How to conclude a fixed-term employment contract. When is a fixed-term contract concluded?

There are employees with whom fixed-term contracts are concluded in almost any company. In the article, we will consider in detail on what grounds it is possible to conclude contracts with such employees and how to do it correctly in 2018.

Grounds for concluding a fixed-term employment contract

If it is impossible to establish an employment relationship with an employee for an indefinite period, a fixed-term employment contract is concluded with him. These employees include those who:

• Works in a temporary, fixed-term or seasonal job;
• Sent to work abroad;
• He is hired by an organization established for a specific period;
• Accepted for certain work, etc.

Another reason for concluding an urgent employment contract is an agreement of the parties, that is, the initiative of the employer and the employee himself (See also the article ⇒). For example, when an employee being hired:

• retired by age;
• Has a medical condition that only allows him to do temporary work;
• If for work he needs to move to the Far North or equated to it;
• Accepted for urgent work, such as the elimination of accidents or disasters;
• Is in full-time education;
• Athlete or coach;
• Accepted for creative work;
• Accepted to work for a small enterprise, the number of which is up to 35 people (or 20, if the enterprise is engaged in retail or household services)
• Will work as a chief accountant or manager;
• Companion, etc.

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It is impossible to issue a fixed-term contract with an employee who retired already working in the organization. For this, the organization faces a fine.

Responsibility for violation of the conditions for concluding a fixed-term employment contract

The rules for drawing up a fixed-term contract with an employee cannot be violated. Otherwise, organizations, officials of the organization and entrepreneurs face a fine from the labor inspectorate.

• 50,000 - 100,000 rubles. - for the organization
• 10,000 - 20,000 rubles. – to an official (for example, a director);
• 5000 - 10,000 rubles. - for an entrepreneur.

Such fines threaten in case of violation of the law once. If the employer repeatedly violates the law, the fines will be increased:

• 100,000 - 200,000 rubles - for the organization;
• 1 - 3 years of disqualification - for an official (for example, a director);
• 30,000 - 40,000 rubles - for an entrepreneur.

Deadline for concluding a fixed-term contract

The maximum possible term for a fixed-term contract with an employee is 5 years, while the legislator does not limit the minimum term. The contract does not clearly define the expiration date of the fixed-term contract. It can be limited to some date or some event. For example, the contract can provide for its termination in connection with the employee's return to work from maternity leave.

Termination of a fixed-term contract

The contract terminates at the end of its term. Wherein we are talking about a specific event, or a date specified in the contract. For convenience, you can keep a special log of the end date of fixed-term contracts of the organization. This will allow you to dismiss such an employee in time without violating labor laws.

How to renew a fixed term contract

It is not always possible to extend the employment relationship with an employee without terminating the fixed-term contract. It depends on how long the contract was concluded and for how long the employer wants to extend it. It is necessary to proceed from the fact that the total period of work under a fixed-term contract cannot exceed 5 years and there is no special possibility of extension. This can only be done if:

• at the end of the term of the fixed-term contract, the employee is pregnant. In this case, the term of the contract must be extended until the end of the pregnancy. However, it should be borne in mind that in this case there are grounds on which a fixed-term contract can be terminated with a pregnant woman;
• the employee previously held the position of a scientific and pedagogical worker and is elected to it by competition.

Upon renewal labor relations with an employee for an indefinite period, the dismissal process can be avoided.

At the end of the term, the parties should not demand the termination of the fixed-term contract and the employee can continue to work. In this case, the contract becomes indefinite, and it can be extended by issuing an additional agreement or order.

The same is the case with those employees with whom the fixed-term contract was not terminated in a timely manner and he continued to work. In this case, by default, the contract is considered unlimited, even without additional documents.

But this rule does not apply to the head if a fixed-term contract was concluded with him, the effect of which is spelled out in the constituent documents.

Personnel documents when making a fixed-term employment contract

The personnel department will need to draw up some documents when hiring an employee under a fixed-term contract.

Important! If the contract is terminated at the initiative of the employee before the agreed period, the employee is obliged to notify the employer in the form of a written statement. This must be done two weeks before the expected date of dismissal. But if the term of the contract is not more than 2 months, then the application can be written three days before the dismissal.

The legislative framework

Answers to common questions

Question: Is it possible to indicate in the contract that an employee is prohibited from taking the initiative in terminating a fixed-term contract ahead of schedule?

Answer: No. This directly contradicts the law, Article 77 of the Labor Code of the Russian Federation, according to which the contract can be terminated at the initiative of the employee, including the situation when the contract has not yet expired.

In the practice of working with hired personnel, situations sometimes arise when the labor of workers is needed not for permanent basis, but for a while. In this case, it is worth concluding a fixed-term employment contract with such employees. Unlike ordinary (termless), such contractual relations cannot last longer than the time specified by law.

Fixed-term contracts have their own nuances of conclusion, which should be observed by both parties in order to avoid misunderstandings, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal foundation, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

The word "urgent" in the definition of this type of contract does not mean any additional speed of its execution, it does not come from "urgency", but from "term". This is how it is declared different from contracts that are concluded for an indefinite period.

In the usual form of employment contractual relations, the date of commencement of work is precisely known, and the time of separation and the reasons for dismissal cannot yet be determined.
But when the last condition is known to both parties, that is, both the employee and the employer know when they will terminate their cooperation agreement, it is advisable to formalize the relationship with a predetermined period - fixed-term employment contract.

Labor Code Russian Federation calls the employment contract mandatory when formalizing the relationship "employee-employee" (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. The options when an employer gives an employee temporary employment are defined in Art. 59 of the Labor Code of the Russian Federation. Their determining factor is an important circumstance: a fixed-term employment contract is legal only when, according to objective reasons an indefinite conclusion is impossible.

NOTE! To conclude such an agreement, the will of the employer and even the consent of the employee is not enough; its execution must comply with the grounds given in the legislation. Otherwise, if you have to deal with the court, a fixed-term contract concluded on an illegitimate basis will be recognized as open-ended.

Attractiveness of fixed-term employment contracts

The party that benefits the most from a fixed-term rather than an open-ended contract is the employer. The reasons are obvious:

• a temporary employee is more manageable;
• "conscript" is easier to motivate, since the extension of cooperation with him directly depends on the leadership;
• much easier to carry out the dismissal procedure;
• the employee dismissed at the end of the term cannot challenge such dismissal;
• in this way, you can get rid of any categories of employees, even the most socially protected.

For workers, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. The same position is held by domestic legislation and international convention Labor Organization (ILO) in an effort to minimize the number of temporary workers.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of contractual relations is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an open-ended one.

The reason for this must be indicated in the text of the contract.

The term of such an agreement cannot exceed 5 years. If the document does not specify specific terms or an event that terminates the contractual relationship, it will automatically be considered a contract with an indefinite period. Similarly, if more than five years is indicated.

Termination of a fixed-term contract must be indicated in the text. This is possible in two ways:

• specifying a specific date when the contract will be terminated;
• designation of the event, the occurrence of which terminates the fixed-term contract.

The approach of the final date does not mean an immediate cessation of work: the employee must be warned in writing about the upcoming dismissal in accordance with its expiration 3 days in advance. If this is not done, the dismissal can be challenged.

In the second case, advance notification is impossible, since the event that has occurred automatically terminates the fixed-term contract, as provided for by its terms. Most often, such an event is the entry to work of the main employee, instead of whom a temporary one was employed.

With whom you can conclude fixed-term employment contracts

Employers form such relationships with those employees whose nature of work does not make it possible to determine the duration of the working relationship, or, conversely, quite clearly indicates their end. Such categories of personnel include, for example, the following:

• seasonal workers;
• employees hired to perform a specific type of work by a specific date;
• employees who were sent to work abroad or to another branch of the organization;
• specialists hired from outside to perform work not provided for by the main activity of the organization;
• teachers who can work in the relevant position only for the duration of the competition;
• replacing an employee on long-term sick leave or maternity leave, etc.

Transfer to a fixed-term employment contract from an indefinite

As a rule, employees work on an indefinite contract. However, sometimes there is a need to transfer to a fixed-term contract. This can be done, but the procedure must comply with all the rules.

Reasons for transferring to a fixed-term employment contract

It is possible to transfer an employee to a fixed-term contract only if there are sufficient grounds for this. If there are no such grounds, the agreement will be considered indefinite. The employer cannot draw up fixed-term agreements with the aim of deviating from providing employees with rights and guarantees. Consider the reasons why the employer transfers:

• An employee is assigned to the place of a temporarily absent employee. The latter retains the place of work.
• The employee is sent to work abroad temporarily.
• The work is connected with the temporary expansion of production.
• The employee has a disability.

That is, the transfer to a fixed-term contract is relevant for those cases when the status of an employee changes. For example, he had health restrictions.

Is it legal to transfer to a fixed-term contract?

The issue of the legality of transferring an employee to a fixed-term agreement is extremely controversial. If the employer initially issued the employee under an open-ended contract, he must ensure that the terms of this agreement are met. That is, the worker receives the right to work for an unlimited time.

The contract can only be based on the points established by the Labor Code of the Russian Federation.

For this reason, the transfer of an employee from an indefinite to a fixed-term contract is not legal. The employer cannot, for the purpose of transferring, simply enter into an additional agreement. The employee, if desired, can easily challenge this document.

Another significant mistake is the execution of a new agreement at a time when the previous agreement continues to operate. According to the law, if two documents are valid for an employee, the act with the most favorable conditions. In this case, the most advantageous would be an open-ended contract, as it provides a larger list of rights.

IMPORTANT! Many employers believe that entering into a new agreement automatically cancels the old agreement. However, this is a wrong position. In order for only one act to be valid, the old act must be legally repealed.

How to legally transfer a person to a fixed-term contract?

The only legal way to transfer an employee to a fixed-term contract is to terminate the previous agreement and draw up a new one. However, you need to take into account all the disadvantages of this path:

• The need to pay compensation for vacation that was not used.
• The accrual of seniority for registration of leave begins anew. In order for an employee to be able to legally go on vacation, he needs to work for 6 months. For example, an employee under the first termless contract worked for 5 months. That is, after a month he can go on vacation. However, if the previous agreement is terminated, another contract is drawn up, the vacation will be legal only after 6 months.
• You will have to draw up cadastral documentation for the employee as newly hired.

The legislation does not provide for a simplified procedure for dismissing an employee and hiring him again. These difficulties are related to preventing abuse.

The procedure for drawing up a new employment contract

Consider legal order transferring an employee to a fixed-term contract by issuing a new agreement:

1. The employer conducts a conversation with the employee and offers him new working conditions. Explains the translation scheme.
2. The employee is leaving own will or by agreement of the parties.
3. A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
4. Relevant information is entered in the work book.

This method of translation is more complicated, but it is legal.

Legitimate reasons for urgency

The law provides for two legitimate reasons for concluding a fixed-term rather than an open-ended employment contract:

1. Relationships are concluded strictly for a certain period, based on the nature of the upcoming work and related circumstances.
2. The urgency of labor relations is conditioned by the agreement of the parties in cases where this does not contradict the current legislation.

The labor legislation of the Russian Federation (part 1 of article 59 of the Labor Code of the Russian Federation) allows to conclude fixed-term contracts arising from the nature of the work, in the following circumstances:

• for a time when a full-time employee is absent from his workplace for objective reasons, workplace which must be reserved by law;
• the upcoming work will not take more than 2 months;
• to ensure seasonal work;
• with foreign forms of work;
• performance of activities necessary for the firm, but not related to its core business (for example, installation work, repair, reconstruction, etc.);
• works associated with a limited (usually up to a year) time, such as expanding activities, increasing capacity, volumes, etc.;
• the company is specially created for a short existence, providing for limited time to perform a specific job;
• work related to vocational training, internships for employees;
• election for a certain period to a working elected body;
• referral to public works;
• additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

Fixed-term employment contract on agreement of the parties can be concluded only on a limited list of grounds:

• the employer is a representative of a small business;
• the worker is a pensioner;
• a medical employee is allowed only temporary employment;
• work in the Far North and other equivalent territories;
• when elected by competition to fill a vacant position;
• urgent work aimed at preventing and/or eliminating the consequences of emergency situations;
• with management, deputies and chief accountants of organizations;
• with creative workers (in accordance with the list of similar positions);
• with pupils or full-time students;
• with partners;
• with those working on watercraft registered in the Russian International Register of Vessels;
• other grounds relevant federal laws(current and future).

Employer, remember:

• it is impossible to conclude a fixed-term employment contract on grounds not specified in Art. 59 of the Labor Code of the Russian Federation;
• when dismissing an employee after the expiration of a fixed-term contract, do not forget to notify him in writing 3 days in advance;
• did not warn about the dismissal - the contract will become indefinite.

Worker, take note:

• when applying for an urgent (temporary) job, pay attention to the condition of the end of work (a specific date or event);
• if it is provided for by law, you can demand an extension of a fixed-term contract (for example, during pregnancy);
• if your rights as a “conscript” are violated, the court will reinstate you at work, force the employer to pay, and possibly moral damages.

Labor contract (TD) is primarily a document. This agreement can be called a contract, it regulates the relations that arise between the parties to the labor process.

According to the contract, the person who is hired undertakes to perform certain types work at the enterprise, prescribed in the terms of the contract, as well as follow all the rules and regulations of the established routine.

The employer, for its part, is obliged to provide all working and rest conditions and adequately pay for the labor functions performed by the employee.

TD can be:

• Urgent, that is, in which specific deadlines for work are indicated;
• Indefinite, that is, in such a contract, the terms are not defined.

The STD must necessarily spell out for what reason the contract cannot be extended for an indefinite period. For example, when a person is hired for the period of illness of another employee, or seasonal work. The total term of the STD cannot exceed five years.

If the TD does not specify the time frame for the work, then it will be considered unlimited.

Grounds for concluding STD

These grounds can be divided into two groups:

• When deadlines are set depending on the nature of the work to be performed;
• The conclusion of a fixed-term contract occurs by mutual agreement of the employer and the employee.

The 1st group includes the following grounds:

1. For the period of absence of the main employee at the workplace, when his salary is kept for him. This may be when the main employee is absent due to illness, is on maternity leave, or on annual paid leave.
2. For the period of temporary work, such an agreement is concluded for a couple of months.
3. , implies several months during which the employee's labor activity will be carried out. For example, work on sowing or harvesting grain and other crops, for the heating period and other related weather conditions work.
4. When a person goes to work, by order of the employment center.
5. If the work goes beyond the scope of the main labor activity, the terms of which are agreed in advance. For example, installation work or the reconstruction of any equipment.
6. An election to a position for an indefinite period, for example, an election to a member of an election commission.
7. If a person goes to work abroad.
8. With persons for civilian alternative service.
9. With a person accepted into a sports organization.

With such registration for a position and the conclusion of a STD, the consent of the employee should not be taken into account.

By agreement between the two parties to the employment relationship:

1. If a person has completed full-time training.
2. Work at individual entrepreneur or in the small business sector.
3. If a person who has reached retirement age gets a job.
4. If a person is hired who is recognized as disabled, but who has the right to light work and his labor functions are determined by the time frame.
5. For employment in places of the Far North and territories equated to it.
6. For work in emergency situations, disasters and elimination of consequences after them.
7. If a person has passed the competition to fill a certain position.
8. Managers, his deputies and chief accountant are accepted with the conclusion of the STD, regardless of the form of ownership of the enterprise.
9. When a person gets a part-time job.
10. When the work is related to navigation.

In such cases, the opinion of both parties is taken into account, and the period for which a fixed-term contract will be concluded is agreed.

Features and procedure for concluding STD

If an employee decides to get a job of a temporary nature, he must provide a number of documents: a passport, TIN, SNILS, a work book, a document confirming the receipt of any education, if any. Also, the accepted employee can provide documents on the passage of military service and qualifications for the position.

In the case when a person gets a part-time job, he needs to provide a copy work book or a certificate from the main place of work.

The employee should write an application according to the model for admission to the appropriate position. The form of such an application in each organization is different. In such a statement, the reason for the temporary nature of the work must be indicated.

The employer must familiarize himself with these documents and decide on hiring a person, inform him about the rules of work and rest at the workplace and directly about what the future employee will do, and also familiarize him with local acts wages.

The next step is the preparation and signing of the STD.

When compiling this document, you must specify:

• Surname, name, patronymic of the accepted employee;
• Passport data and other details of the employee (address of residence, age or date of birth, TIN and SNILS, education);
• Start and end of urgent works;
• Place and time of drawing up and signing the contract;
• If the contract is signed by a specially authorized person, then this should be indicated.

The place of work must be indicated, it can be any structural unit of the company or a branch in which the employee will work. You should also indicate the type of work and the position held, as it is indicated in, its nature according to the qualifications held.

An important aspect in concluding such an agreement is the indication of the wage system, bonuses for harmfulness, for working at night, on holidays and weekends.

Next, you need to indicate how many days a week are working, and how many days off, there may be a shift work. To make sure the professional suitability of this employee, indicate the probationary period of work. Typically, a probationary period of up to three months is set, and when a chief accountant or employee is hired for the position of deputy director, up to six months.

If at the conclusion of the contract any conditions or data about the employee were not entered, this is not considered a reason for not concluding it. This can be done later, in the form of an annex to the contract or an additional agreement between the parties, which are a mandatory part of the STD.

All terms of the contract can also be changed by agreement between the worker and the director.

The STD may stipulate conditions on non-disclosure of state secrets, if necessary.

Further, the STD is signed by the two parties to the labor relations and legalized with the official seal of the organization. Make up two copies of the contract, one of which is kept in the organization, the other is handed over to the accepted employee.

The last stage of registration of labor relations is the issuance of an order for employment. A copy of such an order, after three days from the date of employment, is signed by the employee. A copy of the admission order is issued to the employee in his hands.

Timing STD

The maximum term of STD is 5 years, but no more, and the minimum is unlimited, that is, it can be from one day to five years.

The only case when without fail, this is when an employee is recognized as pregnant and has brought documents from a medical institution confirming this fact.

The STD may become indefinite if the parties have not expressed a desire to terminate their employment relationship after the expiration of the period specified in the STD.

STD ceases to operate in a number of cases:

1. By joint decision of the employee and his boss;
2. When an employee applies for early dismissal. Such an application is submitted two weeks before the date of dismissal;
3. At the initiative of the head, but not less than 30 days before the end of the terms under the contract.

If the STD specifies the nature of the work, then its term ends at the end of these works.

Advantages and disadvantages of STD

The STD will be considered legal when it is concluded by mutual agreement of the two parties to the employment relationship. If, having begun to fulfill their job duties, the person did not know about the urgent nature of the contract, then he can apply to the courts. The court will issue a ruling declaring the STD indefinite.

In the case when the worker has already begun to perform his official functions, and the contract has not yet been executed in writing, the court recognizes it as open-ended.

The legitimacy of the fact depends on the legitimacy of the STD conclusion. If this nuance is not observed, the STD is recognized as indefinite and will require the restoration of the employee at the previous workplace.

An important advantage when concluding a STD is a simple execution, and it is also possible not to pay compensation for unused vacation upon dismissal.

The disadvantage is the lack of competence of some employees in the legality of issuing a STD, which is what employers use. Incorrect compilation of the form and content of the STD by the organization entails the illegality of concluding this agreement.

Many directors try to conclude a STD in order to evade the provision of a social guarantee package under the contract. They believe that temporary workers are not entitled to benefits.

In this regard, temporary workers are equal to the main ones and they are provided with the same benefits. This is spelled out in the Labor Code of the Russian Federation.

Often an employer tries to manipulate an employee and concludes several STDs with one employee to perform the same work. In this case, the court recognizes the fact of the conclusion of the STD for an indefinite period.

The main disadvantage for the employee is the ease of dismissal, if all the legal rules for the preparation and conclusion of the STD are observed. All basic payments for a temporary employee (vacation pay, temporary disability benefits, etc.) are calculated in the same manner as for the main employees.

Important for the employee : if during the period specified in the STD, none of the parties to the employment relationship has demanded its termination, and the employee continues to perform his duties, then the STD is transferred to the status of an indefinite period.

The main disadvantage for employers is the onset of the employee's pregnancy, as this entails a mandatory extension of the term under the contract with her. Also, the company will need to pay it all statutory compensation. Even if a pregnant employee wrote an application to extend the time frame of the contract, the boss does not have the right to refuse this request until the end of the pregnancy.

Conclusion

If a person gets a job that has a time frame, then a STD is concluded with him. But when drawing up such a contract, there are many different rules, norms established by law. Proper implementation of such rules will have a beneficial effect on the performance of the employee's duties and a satisfactory end result for the employer.

A fixed-term employment contract implies the conclusion of an agreement with the employee for a specific, predetermined period. It assumes that after the expiration of the employment contract, all relations between the employer and the employee will be completed.

A fixed-term employment contract is concluded in cases where an organization needs an employee for strictly defined work limited to a known time interval.

The main and, in fact, the only difference between a fixed-term employment contract and a standard (indefinite) employment contract is that at the end of its validity. At least for the conclusion of a new fixed-term contract.

If the employment contract does not specify a specific period of its validity, then it is considered permanent, indefinite. Otherwise, employees working under a fixed-term employment contract no restrictions on their rights.

In what cases is a fixed-term employment contract concluded?

The answer to this question is set out in. It states that a fixed-term employment contract is necessarily concluded in the following cases:

• it is necessary to temporarily replace another employee of the organization who is absent for one reason or another and at the same time retains a place in accordance with labor legislation and local regulations;
• it is required to perform work that is related to educational practice, with obtaining vocational education or additional education in the form of an internship;
• election of a person to perform temporary paid duties within the framework of an elected body or to an elected position (including in government bodies, political parties and public associations);
• conclusion of a contract for temporary work (up to two months, including when sent from the Employment Center), as well as within the framework of public works;
• conclusion of a contract for work that goes beyond the boundaries of ordinary labor duties;
• seasonal work;
• the work activity of the employee will be carried out abroad;
• employment in an organization whose activities are obviously temporary;
• in all cases when an employee is hired to perform work, if their completion cannot be determined to the nearest day;
• work in the alternative civilian service.

Conclusion of a fixed-term employment contract by agreement of the parties

• work for individual entrepreneurs and other small businesses, if the number of employees does not exceed 35 people;
• conclusion of an agreement with pensioners and persons with serious medical restrictions on work;
• work in organizations in the Far North and other similar territories, if it involves moving to the place of work;
• work to eliminate the consequences of emergency situations;
• conclusion of an agreement with persons who are elected by competition to fill a vacant position;
• labor relations with workers of creative professions;
• conclusion of an agreement with the heads of organizations, their deputies and chief accountants;
• labor relations with full-time students;
• registration of an agreement with crew members of sea vessels and ships of a mixed type;
• conclusion of a contract for part-time work.

For how long can a temporary employment contract be concluded?

According to the norms of labor law, a fixed-term employment contract is concluded for a period of not more than 5 years. The lower time limit is not defined, it depends on the specifics of specific labor relations and the reasons for which a fixed-term contract was concluded.

Here is a list of the most common grounds for concluding a fixed-term employment contract and the approximate time frame to which it is limited in each specific situation:

• Seasonal work. The contract must indicate that the employee is hired for a specific season, up to the signing of the act of acceptance of work performed. After that, the contract will be automatically terminated;
• Public works in the direction of the employment centers. The contract must note the fact that the employee was sent to the EPC, and also indicate the period during which the work will be performed (individually);
• Cases where a specific end date for temporary work cannot be named. The fixed-term contract states that it will be terminated immediately after the employee fulfills the duties assigned to him (for example, after the repaired property is handed over);
• Temporary replacement of an absent employee (for example, during a decree). The fixed-term contract explicitly states that the employee is hired for the entire period such and such an employee is on maternity leave. As soon as the vacation is over and the former employee returns to work, the contract will be immediately terminated;
• Work as part of an internship or the acquisition of practical skills necessary to complete the training. The term of the contract in this case is determined depending on the terms allocated for the internship. educational institution or special regulations;
• Work as a substitute for military service (alternative civilian service). The term of the fixed-term contract is determined by the Military Commissariat, which sent the conscript to serve;
• Temporary work (up to two months). The contract must indicate the temporary nature of the work and their type, as well as the duration (if possible). The contract will be terminated on the basis of the issuance of the relevant order;
• Employees of organizations operating abroad. The standard term for concluding a fixed-term employment contract with them is 3 years;
• Employees elected to elective positions of state and municipal bodies, political parties and public associations. The term of the contract for them is equal to the period of work of these bodies;
• Conclusion of a fixed-term employment contract by agreement of the parties. The term of the contract is negotiated individually with the employer, but it cannot exceed 5 years. After the expiration of the 5-year term, a fixed-term employment contract may be concluded anew, including on new terms.

Strengths and weaknesses of a fixed-term employment contract

What advantages can an employee who is hired on an urgent basis find for himself? labor contract?

• A complete package of social guarantees and rights guaranteed by labor legislation to all employees without exception. That is, employees working under a fixed-term contract are not limited in their rights in comparison with permanent, full-time colleagues;
• The possibility of concluding a fixed-term contract is clearly spelled out in the law. There is a strict list of situations when an employer has the right to offer such a model of cooperation (Article 59 of the Labor Code);
• In the event of liquidation of the company before the expiration of the contract, the employee is expected to receive standard payments (the same as for those employees who have worked in the organization for many years).

However, there are several disadvantages of working on a fixed-term employment contract. First, the term of the contract will end sooner or later, and then again you will have to look for new job or look for an opportunity to conclude another fixed-term contract. The same applies to the situation when a person temporarily replaces another employee.

In addition, when working under a fixed-term contract, there may be problems with continuous work experience, which will necessarily affect pension payments. This is also true for women who in the future, at the end of the contract, are going to take parental leave.

The advantage of a fixed-term contract for the employer is greater control over the employee's work activity and the ability to painlessly part with him at the end of the contract.

The downside is the inability to terminate a fixed-term employment contract in some cases. For example, when an employee is pregnant - find out. In this case, it will be possible to terminate labor relations with it only upon liquidation of the organization itself.

Affected practical matters related to cases and reasons for concluding a fixed-term contract. The features of the conclusion of a fixed-term employment contract are indicated, which is especially worth paying attention to: for how long it is possible to conclude an agreement, what is the situation with probationary period. The rights and obligations of the parties will be listed and references to legislative acts will be given.

general information

A fixed-term contract is an employment contract for a fixed period, as opposed to indefinite.

The definition of the contract is contained in article 58 of the Labor Code.

The parties to the agreement are the employer and the employee.

The most important difference from an open-ended contract is the end date, after which the employment relationship automatically ends.

The maximum term for this agreement is 5 years. However, the contract can be extended if necessary.

It is worth considering that multiple renegotiation of a fixed-term contract with the same job function serves as the basis for establishing an open-ended employment relationship. In such cases, the employee has the right to apply to the court with a request to change the contract to an indefinite one.

A fixed-term employment contract may be concluded if the conclusion of an open-ended contract is impossible. Unlike a “regular” contract, there are two additional mandatory conditions in the agreement.

When a fixed-term employment contract is concluded, it is mandatory to indicate the reason why a temporary contract is selected. If the employer does not pay attention to the item, and the reasons are not indicated (or indicated incorrectly), employee can sue.

The court will have the right to change the contract from urgent to indefinite, as well as to punish the employer with a fine. The second condition is that a fixed-term employment contract must be concluded with an end date.

cases

With whom can I conclude a fixed-term employment contract?

The grounds for concluding a fixed-term employment contract are provided for in article 59 of the Labor Code of the Russian Federation.

A fixed-term employment contract is concluded in cases where:

1. Temporary works (less than 2 months);
2. A fixed-term employment contract is concluded when seasonal work is carried out. Because of natural conditions work can be carried out only during a certain period (season);
3. Business trips abroad - an employee is sent with a specific assignment, a fixed-term contract is concluded for this period;
4. The consequences of accidents and catastrophes are being eliminated;
5. When the nature of the work differs from the main direction of the enterprise - for example, the installation of equipment, the repair of premises for a travel company;
6. Temporary work is assigned to persons undergoing full-time training;
7. Public Works;
8. A fixed-term employment contract may be concluded with creative workers. The concept includes the media, theaters, circuses, cinematography. A complete list is contained in Government Decree N252;
9. Temporary jobs to which the unemployed may be directed by the employment center;
10. A fixed-term employment contract is concluded with persons performing labor activity as part of an internship/vocational training.

Labor legislation provides for other cases, but the main guideline is still project nature of work. By this they mean that the scope of work is defined (performance of certain work) and it is possible to reasonably set the end date.

Is it possible to conclude a fixed-term employment contract with a pensioner?

Separately, it should be said about pensioners. the employer allows serious mistake. Retirement age alone does not provide any grounds for concluding such an agreement.

Confirmation of this can be found in decision Constitutional Court N378. However, there are some categories of people who, for medical reasons, are only allowed to work temporarily.

Order of conclusion

How to conclude a fixed-term employment contract with an employee?

Based on the list of cases and reasons contained in the Labor Code, you can proceed to draw up an agreement.

In addition to the usual sections and paragraphs, there are two mandatory conditions for concluding a fixed-term employment contract:

1. The reason for the conclusion of a fixed-term employment contract.
2. An expiration date determined by a date or otherwise.

Until termination of employment the contract is stored in the same way as other contracts.

For convenience, all fixed-term contracts can be stored in a separate folder. However, each personnel officer chooses how to structure papers. After dismissal, the temporary employment contract is transferred to the archive of the enterprise.

To properly draw up a contract, you need to take into account a few more points, we will analyze what we are talking about.

Duration

The procedure for terminating the contract regulates. It makes sense to indicate not only the total duration of the agreement, but also the end date (if possible).

This is help avoid disputes in the future. But in some cases, the end date depends on a specific event. For example, the exit of an employee from maternity leave. In such cases, the end date can be associated with an event - the return of an employee from maternity leave.

After the set date or event, there is automatic termination of the agreement. If the event did not occur, then the contract can be changed to permanent. For example, in the event that the employee (who was replaced by the hired one) quit. The maximum term of the contract is 5 years.

If the employer enters into an agreement for a period of more than five years, then it is highly likely that the court may change the agreement to an indefinite one.

Minimum term by labor law not installed.

There is a separate termination procedure for pregnant women.

The employer must renew the contract until the end of pregnancy.

The woman, in turn, will need to provide a medical certificate. See more details.

Probation

A short-term employment contract with an employee has special rules regarding the probationary period. Probationary period for seasonal work cannot exceed 2 weeks.

A two-week period is also set for all works up to six months. For temporary work (with a period of less than 2 months), a trial period is not provided at all.

Filling out the form

In the form of a fixed-term employment contract, you must fill out two cells (from and to). The cell "from" is responsible for the start of work, the cell "to" - respectively, for the end date. Another option for filling in the "by" cell is to indicate the event that will complete the working relationship (exit from maternity leave, and others).

The very fact of "urgency" must be written in the section "Nature of work" and in general provisions(at the very beginning of the document). By agreement of the parties, the contract is signed.

Seal is not a strictly necessary condition. It only additionally confirms the authenticity of the document. The contract will have legal force even without a seal.

A fixed-term employment contract with an employee must be drawn up in two copies. One is for the employer, the other is for the employee. Document details defined GOST 6.30.

The agreement must/must contain:

1. The name of the employer.
2. Type / date / number of the document, as well as the place of its preparation.
3. Headings of the text and the text itself (should include all the information provided for by the Labor Code).
4. Application note.
5. Signatures.
6. External approval data.
7. Visa approval.
8. Print imprint.
9. Certification instruction - only for copies of contracts.
10. Identification of the electronic copy.
11. The mark of receipt by the employee of the second copy.

Annexes to the temporary contract are added in the same manner as for indefinite. also has no difference.

Approximate wording for the agreement:

1. The employment contract is fixed-term, it is concluded according to the 59th article of the Labor Code. The reason is the employee's trip abroad.
2. The term of the agreement is limited to the duration of the trip abroad.

Employers should pay attention to the fact that when establishing fixed-term employment relationships, the potential gain is extremely small. Employees with a fixed-term contract are entitled to all guarantees, and dismissal must be carried out in the usual manner. In addition, the employer may be punished with monetary fines for illegal registration.

If there is distrust regarding the candidate, then it is worth using the tools provided for by law. Where best solution will enter into a regular contract with a long trial period than to try to evade the requirements of the Labor Code.

A sample of filling out a fixed-term employment contract with an employee for temporary work:

Conclusion

A fixed-term employment contract is not concluded for no reason, the legislation provides a detailed list of cases and grounds when it is allowed to conclude this species contracts.

In all other cases, it is better to conclude an open-ended contract.

There are only two differences from a regular contract for an urgent one - reason and expiration date.

Reasons are a reasonable explanation why the employer needs this particular type of agreement.

For this need to know the scope of work. The list of cases when it is recommended to conclude a temporary employment contract with an employee is contained in the 59th article of the Labor Code. These include business trips abroad, seasonal, temporary (less than two months) and some other cases.

Useful video

This video describes in detail what a fixed-term contract is, in what cases can it be concluded? The main reasons for issuing this type of agreement, as well as the nuances of renewal and termination are listed: