In what cases does the employment contract expire: grounds and requirements

Dismissal of an employee implies termination of the employment contract. This means that the employment relationship ends between the parties to the contract. The Labor Code stipulates several grounds for termination of the contract. Let us consider in more detail in which cases the validity of an employment contract is terminated.

Grounds

The Labor Code governs several aspects in which an employment contract can be canceled.

Among others, there are general grounds for terminating an employment contract:

1. Agreement of the parties.
2. End of contract period.
3. Employee transfer.
4. Refusal of an employee to perform duties under the new owner.
5. Employee initiative.
6. Leader's initiative.
7. Refusal of an employee to work under new conditions.
8. Disagreement on the transfer.
9. A case independent of the will of the parties.
10. Violation of the terms of the contract.

An employment agreement can be terminated on other grounds, if they are provided for by law.

Employee initiative

The termination of the employment contract in connection with the desire of the employee may be due to the following points:

• Refusal to perform duties at will (in this case, the employee leaves the workplace in accordance with Article 80 of the Labor Code of the Russian Federation, having submitted an application to terminate the performance of labor duties in two weeks).
• Refusal to fulfill labor obligations due to medical indications (the employee must submit a medical certificate, here he is either transferred to another position or he quits completely).

Leader Initiative

When and in what cases does the contract terminate at the initiative of the employer? The legislation regulates the following cases:

• Negative result of the passage of the probationary period: when applying for a job, the conditions for passing the test must be agreed with the employee, as well as the grounds under which the contract can be terminated at this stage.
• Change in material conditions: these include a change in the place of work, a change of position, a change in the conditions of insurance, a change in the conditions of remuneration of labor, etc.
• End of the agreement period: the manager must notify the employee of the dismissal three days before the expiration of the contract.

Agreement of the parties

In some cases, the dismissal of an employee entails the termination of the employment contract by agreement of the parties, as this is considered the best way out of a possible situation. The initiator of such an action can be both an employee and a leader. The agreement is terminated by mutual agreement, which is regulated by Art. 78 of the Labor Code of the Russian Federation.

Dismissal by agreement of the parties should be formalized when drawing up some list of conditions. In addition, such a measure should be aimed at canceling the existing conflict between the parties.

For example, not every employee will want to quit if the grounds for termination of the employment contract by the employer are contrived or in this way you just need to replace the candidate for the position. The agreement of the parties helps to come to a common compromise.

Non-Party Circumstances

Sometimes circumstances happen that do not depend on the will of the parties. In what cases does the employment contract expire:

1. The employee goes to military service.
2. The court ruling, according to which the employee who served in the military, must be taken to the previous place of work.
3. Negative election result.
4. A court decision in which an employee must serve a sentence.
5. Submission of a medical certificate, which indicates the employee's incapacity for work.
6. The death of the employee and a document confirming that the citizen was missing.
7. Unforeseen situations or incidents.

Important points

Next, we consider in what cases the validity of an employment contract is terminated with persons who belong to socially protected layers:

1. Women in position. According to legislative norms, women expecting a child cannot be fired, which is justified by Art. 261 of the Labor Code of the Russian Federation. But there are cases when the provision does not affect the termination of the contract. These include fixed-term contracts and the hiring of a temporarily absent employee, the liquidation of an organization or the termination of IP activities.
2. Persons under the age of majority. The termination of the contract in this case is possible only with the consent of the specialized bodies for minors. The regulation of such actions is described in Art. 269 ​​of the Labor Code of the Russian Federation and does not have a distribution upon termination of the company.
3. Persons with family obligations. In this case, reservations are not provided. The law prohibits the dismissal of women who raise children under 3 years old, as well as single mothers with children under 14 years of age. In addition, one cannot deprive the work of people raising disabled children without mothers.
4. Persons in a union. Dismissal of union members is provided for in Art. 373 of the Labor Code of the Russian Federation and is carried out within the framework of the trade union body.
5. Foreigners. You can terminate the employment contract with foreigners only upon termination of the validity period of the residence permit, insurance, as well as for other reasons specified in Art. 326 of the Labor Code of the Russian Federation.

Registration

It was previously considered that an employment contract may be terminated in the event of an initiative of one of the parties or a general agreement, as well as due to situations that are not dependent on circumstances.

Now we indicate how the termination of the contract is documented. Firstly, if an employee quits at will, he must write a statement two weeks before the scheduled day. The document is written in the name of the head and it should indicate the reason why the contract is terminated.

Secondly, if the dismissal occurs on the initiative of the head, then a notification should be given from him, where he informs about the upcoming termination of the contract. A similar document is sent in three days.

Further, regardless of which party announced the dismissal and what are the grounds for terminating the employment contract, a dismissal order must be drawn up. This document is an official confirmation that the citizen no longer works in the organization. The order should reflect:

• Date of the last business day
• reasons for dismissal that do not contradict the legislative norms with reference to the Labor Code;
• circumstances that served to dismiss the employee (for example, the commission of unlawful acts).

If the dismissal occurs by agreement, then you need to draw up a similar document that takes into account all the nuances of terminating the contract.

The employee must be familiarized with the order for signature.

Dates and Payments

In what cases the validity of an employment contract is terminated, we have found out, now we will consider the time frames in which employees or managers should warn each other about the upcoming dismissal. Everything will depend on the period for which the contract is concluded:

• perpetual contract: the employee must write a statement two weeks before the end of work;
• fixed-term contract for two months, seasonal work: the manager must notify the employee three days in advance;
• probationary period: employee notification must occur no later than three days;
• agreement with the head: notification of the person holding a managerial position must occur no later than 30 days;
• contract with a trainer (athlete): a notification is sent for a month if the contract is not drawn up for four months.

Payments and compensations to those employees with whom the employment contract is canceled is regulated by ch. 27 of the Labor Code of the Russian Federation. The amount of payments depends on the basis of dismissal:

1. Liquidation of the organization, reduction of the staff: employees are paid money in the amount of monthly earnings for two months.
2. Refusal of an employee to transfer to another position, conscription, reinstatement of a temporarily absent employee, refusal of an employee to move to another locality, recognition of an employee as legally incompetent, refusal of an employee to accept new contract terms: two-week average earnings are set for payment.