How to dismiss after the expiration of the employment contract
First you need to decide that the reception of an employee under a fixed-term employment contract was executed on a legal basis. This can only be done under certain conditions. Thus, temporary admission is possible for replacing an employee who is temporarily absent, for performing seasonal work, for formalizing employment relations with a pensioner, etc. Article 79 of the Labor Code of the Russian Federation contains a full list of cases when admission is permitted under a fixed-term contract.
If the employer thus wanted to protect himself from the wrong decision when choosing a candidate, it is illegal. For a vacant position in the staffing of the enterprise, it is possible to receive only for an indefinite period. If there are doubts about the correctness of the choice of the candidate, there is an opportunity to accept him with a probation period.
Wrongful admission under a fixed-term employment contract may be appealed in court.
When the term of the employment contract comes to an end, the employer must notify the employee of the impending dismissal 3 days before the date of the dismissal. In the notification, the employee must sign and date the review. This is a prerequisite for all urgent work. The exception is work for the period of absence of the main employee. In this case, the last day of work will be the day when the main employee comes to 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 the work. However, the employer's obligation to notify for 3 days remains in force.
On the day of the employee’s dismissal, he must be familiarized with the order, make a full calculation and issue a workbook with a record of dismissal under clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation.
In addition, a fixed-term employment contract may be extended by agreement of the parties. About this is made addition to the employment contract. If none of the parties expressed a desire to terminate a fixed-term employment contract, it is considered to be concluded for an indefinite period. In this case, the dismissal of an employee is possible only on a general basis.