How to dismiss after the expiration of the employment contract
First it is necessary to determine the fact that the reception of an employee under a fixed-term employment contract was carried out legally. This can only be done under certain conditions. So, a temporary reception is possible to replace a temporarily absent employee, to perform seasonal work, to formalize the employment relationship with a pensioner, etc. A complete list of cases where admission is permitted under a fixed-term contract contains article 79 of the Labor Code of the Russian Federation.
If the employer thus wanted to protect himself from the wrong decision when choosing a candidate, it is illegal. For a vacant position, which is available in the staff list of the enterprise, reception is possible only for an indefinite period. If there are doubts about the correctness of the candidate's choice, there is an opportunity to accept it with a probationary period.
Illegal reception under a fixed-term employment contract can be appealed in court.
When the term of the employment contract comes to an end, the employer must notify the employee of the forthcoming dismissal 3 days before the date of dismissal. In the notification, the employee must sign and put the date of inspection. This is a mandatory condition for all urgent work. The exception is work for the period of absence of the main worker. In this case, the last day of work will be the day when the main employee leaves for work.
If the work under the contract, concluded for a period of up to 2 months, is completed earlier, the contract is terminated on the day of completion of work. However, the employer's obligation to warn 3 days in advance remains in force.
On the day of the termination of the employee, he must be acquainted with the order, make a full calculation and issue a work record with a record of dismissal under clause 2 of part 1 of Article 77 of the LC RF.
In addition, a fixed-term employment contract can be extended by agreement of the parties. This is complemented by an employment contract. If neither party expresses a desire to terminate a fixed-term employment contract, it is considered concluded for an indefinite period. In this case, the dismissal of an employee is possible only on general grounds.