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A fixed-term contract with a replacement employee is terminated on the day the main one leaves

A fixed-term contract with a replacement employee is terminated on the day the main one leaves
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A fixed-term employment contract with an employee who has been hired to replace an absent employee is terminated immediately on the day of his departure. The employer is obliged to issue a dismissal and pay all amounts due on the same date, without exceptions for days off from the HR department or accounting department.

The norm is fixed in Part 3 of Article 79 of the Labor Code: a contract concluded for the duration of the duties of an absent employee is terminated upon his departure to work. Online inspection portal.The Russian Federation has confirmed that this date is the only acceptable date for the completion of the dismissal and the final settlement.

It is not necessary to warn a substitute employee about dismissal three calendar days in advance. Part 1 of Article 79 of the Labor Code explicitly establishes an exception for contracts concluded during the performance of duties of an absent employee: the three-day notice period does not apply to such cases.

For companies that actively use temporary staff, including when replacing employees traveling abroad or on long vacations, the rule has direct operational consequences. If the main employee returns on a day that is non-working for the HR department or accounting department, the employer is still required to make the calculation on that date. The law does not provide for postponement to the next working day.

Violation of the dismissal procedure and payment deadlines entails administrative liability under Article 5.27 of the Administrative Code, and delayed payments result in interest accrual under Article 236 of the Labor Code for each day of delay. For companies with high rotation of temporary staff, this means the need to keep track of the return dates of key employees in advance and ensure that the accounting department is ready for calculations, regardless of the department's internal work schedule.

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