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Regarding the dismissal of temporary employee in the absence of permanent one

29.04.2019

The Ministry of Labour and Social Protection of the Russian Federation in a letter clarified cases in which it is necessary to dismiss a temporary employee hired at a time when there was the absence of a permanent employee.

So, according to the position of the Ministry of Labour, this aspect depends on how the condition of term is expressed in the employment agreement.

• In the event the employment agreement stipulates that it was signed for a specific period of time with an indication of a specific  date, it is subject to subsequent termination in connection with the expiration of the specified date
• In the event the employment agreement specifies the condition that it was concluded for the period of leave of a permanent employee, it is subject to termination the day after the employee returns from his/her assigned leave.
• In the event there was no specific reason for the absence of the permanent employee written in the employment agreement, as well as no specific date of termination, the employment agreement is valid until the return of the permanent employee.


The Ministry of Labour and Social Protection also noted that the expiration of the employment contract is interpreted as an independent basis for the termination of the employment contract, therefore, when an employee is terminated on this basis, the employer is not obliged to follow the rules established for dismissal cases at the initiative of the employer. This means that, for example, an employee may be dismissed during a period of temporary disability or while on vacation.

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