The end of an employment contract on a day off. The term of a fixed-term employment contract ends on a day off

The company and the employee have the right to terminate the employment relationship on any day, by agreement, while complying with the requirements of labor legislation. In this article we will consider the situation when the day of dismissal falls on a weekend.

Is it possible to fire an employee on a day off?

The determination of deadlines in the work process is regulated by Article 14 of the Labor Code. It states that in a situation where the day the employee ends his work activity falls on a weekend or holiday, the date of dismissal must be considered the next working day. Cases where the employee did not actually perform his duties, but his job was retained, are an exception.

The issue can be resolved differently if the expected day of departure falls on a holiday. The holiday period can last several days, as a result of which work is delayed. This situation is usually resolved by agreement of the parties. The employee, with his consent, can be fired earlier, that is, on a working day before the holidays.

On the other hand, there is no direct prohibition of termination of employment on a non-working day in the labor code, but in practice this is possible in exceptional cases. In Art. 84.1 of the Labor Code of the Russian Federation states that on the last working day the enterprise is obliged to pay the resigning employee. He needs to pay the current wages and all required compensation, including for vacations not taken, as well as return the work permit and issue all other documents.

Delay in all these procedures threatens the employer with a fine. Most often, an employee explains a complaint to the labor inspectorate by saying that due to the delay he was unable to conclude a new employment agreement.

Is it possible to quit on a day off at your own request?

Interesting information

Please note that there may be different situations with dismissal. Termination of labor relations occurs: due to staff reduction; upon liquidation of the organization; during an employee's vacation; on a day off; at the initiative of management; in connection with the end of the employment contract; at the personal request of the employee. In practice, the last option is the most popular.

Based on Article 80 of the Labor Code of the Russian Federation, an employee can resign at will at any time during the term of the employment agreement, but subject to written warning to the employer 14 days in advance. If the working period ends on a weekend or holiday, then, based on Art. 14 of the Labor Code of the Russian Federation, the employer has the opportunity to determine the last working day on the next working date.

Moreover, in the third paragraph of Art. 80 contains a list of categories of employees with whom the employer is obliged to terminate their employment agreement only within the period specified in the resignation letter, namely:

the employee cannot continue his work activity (entry to full-time study, retirement, etc.);
violation by the enterprise of the labor code and other legislative acts;
violation by the employer of clauses of the collective agreement.

If on a non-working day the company cannot pay an employee, he may be asked to write a statement specifying the date of dismissal on the previous or next working day. This is done to avoid possible conflict situations with the employee.

Is it possible to terminate a TD at the initiative of the enterprise if the day of dismissal coincides with a day off?

Termination of an employment agreement at the initiative of the employer on a day off is often the subject of litigation. For example, when reducing staff, the employer may terminate the agreement on the date when the two-month notice period for the reduction ends.

At the same time, a number of court decisions were made in favor of the employee. In them, the court referred to Article 14 of the Labor Code of the Russian Federation. The decision in favor of the employer is justified by Art. 180 of the Labor Code of the Russian Federation, namely, that two months before the date the employee was notified of the layoff in writing against signature.

If the last day of work is a weekend, the employer may oblige the employee to work a shift on weekdays. This rule is spelled out in the Labor Code and respects the rights of both parties.

Dismissal at the end of a fixed-term employment contract

A fixed-term employment agreement must indicate its duration. If the end day is a holiday or weekend, then employers can also be guided by Art. 14 of the Labor Code of the Russian Federation and terminate the employment relationship with the employee on the next working day.

At the same time, there are precedents in court where the employer’s right to dismiss an employee even on non-working days was recognized as legal. To avoid conflict situations, the employer's responsible employees, when preparing an employment contract, usually check whether a certain end date of the agreement falls on a day off.

Watch the video on how to fire an employee after the expiration of the employment contract

Features of dismissal on a day off

At an enterprise where there is a shift schedule, a situation may arise when the employee’s scheduled day of termination of the employment agreement is a working day, and the HR specialist is a day off. In such circumstances, Rostrud provided an explanation by Letter No. 863-61 dated June 18, 2012. The document states that the employer is obliged to ensure that specialists responsible for processing the calculation are present at work on that day.

Still have questions? Ask them in the comments to the article

Re: Expiration of the term of an employment contract on a day off Article 14. Calculation of deadlines The course of the periods with which this Code associates the emergence of labor rights and obligations begins with the calendar date that determines the beginning of the emergence of these rights and obligations. The course of the periods with which this Code associates termination labor rights and obligations, begins on the NEXT day after the calendar date that determines the end of the employment relationship. Terms calculated in years, months, weeks expire on the corresponding date of the last year, month or week of the term. The period calculated in calendar weeks or days also includes non-working days. If the last day of the period falls on a non-working day, then the next working day following it is considered the end of the period.

Labor Code of the Russian Federation), when employees are warned about the upcoming dismissal by the employer at least two months before dismissal. The day of dismissal may coincide with a weekend or holiday and at the end of the term of a fixed-term employment contract. For your information. The Labor Code also establishes other notice periods: three days for notice of dismissal in the event of an unsatisfactory test result and for termination of a fixed-term employment contract (Art.
Art. 71, 79 of the Labor Code of the Russian Federation), a month - in case of early termination of an employment contract with a manager, coach and athlete (Articles 280, 348.12 of the Labor Code of the Russian Federation). And in cases where an employee cannot continue to work due to his enrollment in an educational organization, retirement, etc., the employer is obliged to terminate the employment contract with him within the period specified in the employee’s application (Part.

3 tbsp. 80 Labor Code of the Russian Federation).

How to fire an employee if the employment contract expires on a weekend?

the employee cannot continue his work activity (entry to full-time study, retirement, etc.);
violation by the enterprise of the labor code and other legislative acts;
violation by the employer of clauses of the collective agreement.

Dismissal on a weekend or holiday (Kurevin L.V.)

The Labor Code of the Russian Federation (terms for withdrawing a resignation letter) do not apply in a situation where an employee writes a statement on the day of dismissal (a day off), the resignation letter will be considered withdrawn on that day, and not on the day following the day off. This conclusion was made in the Ruling of the Primorsky Regional Court dated 02/06/2013 in case No. 33-922. If the employer independently decides to formalize the dismissal of an employee on the day before the day off (or earlier), he deprives the employee of the right to withdraw the application before the expiration of the notice period, which in In the future, it may also become a reason for litigation.
Thus, L. was reinstated at work (FSUE Zvezda). The point was that in his resignation letter L. did not indicate the date from which the employment contract should be terminated, but the employer chose the date of dismissal independently and fired him on the same day. Since L.

The day of termination of a fixed-term contract falls on a weekend

As the basis for issuing the order, indicate the number and date of the notice of termination of the employment contract or the number and date of the employment contract itself. This entry may look, for example, like this: “Notice dated 08/07/2008 No. 27, employment contract dated 08/11/2006 No. 28-TD.”

Based on the order, make an entry about the termination of the employment contract in the employee’s work book and his personal card.
Make an entry in the work book as follows: “Dismissed due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation” (clause 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, clause 5.2 Instructions approved by the resolution of the Ministry of Labor of Russia dated October 10, 2003.

Such conclusions are contained, for example, in the Appeal rulings of the Rostov Regional Court dated October 29, 2012 in case No. 33-12690, the Supreme Court of the Republic of Kalmykia dated September 11, 2012 in case No. 33-652/2012. According to the third point of view, the dismissal of an employee in the case when the end of a fixed-term employment contract is determined by a specific date, must be carried out on this date, its postponement is illegal. If the date falls on a weekend, it is necessary to involve personnel and accounting employees to work on the weekend<1.

A fixed-term employment contract is one of the forms of legal relations between the parties. Under such an agreement, the employee undertakes to perform specified duties for a certain period, after which there is a high probability of being accepted into the staff of the enterprise.

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The rights and obligations of an employee are established not only in the concluded agreement, but also in the current labor legislation of the Russian Federation. Often, ignorance of your rights leads to their violation by the employer.

basic information

The main feature of this type of agreement is that it is drawn up for a certain period, after which the parties actually terminate their employment relationship.

An example of such an agreement could be an agreement to perform seasonal work or provide a certain one-time service.

The validity period of a fixed-term agreement cannot exceed 5 years.

Definitions

It is important for the employee to become familiar with the following definitions:

- a type of employment agreement concluded between the parties for a specified period;
duration of the agreement - the period of time during which the parties undertake to fulfill the mutual rights and obligations stipulated by the terms of the agreement;
expiration of the contract - the actual termination of the employment relationship upon the expiration date of the agreement;
terms of the agreement - the mutual rights and obligations of the parties established by the agreement and binding.

Labor legislation contains other definitions that are mandatory for the employee to familiarize with.

Legislation

In the Russian Federation there is a special legal act regulating legal relations in the sphere of labor - the Labor Code of the Russian Federation. Cases in which a fixed-term employment contract can be concluded are stipulated in the article of the Labor Code of the Russian Federation. An article of the Labor Code of the Russian Federation regulates the procedure for terminating a fixed-term employment agreement.

Studying the Labor Code of the Russian Federation allows us to understand the features of this kind of legal relationship between an employee and an employer.

Procedure for dismissal

An employee performing duties under the terms of a fixed-term employment contract can be dismissed in the following cases:

expiration of the contract;
actual performance of the work for which the employee was hired;
end of seasonal work.

Expiry of the contract means the end of the period for which the agreement was concluded.

For example, during sick leave of the main employee or his absence due to maternity leave.

The agreement must necessarily indicate the start and end date of the employment relationship between the employee and the employer or individual entrepreneur. Upon completion of this period, the employer has the right to dismiss the employee.

There is a practice in which an employer formalizes an employment legal relationship with an employee to perform an established list of works or provide agreed services, upon completion of which the legal relationship is terminated.

The employer undertakes to notify the employee in advance of the upcoming expiration date of the contract. As a rule, this period is 3 days.

On the last working day, the employer undertakes to make final payments to the hired employee. If for some reason the employer does not pay the employee, then such an agreement automatically becomes an open-ended agreement. Further dismissal under a fixed-term contract will occur according to the general rule.

What are the reasons

The legislation provides for the following reasons for terminating a fixed-term employment contract:

if a temporarily absent employee came to work, whose duties were temporarily replaced by a hired employee;
the temporary employee actually fulfilled the obligations under the concluded fixed-term agreement;
the parties made an agreed decision on early termination of the agreement;
the fixed-term contract is terminated at the initiative of one of the parties to the agreement.

Employee's desire

The Labor Code of the Russian Federation establishes that a fixed-term employment contract can be terminated at the initiative of the employee for the following reasons:

due to partial or complete loss of ability to work, as a result of which the possibility of continuing labor relations is excluded;
due to illness of an employee’s family member;
in case of detection of failure by the employer to fulfill its obligations stipulated by the terms of the contract or violation of labor legislation;
in connection with the relocation of an employee or employer to another area;
in connection with the election of an employee to an elective position;
other reasons that do not contradict the labor legislation of the Russian Federation.

The employee undertakes to notify the employer of his intention to terminate the employment agreement early at least two weeks before the actual date of leaving his place of work. The parties can agree on the possibility of early departure without the need for service.

Employer's desire

Grounds for dismissal of an employee at the initiative of the employer:

upon liquidation of the employer;
as a result of measures aimed at staff reduction;
if an employee is found to be unsuitable for the position held;
as a result of the employee’s systematic failure to fulfill his duties stipulated by the terms of the employment agreement;
in connection with a change of owner - applies to persons holding management positions, their deputies and accountants;
in connection with the identification of a factor of gross violation of labor discipline;
if inaccurate or false data is identified when applying for an employee to work under a fixed-term employment agreement;
as a result of committing illegal actions provided for by the criminal code.

Features that should be taken into account when dismissing at the initiative of the employer:

when dismissing an employee at the initiative of the employer, it is necessary to comply with the procedural procedure for terminating labor relations provided for by the Labor Code of the Russian Federation;
the identified grounds for dismissal must be documented, by conducting an internal investigation to prove the employee’s guilt;
a minor can be dismissed at the initiative of the employer only with the consent of the relevant government bodies represented by the Commission on Minors' Affairs or the Labor Inspectorate;
upon dismissal, the employer is obliged to comply with the established deadlines, as well as make the final payment to the employee in a timely manner.

Expired

Clause 2 of Article of the Labor Code of the Russian Federation provides for the possibility of dismissing an employee under a fixed-term Labor agreement as a result of the expiration of the period for which it was concluded.

If, after the expiration of the contract, the parties actually continued their employment relationship, then such a contract becomes an open-ended contract and dismissal on the above grounds is impossible.

Main stages when dismissal under a fixed-term contract

The main stages of terminating a fixed-term employment relationship:

notice of planned dismissal;
preparation of an order;
familiarization of the employee with the document;
filling out a work book, as well as making final payments on the last working day.

Notification

The employer is obligated to notify the employee about this 3 days before the actual expiration of the agreement. The notification is drawn up in two copies and registered in accordance with the rules of document flow. The employee must be familiar with the document and leave his signature on it.

Documentation

When terminating a fixed-term employment contract, the employee must have an idea of what documents are drawn up during this procedure:

the employee’s application for termination of the employment contract - if the dismissal occurs on his initiative;
notification to the employer about the expiration of the contract;
an order indicating the grounds on which the employment relationship is terminated.

Order

The order is the main document at the enterprise on the basis of which an employee is dismissed. The document is signed by the manager or an authorized person and is also provided to the dismissed employee for review.

If an employee is absent from the workplace or deliberately refuses to sign it, then in this case the employer is obliged, as part of the working commission, to draw up an appropriate act, which will reflect the reason why it is impossible to convey the essence of the document to the employee.

Fill out the labor

The responsibilities of the HR department include filling out and issuing work books. On the last working day, the employee must sign in the work record book stating that he has read the information entered and received the document on purpose.

Working off

The terms of a fixed-term employment agreement may provide for the employee’s obligation to work for a certain period before actually ceasing to perform work duties. Dismissal under a fixed-term contract on a weekend is not possible. The date of dismissal will be the first nearest working day.

What employee benefits are expected?

An employee working on the basis of a fixed-term employment contract has the right to expect payment of funds due to him for the time actually worked.

In cases provided for by law, an employee may be entitled to payment of severance pay and compensation, payment for vacation, if the contract has become indefinite, established by law, labor or collective agreement of the enterprise.

Preferential category of people

A pregnant woman can be fired only in cases of liquidation of the enterprise or the return to work of the main employee who was replaced by a hired worker.

If an employee’s pregnancy occurs during the expiration date of the employment contract, then the employer, after receiving an application from the pregnant employee and providing documentary evidence, is obliged to extend the term of the agreement until the birth of the child with the provision of maternity leave.

mothers raising children under 3 years of age;
single mothers raising disabled children or a child under 14 years of age;
the sole breadwinner of the family, who is dependent on a disabled minor child, as well as at least three minor children.

Dismissal of the CEO on a day off

Discussion on the forum

A The fixed-term employment contract with the director ends on

(Monday) or Friday? In any case, we are extending it

powers. According to the Labor Code, it seems that it is necessary to fire on Monday, but there is

doubts, because then various questions arise with banks...

B The day of dismissal is the last working day. On this day you

must terminate the employment contract with the employee and deal with him

full payment.

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B If a fixed-term employment contract with a director ends on a day off

day, then you cannot fire him on the next working day, because he

the employment contract will become indefinite by virtue of Part 4 of Art. 58 TK.

D The day of dismissal is the day of the end of the employment contract, and the day of payment is

Friday. Earlier they paid - not a violation, but later they fired -

received an employment contract for an indefinite period.

B This is the lesser of two evils. Who will figure it out in a few years?

what day was it? But neither the banks nor the tax authorities have any questions

will arise. We informed you on time - already good!

Y And besides, don’t forget: according to Part 1 of Art. 79 TC, if initiative

termination of a fixed-term employment contract comes from the employer, he

is obliged to notify the employee about the termination of the contract in writing

form three calendar days before dismissal. And it doesn't matter

is it the janitor or the general director. Unless, of course, there is a different warning period

not specified in the employment contract itself. Usually for a manager the deadline is

E If the last day of the term falls on a non-working day, then during the day

The end of the period is considered to be the next working day following it

(Article 14 of the Labor Code). Isn't it possible to simply extend the employment contract?

for example, for another year?

Expert opinion:

Part 2 Art. 59 of the Labor Code provides for the possibility, by agreement of the parties, to conclude fixed-term employment contracts with the heads of organizations, regardless of their organizational, legal forms and forms of ownership. At the same time, the validity period of such an employment contract, in accordance with Part 1 of Art. 275 of the Labor Code of the Russian Federation, is determined by the constituent documents of the organization or by agreement of the parties. That is, a fixed-term employment contract with a manager is possible only in cases where this is reflected in the constituent documents (charter, etc.), or if the initiative comes from the employee.

Labor legislation does not provide for the possibility of concluding additional agreements or issuing orders that would extend the validity of the employment contract with the head of the organization (as provided, for example, Part 2 of Article 261 of the Labor Code of the Russian Federation at the end of a fixed-term employment contract during the pregnancy of the employee).

Therefore, the employment relationship with the head of the organization must be terminated each time the employment contract expires, even if the manager’s powers are expected to be extended for a new period.

One of the discussion participants correctly noted that the expiration of an employment contract and the definition of its end by a specific date are different from each other.

According to labor legislation, the end of an employment contract can be determined both by expiration of the term (the maximum term of an employment contract established by Part 1 of Article 58 of the Labor Code is five years), and by a specific date in some cases (which may include the termination of a fixed-term employment contract). agreement with the manager); Changing or moving this date is not permitted.

In accordance with Part 2 of Art. 14 of the Labor Code of the Russian Federation, the period with which the law connects the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the labor relationship. That is, in the example given, there will no longer be an employment relationship with the employee; therefore, an employee must be fired strictly on March 31st.

In accordance with Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when he did not actually work, but his place of work (position) was retained.

On the last day of work, the employer is obliged to issue the employee a work book and other documents related to work, upon the employee’s written application, and make a final settlement with him (Part 4 of the same article).

The procedure for terminating an employment contract established by labor legislation does not provide for the possibility of paying all amounts due to the dismissed employee before the day of termination of the employment contract, nor, in general, to carry out the dismissal procedure before the day of dismissal. Performing these actions by the employer later than the day of dismissal will be legal only if on the day of termination of the employment contract it is impossible to do this due to the absence of the employee: according to Art. 84.1 of the Labor Code of the Russian Federation, these are cases when the day of dismissal is not the last day of work, but the day of the period during which the employee retained his place of work (for example, the last day of vacation if it was granted with subsequent dismissal).

Often the working hours of employees and management do not coincide. For this reason, a person’s last working day may fall on a weekend. It also happens that according to a person’s schedule, a day of rest falls at the time of termination of the agreement. Dismissal under a fixed-term employment contract on a day off is not permitted by the legislator. Therefore, to answer the question regarding when to fire an employee, you need to turn to the Labor Code of the Russian Federation.

Procedure

The process of terminating employment relations is being implemented in a simplified format. This provides that the management of the enterprise issues an act regarding the termination of the agreement. Some difficulties may also arise. They are associated with the fact that the initiative to terminate the contract is taken by the employee, employers, or there is an agreement between the parties.

On the day the contract expires, an order is issued indicating the end of the person’s labor activity. Each party has the right to express its desire to terminate the agreement earlier than the deadline. The employer also has the authority to send notice of the expiration of the document. The dismissal procedure is carried out in accordance with labor legislation.

At the request of the employee

The Labor Code indicates the possibility of terminating an agreement at the employee’s will, and the type of employment agreement does not matter. When the agreement was concluded for the purpose of performing seasonal work or the validity period is less than two months, the employee must notify the company of his desire to resign.

Notification is sent in writing. The deadline is set by the legislator - three days before the termination of the relationship occurs. The grounds for termination of employment may be the lack of opportunity to continue working. For example, this happens when enrolling in university, retirement, etc. In the listed situations, the contract is terminated within the period reflected by the person in the application.

On a weekend

When the day of dismissal falls on a weekend, there is usually no serious problem associated with this. When terminating an employment relationship under a fixed-term agreement, it is required to notify the employer three days in advance. Therefore, it is possible to calculate in advance what day of the week the dismissal falls on.

It is important to know! If none of the parties expresses a desire to terminate the relationship, then the contract expires automatically. Therefore, a situation may arise that the day of termination of the agreement period falls on a weekend.

The question is resolved this way:

the day of dismissal is considered to be the day preceding the onset of the day off;
the day following the weekend.

In practice, controversial situations may arise related to the termination of relations with certain categories of workers. For example, a pregnant woman is considered such. If an employer violates her rights, she can go to court to protect them.

Recording in labor

Similar to an ordinary employment agreement, when terminating a fixed-term one, an entry must be made in the work book. After the contract period expires, a corresponding entry must be made in the specified document. It should be noted that when applying for employment, it is not necessary to indicate the temporary nature of the duties.

If the contract is terminated, the employer is obliged to indicate that the basis was the expiration of the validity period of the act. The exception is the presence of other grounds for dismissal. In a situation where the validity period has expired, but the person continues to work, the agreement takes on the character of an unlimited term. After this, the provisions of labor legislation apply to him.

Notification

An important component of the procedure for terminating an employment relationship is the preparation of a notice. This is reflected in labor legislation. If such provisions are not met, there is an opportunity to appeal. The notification includes information regarding the employee’s details and the position he occupies; each notification has its own number and date.

Also included are information regarding the agreement that was concluded with the employee, the day on which it expired and the person was fired. The employer signs the document and sets the date of preparation.

At the end of the agreement, a certain sequence of actions is established. Initially, the employee must be notified that the fixed-term contract is expiring. It does not matter that such a deadline falls on a weekend. Then an order is issued reflecting the termination of the employment relationship.

The employee reads the order and signs. Otherwise, it is considered that the person is not familiar with the document. If the day of dismissal falls on a weekend, the employer must pay the employee the day before or immediately after the weekend. Also, on the day of payment, a person is given a work book.

Sick leave

The employer must keep in mind that the validity of the agreement is not dependent on third-party situations. Therefore, when an employee is on sick leave, the company’s management sends him a notice that the contract is coming to an end. It is important to ensure that the employee signs receipt of the document. Otherwise, it will not be possible to prove the fact of delivery. After this, the process starts as usual.

Companies are now increasingly using fixed-term contracts. Due to the fact that the drawing up of such a document and its termination has many nuances, the legislator has made attempts to take into account the interests of both parties to the agreement. Before you start drawing up a contract, you need to understand the intricacies of the procedure for terminating an employment relationship under such a document.