Official text:

Article 79. Termination of a fixed-term employment contract

Urgent employment contract terminates upon expiration of its validity period. The employee must be notified in writing about the termination of the employment contract due to its expiration at least three times in advance. calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of certain work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Lawyer's comment:

A fixed-term employment contract is terminated upon the expiration of its validity period, of which the employee is warned by the employer at least three calendar days before dismissal, in contrast to the previous wording of the article. A warning about termination of a fixed-term employment contract must be given in writing. The legislator establishes a general mandatory rule for the employer to warn the employee about the upcoming termination of the employment contract. If there is no written warning from the employer and the employee continues to work, then the employment contract is considered concluded for an indefinite period (). The employment relationship actually continues, but if in the future the parties consider it inappropriate to continue the employment contract, then it can be terminated, but not under Article 79 of the Labor Code.

Dismissal of an employee upon expiration of the contract concluded for the duration of the duties of the absent employee does not require such notice. Parts 2-4 of Article 79 specify the moment of expiration of a fixed-term employment contract. An employment contract concluded for the duration of certain work is terminated upon completion of this work. The legislator links the termination of an employment contract not with its expiration date, but with the deadline for performing specific assigned work (for example, drawing up an accounting report). The fact of dismissal of the employee in this case will be the date on which the work is considered completed (completed).

Part 3 of Article 79 provides that an employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work. It must be borne in mind that such an agreement may have a specific period: say, four months or a year and a half, and in the event of an absent employee returning to work early, such an agreement is terminated.

An employment contract concluded for the duration of seasonal work is terminated after a certain period. The reason for dismissal of an employee will be the end of the season. The list of seasonal work, including individual seasonal work, the implementation of which is possible during a certain period (season) exceeding six months, and the maximum duration of these individual seasonal work are determined by industry (inter-industry) agreements concluded at the federal level of social partnership.

Current labor legislation establishes additional guarantees upon termination of a fixed-term employment contract, for example for pregnant women. In particular, in the event of expiration of a fixed-term employment contract during the pregnancy of a working woman, the employer is obliged, upon her application and upon provision of a medical certificate, to extend the term of the employment contract until the end of pregnancy. In this case, a pregnant woman is obliged, at the request of the employer (but not more often than once every three months), to provide a certificate confirming the state of pregnancy. However, if a woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day the employer learned or should have learned about the end of the pregnancy.

If it is established during the trial that the fact of multiple conclusions of fixed-term employment contracts for a short period of time to perform the same labor function the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (clause 14 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice—the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for an outside view.

It is also possible that these hypotheses can be combined in one proportion or another.

Lawyer's answer:

According to Art. 79 of the Labor Code of the Russian Federation, termination of fixed-term employment contracts issued for the period of absence of key workers occurs at the moment of their return to work. No consent of the “temporary worker” is required for this. In accordance with Art. 254 of the Labor Code of the Russian Federation, main employees have the right to work during their period of maternity leave, both part-time and remotely, while maintaining their rights to receive benefits.

Question

Lawyer's answer:

IN judicial procedure(based on Article 392 of the Labor Code of the Russian Federation) contracts can be recognized as unlimited if the employer fails to prove the need to conclude fixed-term contracts for a 6 month period.

Question

Lawyer's answer:

In accordance with Art. 81 of the Labor Code of the Russian Federation, employers are not allowed to initiate dismissals of employees during illnesses (temporary disability). However, if there were fixed-term employment contracts, then dismissal is carried out. In this situation, dismissal occurs due to the expiration of the contract (Part 1 of Article 79 of the Labor Code of the Russian Federation), and not based on the wishes of the employer. Sick leave in this case, it must be paid in full, which is regulated by the Federal Law of December 29, 2006 N 255-FZ. In accordance with this legislative act, payment of temporary disability benefits is carried out in all cases if the illness occurred during the period from the moment of conclusion of the contract until the moment of its termination, as well as within a month after termination of the contract.

Question

Lawyer's answer:

According to Art. 59 of the Labor Code of the Russian Federation, the conclusion of a fixed-term employment contract may be due to the need:

• replacing an absent employee whose job is retained;
• performing seasonal work;
• performing temporary (up to 2 months) work;
• sending an employee to work abroad;
• carrying out operations that go beyond the scope of standard activities in a particular organization;
• performing work associated with temporary (up to 12 months) expansion of production;
• performing certain (final) work;
• performing work related to vocational training employee;
• performance of duties in an elective paid position.

By agreement of the parties, fixed-term employment contracts may be concluded with the following categories of citizens:

• applying for work in small businesses;
• persons who, according to medical reports Only temporary work is permitted;
• old age pensioners;
• persons entering work at enterprises located in the Far North;
• persons arriving to perform urgent work to prevent emergencies, disasters, accidents, etc.;
• persons performing duties in an elective paid position;
• creative workers;
• managers, their deputies, as well as chief accountants of companies;
• ship crew members;
• full-time students;
• working part-time.

According to Art. 79 of the Labor Code of the Russian Federation, fixed-term employment contracts are terminated due to the expiration of their validity period. In this case, information about termination must be sent to the employee in writing no less than 3 days before dismissal. Employment contracts drawn up for the period of specific work are terminated after completion of this work. Employment contracts concluded for the period of replacement of absent employees are terminated when these employees return to work.

Question

Lawyer's answer:

The total amount of payments in connection with the liquidation of the company consists of payments stipulated by Art. 178 Labor Code of the Russian Federation and Art. 318 Labor Code of the Russian Federation. In particular, we are talking about: average monthly earnings; average monthly earnings for the duration of employment (no more than 2 months from the date of dismissal (including severance pay amounts)). For employees of organizations of the Far North - no more than 3 months; average monthly earnings during the 3rd month from the date of dismissal. For employees of organizations in the Far North - within 3 months (these payments are made by decision of the employment service). Payment of all listed amounts is carried out on the day of dismissal of the employee.

Question

Lawyer's answer:

According to Art. 261 of the Labor Code of the Russian Federation, upon termination of a fixed-term employment contract during the pregnancy of an employee, the employer must, on the basis of her written application and medical certificate, extend the period of validity of the contract until the end of the pregnancy. It should be noted that the dismissal of an employee due to the expiration of the contract during pregnancy is permissible if the contract was drawn up for the period of replacement of the absent employee and there is no possibility of transfer to vacant position. At the same time, the employer is obliged to offer such an employee any vacancies in the given area that correspond to the woman’s qualifications, the work for which the woman can perform taking into account her state of health.

If the employer terminates the employment contract in violation of Art. 261 of the Labor Code of the Russian Federation, you must file a complaint with labor inspection, prosecutor's office or court.

Question

Lawyer's answer:

In the event of pregnancy of a temporary employee, the employer has the obligation to ensure the extension of the fixed-term employment contract (according to his personal written application). At the same time, on the basis of Art. 261 of the Labor Code of the Russian Federation, an appropriate medical document confirming the fact of pregnancy must be attached to the application. Of course, the rights to receive maternity benefits will be preserved.

Question

Lawyer's answer:

On the one hand, in accordance with Part 3 of Art. 79 of the Labor Code of the Russian Federation, the validity of an employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns from vacation. Those. as soon as the main employee returned to work, you should have been fired.
On the other hand, part 4 of Art. 58 of the Labor Code of the Russian Federation provides for the possibility of transforming a fixed-term employment contract into an open-ended one, which is possible in the case when neither party requested termination of the fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of this period.
Since it is unclear: on what basis do you continue to be on the staff of the company, in what position are you listed (since two staff positions for the position of operator are occupied by key employees), on what basis you do not perform job responsibilities(what have you applied for now? b/l or vacation at your own expense) - it is not possible to answer your question correctly.
Try contacting the management to clarify the issue regarding you.
IN controversial situations, if you do not agree with the employer’s position, contact the labor inspectorate.

1. Article 79 of the Labor Code of the Russian Federation states that the expiration of the term of an employment contract, if a fixed-term employment contract was concluded lawfully, is the basis for its termination (for the conditions for concluding a fixed-term employment contract, see the commentary to Articles 58, 59). The initiative to terminate the employment relationship due to the expiration of the employment contract can come from both the employer and the employee.

An employer who decides to terminate an employment contract with an employee due to the expiration of its term is obliged to notify the employee about this in writing at least 3 calendar days in advance. The employee does not have the right to insist on the continuation of the employment relationship if the employer has decided to terminate the employment contract due to its expiration. However, in cases where the term of the employment contract has expired, but neither party has demanded its termination, and the employee continues to work after the expiration of the established period, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period. Its subsequent termination is possible only on a general basis (see commentary to Article 58).

In the practice of applying Part 1 of Art. 79 of the Labor Code of the Russian Federation, the question arose whether the dismissal of an employee due to the expiration of the employment contract would be legal if the employer warned the employee about the termination of the employment contract with him less than 3 calendar days before its expiration (for example, 1 day). There are different positions on this issue, in particular, the opinion has been expressed that violation by the employer of the specified warning period entails the impossibility of terminating the employment contract on the basis of Article 79 of the Labor Code of the Russian Federation. For our part, we believe that when answering this question it is necessary to proceed from the provisions of Part 4 of Art. 58 of the Labor Code, according to which a fixed-term employment contract is considered concluded for an indefinite period if neither party has demanded termination of the fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract.

As follows from the content of the above norm, the employer loses the right to terminate a fixed-term employment contract with an employee based on the expiration of its term only if he has not expressed his desire to terminate labor Relations with the employee before the expiration of the employment contract, and the employee continues to work after the expiration of the contract. If such a desire in the form of a written warning was expressed by the employer, albeit less than 3 calendar days, but before the expiration of the employment contract, and the dismissal order was issued no later than the last day of work in accordance with the employment contract, the dismissal may be considered lawful. This conclusion is also due to the fact that a fixed-term employment contract, like general rule, consists in cases where, based on the nature of the work and the conditions of its implementation, it is impossible to conclude an employment contract for an indefinite period (Part 2 of Article 58 of the Labor Code).

It is no coincidence that in this regard, the Plenum of the Supreme Court of the Russian Federation, in paragraph 60 of the Resolution of March 17, 2004 No. 2, specifically drew the attention of the courts to the provisions of Art. 394 of the Labor Code, which provides that if an employee with whom a fixed-term employment contract was concluded was illegally dismissed from work before the expiration of the contract, the court reinstates the employee to his previous job, and if at the time the dispute is considered by the court, the term of the employment contract has already expired, it recognizes the dismissal illegal, changes the date of dismissal and the wording of the grounds for dismissal to dismissal upon expiration of the employment contract.

In other words, even if illegal dismissal the expiration of the employment contract does not provide grounds for reinstatement of the employee at work.

2. When concluding an employment contract for the duration of the duties of an absent employee, the day of its end (termination) will be the day the absent employee returns to work (see commentary to Article 59).

3. If the term of the employment contract is determined not by a period of time, but by the period of performance of a certain work, the basis for its termination will be the completion of this work. In this case, the employment contract is terminated from the date from which the work is considered completed (completed) (see commentary to Article 59). The fact of completion of the work is certified by an appropriate document, for example an acceptance certificate.

4. If an employment contract is concluded for the duration of seasonal work, the basis for its termination will be the end of the season (Article 79 of the Labor Code of the Russian Federation), determined in accordance with the list of seasonal work determined by industry (inter-industry) agreements concluded at the federal level of social partnership (see. comment to Art. 59).