When hiring an employee temporarily, it is better to enter into a fixed-term contract employment contract. Such a document indicates exactly the period for which a seasonal employee is needed. What should I write down in my work book? When can a seasonal worker go on vacation? And how does a temporary specialist get fired? Hints are in our article.
Situations when the need for a temporary worker arises may be different. Let’s say some work needs to be done, but there is no person with the proper qualifications on staff. Or, say, a specialist fell ill for a long time, an employee went on maternity leave. The solution is to hire a temporary worker. But what kind of agreement can be concluded?
There are two options: draw up a civil contract (for example, a contract) with a temporary employee or a fixed-term employment contract.
A contract is usually concluded when it is necessary to perform a strictly defined amount of work. And the hiring organization will be able to evaluate this volume and specifically describe it in the contract. However, there are certain risks associated with contracting agreements. Let us remind you that the organization does not pay insurance contributions to the Federal Social Insurance Fund of the Russian Federation for payments under civil law contracts (unlike employment contracts). Therefore, in the event of an audit, social insurance auditors will check contractual relationships with particular interest. And it is possible that officials will try to recognize them as workers in order to assess additional fees and fines.
If your company is “simplified”
A less risky option for a company is a fixed-term employment contract. It is especially suitable when the volume of work changes and is difficult to predict in advance. Including due to seasonality or holding some sales, promotions, when full-time employees sometimes it's not enough. The convenience is that in such an agreement you can specify exactly the period for which you need additional specialist. This type agreement and we will analyze it in more detail.
Important detail
A fixed-term employment contract is suitable when the volume of expected work is difficult to predict in advance.
What to remember when concluding a fixed-term employment contract
A complete list of situations when an employer can conclude fixed-term contract, is in Article 59 of the Labor Code of the Russian Federation. Among other things, this list includes the following cases:
- a temporary employee is hired to perform the duties of an absent full-time employee;
- the employee is needed to perform temporary work (up to two months) or seasonal;
- the employee is hired to work part-time by agreement of the parties.
It is important to specify a specific period of work in the contract. The exact date termination of a contract is rarely written; more often they refer to some event - depending on the reason for the need temporary worker. For example, if a person is hired to replace an employee raising a baby, the phrase in the contract can be formulated as follows: “This contract was concluded for the period of leave to care for a child under three years of age, accountant A.L. Kazakova.” At the same time, the absent employee, of course, retains her place of work.
A fixed-term employment contract will cease to be valid when the period specified in it expires. Or an event will occur to which such a period was attached.
The temporary worker must be notified in writing three days in advance that the contract is about to expire. calendar days before his dismissal. This is required by Article 79 of the Labor Code of the Russian Federation. But this can only be done if the contract specifies a specific contract period or date. If it is impossible to accurately determine the date when the temporary worker will be fired, there is no need to warn him in advance.
And if, at the end of the contract, none of the parties demanded to terminate the contract, and the involved specialist continues to work, then the fixed-term contract is automatically extended. In other words, it turns into an unlimited term (Article 58 of the Labor Code of the Russian Federation).
Now about the probationary period for temporary workers. Here you need to remember the following. If a fixed-term contract is concluded for a period of up to two months, the employer cannot impose a probationary period on the applicant at all. And if the contract period is from two to six months, you can check a person’s professional suitability only within two weeks. In other cases, when a person is hired for more than six months, the general rules apply: the probationary period can be specified in the contract within three months.
Under what conditions can a temporary worker work?
| Contract term | Up to six months inclusive (the list of seasonal work for which a longer period can be provided is established by industry agreements) | The contract is valid until the permanent employee starts work | The deadline ends as soon as the employee completes the work | By agreement of the parties to the contract |
| Possibility to extend the period | No | Yes, if neither party has demanded to terminate the relationship under the employment contract | ||
| Maximum working hours under the contract | Regardless of the reason for concluding a fixed-term employment contract - 40 hours per week | |||
| Maximum probation | Three months | If the contract term does not exceed two months, then no test is established. From two to six months - maximum two weeks. In other cases, the maximum probationary period is three months | ||
| Dismissal at the initiative of the employer during the probationary period | The employer can dismiss on his own initiative, without waiting for the end of the probationary period. In this case, you need to warn the employee writing three days in advance, indicating the reasons | |||
| Number of vacation days | Two working days per month | 28 calendar days per year | If the contract term does not exceed two months, then two working days per month. In other cases - 28 calendar days per year | |
| Early dismissal at the initiative of the employee | An employee may resign on his own initiative by giving three calendar days’ notice. | An employee can resign on his own initiative, giving two weeks' notice. If the dismissal occurs before the end of the probationary period, then three days before | If the contract period does not exceed two months, the employee must give three calendar days’ notice of early dismissal. If dismissal during probation is initiated by the employee, the period is the same. In other cases - two weeks | |
* If you need a person to carry out a one-time assignment, you can enter into a civil contract (for example, a contract) with such an applicant.
What to write in a work book
The fact of temporary work must be reflected in the employee’s work book. As in a normal situation, the basis will be the manager’s order to hire under a fixed-term employment contract. If they later decide to keep the conscript at work on a permanent basis, a note must also be made about the transfer. We have provided a sample of filling out an employment form for a temporary worker below.
Filling out a work book for a temporary worker
Is it possible to extend the contract period and how to do it?
Suppose a person works under a fixed-term employment contract concluded during the vacation of the main employee. And now the full-time employee is soon returning from vacation, and the employer needs the “conscript” to work for some more time. But not on a permanent basis, but again temporarily. How to arrange this?
Extend urgent labor Relations Can. To do this, it is necessary to conclude an additional agreement to the employment contract. Here are a couple of tips on how to do it better.
Carefully!
Rostrud does not object to companies extending fixed-term employment contracts. However, it is better to write in the agreement that the original term is modified rather than extended.
Advice one. In the agreement, indicate that the parties agreed to change the deadline, and not to extend it. The fact is that the law allows the extension of the period in such a situation only if the temporary employee becomes pregnant (Part 2 of Article 261 of the Labor Code of the Russian Federation). But Article 72 of the Labor Code of the Russian Federation allows you to change the terms of the employment contract. Therefore, it is best to use the wording “change of deadline”.
Tip two. Discuss with the employee all the conditions for changing the deadline no later than three days before its end. Then you will have time to notify the person about the expiration of the initial period if he suddenly does not agree to the terms offered to him. Otherwise, if the deadline is missed, the employee has the right to continue working on a permanent basis, and not on a temporary basis (Article 58 of the Labor Code of the Russian Federation).
The main thing to remember
1. Typically, a fixed-term employment contract is concluded if it is necessary to replace a temporarily absent main employee. And also during seasonal work or to complete a specific task.
2. It is important to notify the temporary worker that the contract is expiring. If this is not done, the contract becomes indefinite. That is, a person can continue to work on a permanent basis.
Svetlana Ampleeva, chief editor of the magazine “Glavbukh”
1. Article 59 of the Labor Code of the Russian Federation contains two parts, each of which provides different kinds work (cases) for the performance of which a fixed-term employment contract is concluded with the employee.
The lists of works (cases) provided for in both Part 1 and Part 2 are not exhaustive. Labor Code or other federal laws Other cases may also be envisaged when the conclusion of a fixed-term employment contract is either mandatory by law or permitted by agreement of the parties to the employment contract. Since the article deals with the Labor Code or other federal law, neither the law of a subject of the Russian Federation, nor the decree of the President of the Russian Federation, nor the resolution of the Government of the Russian Federation, nor any other by-law normative legal act can establish any additional reasons(cases) of concluding a fixed-term employment contract.
2. Cases (types of work) listed in Part 1 of Art. 59 Labor Code of the Russian Federation, correspond general criterion concluding a fixed-term employment contract, formulated in Part 2 of Art. 58 TK. That is, all the cases listed in it determine the urgent nature of the labor relationship.
Thus, the conclusion of a fixed-term employment contract in the cases listed in Part 1 of this article is determined by the very nature of the work or the conditions of its implementation, and is therefore mandatory.
Part 1 art. 59 of the Labor Code of the Russian Federation names 11 specific cases when a fixed-term employment contract is concluded with an employee:
- 1) for the duration of the duties of a temporarily absent employee. Such an employment contract is concluded when an absent employee, in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations, the employment contract preserves the place of work (for example, while the employee is on a long business trip, on parental leave). The term of the employment contract in this case depends on the time of the absent employee’s return to perform his labor (official) duties. Since the law speaks of the temporary absence of an employee whose place of work (position) is retained, a fixed-term employment contract cannot be concluded to perform the duties of a vacant position until another permanent employee is hired for this position;
- 3) with persons sent to work abroad. It does not matter to which organization abroad the employee is sent. These may be diplomatic missions and consular offices of the Russian Federation abroad, as well as representative offices of federal executive authorities and government agencies RF, commercial organizations, scientific and educational institutions and etc.;
- 8) in case of election for a certain period to an elected body or to an elective position for paid work. For example, for the position of rector of a state or municipal higher education institution educational institution, dean of a faculty or head of a department of a higher educational institution. According to Art. 12 of the Law on vocational education, Art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner established by the charter of the educational institution (see Article 17, 332 of the Labor Code);
- 11) with citizens sent to undergo an alternative civil service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens performing alternative civil service is established by Federal Law of July 25, 2002 N 113-FZ “On Alternative Civil Service” (SZ RF. 2002. N 30. Art. 3030) in accordance with the Constitution of the Russian Federation. Alternative civil service is a special type labor activity in the interests of society and the state, carried out by citizens in return military service on call. The procedure for sending citizens to alternative civil service is determined by the said Law, other federal laws, and the Regulations on the procedure for performing alternative civil service, approved. Decree of the Government of the Russian Federation of May 28, 2004 N 256 (SZ RF. 2004. N 23. Art. 2309), and other regulatory legal acts of the Russian Federation adopted in accordance with them.
2) to perform temporary (up to 2 months) work, as well as seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season), not exceeding, as a rule, 6 months (see commentary to Art. 293).
Concluding a fixed-term employment contract for a period of up to 2 months is possible provided that the work is obviously temporary, i.e. it is known in advance that it will last no more than 2 months (for example, during the preparation of the annual report). In this case, the contract by agreement of the parties must determine the specific term of the employment contract within 2 months (3 weeks, 1 month, 1.5 months, etc.).
It will be unlawful to conclude a fixed-term employment contract for a period of up to 2 months to perform work that is permanent for the employer.
Concluding a fixed-term employment contract to perform seasonal work is permitted provided that this work is provided for in a special list of seasonal work. Lists of seasonal work, incl. individual seasonal work, the implementation of which is possible during a period (season) exceeding 6 months, and the maximum duration of these individual seasonal work are determined by industry (inter-industry) agreements concluded at the federal level social partnership(Part 2 of Article 293, see commentary to it).
Concluding a fixed-term employment contract for a specific season to perform work not covered by the above list will be considered unlawful;
4) to carry out work that goes beyond the normal activities of the employer, as well as to carry out work related to a deliberately temporary (up to 1 year) expansion of production or the volume of services provided.
Under the employer's normal activities in in this case it is necessary to understand such types of work that correspond to the main directions of the organization’s activities as enshrined in its charter.
As an example of work that goes beyond the normal activities of an organization, the law names reconstruction, installation, and commissioning work. Depending on the nature (type) of the organization’s normal activities, this may include other work, such as repairs and construction. However, in all cases, work that goes beyond the normal (core) activities of the organization, for which fixed-term employment contracts can be concluded, must be temporary (urgent) in nature. Since the law does not establish any special deadline for which such an employment contract can be concluded, the term of the employment contract is determined in each specific case by agreement of the parties based on specific circumstances and the period of time during which there remains a need to perform work beyond outside the normal activities of the organization. Here the general rules on the maximum term of the employment contract established by Art. 58 TK, i.e. 5 years.
Unlike an employment contract concluded to carry out work outside the scope of the employer’s normal activities, the term of an employment contract concluded in connection with the need to temporarily expand production or the volume of services provided is limited. It cannot exceed one year. This is due to the fact that work under such an agreement is carried out as part of the organization’s normal activities and the need to expand production or the volume of services provided is limited to certain time limits, known to the employer.
The specific validity period of an employment contract for the performance of work related to a deliberately temporary expansion of production or the volume of services provided is determined within one year by agreement of the parties. For example, due to the increase in the number of tourists in summer time and by expanding in connection with this the volume of services provided, hotels, cafes, restaurants, transport organizations, etc. can hire an additional number of workers by concluding employment contracts with them for a certain period (1, 2, 3 months, etc.);
5) with persons entering work in organizations created for a predetermined period of time or to perform a predetermined job.
The fact that an organization was created for a certain period or only to perform a certain job must be recorded in the charter of this organization. The charter of the organization also defines the specific period of time for which it was created or during which the work will be completed, the implementation of which is the purpose of creating the organization (for example, for 2, 3, 4 years).
The term of an employment contract with persons entering an organization created for a predetermined period of time or to perform a predetermined job is determined by the period for which such an organization was created. Therefore, termination of an employment contract with these employees on the basis of expiration of the employment contract can be carried out if the organization actually ceases its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without transfer of rights and obligations in the order of succession to other persons (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2);
6) with persons hired to perform obviously defined work in cases where its implementation (completion) cannot be determined by a specific date.
In these cases, the employment contract with employees must indicate that it is concluded for the duration of this particular work (for example, during the renovation of an office, during the construction of a facility). Ending (completion) said work will be the basis for termination of the employment contract due to its expiration. At the same time, it should be borne in mind that if during the trial it is established that there have been 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 of March 17, 2004 No. 2);
7) to perform work directly related to the internship or vocational training employee. In this case, the employment contract is concluded for the period of internship or vocational training.
Internship or vocational training of employees in an organization can be carried out either on the basis of an agreement with another organization that sent its employee for an internship or vocational training, or on the basis of an apprenticeship agreement concluded by the organization with the student himself (see commentary to Article 198 - 208);
9) when applying for a job related to directly supporting the activities of members of elected bodies or officials in organs state power and organs local government, in political parties and other public associations. In this case, we are talking about work related to directly supporting the activities of members of these bodies or officials. This means that not all persons applying for work in these elected bodies can be entered into a fixed-term employment contract. We are talking about agreements concluded to perform work that is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the party chairman).
The term of the employment contract in these cases is established by agreement of the parties within the term of office of the relevant elected body or official.
Early termination of the powers of certain bodies or officials should entail the termination of employment contracts with persons hired to ensure the specified activities;
10) with persons sent by the employment service authorities to work of a temporary nature and public Works. Such work is organized as additional social support for citizens, job seekers. The term of the employment contract for such work is determined by agreement of the parties.
If the work to which a citizen is directed by the employment service is permanent, concluding a fixed-term employment contract with him is not allowed;
The labor activity of citizens performing alternative civil service is regulated by the Labor Code, taking into account the features provided for by the specified Federal Law.
In accordance with Art. 5 of this Law, the period of alternative civil service is 1.75 times greater than the period of military service established by the Law on Military Duty and is 21 months for citizens sent to serve it after January 1, 2008. The period of alternative civil service for citizens undergoing this service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies is 1.5 times greater than the period of conscription military service established by the Law on Military Duty and is 18 months for citizens sent for it. passing after January 1, 2008.
In accordance with the specified deadlines, the term of the employment contract with citizens sent to perform alternative civil service is determined. When concluding an employment contract, the parties do not have the right to establish a different duration of its validity.
3. Unlike part 1 of the commented article, according to which the conclusion of an employment contract for a certain period due to the nature of the work to be done or the conditions for its implementation is mandatory, part 2 of the article provides a list of cases when the conclusion of a fixed-term employment contract is allowed by agreement of the parties . Moreover, by agreement of the parties, a fixed-term employment contract in the cases listed in Part 2 of Article 59 of the Labor Code of the Russian Federation can be concluded without taking into account the nature of the work to be performed or the conditions for its implementation. It must be borne in mind that such an agreement can be recognized as legal if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).
According to Part 2 of the commented article, by agreement of the parties, a fixed-term employment contract can be concluded:
- for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (share) capital (mutual fund) of these legal entities should not exceed 25% (with the exception of the assets of joint-stock investment funds and closed-end mutual investment funds ), an interest owned by one or more legal entities, which are not small and medium-sized businesses, should not exceed 25%;
- the average number of employees for the previous calendar year should not exceed the following limit values average number workers for each category of small and medium-sized businesses:
- a) from 101 to 250 people inclusive for medium-sized enterprises;
- b) up to 100 people inclusive for small enterprises; Among small enterprises, microenterprises stand out - up to 15 people;
- revenue from the sale of goods (works, services) excluding value added tax or book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.
- 4) to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances (for example, to eliminate the consequences of a flood, fire). Since the law does not establish a minimum or maximum period for which an employment contract can be concluded under these circumstances, it is determined by agreement of the parties. If the term of the employment contract does not exceed 2 months, the resulting labor relations are regulated taking into account the specifics established by Chapter. 45 Labor Code (see commentary to Art. Art. 289 - 292);
- 5) with creative media workers mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations. Decree of the Government of the Russian Federation dated April 28, 2007 N 252 approved the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation;
- 7) with persons studying in full-time training;
- 8) with persons applying for part-time work (on the procedure and conditions for concluding an employment contract for part-time work, see the commentary to Articles 282 - 288).
1) with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees does not exceed 35 people (in the field retail and consumer services - 20 people).
The concept and types of small businesses are defined by the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation"(SZ RF. 2007. N 31. Art. 4006). In accordance with Article 3, small and medium-sized businesses are business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by this Federal Law as small enterprises, including micro- and medium-sized enterprises.
According to Art. 4 small and medium-sized businesses include those included in the Unified State Register legal entities, consumer cooperatives and commercial organizations (with the exception of state and municipal unitary enterprises), as well as individuals entered into the Unified State Register of Individual Entrepreneurs and carrying out entrepreneurial activity without forming a legal entity (hereinafter referred to as individual entrepreneurs), peasant (farm) enterprises that meet the following conditions:
Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, revenue from the sale of goods (work, services) or book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration, do not exceed the limit values established by the said article.
The average number of employees of a micro-enterprise, small enterprise or medium-sized enterprise for a calendar year is determined taking into account all its employees, incl. employees working under civil contracts or part-time, taking into account actual time worked, employees of representative offices, branches and others separate divisions specified micro-enterprises, small enterprises or medium-sized enterprises;
2) with age pensioners entering work, as well as with persons who, for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature.
It is necessary to pay attention to what the law says about age pensioners entering work, i.e. about those who for the first time or again (after dismissal) enter into an employment contract with this employer. In this regard, the employer has no right, incl. and with the consent of the employee who is in an employment relationship with him and has reached retirement age, renew the employment contract concluded with this employee for an indefinite period into a fixed-term employment contract. It should be borne in mind that the number of old-age pensioners includes persons who have reached retirement age and who, in accordance with pension legislation, have been assigned an old-age pension. If a citizen has reached the age required to assign a pension, but in accordance with pension legislation has not acquired the right to it or the pension has not been assigned to him due to any other circumstances, he cannot be considered a pensioner and, therefore, the rules for concluding a fixed-term employment contract provided for in the commented article norm, should not be applied to it.
The fact that an employee due to health reasons can perform work of an exclusively temporary nature must be established by a medical report. A medical report of this kind has the right to issue only the body or institution to which such a right is granted (for example, medical and social examination institutions).
The term of the employment contract is determined in this case based on the duration that, according to the medical report, is allowed for of this employee according to his state of health. The employer does not have the right, at its discretion, to set for the employee a term of an employment contract of greater or lesser duration than that prescribed by the medical report;
3) with persons applying for work in organizations located in the regions Far North and equivalent areas, if this is related to moving to a place of work. Since the law connects the possibility of concluding a fixed-term employment contract with these persons with their relocation to their place of work in organizations located in the regions of the Far North and equivalent areas, this rule should not apply to citizens permanently residing in these areas and localities. A fixed-term employment contract is concluded with them on the grounds specified in Part 1 of Art. 59 of the Labor Code of the Russian Federation, by agreement of the parties in the cases specified in Part 2 of the same article (for example, when applying for a part-time job), as well as in other cases provided for by the Labor Code or other federal laws.
The list of regions of the Far North and equivalent areas was approved by Resolution of the Council of Ministers of the USSR of November 10, 1967 N 1029 (SP USSR. 1967. N 29. Art. 203) and is valid today as amended. Resolution of the Council of Ministers of the USSR of January 3, 1983 N 12 (SP USSR. 1983. N 5. Art. 21) with additions and amendments made by the legislation of the Russian Federation;
6) with managers, deputy managers and chief accountants of organizations. It does not matter what the legal form and form of ownership of these organizations are - Joint-Stock Company, limited liability company, state unitary enterprise etc.
The validity period of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code is determined by the constituent documents of the organization or by agreement of the parties. That is, by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;
4. In addition to the cases directly provided for by Part 2 of Article 59 of the Labor Code of the Russian Federation, the conclusion of a fixed-term employment contract by agreement of the parties is also permitted in other cases provided for by the Labor Code or other federal law. So, in accordance with Art. 332 of the Labor Code, by agreement of the parties, fixed-term employment contracts can be concluded to fill positions of scientific and pedagogical workers in a higher educational institution.
5. In accordance with the general rules for concluding a fixed-term employment contract, established by Art. 58 of the Labor Code, a fixed-term employment contract can be concluded either in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, or by agreement of the parties without taking into account these circumstances in cases provided for by the Labor Code or other federal law (Part 2 of Article 59 of the Labor Code of the Russian Federation). However, in some cases the Labor Code provides for the conclusion of a fixed-term employment contract without taking into account these general rules. So, according to Part 14 of Art. 332 of the Labor Code, a fixed-term employment contract is concluded with the vice-rectors of a higher educational institution. This norm is set out in imperative form; therefore, the conclusion of a fixed-term employment contract with these employees is mandatory by virtue of a direct requirement of the law. However, neither by the nature nor by the conditions of performance, work as a vice-rector of a higher educational institution does not relate to work for the performance of which it is impossible to conclude an employment contract for an indefinite period. Thus, by providing for the mandatory conclusion of a fixed-term employment contract with the vice-rectors of a higher educational institution, the legislator showed obvious inconsistency in regulating the relations in question (see commentary to Article 332).
for the duration of a specific job in a person acting on the basis, hereinafter referred to as " Society", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:- An employee is hired for temporary work by the Company as a...
- Wage The employee's salary is rubles per month.
- During the period of work in the Company, the employee reports directly.
- This employment contract is concluded for the duration of the work. The work must be completed no later than . Upon expiration of the specified period, this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the agreement.
- The employee is required to start working in 2019.
- The employee is required to do the following job responsibilities specified in the job description.
- Place of work of the Employee: .
- After completing the work specified in clause 4 of the contract, this employment contract may be extended by agreement of the parties, or a new employment contract for temporary or permanent employment may be concluded between them.
- The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if the employment relationship actually continues and neither party has demanded its termination in the following cases:
- if upon expiration of the contract the work specified in clause 4 is not completed;
- if, after completing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
- Work in the Company is the main place of work of the Employee.
- The work schedule, rights and obligations of the parties, grounds for termination of the employment contract and other conditions are determined in the Personnel Regulations, approved by the head of the Company.
- Additional terms and conditions under this agreement: .
- The terms of this employment contract are confidential and are not subject to disclosure.
- The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
- In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
- The parties are guided by the Company’s internal regulations (Personnel Regulations, internal rules labor regulations etc.) only if the Employee familiarizes himself with them against signature.
- Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
- The Agreement is drawn up in 2 copies having equal legal force, one of which is kept by the Company and the other by the Employee.
As a general rule, an employment contract is concluded with any employee who works in an organization. It regulates the relationship between employer and employee.
One of the options for an employment contract with an employee is the conclusion of a fixed-term employment contract. When registering it, it is worth taking into account formalities that will help avoid claims during inspection by the labor inspectorate. These, in particular, are the specific period for which the agreement is signed, as well as the grounds for its conclusion.
With whom to conclude?
Typically, a fixed-term employment contract is concluded in two cases. The first is when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions of its implementation. For example, for the duration of the duties of an absent employee, whose place of work is retained (maternity leave).
A fixed-term employment contract must be concluded when performing temporary (up to two months) or seasonal work, when, due to natural conditions, it can only be carried out during a certain period or season.
Such an agreement is also concluded with employees sent to work abroad. You need to sign an agreement with them for a period not exceeding three years (Article 338 of the Labor Code of the Russian Federation). At the end of three years, the employment contract will have to be renewed for a new term.
Labor legislation obliges the signing of fixed-term employment contracts when carrying out work outside the scope of the employer’s normal activities. For example, reconstruction, installation, commissioning and other works.
Need to know
A fixed-term employment contract can be concluded in two cases: by agreement of the parties and depending on the nature of the work performed.
Employees performing temporary (up to one year) work must also conclude a fixed-term employment contract. In particular, if this is work related to the expansion of production or the volume of services provided.
A fixed-term employment contract is also concluded with persons entering work in organizations created for a known period (or when this period cannot be precisely determined), as well as to perform a certain work.
It is worth remembering that a fixed-term employment contract must be signed with personnel who are aimed at performing work directly related to internships and professional training. It’s the same story when an employee is sent by the employment service to temporary work or public works.
The second situation when a fixed-term employment contract is required is the performance of work without taking into account its nature and conditions of performance. For example, such an agreement is concluded with employees who come to work for employers - small businesses (including individual entrepreneurs), whose number of employees does not exceed 35 people. For retail trade and consumer services, the minimum number of employees is 20 people.
A fixed-term employment contract is concluded with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate, are allowed to work exclusively of a temporary nature.
Special rules
The maximum period for concluding a fixed-term employment contract is five years.
In addition, a fixed-term employment contract is concluded when the company is located in the Far North and equivalent areas, if entering a job involves moving to the place of work.
A fixed-term employment contract can be concluded with managers, deputy managers and chief accountants of organizations, regardless of organizational, legal forms and forms of ownership.
The list of cases in which a fixed-term employment contract can be concluded is open, so it can be concluded in other situations that are permitted by law, for example, when carrying out urgent work to prevent disasters, accidents or other emergencies. However, such an agreement must also contain information and prerequisites, under which he is considered a prisoner. In particular, you need to indicate the place of work, labor functions, information about the parties entering into the contract, and others (Article 57 of the Labor Code of the Russian Federation).
Term of imprisonment
A fixed-term employment contract is an agreement that specifies the duration of its validity (Article 59 of the Labor Code of the Russian Federation). This rule means that the contract must contain a specific period for which the employee is hired. Otherwise, the contract is automatically transferred to the category of unlimited duration.
The end of the term of such an agreement may be the occurrence of certain events (for example, the employee who was replaced returned from vacation or the end of seasonal work) or a certain date.
The maximum validity period of an employment contract is five years (Article 58 of the Labor Code of the Russian Federation). As for the minimum period, it is not regulated by law. It can be concluded for a month, for a week or even for one day. If a fixed-term employment contract is signed for one day, then the employer must have a justification for concluding such a contract. In this case, it is much more profitable to enter into civil contracts (contracts, paid services).
Repeated re-conclusion of a fixed-term employment contract for a short period to perform the same job function is a reason for retraining into a contract concluded for an indefinite period (resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2).
However, if an employee replaced another employee and he returned to work, then the current contract with the “conscript” can be terminated and, by agreement of the parties, a new fixed-term employment contract can be concluded.
Basis of conclusion
A fixed-term employment contract must contain the reasons why it is urgent. For example, this is performing seasonal work, in connection with which an employee is hired to work for several months, or working abroad. Such circumstances must be listed in the employment contract. In the absence of sufficient grounds capable of qualifying the contract as fixed-term, the regulatory authorities will consider its conclusion unlawful and establish it as a contract concluded for an indefinite period.
Therefore, an employment contract must contain the reason(s) and the period for which it is concluded.
Decor
When hiring under a fixed-term employment contract, in the employment order for form No. T-1 or T-1a you need to indicate the expiration date of its validity or the event that will serve as the basis for its termination, for example, the employee’s departure from parental leave.
Attention
Payments under a fixed-term employment contract are subject to both personal income tax and contributions to funds in general procedure.
In addition, in the section “Conditions of employment, nature of work” it should be indicated that the employee is hired for a certain period and (or) to perform specific work. For example, “under a fixed-term employment contract in connection with being sent to work in Amsterdam” (see an example sample of filling out an order for employment under a fixed-term employment contract).
Nuances of work
Having concluded a fixed-term employment contract with an employee, the organization’s accountant must comply with certain conditions. Thus, if neither party requested termination of such an agreement due to its expiration and the employee continues to work, the condition urgent the employment contract becomes invalid. Then the employment contract is considered concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).
Upon expiration of a fixed-term employment contract during a woman’s pregnancy, the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract (until the end of pregnancy). Such an employee, at the request of the employer, is required to submit a medical certificate confirming pregnancy once every three months.
Employees working under a fixed-term employment contract are prohibited from establishing a probationary period (Article 289 of the Labor Code of the Russian Federation).
Employees with whom an employment contract has been concluded for a period of up to two months, with their written consent, may be involved in work on weekends and non-working days. holidays. Work for these days is compensated in cash at least double size. Let us remind you that, as a general rule, for working on a weekend or a non-working holiday, an employee can be provided, at his choice, with either monetary compensation or the right to an additional day of rest (Article 153 of the Labor Code of the Russian Federation). However, “conscripts” cannot take another day for rest, but only monetary compensation.
An employee who has entered into an employment contract for a period of up to two months, severance pay upon dismissal there is no payment. However, otherwise may be established by agreement of the parties by a collective or labor agreement or federal laws (Article 292 of the Labor Code of the Russian Federation).
“Conscripts” are provided with paid leave or are paid compensation upon dismissal at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).
An employee who has entered into an employment contract for a period of up to two months, in the event of its termination, is obliged to notify the employer in writing three calendar days in advance. If the employer plans to dismiss such an employee due to the liquidation of the organization, reduction in headcount or staff, it is necessary to notify the employee in writing, against signature, also at least three calendar days in advance (Article 292 of the Labor Code of the Russian Federation).
Yu.L. Ternovka, expert editor
The labor legislation of our country provides the right to conclude an employment contract with an employee for a certain time period. In cases expressly prescribed labor legislation, with the categories of enterprise employees specified in the Labor Code of the Russian Federation, an urgent contract may be concluded contract of employment.
This agreement must meet certain legal requirements:
1. Labor contract is always in writing. The number of copies of this document is not limited by law, but, as a rule, the agreement is signed in two identical copies, which are handed over to the employee and the employer’s representative. In the currentreflected the following information:
Place of conclusion of the contract;
Employee details (passport details, place of registration and residence, details of insurance and pension certificates, contact numbers, postal address for correspondence, etc.);
Employer details (OGRN, INN, legal address registration and actual location, position of the representative authorized to sign such documents, indication of the document confirming authority, address for correspondence, etc.).
The name of the position for which the employee is hired;
Urgency of the employment contract;
Schedule;
Location of the workplace;
Duration annual leave and the presence/absence of additional leaves;
Detailed description labor functions(may be contained in other documents being prepared, for example a job description);
The amount of official salary, the procedure for its payment;
Length of the working week;
Other social guarantees and compensations, other labor issues.
2. An employment agreement is binding not only for the employee, but also for the employer.
3. The concluded labor agreement must not contradict the current labor legislation. In terms of contradictions, the provisions of the law apply.
In addition to the parties concluding an employment contract, the employee must be familiar with job description(if any), as well as with internal (local) regulations of the employing enterprise. Local acts the employer is also mandatory for all employees of the enterprise. Local acts should not contradict the labor legislation of the Russian Federation.
If there is a need to carry out a limited amount of work, the employer has the right to conclude a temporary employment contract to perform certain work. Such a contract ends with the completion of the work.
It is necessary to distinguish between a temporary employment contract and a civil contract. The latter is not a type of employment contract and is not regulated by the current labor legislation of the Russian Federation. A civil law contract is governed by civil law and does not give rise to the rights and obligations of the performer as set out in labor code. These persons may not comply with internal labor regulations and other local documents, do not have the right to annual paid leave, compensation for certificates of incapacity for work, severance pay, etc. However, in terms of contributions to state and non-state funds, the employer’s obligations both for its full-time employees and for external persons involved are the same.
On our website you can find various forms of a temporary employment contract and standard samples other legal documents, go to the “Samples of Documents” section of the website and download any form of the document you like.