to register? The timing
The notice of termination of the fixed-term employment contract (a sample of the document was submitted earlier) must be recorded in the register of orders and instructions. The document is assigned a unique outgoing number. Such registration can prove that the employee’s rights have not been violated, which, in fact, will save the head of the organization from unnecessary litigation.
Notifying the employee in advance, the head can not worry, as the dismissal procedure will comply with the Labor Code of the Russian Federation.
With regard to the timing of the notification, this must be done at least 3 days before the expiration of the contract period. But there is a small nuance.
For example, if an employee replaced another temporarily absent employee and the latter went to work, then no one is obligated to notify the employee of his dismissal , as his labor functions imply.
Employer initiative
There are cases when employees without fail receive notifications on termination of a fixed-term employment contract drawn up according to a similar model. The features of such a notice are that it is sent in a few months. This is done with the liquidation of the organization or with the reduction of employees.
In principle, if the dismissal is due to the liquidation of the organization, then the manager can break off the employment relationship with the employee much earlier than the specified period, but in this case he will have to pay the full salary for several months and all the necessary compensation.
In such cases, a model notice of termination of a fixed-term employment contract is handed over to the employee on hand for signature.
The form of notification is not defined by law, but it should indicate the date of the upcoming dismissal and the date of delivery, as well as the essence of the whole situation.
However, if the employer violates the established procedure, he faces a fine, and administrative penalties are possible.