Dismissal upon expiration of the contract in Belarus
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- What are the advantages?
- Which contract can be terminated?
- Is it always possible?
- What day does the deadline expire on?
- Does expiration automatically terminate the contract?
- Do I need to warn of termination?
- And if a month is missed?
- Termination warning
- Registration of the order
- Final settlement
- If the employee is on the military register
Dismissal due to the expiration of the employment contract or contract concluded with the employee (clause 2 of part 2 of article 35 of the Labor Code) along with dismissal by agreement of the parties (clause 1 of part 2 of article 35 of the Labor Code) is one of the most common and simple reasons for dismissal.
What are the advantages?
- the employer does not need to pay any severance pay to the employee in connection with the dismissal (however, if the payment of severance pay in case of dismissal by agreement of the parties is provided for by an employment or collective agreement, contract, or other LNLA of the employer, then the employer will still have to make such a payment).
- it is not necessary to notify the employment service, the trade union about dismissal under paragraph 1 of part 2 of Art. 35TK.
- minimum formalities for documenting the dismissal.
What contract can be terminated under clause 2, part 2, article 35 of the Labor Code?
On this basis, only a fixed-term employment contract can be terminated, because it is such a contract that is concluded for a specific period.
Thus, according to clause 2 of part 2 of article 35 of the Labor Code, the following types of employment contracts can be terminated:
- fixed-term employment contract;
- labor contract (is a type of fixed-term labor contract);
- an employment contract concluded for the duration of a certain job;
- an employment contract concluded for the duration of the performance of the duties of a temporarily absent employee, for which the place of work is retained;
- an employment contract concluded for the duration of seasonal work.
Is it always possible to terminate an employment contract due to the expiration of its term?
No, there are cases when the employer is obliged to extend the term of the contract with individuals (or conclude a new one):
- with a working woman on maternity leave, a mother (father of a child instead of a mother, guardian) on parental leave until the child reaches the age of 3 years - at least until the end of the said leave;
- with an employee of pre-retirement age (women - 53 years old, men - 58 years old), who works conscientiously and does not allow violations of labor and performance discipline, - at least until the generally established retirement age (women - 55 years old, men - 60 years old) and receiving they are entitled to an old-age pension;
- with the consent of the mother (father of the child instead of the mother, guardian), who started work before or after the end of parental leave until the child reaches the age of 3 years, is obliged to extend (conclude a new) contract for a period of at least until the child reaches the age of 5 years ;
- with a pregnant woman, with her consent, extends for the period of pregnancy or another period by agreement of the parties.
On what day does the term of a fixed-term employment contract (contract) expire?
- Fixed-term employment contract (contract) - on the last day of its validity (regardless of whether this day is a work day or a day off).
For example, an employee has the last day of the contract on May 28, 2016 (Saturday). But the employer is obliged to give the employee a work book and make the final payment with him on the last working day, i.e. on Friday May 27, 2016. In the order of dismissal and work book, the date of dismissal of the employee is indicated on May 28, 2016 (Saturday), but the order itself and the entry in the work book will be dated May 27, 2016 (Friday).
- An employment contract concluded for the duration of a specific job - on the day the job is completed.
- An employment contract concluded for the duration of the performance of the duties of a temporarily absent employee, for which the place of work is retained - on the day preceding the departure of the main employee to work.
- An employment contract concluded for the duration of seasonal work - on the last day of the season.
Does expiration automatically terminate the contract?
No, the expiration of the employment contract (contract) does not in itself terminate the contract. Moreover, after the expiration of the term, the parties can actually continue the employment relationship. In this case (as well as in the case when none of the parties requires the termination of this employment agreement or contract upon expiration of the term of the agreement or contract), the employment contract will be continued, but already for an indefinite period (i.e., the fixed-term employment contract will cease to be urgent).
Therefore, in order to terminate an employment relationship, it is necessary, in addition to the expiration of the term of the fixed-term employment contract (contract), at least the desire of one of the parties to terminate the employment relationship. This desire materializes in the form of a demand to terminate the agreement (contract).
Do I need to pre-warn about the termination of a fixed-term employment contract (contract) due to the expiration of its term?
Compliance with this formality is mandatory only if you terminate the labor contract under clause 2, part 2, article 35 of the Labor Code. This requirement does not apply to other fixed-term employment contracts.
Each of the parties to the employment contract, no later than 1 month before the expiration of its validity period, is obliged to notify the other party in writing about the decision to continue or terminate the employment relationship. In the case of the employer, such a warning is drawn up in writing, presented to the employee for review, the employee affixes his signature and the date of review on the specified document.
What if a month's deadline has been missed to warn the employee about the termination of the contract?
The issue of meeting the deadline for warning the employee is important in practice. But if the employer, for some reason, forgot and did not warn the employee about the desire to terminate the contract within a month, then there is nothing really terrible about that. The main thing is that such a warning is still sent to the employee, albeit in violation of the established deadline, because if the deadline is missed, but the employee is warned, the employee's dismissal will be carried out in violation of labor legislation (for this, a fine of up to 20 b.v.), but such a violation does not provide grounds for the employee's reinstatement at work.
In general terms, the process of dismissal under paragraph 2 of Part 2 of Art. 35 TC can be represented as follows:
- warning by the employer / employee of the employee / employer about the termination of the employment relationship due to the expiration of the employment contract (mandatory in the case of termination of the employment contract, not necessarily in the event of termination of another fixed-term employment contract);
- documentary registration by the employer of the employee's dismissal;
- final settlement with the employee, issuing him a work book.
Let's consider each stage in more detail.
Stage 1. Warning about termination of employment due to the expiration of a fixed-term employment contract (contract)
Mandatory only for employment contracts, but in practice can be used for other fixed-term employment contracts.
The initiative to terminate an employment contract (contract) can come from both the employer (most often) and the employee.
It is important to understand that in the event of termination of an employment contract under clause 2 of part 2 of article 35 of the Labor Code, such a warning must be sent to the other party no later than 1 month before the expiration of the contract.
a) dismissal at the initiative of the employer
- Step 1. The employer gives (directs) the employee written warning about dismissal due to the expiration of the contract.
- Step 2. The employee affixes his signature on the warning, a record of familiarization with the warning and the date of familiarization.
- Step 3. If the employee refused to sign the employer's notice of dismissal, in this case, the employer reads out the content of the notice to the employee orally and draws up an appropriate employee refusal to sign act employer warnings (the act is additionally signed by witnesses of such a refusal of the employee).
b) dismissal at the initiative of the employee
- Step 1. The employee submits to the employer employee's letter of dismissal due to the expiration of the contract.
Stage 2. Registration of the order, filling out the employee's personal file
- Step 4. The employer publishes expiration order validity of a fixed-term employment agreement (contract). Separately, we have forms: termination order и dismissal order upon leaving the main employee.
- Step 5. The employer acquaints the employee with the order against signature.
- Step 6. The employer enters into the employee's work book dismissal note.
- Step 7. The employer introduces the employee to the dismissal record in the work book (done if the company maintains personal card on the employee and in the card there is a column for such familiarization).
- Step 8. The employer attaches a copy of the dismissal order to the employee's personal file, the personal file is transferred to the archive.
Stage 3. Final settlement with the employee, issuing him a work book.
- Step 9. The employer, no later than the day of dismissal, makes settlements with the employee (pays the employee salary, compensation for unused vacation).
- Step 10. The employer gives the employee a work book on the day of dismissal.
- Step 11. The employee signs for the receipt of the work book in the book for registering the movement of work books and inserts to them. Also issued bypass sheet.
Stage 4. If the employee is on the military register.
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