If a fixed-term employment contract has ended with the employee. Rules for concluding a fixed-term employment contract, its pros and cons for the employee

In this article, we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. The head in this case concludes that after the expiration of this period labor Relations will be completed.

People decide to fix such an agreement due to the occurrence of certain reasons, for example, if the job seeker is not entitled to conclude an open-ended agreement:

1. Due to the fact that the employee who occupied before vacancy, on the this moment is in maternity leave(the law establishes that this position still belongs to that worker).
2. In connection with seasonal work, when, for example, a harvester is needed, and the organization cannot provide efficient work without hiring additional labor.
3. Work under a fixed-term employment contract, where employees are currently recruited, is not permanent and lasts approximately 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see) who will “promote” the organization by distributing leaflets on the street.
4. New employees may also be required if the company is just starting to “go out”, so a designer needs to develop a logo or create a website.
5. The organization now needs people who will be involved in the same area: interns, trainees, etc.
6. There are also situations when it is possible to conclude an open-ended contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such persons:

• managers, their deputies and a specialist in accounting companies;
• students who are studying full-time;
• part-time workers;
• people who work to prevent emergencies;
• pensioners re-employed after reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
• employees of individual entrepreneurs, where the number does not exceed 35 people;
• workers on sea and river vessels;
• persons who are looking for work in connection with moving to the regions of the Far North;
• creative workers (writing, theater, cinema, circus).

If you want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it necessary to conclude a fixed-term employment contract?

In what cases should such a form be drawn up:

• for the period of replacement of an absent employee who is still assigned to him former place work;
• for the period when it will be necessary to perform temporary work;
• seasonal work;
• if a person is transferred to work abroad;
• for the implementation of work that goes beyond the normal activities of the employer;
• with people who are going to enter into a contract with a company created for a short period of time;
• with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
• for the implementation of work directly related to the practice, or additional vocational education in the form of an internship;
• in case of employment in the bodies state power and local government, to political parties and other public associations;
• with people who were redirected by the public health protection authorities to work of a non-permanent nature and public Works;
• with persons who are going to undergo ACS;
• other situations prescribed by law.

Positive and negative characteristics

For the employee, the following positive traits were identified:

• availability of certain social guarantees;
• receipt of a specific amount after dismissal due to the termination of the enterprise;
• a fixed-term contract can only be drawn up if all the requirements prescribed by law are met.

However, there are also negative properties:

• leaving work due to the fact that the contract has terminated;
• dismissal due to the fact that the old employee returned;
• the difficulties that have arisen due to the fact that it is necessary to take care of the child;

With regard to a person who employs employees in connection with the registration temporary agreement, then the employee’s pregnancy may become a minus for him, and, accordingly, removal from office for a while. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If we talk about the positive side, then it must be said that in this case the employer can fully control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract

The Labor Code sets out the basic requirements and rules. The document contains unconditional grounds and the conclusion of the document in connection with the agreement of both parties.

Consider a fixed-term employment contract and its conditions:

• fixing the contract due to leaving the place of work for some time by another employee;
• establishment of temporary or seasonal work;
• work abroad;
• due to the increase in volumes at the enterprise;
• if the company will operate only for a specific time;
• during the internship period of the future employee;
• at the time of attachment to the vacancy in question;
• with unstable funding of an elected body;
• when working from the labor exchange and at the ACS.

The main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

1. Article 78 of the Labor Code of the Russian Federation contains information that the document may terminate at any time. Thus, an employee can be fired, even if at that time he is on vacation or on sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
2. The employee in this case also has a number of advantages, since there is no need to notify your boss within two weeks that you are leaving the place of work. The employee will receive payments immediately, and not in part. An additional plus is that upon dismissal, it will not be necessary to discuss this topic with trade union organizations (81 of the Labor Code of the Russian Federation).

An agreement for vocational training in an organization with a future employee or for vocational retraining with an employee of this organization may also be terminated (208 of the Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or in connection with the conditions specified in the form.

It is possible to increase the term of the contract, which establishes a fixed-term employment relationship, for a certain period.

If you choose to extend certain period then you don't need to sign additional documents, since under the terms of the contract over time ceases to be valid. However, relations based on an agreement between the employee and the employer on the personal performance of the employee labor function, are still real even after the date that establishes the end of a fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are going to extend the employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the relationship under a fixed-term contract cannot exceed a period of up to 5 years.

Extension of a fixed-term employment contract for a new term

In 2018, it was found that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: the authorities take responsibility only for a while, so at any time they can break the contract. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for new term carried out only if a person has really serious reasons for this.

How to hire staff on a fixed-term employment contract

Let's take a closer look at the stages of registration of the document in question:

1. Direct conclusion of the contract. Here you need to specify the period (specific date, if any, and other mandatory conditions). Before signing the document, the employee must study the internal regulations.
2. The company issues an order for the entry of the employee to work. Within three days, the employee must sign the form.
3. Registration of a work book.
4. Filling out a personal card in accordance with the sample.

Probation

Article 70 of the Labor Code of the Russian Federation contains a complete list of people for whom probation. This includes persons who:

• draw up a contract for up to 2 months;
• passed through the competition;
• receive an elective salary;
• persons of the ACS;
• engaged in raising their children up to 1.5 years and pregnant women;
• graduates who have just had a graduation, and now they get a job on a diploma, as well as students who were in practice at this enterprise;
• have not reached the age of 18;
• were transferred from another boss.

1. Employees who will be at the enterprise within 2-6 months - 2 weeks.
2. Managers, deputies, chief accountants - 0.5 years.
3. Employees who perform certain duties in accordance with their position on public service– month-6 months-year.
4. In other cases, 3 months is set.

Features when working with pensioners

The boss can conclude an agreement with the pensioner for a certain period. However, there is a nuance here: if you now have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to an urgent type, this is not necessary.

Holidays

A vacation or a sick leave person receives according to the basic rules, which in no way depend on the time period of the contract.

How to fire a pregnant woman

Article 261 part 2 of the Labor Code of the Russian Federation states that during this period in a woman's life it is impossible to terminate a fixed-term employment contract, even if its term for concluding a fixed-term employment contract has expired.

On the basis of a written application, it is only possible to extend the contract until the birth of the child.

Here, too, there is a small nuance: if the girl was a replacement for an absent employee, then after his release, the expectant mother will have to pick up another open vacancy. If it is impossible to make a transfer, then it is necessary to provide a written refusal from the employee.

How long is a fixed-term contract?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, it is possible to conclude an agreement for 1 day.

Termination or termination of a fixed-term employment contract and the reasons for such a procedure

Early termination may occur in the following situations:

• with the consent of both persons (art. 78);
• execution of an application from an employee (Article 80), as well as the provision of this information to the head in 14 calendar days;
• at the request of the head of the company (Article 81), in which case he must notify the employee at least a month before the expiration of the contract.

Is there a way to convert a fixed-term contract to an open-ended one?

If no one has expressed their desire to terminate the fixed-term employment contract, then it is considered that the contract is now open-ended.

Sample of an indefinite employment contract

Features of a temporary employment contract

In this case, the person must necessarily indicate the period for which he concludes the contract.

However, in life there are cases when it is impossible to say for sure about the termination of the document (maternity leave). In this situation, the end date of the contract will be set after the employee returns from vacation.

As we can see, a fixed-term employment contract requires careful study of all aspects. Extension of a fixed-term employment contract is possible only in certain cases, which we considered earlier. Hiring under a fixed-term employment contract can occur, but this is a more profitable option for the employer than for the employee himself.

Interesting Facts

1. Temporary work is most often liked by students, housewives or retirees who want to earn extra money in their spare time.
2. Judicial practice shows that frequent renegotiations do not comply with the law.
3. In the history of entrepreneurship, it happened that a business owner needed to liquidate a company in order to fire an objectionable expectant mother in accordance with the law, so as not to get into legal squabbles.

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, a person who is hired undertakes to perform certain types of work at the enterprise prescribed in the terms of the contract, as well as to 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 work related to weather conditions.
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 refurbishment 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 for a sole proprietor 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 temporary job, he must provide a number of documents: passport, TIN, SNILS, work book, a document on the receipt of any education, if any. Also, an accepted employee can provide documents on his military service and qualifications for his position.

In the case when a person gets a part-time job, he needs to provide a copy of the 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 it is mandatory is when an employee is recognized as pregnant and brought documents with 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 submits an application 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 drawn up 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 her all compensations established by law. 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.

In the practice of working with hired personnel, situations sometimes arise when the work of employees is needed not on an ongoing basis, but for some time. 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 that will then have to be resolved in judicial order. 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.

Under the usual form of labor contractual relations the date of commencement of work is precisely known, and the time of parting 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 lawful only when, for objective reasons, it is impossible to conclude an indefinite one.

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. Domestic legislation and the International Labor Convention (ILO) adhere to the same position, seeking to minimize the number of workers employed on a temporary basis.

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 marks 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 will be valid. 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 the legal procedure for transferring an employee to a fixed-term contract by drawing up 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 leaves at his own request 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 determined 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 actions necessary for the company, but not related to its main activity (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 corresponding to 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.

Temporary work is understood as work, which is known in advance that it will last no more than two months (for example, during the preparation annual report). It will be illegal to conclude a fixed-term employment contract for up to two months to perform work that is permanent.

When concluding a fixed-term employment contract, the parties must determine its specific period within two months (a month, a month and a half, etc.). Such wording as "for up to two months" is unacceptable.

The conclusion of a fixed-term employment contract for the performance of seasonal work is allowed provided that these works are provided for special list. Lists of seasonal work, including work that can be carried out during a period (season) exceeding six months, and maximum duration these individual seasonal works are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership (part 2 of article 293 of the Labor Code);

3) with persons sent to work abroad. These may be diplomatic missions and consular offices of the Russian Federation abroad, as well as representative offices of federal executive authorities and public institutions Russian Federation, commercial organizations, scientific and educational institutions and etc.;

4) for carrying out work that goes beyond the normal activities of the employer, as well as for carrying out work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided.

In this case, activities that correspond to the main directions of the organization's work, enshrined in its charter, will be normal.

The law, as an example of work that goes beyond the normal activities of the organization, calls the reconstruction, installation, commissioning. Depending on the nature (type) of the ordinary activities of the organization, this may be repair, construction work.

In any case, work that goes beyond the normal (main) activities of the organization, for the performance of which fixed-term employment contracts may be concluded, must be of a temporary (urgent) nature.

The law does not establish any special deadline for which such an employment contract can be concluded, therefore its term in each case is determined by agreement of the parties based on the specific circumstances and the period of time during which there remains a need to perform work that goes beyond normal activities of the organization. Here, the general rules on the deadline for the employment contract, established by Art. 58 TC, i.e. five years.

As for the employment contract concluded in connection with the need to temporarily expand production or the volume of services provided, its term is limited - it cannot exceed one year. This is due to the fact that work under such an agreement is carried out as part of the normal activities of the organization and the need to expand production or the volume of services provided is limited to certain time frames that are known to the employer.

The specific period of validity of such an employment contract within one year is determined by agreement of the parties. For example, due to the increase in the number of tourists in summer time and the expansion in connection with this volume of services provided by hotels, cafes, restaurants, transport organizations can hire an additional number of employees by concluding labor contracts with them for a certain period (1, 2, 3 months, etc.);

5) with persons entering work in organizations created for a predetermined period of time or for the performance of a predetermined certain work.

If an organization is established for a fixed term or only to perform certain work, this should be recorded in its charter. It also defines a specific period of time for which it was created or during which work will be completed, the implementation of which is the goal of creating an organization (for example, for 2, 3, 4 years).

The term of an employment contract with persons entering such organizations is determined by the period for which they were created. Therefore, the termination of the employment contract with the specified employees after the expiration of the period is permissible if this organization really terminates its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without the transfer of rights and obligations by succession to others persons (clause 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation" * (17));

6) with persons hired to perform a deliberately defined work in cases where its performance (completion) cannot be determined by a specific date.

AT employment contract, concluded on this basis, it should be indicated that it is concluded for the time of performing this particular work (for example, for the time of repairing an office, for the period of construction of an object). ending (end) said work will serve as a basis for terminating the employment contract due to the expiration of its validity.

At the same time, if during the trial the fact of multiple conclusion of fixed-term employment contracts for a short period of time to perform the same labor function is established, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2);

7) to perform work directly related to the internship or vocational training of an employee. In this case, the employment contract is concluded for the period of internship or vocational training.

Internship or vocational training of employees in an organization can be carried out both on the basis of an agreement with another organization that sent its employee for an internship or vocational training, and on the basis of a student agreement concluded by the organization with the student himself (see Articles 198-208 of the Labor Code);

8) in case of election for a certain period to an elected body or to an elective position for a paid job. For example, for the position of rector of a state or municipal higher educational institution, dean of the faculty or head of the department of a higher educational institution. According to Art. 12 of the Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education" * (18), Art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner prescribed by the charter of the educational institution (see art. 17, 332 of the Labor Code);

9) upon admission to work related to the direct support of the activities of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations.

So, not all persons entering the work in these elected bodies can be concluded a fixed-term employment contract. We are talking about such work that is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the chairman of the party).

In these cases, the term of the employment contract is established by agreement of the parties within the term of office of the relevant elected body or official. Moreover, the early termination of their powers should entail the termination of employment contracts with persons hired to directly ensure their activities;

10) with persons sent by the bodies of the employment service to work of a temporary nature and public works. Such works are organized as additional social support for citizens, job seekers. The term of the employment contract for the performance of such work is determined by agreement of the parties.

The conclusion of a fixed-term employment contract is not allowed if the work for which the citizen is sent by the employment service is of a permanent nature;

11) with citizens sent for alternative civilian service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civilian service is established by the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service" * (19) in accordance with the Constitution of the Russian Federation .

Alternative civilian service is a special type of labor activity in the interests of society and the state, carried out by citizens in return for conscription military service. The procedure for sending citizens to alternative civilian service is determined by the named Federal Law, other federal laws, the Regulations on the procedure for performing alternative civilian service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256 * (20), and other regulatory legal acts of the Russian Federation adopted in accordance with them. Labor activity citizens undergoing alternative civilian service is regulated by the Labor Code, taking into account the specifics provided for by this Law.

5) with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these workers, approved by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

6) with heads, deputy heads and chief accountants of organizations. At the same time, it does not matter what the organizational and legal form of these organizations is - a joint-stock company, a company with limited liability, state unitary enterprise etc.

In accordance with Part 1 of Art. 275 of the Labor Code, the term of the employment contract with the head of the organization is determined founding documents organization or by agreement of the parties. Based on this, it should be assumed that by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;

7) with persons studying full-time education;

8) with persons entering a part-time job.

Part-time employment is the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code). The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. Part-time work can be performed by an employee both at the place of his main job, and with other employers. It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Labor Code and other federal laws.

The employment contract must indicate that the work is part-time.

4. Except for the cases listed in part 2

By illegally entering into such an agreement, the employer is at great risk. In the article you will find expert tips and a sample for 2020.

When to conclude a fixed-term employment contract

Labor relations are established by default for an indefinite period. But sometimes, due to the special nature of the upcoming work or the conditions for its implementation, a fixed-term employment contract is concluded on a mandatory or voluntary basis. A fixed-term employment contract is concluded under the circumstances listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. Separately, there are cases when the employer has the right to conclude a fixed-term employment contract by agreement of the parties (part 2 of article 59 of the Labor Code of the Russian Federation).

Crib. Cases where you can conclude a fixed-term contract

When is a fixed-term contract required?

• seasonal or temporary (up to two months) work;
• work abroad;
• the employee is sent by the employment service for temporary employment;
• alternative civilian service;
• the employee performs work within the framework of vocational training, industrial practice, internship;
• an employee is elected to an elective position;
• the employee enters an organization established for a limited period, or performs work that is outside the normal activities of the employer;
• if an employee temporarily performs the duties of an absent main employee, who retains a place of work for the period of vacation, decree, sick leave, etc.

Table. Cases of concluding a fixed-term employment contract (in general cases and by agreement)

Cases in which a fixed-term employment contract must be concluded	Cases in which a fixed-term employment contract can be concluded by agreement of the parties
For the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing norms labor law, a collective agreement, agreements, local regulations, an employment contract retains the place of work (paragraph 2, part 1, article 59 of the Labor Code of the Russian Federation)	With persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail and consumer services - 20 people) (paragraph 2, part 2, article 59 of the Labor Code of the Russian Federation)
For the duration of temporary (up to two months) work (paragraph 3, part 1, article 59 of the Labor Code of the Russian Federation)	With pensioners entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of Russia, are allowed to work exclusively of a temporary nature (paragraph 3, part 2 article 59 of the Labor Code of the Russian Federation)
To perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season) (paragraph 4, part 1, article 59 of the Labor Code of the Russian Federation)	With persons applying for work in organizations located in the regions of the Far North and areas equivalent to them, if this is associated with moving to the place of work (paragraph 4, part 2, article 59 of the Labor Code of the Russian Federation)

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Attention! Additional grounds for concluding a fixed-term contract with certain categories of personnel - professional athletes and coaches - are contained in Art. 348.2 of the Labor Code of the Russian Federation.

When drawing up a temporary employment contract, be sure to indicate the reason for the urgency. First make sure that it is included in the list (Article 59 of the Labor Code of the Russian Federation), otherwise it will be difficult to avoid the instructions and fines of the GIT. Sistema Kadry experts have prepared for you convenient table: Download, keep handy and refer to as needed. Unfortunately, mistakes are made when drawing up every second fixed-term contract.

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If the indicated ground of urgency does not correspond to legal requirements, supervisory authorities may decide that the contract was concluded illegally, and apply penalties to the employer. In "Personnel System" - full list of fines .

Example:

The Alfa company concluded N. and justified the urgency by temporary registration of the employee at the place of residence. During a scheduled inspection, the inspector drew attention to the illegality of such justification. As a result, the employer had to pay a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 30,000 rubles, and employment through the court was recognized as indefinite. Now watchman N. works at Alfa on a full-time basis.

It is important for the employer to have evidence that the employee is going to work under the terms of a fixed-term employment contract on the basis of own desire. This is necessary in order to confirm the main condition for concluding an urgent contract in the event of possible conflict situations - the voluntary consent of both parties.

Preparation of documents for the conclusion of a fixed-term employment contract

After signing the contract, the employer must issue 3 more documents. We'll tell you how.

Issue job orders. Such an order may have a free form or correspond to Form No. T-1. The order must indicate the date of termination of the employment contract. If such a date cannot be determined, it is necessary to indicate the event upon the occurrence of which the employment contract will be considered terminated.

Enter employment records in the work book. The information in the columns of the document should be consistent with other executed documents, including. At the same time, an indication of the urgent nature of employment in the work book is not made.

Create a personal employee card. If form No. T-2 is used for this document, an indication of the temporary type of employment is made in the section "Nature of work". In section III "Employment, transfers to another job" repeat the entry made in the work book. The employee must be familiarized with this record against signature.

The maximum term for concluding a fixed-term employment contract

A fixed-term employment contract is concluded for a period of up to five years (part 1 of article 58 of the Labor Code of the Russian Federation). The minimum threshold is not set by law, so it is possible to hire a temporary worker for a couple of months or even weeks, but for five years and one day it is no longer possible.

Attention! By general rule a fixed-term employment contract is not extended, but an exception is made for three categories of workers - athletes, university employees and pregnant women.

If the term of the fixed-term employment contract has expired (part 1 of article 79 of the Labor Code of the Russian Federation).

In order to process the dismissal of an “urgent” employee without errors, use the “Personnel Systems” express service

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A fixed-term employment contract is drawn up as an exception, when labor relations cannot be established on a permanent basis, for a period of up to five years. If the validity period is not specified, the employment will be considered indefinite. If the deadline is set without sufficient grounds, the employer faces a fine and re-qualification of the contract in court.