In what case is a fixed-term employment contract concluded? Fixed-term employment contract: with whom and when is it concluded?

In Russia, when a citizen gets a job in an organization or with an individual entrepreneur, the legislation provides for the mandatory conclusion of an employment contract. Such an agreement can be concluded without specifying its validity period - this is an agreement for an indefinite period. And Russian legislation provides for the conclusion of fixed-term employment contracts. Such agreements are not always permitted. Therefore, employers should figure out by whom, when and for what period a fixed-term employment contract can be signed, and whether it can be changed, terminated or made indefinite. And also study all the pros and cons of a fixed-term employment contract.

Fixed-term employment contract: concept, features

First, let’s determine how a fixed-term employment contract differs from a contract concluded for an indefinite period, and what they have in common.

Art. 58 of the Labor Code of the Russian Federation establishes that if the employment contract does not indicate its validity period, then it cannot be classified as a fixed-term employment contract. In Russia (as, for example, in Japan) the procedure for concluding a lifelong employment contract has not been established. However, our labor legislation is focused on protecting the labor rights of employees.

That is why an employer cannot enter into a fixed-term employment contract with an employee solely at his own request. Labor Code in Art. 59 of the Labor Code of the Russian Federation determines in which cases it is necessary to conclude a fixed-term employment contract, and when this is permissible by agreement of the parties.

The differences between a fixed-term employment contract and a regular one are due to the reasons for their conclusion and the duration

Note that a fixed-term employment contract in its main characteristics, aimed at protecting the labor rights of employees, does not differ from a contract concluded for an indefinite period.

The most important quality of a fixed-term employment contract is that this contract has all the basic qualities of an employment contract. Such an agreement must contain all the main characteristics specified for an employment contract in Art. 56 Labor Code of the Russian Federation. A fixed-term employment contract specifies the work and rest schedule, the employee’s work function, working conditions, payment terms, social insurance and so on.

For a fixed-term employment contract, all essential conditions, registered in a regular TD

What may be the grounds for concluding a fixed-term employment contract?

Russian legislation provides for two options when it is possible to conclude a fixed-term employment contract:

1. A fixed-term employment contract is concluded 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. These cases are provided for in part one of Article 59 of the Labor Code of the Russian Federation.
2. A fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be performed and the conditions for its implementation. This is permissible in cases where the temporary nature of the employment contract cannot significantly violate the employee’s labor rights. Such cases are provided for in part two of Article 59 of the Labor Code of the Russian Federation.

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

Disadvantages and advantages of a fixed-term employment contract

Concluding a fixed-term employment contract can have pros and cons for both the employee and the employer.

Disadvantages for the employee:

• cooperation with the employer will inevitably end at a certain point;
• simplified dismissal procedure (after completion of the contract period or after completion of work);
• shortened dismissal period: notification 3 days before the end of work or the day before the departure of the main employee (Article 79 of the Labor Code of the Russian Federation);
• if the text of the contract was drawn up incorrectly, the employee has a chance to convert the fixed-term cooperation into an indefinite one in court.

Disadvantages for the employer:

• the pregnancy of an employee on a temporary contract makes it impossible to dismiss her before giving birth (except in the case of liquidation of the company);
• if the employer does not warn the employee in time about the expiration of the contract, this contract automatically becomes indefinite;
• If the contract is not drawn up correctly, the dismissal of an employee is illegal, therefore, by a court decision, he is reinstated in his position, which causes great inconvenience, especially if a temporary employee was hired during the absence of the main one.

In addition to direct disadvantages, for the employer one can note the possibility of hidden problems.

Extremely important correct composition fixed-term employment contract. Missed nuances can lead to the fact that the contract will be considered unlimited:

• It is unacceptable to conclude several fixed-term contracts in a row with one employee if the job function specified in the contract does not change;
• the text of the agreement must indicate the reason for its preparation (Article 57 of the Labor Code of the Russian Federation);
• The completion date of the contract must be indicated.

The advantage for the employee is that he has entered into a formal employment contract, albeit for a limited period. Under a fixed-term contract, an employee will enjoy the same labor and social rights as under an open-ended contract.

The advantage of a fixed-term contract for an employer is that when carrying out temporary work, the company does not need to expand its staff. If a permanent employee is dismissed, you will have to pay compensation associated with the staff reduction, and hiring an employee for a temporary position will avoid unnecessary costs.

Video: if you signed a fixed-term contract, what awaits you

For what period can a fixed-term employment contract be concluded?

A fixed-term employment contract is concluded for no more than five years (Article 58 of the Labor Code of the Russian Federation).

In an urgent TD, it is necessary to describe the reason that became the basis for this method of hiring.

The Labor Code of the Russian Federation does not provide for the extension of a fixed-term contract. There is only one exception: if a woman whose employment contract has ended writes a statement and indicates that she is pregnant. In this situation, the contract is extended until the full expiration of the maternity leave period.

Procedure and rules for registration of a fixed-term employment contract

The procedure and rules for registering an employee for work under a fixed-term employment contract are practically no different from registration under an open-ended contract.

The initial document for hiring a temporary job is usually an employee’s application addressed to the head of the company or individual entrepreneur. After the employer signs the employment visa on the application, the employer’s personnel service prepares a draft fixed-term employment contract.

An applicant for concluding an employment contract must prepare a package of documents for concluding a contract.

Necessary documents for concluding a fixed-term employment contract

The following documents are required from the employee:

• passport of a citizen of the Russian Federation or a document replacing it;
• insurance certificate of state pension insurance (SNILS);
• document about special education if it is intended to conclude a contract for the performance of work that requires certain qualifications;
• military registration document (for citizens liable for military service);
• medical record, if it is necessary due to the nature of the work (trade, education, catering, etc.);
• for a minor employee under 16 years of age - written consent of the parent (guardian).

According to the Labor Code, the employer does not have the right to request the employee’s TIN, as well as registration at the place of residence, but they are often needed to prepare personnel documents and are therefore requested.

An employee’s TIN is required to submit personal income tax reports.

How to draw up a fixed-term employment contract: structure and content, basic conditions, sample

When applying for a job under a fixed-term contract, the contract, in accordance with Art. 70 of the Labor Code of the Russian Federation, a probationary period may be established upon hiring. The test is established by agreement of the parties in order to verify the employee’s compliance with the assigned work. The absence of a probationary clause in the employment contract means that the employee was hired without a trial.

If an employee is actually allowed to work without drawing up an employment contract (Part 2 of Article 67 of the Labor Code of the Russian Federation), the test condition can be included in the employment contract only by formalizing it in the form of a separate agreement before starting work. Wherein:

1. A hiring test is not established if a fixed-term employment contract is concluded for a period of up to two months (Article 289 of the Labor Code of the Russian Federation).
2. When concluding a fixed-term employment contract for a period of two to six months, the probationary period cannot exceed two weeks.
3. If fixed-term contract drawn up for a period of more than six months, the probationary period is set as standard - up to three months.

An example of a form for a fixed-term employment contract is available. You should pay attention to filling out clause 2.1.3 of the contract indicating the start and end of the work. A sample of filling out a fixed-term employment contract is available.

IN mandatory even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, and also confirm your familiarization with a signature in the appropriate journal.

After signing a fixed-term employment contract, the employer’s HR department must perform at least two mandatory operations:

• issue an order for employment under a fixed-term employment contract;
• make an entry in the work book of the hired employee, reflecting the start of work with the employer.

Order for employment and filling out a work book

This has no fundamental differences with the order for admission to permanent job. The main difference between such an order is that it must contain the date or conditions for the completion of this agreement. Example of an order.

When drawing up a fixed-term employment contract, the work book is filled out according to the general rules.

However, making an entry in the work book about the completion date of the contract is a violation of the provisions of the Instructions for filling out work books. If the inspection authorities discover the fact of a record of the expiration date of the employment contract, the employer may be brought to justice administrative responsibility according to Art. 5.27 Code of Administrative Offenses of the Russian Federation . In addition, the employer will be issued an order to eliminate the violation, failure to comply with which may result in liability in accordance with Art. 19.5 Code of Administrative Offenses of the Russian Federation.

Features and payment procedure for a fixed-term employment contract

An employee with whom a fixed-term employment contract has been concluded enjoys all the rights to payment for work performed on the same basis as permanent employees.

A temporary worker is also entitled to all social benefits. But there are some nuances here. Thus, to receive payments for sick leave and vacations, the average salary is calculated not for the last 12 months, but based on the average salary for the period from the moment of employment to the month preceding going on sick leave or vacation.

There are also specifics for temporary workers upon dismissal. If a permanent employee is dismissed due to staff reduction, he is entitled to compensation, which is not provided for temporary workers.

Upon dismissal, a temporary employee, in addition to payment for work performed, has the right only to compensation for unused days of the next vacation.

The procedure for terminating a fixed-term employment contract, including upon expiration of the term

The procedure for terminating a fixed-term employment contract is regulated by Art. 79 Labor Code of the Russian Federation. The employer warns the employee about the end of a fixed-term employment contract at least three days in advance. calendar days before the date stated in the contract as its end date.

If neither party has requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force, and the employment contract is considered concluded for an indefinite period.

But there are certain features in dismissing an employee under a temporary employment contract:

• an employment contract concluded for the duration of a certain work is terminated upon completion of this work;
• an employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work;
• an employment contract concluded for seasonal work is terminated at the end of the period (season) specified in the contract.

Special nuances apply to the conclusion of an employment contract for a certain period in the absence of sufficient grounds established by law. In this case, the contract is considered concluded for an indefinite period by a court decision.

If a pregnant woman works under a fixed-term contract, she remains employed in that position until the end of her maternity leave. She cannot be fired before this date. However, there are exceptions here too. If a woman is hired during the employee’s absence, and he returns to his previous position, then the pregnant woman is offered a different position. If the employer does not have a vacancy that suits her qualifications and health conditions, the contract is terminated. A pregnant employee working under a fixed-term contract may also be dismissed before the end of maternity leave if the employer’s activities are completely terminated (the employer is entity or the individual entrepreneur is deregistered as a business entity).

If the contract period has expired, the employee has no right to insist on further work in this place. Management, in turn, cannot retain an employee or prevent his dismissal. If the agreements have expired, the employee notified the employer that he was stopping work, worked the last scheduled day and did not come back, this cannot be considered absenteeism. Temporary employee upon dismissal at will There is no obligation to work the required number of days.

Dismissal of an employee upon expiration of the employment contract is usually quick and painless

How to convert a fixed-term employment contract into an open-ended one

In some cases, a fixed-term employment contract can be converted into an open-ended one. This happens if:

• an agreement has been reached between the employer and the employee to transfer the employee to a permanent job;
• the employee applies to the court with a claim to recognize the contract as indefinite, and based on the materials presented, the court makes a positive decision.

If the parties to the contract have agreed that an employee hired under a fixed-term contract will become a permanent employee, it is necessary to conclude a corresponding agreement.

A sample of an additional agreement between an employer and an employee in case of a joint decision to transfer a fixed-term employment contract to the status of an open-ended one is possible. After signing it, the temporary worker automatically becomes permanent.

After concluding an additional agreement on the transfer of a fixed-term contract to an open-ended one, the employer must issue an order approving this agreement. The example can be downloaded.

The procedure for retraining a fixed-term employment contract into an open-ended one in court

In practice, a situation may arise when one of the parties to a fixed-term employment contract, usually the employer, believes that the contract is over, and the other party believes that this fixed-term contract can be considered unlimited and the employee can be considered a permanent employee.

When the parties fail to reach an agreement, the interested party, usually an employee, goes to court. When going to court, an employee can justify his claim by one of the following circumstances:

• fixed-term employment contract was concluded without legal grounds, provided for in Art. 59 Labor Code of the Russian Federation;
• the expiration date of the contract (or the amount of work to be performed) is not specified, i.e. the contract does not contain a reference to the event in connection with which it is terminated, or the termination date is not indicated labor relations;
• a fixed-term employment contract was concluded for a period of more than five years;
• the employer did not warn the employee about the end of the contract 3 days before its end;
• a fixed-term contract is repeatedly concluded for a short period to perform the same job function.

And another reason for challenging the contract in court is banal violations of Art. 59 Labor Code of the Russian Federation. In accordance with it, a fixed-term contract must necessarily contain the validity of the execution of a fixed-term contract.

A fixed-term employment contract is an important element of Russian labor law. Such an agreement is often convenient for both the employer and the employee. Therefore, all employers need to understand when it is permissible to conclude a fixed-term employment contract, how to draw it up, how to change it, and in what cases such a contract can be converted into a permanent one.

By general rule An employment contract is concluded with any employee who works in the 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 completing it, it is worth taking into account the formalities that will help avoid claims during the inspection. 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 produced during a certain period, 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 mandatory conditions under which it is considered concluded. 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 norm 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 the general manner.

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 a contract due to its expiration and the employee continues to work, the condition on the fixed-term nature of the employment contract loses force. 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 the amount. 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 is not paid severance pay upon dismissal. 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

Let's look at what's going on. How justified is this type of contract and when is it impossible to choose between a fixed-term and an open-ended contract?

Distinctive features

According to the Labor Code of the Russian Federation, two types of agreement can be distinguished, with the help of which an employee and an employer can formalize their relationship with each other. Namely:

1. urgent;
2. without specifying a deadline.

In the first case, the employee’s service life is a limited period of time, but not more than 5 years. This may be due to:

• the nature of the work;
• working conditions;
• with health or age restrictions;
• professional activity of a person.

Keep in mind: in case of concluding a fixed-term employment contract the employer does not have the right to refuse to provide an employee with annual or maternity leave, as well as sick leave. In this case, all relevant payments are retained for the employee.

Is the employee's consent required?

It is impossible to answer this question unequivocally. Each one must be considered specific situation. In most cases, the consent of the future employee is still necessary.

On practice A fixed-term employment contract is concluded in cases where Registration of an employee for permanent employment is impossible for various reasons. For example, your health condition does not allow you to do this ( this fact must be confirmed by an official certificate from a medical institution). Then his consent is needed.

Investigators, many scientists, professors, university teachers, artists serve exclusively on urgent duty. labor contracts who sign up for a limited period. In most cases - for 5 years. After which they either extend it or refuse services this person. The employer does not need to obtain consent from these categories of specialists to sign a fixed-term contract, since there is no second option for formalizing the relationship by virtue of the law.

When consent is not needed

Let's look at it, there are no other options:

1. The employee will take the place of a temporarily absent person who is on long-term treatment, on maternity leave, on leave to care for a disabled child, etc. (i.e., absent due to good reason and retains his place).
2. The services of this specialist are needed for a short period of time - no more than 2 months
3. An employee travels to another country. Example: to work in a branch, to improve qualifications, to undergo an internship.
4. The need for a worker depends on the time of year. Example: his services are needed in winter to clear roofs of snow and icicles.
5. The person will be employed in work not related to the main activity of the company. Example: an organization sells auto parts, and the roof in the warehouse is constantly leaking. The workers hired to reconstruct the warehouse building will operate under a fixed-term employment contract.
6. A group of specialists working on one project for a company and with no plans further collaboration with her after finishing work on it.
7. Employees temporarily employed by an organization for an internship or practice.

By agreement: voluntary signing procedure

Part 2 of Article 59 of the Labor Code of the Russian Federation stipulates that In what cases is a fixed-term employment contract concluded? with mutual consent. Among them:

1. people with various diseases, which can only work for a short period of time;
2. pensioners who came to work for the organization;
3. employees hired on a competitive basis;
4. workers whose future activities involve moving to areas with harsh climates (scientists, researchers, meteorologists, military);
5. arts and entertainment workers (actors, circus workers, TV presenters, reporters, singers);
6. people holding high-ranking positions ( general directors, chief accountants and their deputies);
7. full-time students;
8. sailors;
9. employees combining work in several organizations;
10. workers fighting emergency situations (fires, floods, epidemics) and eliminating their consequences.

When is a fixed-term contract illegal?

And here In what cases is a fixed-term employment contract concluded? illegal:

1. when a person worked under an open-ended contract, and management forces him to quit and sign a fixed-term one;
2. when a person retires and continues to work, but under a fixed-term contract.

Conditions of signing

The main conditions for signing a fixed-term contract are as follows:

1. consent of both parties (except for the cases listed above when it is not necessary);
2. there are no contradictions with the law.

The employee and employer express a desire to limit their cooperation to a certain period of time. After its expiration, they can, by mutual agreement, decide to terminate or extend the contract.

When signing a fixed-term contract, no pressure should be put on either party. Otherwise, it may be declared invalid.

The employer must not only indicate in the contract the basis for its conclusion for a specific period, but also make sure that the applicant has documents confirming this fact (certificates, certificates, etc.).

What should include

Traditionally in case of concluding a fixed-term employment contract it must contain the following information:

1. personal data of the person being hired (full name);
2. the basis for signing a fixed-term contract;
3. an indication of the period for which it is concluded;
4. information about the employer (name of the organization, full name of the manager or person authorized to sign);
5. the amount of remuneration that the employee will receive when conscientious execution assigned tasks (can be monthly or for the entire period of work);
6. date of signing and autographs of both parties.

How to register correctly

The execution of a fixed-term employment contract begins with its signing. After which an order is issued to hire the employee mentioned in it.

Then the clerk (personnel officer) makes the appropriate note in work book about this fact. Indicates the date when the employee was hired, details of the order regarding this, the name of the organization, and signs.

Upon expiration of the contract, the clerk makes a corresponding note in the employee’s work book. Except in cases where the contract was decided to be extended or the employee was transferred to permanent work.

There are employees with whom fixed-term contracts can be concluded in almost every 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 this 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. Such employees include those who:

• Works in temporary, fixed-term or seasonal work;
• Sent to work abroad;
• You are hired to work in an organization that is created for a certain period of time;
• Accepted to perform specific work, etc.

Another basis for concluding a fixed-term employment contract is the agreement of the parties, that is, the initiative of the employer and the employee himself (Read also article ⇒). For example, when a hired employee:

• Age pensioner;
• Has medical conditions that allow him to perform only temporary work;
• If for work he needs to move to the Far North region or equivalent to it;
• Accepted for urgent work, such as eliminating accidents or disasters;
• Is in full-time education;
• Athlete or coach;
• Accepted for creative work;
• Accepted to work for a small enterprise with up to 35 people (or 20 if the enterprise is engaged in retail trade or household services);
• Will work as a chief accountant or manager;
• Part-time worker, etc.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

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

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

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

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

Such fines are imposed if the law is violated once. If the employer repeatedly violates the law, the fines will be increased:

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

Duration of concluding a fixed-term contract

The maximum possible period for a fixed-term contract with an employee is 5 years, while the legislator does not limit the minimum period. The contract does not clearly define the expiration date of the fixed-term contract. It may 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 is terminated upon the expiration of its validity period. Wherein we're talking about about a specific event or a date specified in the contract. For convenience, you can keep a special log of the expiration date of the organization’s fixed-term contracts. This will allow you to dismiss such an employee in a timely manner without violating labor laws.

How to extend a fixed-term contract

It is not always possible to extend the employment relationship with an employee without terminating a fixed-term contract. It depends on how long the contract was concluded and for how long the employer wants to extend it. You need 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 fixed-term contract, the employee is pregnant. In this case, the contract period 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 with a pregnant woman can be terminated;
• the employee previously held the position of scientific and pedagogical worker and is elected to it through competition.

By extending the employment relationship with an employee for an indefinite period, the dismissal process can be avoided.

At the end of the term, the parties should not demand 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 drawing up an additional agreement or order.

The situation is the same 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 indefinite, even without the execution of additional documents.

But this rule does not apply to the manager if a fixed-term contract was concluded with him, the validity of which is stated in the constituent documents.

Personnel documents when drawing up a fixed-term employment contract

The HR department will need to complete some documents when hiring an employee under a fixed-term contract.

Important! If the contract is terminated at the initiative of the employee earlier than 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 contract period is no more than 2 months, then the application can be written three days before dismissal.

The legislative framework

Answers to common questions

Question: Is it possible to indicate in the contract that the employee is prohibited from taking initiative when terminating a fixed-term contract early?

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.

Affected practical questions related to cases and reasons for concluding a fixed-term contract. The features of concluding a fixed-term employment contract are indicated, which is especially worth paying attention to: for what period can an agreement be concluded, what is the situation with probationary period. The rights and obligations of the parties will be listed and links to legislative acts will be provided.

general information

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

The definition of a 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 period for this agreement is 5 years. However, the contract can be extended if necessary.

It is worth considering that multiple re-conclusion 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 open-ended one.

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

When a fixed-term employment contract is concluded, it is mandatory to indicate the reason, why a temporary contract was chosen. If the employer is inattentive to the clause and the reasons are not indicated (or are indicated incorrectly), the employee can go to court.

The court will have the right to change the contract from fixed-term to indefinite, and also 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. Performing temporary work (for less than 2 months);
2. A fixed-term employment contract is concluded when seasonal work is carried out. Due to natural conditions, work can only be carried out during a certain period (season);
3. Business trips abroad - an employee is sent on a specific assignment, a fixed-term contract is concluded for this period;
4. The consequences of accidents and disasters are being eliminated;
5. When the nature of the work differs from the main direction of the enterprise - for example, installation of equipment, renovation of premises for a travel company;
6. Temporary work is available to persons undergoing full-time training;
7. Public Works;
8. A fixed-term employment contract can be concluded with creative workers. The concept includes the media, theaters, circuses, cinematography. The full list is contained in Government Decree N252;
9. Temporary work to which an unemployed person can be referred by an employment center;
10. A fixed-term employment contract is concluded with persons engaged in labor activity as part of an internship/vocational training.

Labor legislation provides for other cases, but the main guideline is still project nature of the work. By this we mean that the scope of work has been determined (performing a certain work) and the end date can be reasonably set.

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

It is worth mentioning separately about pensioners. employer allows serious mistake. Retirement age in itself does not provide any grounds for concluding such an agreement.

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

Conclusion procedure

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 begin to draw up an agreement.

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

1. Reason for concluding a fixed-term employment contract.
2. Validity period determined by date or other means.

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

For convenience, all futures contracts can be stored in a separate folder. However, each personnel officer chooses his own ways of structuring papers. After dismissal, the temporary employment contract is transferred to the archives of the enterprise.

In order to draw up a contract correctly, you need to take into account a few more points; let’s look at what we are talking about.

Duration

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

This will help avoid controversial situations in the future. But in some cases, the end date depends on a specific event. For example, an employee returning from maternity leave. In such cases, the end date can be associated with an event - the employee’s return from maternity leave.

After a set date or event occurs, automatic termination of the agreement. If the event does not occur, then the contract can be changed to unlimited. For example, if the employee (who was replaced by the hired one) quit. The maximum contract period is 5 years.

If the employer enters into an agreement for a period of more than five years, then there is a high probability that the court may change the agreement to an open-ended one.

Minimum term by labor law not installed.

There is a separate contract 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 established for all work up to six months. For temporary work (with a period of less than 2 months), a probationary 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). Cell “from” is responsible for the start of work, cell “to” is responsible for the end date. Another option for filling out the “by” cell is to indicate the event that will end the working relationship (return from maternity leave, etc.).

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

Seal is not strictly obligatory condition. It only further confirms the authenticity of the document. The agreement 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 due to the employer, the second is received by the employee. Document details are defined GOST standards 6.30.

The agreement must indicate/should contain:

1. Employer's name.
2. Type/date/number of the document, as well as the place of its preparation.
3. Headings of the text and the text itself (must include all the information provided for by the Labor Code).
4. Note about applications.
5. Signatures.
6. External approval data.
7. Visa approval.
8. Seal impression.
9. The statement about certification is only for copies of contracts.
10. Identification of the electronic copy.
11. Notation that the employee has received the second copy.

Annexes to the temporary contract are added in the same order as for an unlimited term. also has no differences.

Approximate wording for the agreement:

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

Employers should note that when establishing a fixed-term employment relationship, 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 mistrust regarding the candidate, then it is worth using the tools provided by law. Where the best solution will conclude a regular contract with a long probationary period, rather than try to evade the requirements of the Labor Code.

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

Conclusion

A fixed-term employment contract is not concluded without reason; the legislation provides a detailed list of cases and grounds when it is allowed to conclude this type agreement.

In all other cases, it is better to enter into an indefinite term.

A fixed-term contract has only two differences from a regular contract: reason and expiration date.

Reasons mean a reasonable explanation for why the employer needs this type of agreement.

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

Useful video

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