Labor relations are becoming more diverse with the dynamic development of technology and constant changes in the IT sector. One of the crucial aspects worth discussing is dismissal upon expiration of the employment contract. This is a situation that any IT specialist can face, and understanding the process and nuances of this dismissal can significantly affect career and future opportunities. In this article, we will look at which employment contracts are urgent, how to properly prepare for the completion of an employment contract, what to pay attention to and what steps to take to minimize possible risks during dismissal.
What are the fixed-term employment contracts?
Fixed-term employment contracts are concluded with employees who are hired for a certain period or project work—before the completion of the project when it is impossible to determine the deadline for its completion in advance. Fixed-term employment contracts are concluded for no more than five years and include a contract. This is a type of fixed-term employment contract that is concluded for up to 5 years.
The employee’s employment record does not include information about the employment contract terms.
How to find out that you have a fixed-term employment contract
A fixed-term employment contract must contain a condition on the term of the employment contract. This may be a specific date or event after terminating the employment contract.
When is it necessary to conclude a fixed-term employment contract
In some cases, the employer is obliged to conclude a fixed-term employment contract with the employee, in particular:
- When a new employee is hired to replace a young specialist who has been called up for military service.
- When an employee is accepted during the absence of an employee on social leave to care for a child until the age of three (for the so-called “maternity leave”).
- When an employee is hired for a job that can only be done during a particular season.
Why IT is helpful for IT employees to know about the specifics of dismissal after the expiration of an employment contract
For IT employees, knowing about the termination procedure after the expiration of an employment contract has several vital meanings:
1. Career planning
Understanding the dismissal process allows you to prepare specifically for the end of an employment relationship. This will help avoid unexpected consequences and allow you to look for new opportunities in advance.
2. Financial security
Knowing your rights and obligations will help an IT employee approach financial issues more confidently, such as calculating severance pay and unused vacations.
3. Maintaining a professional reputation
A clear understanding of the dismissal process helps maintain a positive relationship with the employer, which may be helpful to receive recommendations or resume cooperation in the future.
4. Stress Management
Being fired can be an exciting and stressful event. IT employees who know the process and have a clear action plan can reduce stress and act more confidently.
5. Legal Awareness
Knowledge of labor legislation regarding dismissals helps to avoid possible legal problems and misunderstandings, which is extremely important for protecting one’s rights.
Thus, awareness of the termination process at the end of the employment contract is important for IT employees’ professional and personal confidence.
What are the features of dismissal when a fixed-term employment contract is concluded
Employees who work under an employment contract concluded for a certain period cannot resign independently.
Such employees can leave early only for good reasons; for this, you need to demand dismissal from the employer and prove that there are good reasons.
At the end of the employment contract’s term, each party may not extend the employment relationship without warning. Termination after the expiration of the contract and the term of another employment contract are slightly different.
Who initiates dismissal after the expiration of the employment contract?
In case of dismissal due to the expiration of a fixed-term employment contract, neither the employee nor the employer is required to be notified in advance. But in order to preserve the reputation of the employer and the employee, it would be logical to warn the employer about the dismissal with a statement and notify the employee about the dismissal. It is best to issue an employee’s application in writing or send it through the communication channels accepted by the company.
The specifics of dismissal after the expiration of the employment contract in the case of fulfilling the duties of an employee who is temporarily absent
When an employee is employed for the duration of a young specialist’s stay in military service, for the duration of the work of an employee who retains a workplace, the employment contract is terminated on the day that precedes the day this employee leaves for work.
In such a situation, the employee who retains the workplace warns the employer about going to work in advance, and the employer usually informs the temporary employee about the permanent employee’s exit in advance and prepares documents for dismissal. A letter of resignation is usually not required in this case.
Features of dismissal after the expiration of the employment contract, when the employee is employed for a specific time
When an employee is employed for the time specified in the employment contract (the end date is indicated in the employment contract), the employment relationship is terminated on the last day of the employment contract – on its end date.
Features of dismissal due to the expiration of the contract
Suppose an employee has a desire to quit after the expiration of the contract. In that case, it is necessary to notify the employer in writing one month before the end of the agreement, as early as possible, but not later.
An employer who does not want to continue an employment relationship with an employee with whom a contract has been concluded must do the same: notify the employee of his decision no later than one month in advance.
Notice of dismissal due to the expiration of the contract
A written warning issued by the employer must include the date when the employee read the warning and the employee’s signature on familiarization.
Suppose the employer missed the one-month notice period and does not want to continue the employment relationship with the employee. In that case, he still needs to be notified in writing about the dismissal due to the contract’s expiration. In this case, the employer risks receiving a fine of 2 to 20 basic units (from 80 to 800 Belarusian rubles), but the employee will not need to be hired again and will need to change the date of dismissal.
Will the employee receive severance pay in connection with the dismissal?
In Belarus, companies are not required to pay severance pay due to the expiration of an employment contract. However, the employer may provide for the payment of severance pay in the employment contract or in other local documents, such as the dismissal order. In this case, upon dismissal due to the expiration of the employment contract, the employee is paid severance pay in the amount determined by the employer.
How does the company process the dismissal of an employee due to the expiration of an employment contract?
When the term of the employment contract ends, the head of the company signs the dismissal order. The employee’s dismissal is the last day of his work in the company. The employee is introduced to the order under the signature on this day. The opportunity to quit remotely is more challenging to implement since the order requires the employee’s signature on familiarization. On the day of dismissal, the employee is paid:
- Wages for the time worked.
- Compensation for the days of unused work leave that fall on the time worked.
- Severance pay is if the company provides such a payment.
On the day of dismissal, the employee is given a work record with a record of dismissal. The work record can be sent by mail to the employee’s address.
What happens when the parties have not terminated the employment relationship after the expiration of the employment contract
To quit after the expiration of the employment contract, this period must end, and one of the parties must express a desire to terminate the employment relationship.
Suppose neither the employee nor the employer terminated the employment relationship at the end of the employment contract term. In that case, the employment relationship is considered to be continued indefinitely. This also applies to instances where an employee works under a contract.
In this case:
1. An employee cannot be dismissed after the expiration of an employment contract but can be rejected, for example, by agreement of the parties after registering an employment relationship.
2. It is required to conclude an employment contract for an indefinite period. Such an employment contract can be terminated, for example, by agreement of the parties or at the request of an employee, notifying the employer a month in advance.
How to contact us
For more information or advice on issues related to dismissal after the expiration of the employment contract, do not hesitate to contact us. We are here to help and support you.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
