Registration of an employee under a fixed-term employment contract. Fixed-term employment contract: expert recommendations and a ready-made sample

The company can hire employees either for a permanent term or for a strictly limited one. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of the particular hiring and the specifics of the work of the organization, a fixed-term employment contract is concluded either taking into account the assigned work (part 1 of article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the manager and employee (part 2 of article 59 of the Labor Code of the Russian Federation).

When you don't need employee consent

The Labor Code provides for certain categories of employees who can be hired only for the time when a fixed-term employment contract is concluded in without fail, in other words, when a contract for an indefinite period cannot be concluded.

So, for example, it would be unlawful to hire an employee not on a fixed-term employment contract who, for health reasons, is only allowed to work temporarily, or CEO, If founding documents the company stipulates that an employment contract with him is concluded for a certain period (part 1 of article 275 of the Labor Code of the Russian Federation).

The absence of the consent of the employee in this case means that the employment contract will not be concluded at all. In other words, if the employee does not agree to sign temporary agreement, the company will not have an obligation to conclude an open-ended contract (as will happen if a fixed-term employment contract is signed by agreement of the parties - see below).

Cases when a temporary contract can be concluded without the consent of the employee

A fixed-term employment contract is concluded in cases where either the specifics of the work or the conditions for its implementation do not allow hiring an employee permanently (part 1 of article 59 of the Labor Code of the Russian Federation). At the same time, the contract itself must indicate how long a fixed-term employment contract is concluded. The maximum term of the contract is five years.

The list of grounds for concluding a temporary contract is open and can be supplemented by grounds that will be further provided for by the Labor Code of the Russian Federation or other laws.

Today it is:

• replacement of a temporarily absent employee (as a rule, we are talking about a decree);
• performance of temporary works (no more than two months);
• seasonal workers;
• employees sent to work abroad;
• employees hired for non-standard work for the organization (installation, reconstruction) or in case of temporary expansion of production;
• the entire staff of employees hired by the company, created for a limited period or for specific temporary work ( project work), including if the time of completion of work cannot be determined in advance;
• interns and trainees;
• replacement of an elective office;
• employees sent by the employment service for temporary (public) work;
• alternative civil servants.

Agreement of the parties for a fixed-term employment contract

Unless there are circumstances of the temporary nature of the work that would justify the urgency labor relations, an employee and his manager can agree to sign a fixed-term employment contract - the Labor Code provides such an opportunity. However, this can not always be done, but in strictly defined cases (part 2 of article 59 of the Labor Code of the Russian Federation):

• hiring to a small business entity (number of employees - less than 35, and if we are talking about retail and consumer services - less than 20);
• hiring old-age pensioners or employees who, for health reasons, are only allowed to work temporarily. Here it must be emphasized that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, it is categorically impossible to “transfer” him to a fixed-term employment contract, this is illegal;
• hiring an employee to the Far North, if he is supposed to move;
• recruitment of employees on a competitive basis;
• hiring creative workers (media, circuses, theaters, etc.);
• hiring managers, their deputies and chief accountants of companies;
• hiring full-time students;
• recruitment of seafarers;
• hiring partners;
• hiring employees to prevent emergencies, accidents, epidemics and other similar events, as well as to eliminate the consequences of these events, if they have already occurred.

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract by agreement of the parties is voluntariness. This means that both the employee and his manager really prefer to limit the term of their employment relationship and voluntarily waive an indefinite employment contract.

The fact of voluntariness is confirmed by the signatures of the parties on the contract; a separate written agreement for a fixed-term employment contract is not required to be signed.

In the contract itself, it is necessary to emphasize that it is urgent, to confirm this with an appropriate basis (for example, by the fact that the employee is studying at a university full-time). It is necessary to make sure that the employee has a supporting document (training document, pension certificate, etc.).

Registration of a fixed-term employment contract

The fact of signing the contract must be recorded by order (indicate in it the grounds for concluding a temporary contract), and in work book personnel worker must make an employment record.

The term of the contract must be fixed in it, otherwise, de jure, the contract will be considered unlimited (part 3 of article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for fixed-term contracts (Chapter 13 of the Labor Code of the Russian Federation).

In the work book, unlike the order and the contract, it is impossible to indicate that the employee is temporarily hired by the company - neither the Labor Code, nor the Instruction for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be held administratively liable (

An increasing number of modern companies use fixed-term employment contracts in their practice. A fixed-term employment contract is an alternative form of agreement between a company and an employee. This contract has a definite end date.

A fixed-term employment contract is concluded for a period from 1 day to 5 years.

It is this form of employment contract that is more convenient for the employer and certain categories of employees from a legal point of view (a simple dismissal procedure for schoolchildren, students, pensioners). Some provisions in the Labor Code of the Russian Federation prohibit the conclusion of an unreasonable fixed-term employment contract.

• There is no permanent employee, a place is needed for him (long sick leave, vacation, maternity leave).
• An employee gets a job for a period of less than 2 months (student labor practice).
• It is required to perform work that depends on the season (work related to harvesting).
• Performance of work with certain terms from the customer (repair work).
• Working in an elected office.
• faces creative professions(media workers, actors, circus performers, etc.)
• An employee is sent to work abroad.
• An employee is hired by a sole trader.
• An employee is employed by a small business.
• Combination of positions.
• Employment of pensioners by age (pensioners by length of service do not apply to this item).
• Employment of employees with disabilities (presence of medical contraindications).
• Persons performing alternative civilian service (Constitution of the Russian Federation, Art. 59)

The conclusion of a fixed-term employment contract is considered illegal if this happened without taking into account the grounds specified in Art. 59 of the Labor Code of the Russian Federation, and can be appealed in court.

Collective agreement

A collective labor agreement is an agreement concluded between the employer and the collective for a period not exceeding three years. Terms and conditions of work are prescribed directly in the contract. It may enter into force from a certain date or from the moment of its signing. After the expiration of the term, it can be extended an unlimited number of times, but the term of each contract will be limited to three years.

The following does not apply to changing the deadline:

• The name of the company has changed.
• The management of the company has changed.
• Enterprise transformation (LLC, CJSC, etc.)

The collective agreement continues to be valid for another 3 months when the owner changes. Further, either terminated or a new one is concluded.

A fixed-term agreement is concluded on an individual basis, in contrast to a collective agreement.

Social guarantees for the employee

Will social guarantees be preserved when concluding a fixed-term employment contract? In this case, there are no exceptions, the employer must provide the same guarantees and conditions as for a permanent employee.

• Every employee has the right to take leave. The term of the contract does not matter. For the calculation, we take the figures specified in the legislation. The employee is entitled to 2 days of vacation for each month worked.
• An employee working on the terms of a fixed-term contract may receive leave upon dismissal (Article 127 of the Labor Code of the Russian Federation). Such leave is that it is issued at the end of the contract. The fixed-term contract is extended until the end of the holiday.
• Study leave may be granted if there is a certificate-call from educational institution with indications of the dates of the session (Articles 173-176 of the Labor Code of the Russian Federation).
• Maternity leave. A woman is entitled to maternity leave if she was not pregnant or did not know about her situation at the time of entering into a fixed-term contract. This condition is confirmed by a medical certificate (Article 255 of the Labor Code of the Russian Federation).

Probation

The employer also has the right to assign a probationary period to a new temporary employee in order to test his professional and business qualities. There are time limits.

• The term of the contract is 2-6 months - a trial period of not more than 2 weeks.
• The employee applies for leadership position. In this case, the probationary period may be extended up to 6 months.
• For civil servants, the probationary period can last 1 year (Article 27, Clause 1 of the Federal Law “On Public Service”).

Employees do not pass a probationary period under the following conditions:

• The term of the concluded contract is less than 2 months.
• Employees who have passed the competition to fill the vacancy.
• Newly hired young specialists (university graduates).
• Employees invited by management from third parties.
• Pregnant women and women with children under 3 years of age.

Termination of an agreement

A fixed-term employment contract can be terminated by an employee at own will. To do this, you must inform your employer of your intention 14 days in advance and write a statement. If the contract is concluded for a period of less than two months, the employer can be warned 3 days in advance.

The employer can also terminate the contract, but this requires more serious reasons, they are provided for by law (Article 81 of the Labor Code of the Russian Federation).

• The employee grossly violates labor discipline(lateness, absenteeism).
• The organization is downsizing.
• A temporary employee does not cope with his job duties (inconsistency with the position held).

Retirement work.

In fact, there is no such thing as "working out" in the TC. There is a mandatory period for notifying the employer of dismissal. This period is considered "working off".

Working off the dismissal of an employee with an urgent employment contract has the following nuances:

If the employer needs it, and the employee agrees, a fixed-term employment contract can be extended or, if necessary, made indefinite. Sometimes the contract is extended, regardless of the wishes of the employer.

• The contract expired, and no one insisted on terminating it (the employee went on maternity leave and decided not to return to former place work).
• The employer is obliged to inform the employee about the end of the contract 3 days in advance. If this does not happen, the fixed-term contract is converted into an open-ended one.
• If the contract needs to be extended, but the employer does not intend to enter into an open-ended employment relationship with the employee, he needs to conclude either a new fixed-term contract with the employee or conclude an additional agreement.
• The employee provided a certificate of pregnancy and, in accordance with the Labor Code, cannot be dismissed until the end of the decree.

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 activities necessary for the firm, but not related to its core business (for example, installation work, repair, reconstruction, etc.);
• works associated with a limited (usually up to a year) time, such as expanding activities, increasing capacity, volumes, etc.;
• the company is specially created for a short existence, providing for limited time to perform a specific job;
• work related to vocational training, internships for employees;
• election for a certain period to a working elected body;
• direction to public Works;
• additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

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

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

Employer, remember:

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

Worker, take note:

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

All other points established by the legislator are equally prescribed in both types of contracts.

What is a temporary employment contract?

A temporary employment contract is an agreement with an employee that specifies the end of work. It can be expressed in several ways:

1. specific date.
2. The occurrence of a certain event.

From point of view personnel office work it is more convenient to indicate the occurrence of an event. In this case, the employer does not need:

1. Warn the employee about the end of the employment contract three days in advance.
2. Conclude an additional extension agreement with him if, due to any circumstances, the work is not completed within the specified period.

After the moment comes, stipulated in the employment contract, he is on this basis.

A temporary worker may be dismissed for other reasons, including at his own request.

How is it different from indefinite?

A temporary contract differs from an indefinite employment contract only in the presence in it of the date (moment) of the completion of the employee.

Another difference is the impossibility of dismissing a permanent employee on such grounds as the expiration of the employment contract.

With whom and in what cases is it concluded?

A temporary employment contract can be concluded with any employee, but only if there is legal grounds.

If a person has contraindications for performing work, it is impossible to conclude an agreement with him.

Who can't deal with?

A fixed-term employment contract cannot be concluded if there are no legal grounds. Moreover, their list is exhaustive and not subject to extended interpretation, which means that the employer can only use legitimate reasons.

If the employment contract is nevertheless concluded as temporary without sufficient grounds,

Advantages and disadvantages

As a rule, a fixed-term employment contract is most beneficial for the employer and disadvantageous for the employee.

For an employee

The advantages of such an agreement for the employee include the following:

• absence probationary period;
• a shortened notice period for the employer upon dismissal of one's own free will (three days).

But all this applies only to contracts that are concluded for a period of less than two months.

Read also: How to conclude an employment contract with underage worker in 2020

The main disadvantage is the lack of a permanent job and the inability to get severance pay in full with reduction.

For the employer

The main advantage for the employer is the ability to dismiss the employee at the end of the contract on a legal basis.

In addition, vacation for an employee who has signed an employment contract for a period of less than two months, vacation is calculated based on the calculation of 2 days, and not 2.33 as in normal cases.

If you conclude temporary employment contracts strictly on the basis of the Labor Code of the Russian Federation, then there are not so many advantages for the employer, but if the employer neglects the law and concludes, say, one month contracts with ordinary employees, he has a means of influencing the employee, threatening him with non-renewal contracts.

Grounds for conclusion

Article 59 of the Labor Code of the Russian Federation contains a list of grounds on which an employer can conclude a temporary employment contract with an employee.

The grounds under which the employer may conclude an employment contract without the consent of the employee include:

1. Replacement of an employee who retains the job.
2. Perform temporary and seasonal work.
3. Admission to a position or organization that was originally created for a certain period.
4. To perform one-time work that is not the main activity of the organization.
5. When elected to an elected office.
6. When you go to work abroad.
7. Employees for whom this work will be an internship or internship.

In all of the above cases, the employer can accept the employee temporarily without his consent.

In addition, there are other grounds under which the contract becomes temporary by agreement of the parties:

1. With persons who have reached retirement age.
2. With partners.
3. With workers of creative professions and those who took a position on a competitive basis.
4. With heads, deputy heads and chief accountants.
5. With full-time students.

In addition to the above grounds, there may be additional ones established by separate legislative acts.

How is a fixed-term employment contract concluded in 2020?

The procedure for concluding a temporary employment contract is similar to the procedure for an indefinite period. But there are several nuances.

Order

The general view of the procedure for concluding a fixed-term employment contract will look like this:

1. The employer has a temporary vacancy.
2. He finds a candidate to fill it.
3. The future employee is introduced to all local regulatory documents relating to his work, including notification that the contract will be temporary.
4. Check that all required documents are present.
5. Directly draw up an employment contract in two copies.
6. Both parties sign an employment contract and receive one copy each.
7. They issue an admission order, a T-2 personal card and a work book.

Read also: Conclusion of an employment contract with a foreign citizen

For how long?

The law establishes only the maximum period that can be specified in the employment contract. It is 5 years old.

The minimum period is not defined and may even be one or more days.

Is there a trial period?

If a fixed-term employment contract is concluded for more than six months, then the procedure for establishing a probationary period is similar to that used in ordinary cases (that is, three or six months).

Otherwise, the test period and its availability will depend on the contract period:

• no more than 14 days with a contract for a period of two to six months;
• it is impossible to conclude a probationary period for employees hired for less than two months.

A trial period is not a mandatory condition, so it can not be included in the text of the contract. This is at the discretion of the employer.

Required documents

The list of required documents is given in Article 65 of the Labor Code of the Russian Federation and includes:

• identity card (passport);
• SNILS;
• diploma, if necessary;
• work book, if any;
• other documents, the presence of which may be required depending on the specifics of the work.

If the employee does not provide all Required documents, this serves as a basis for refusing to conclude an agreement.

Statement

It is written in free form, it must be indicated that the employee is asking to be accepted temporarily. This is not written anywhere, but is done for the convenience of the personnel officer who will draw up the documents, including the contract.

Order

On the basis of the signed contract, an acceptance order is drawn up. Typically, this is used unified form T-1 or T-1a. It also notes that the employee was hired temporarily.

Based on the order, an entry is made in the work book, but it does not reflect the fact that the contract is temporary.

Compilation nuances

When drafting the text of a temporary contract, it must necessarily contain information about the deadline for completing work and the reason why the contract is concluded for a certain time.

Otherwise, the contract may be recognized as open-ended.

Form and Sections

Legislatively, the form of an employment contract is not established, therefore, employers develop it on their own, taking into account the provisions contained in article 57 of the Labor Code of the Russian Federation. Conventionally, the following parts can be distinguished in the contract:

1. The introductory part contains the names of the parties to the contract.
2. The text of the contract is the main part of the document, it includes all the mandatory conditions.
3. The final part contains the details of the parties to the contract and their signatures.

In practice, there are very often cases when it becomes necessary to conclude a fixed-term employment contract instead of an agreement concluded for an indefinite period of time. What are the features of this agreement, and how should it be drawn up?

What it is?

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A temporary employment agreement is an agreement between an employee and an employer, concluded for a certain period of time. At the same time, the law clearly provides for the cases and procedure for concluding such an agreement.

Normative base

• Types of contracts are described. The grounds for issuing a temporary contract are indicated in.
• The expiration of the term of the temporary contract is regulated by paragraph 2 of the Labor Legislation of Russia.
• The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in.
• The duration of seasonal work for which a fixed-term contract is concluded is described in the article, and the list of these works, the accrual of experience and the procedure for this process are listed in.

How is it different from indefinite?

A fixed-term contract has a certain period of time for which it is concluded. An open-ended contract has no expiration date.

Moreover, with a temporary contract, it indicates the reasons for concluding just such an agreement. An open-ended contract does not require the indication of such reasons.

After all, the law says that it is desirable to conclude an open-ended contract. A fixed-term contract is concluded in cases where the conclusion of an open-ended contract is impossible.

With whom and in what cases is it concluded?

An employment contract for a fixed period is concluded:

• with employees who arrived to perform seasonal work or for temporary replacement (up to one year);
• when working abroad;
• in public and temporary work from the employment center;
• when appointing an alternative service and expanding the production of the enterprise;
• when sending an employee for an internship or retraining;
• with pensioners and people with poor health.

Who can't deal with?

The employer has the right to issue an employee under a fixed-term contract only in cases where such an opportunity is provided for by applicable law.

However, despite the existence of grounds for drawing up a temporary contract, it cannot be concluded several times in a row, without providing breaks (only with the same type of labor activity).

If an employee is pregnant, the fixed-term contract is subject to extension until the end of the pregnancy - this is a mandatory legal requirement.

Advantages and disadvantages

Below are the pros and cons of this agreement for both the employee and the employer.

For an employee

For the employee, there are such advantages as:

• the presence of the same social guarantees as for employees of an open-ended contract (payment for sick leave, vacations, etc.);
• payment upon dismissal due to the liquidation of the organization (only if the contract has not expired);
• a fixed-term contract is concluded only if a number of conditions established by law are met.

The disadvantages for the employee are:

• dismissal after the expiration of the contract;
• dismissal upon entering the workplace of the main employee;
• problems for women on parental leave when calculating continuous service and calculating pensions.

For the employer

The only disadvantage for the employer when drawing up a temporary contract with employees may be the pregnancy of a subordinate.

In this case, termination of the fixed-term contract is not allowed or is possible only upon liquidation of the organization.

The advantage of concluding such an agreement will be considered complete control over the employee and his labor activity.

Grounds for conclusion

Article 59 of the Labor Code of the Russian Federation regulates the grounds for concluding such an agreement.

The legislation provides unconditional grounds for concluding such an agreement. (1 part of Art. 59). But it can also be concluded by agreement of the parties (part 2 of Art. 59).

The unconditional grounds provided for by the Labor Code include:

• conclusion of an agreement during the absence of the main employee;
• for temporary work;
• for seasonal work
• when working abroad;
• with an increase in production volumes;
• when creating a company for a period with a certain period;
• during training and internship of the main employee;
• upon selection for this position;
• with temporary provision of an elected body;
• when working from the employment center and in the alternative civilian service.

The grounds for concluding a temporary contract by agreement of the parties include:

• work in small business;
• retirement age of the employee;
• medical restrictions and indications;
• when moving to the Far North;
• urgent prevention of emergency;
• election to office through competition;
• the position of the employee is related to the creative profession;
• when concluding an agreement with the head, deputy, chief accountant;
• finding an employee in full-time training;
• part-time job (both with internal and external part-time job).

How is a fixed-term employment contract concluded in 2020?

Below is the procedure for concluding an urgent labor agreement.

Order

A temporary agreement is drawn up in cases where it is not possible to conclude an open-ended contract with an employee. At the same time, the employer must understand that this is possible only if all the conditions of the Labor Code are met.

The contract may be concluded for a period not exceeding five years. Extensions are only possible if certain legal requirements are met.

For how long?

A temporary contract in accordance with the Labor Code of the Russian Federation can be concluded:

• for a period of not more than 2 months, when performing short-term work (seasonal work);
• for a period limited by the activity performed, while the end of the contract occurs at the end of the work;
• during the absence of the main employee.

Is there a trial period?

Establishing a probationary period for admission under a temporary contract is possible only with written consent the employee himself.

Refusal of an employee from a probationary period cannot serve as a refusal of an employer to hire.

Compilation nuances

An employment agreement must be concluded subject to certain legal requirements.

Form and Sections

A typical temporary employment contract should include the following information:

• information about the parties that concluded it;
• subject of the contract;
• the period of the agreement;
• probationary period or its exclusion;
• salary;
• working time and rest time;
• duties of the parties;
• employee guarantees;
• social insurance.

This document must be drawn up in 2 copies, one of which remains with the employee, and the second with the employer.

The temporary contract must include:

• data of the parties (full name, data of the employee's passport, TIN of the employer);
• region and date of conclusion;
• name of company;
• description of the employee's work activity;
• salary;
• operating mode.

It is also mandatory to justify the reasons for concluding a temporary contract → the period of validity of an urgent relationship, etc.

Type sample

What does such an agreement look like?

Below is a sample form of a fixed-term employment contract:

Required documents

To conclude a contract, certain documents are required.

Statement

An employee's application for employment is made in writing.

This document is not considered mandatory and does not confirm the existence of an employment relationship between the employer and the employee.

The application form is not approved by law, and it can be drawn up in any form. The application is dated and signed at the end.

Below is a sample of this document:

Order

This document prescribes the position, date of entry to work, type and conditions of activity, tariff and payment.

The order contains the personnel number of the employee, based on the general register of employees.

The position specified in the order must be identical to the position specified in the employment contract. At the end of the order, the employee writes in his own hand: “I am familiar with the order” and puts his signature.

Drawing up an order is considered mandatory: without it, hiring is impossible.

Below is approximate form of this document:

Entry in the workbook

The entry in the work book when working under a temporary contract should not differ from the entry when working under an open-ended agreement.

However, the entry made upon dismissal must reflect the condition of the temporary employment contract.

Example:

Design features for different categories of employees

The conclusion of a fixed-term employment contract with certain categories of citizens has its own characteristics, which are presented below.

With a minor worker

When drawing up a fixed-term contract with a minor whose age reaches 14 years, it is necessary to obtain consent from one of the parents (guardian, trustee).

Labor activity should not interfere with the study of a teenager.

If the employee is already 16 years old, then he can be hired under a temporary contract, with the condition that he receives a general education, or when combining study and work.

The employer must provide the teenager with light work.

If the child is not even 14 years old, then the conclusion of an employment contract is excluded, except for the sphere of cinema and circus.

Below is an example of a fixed-term employment contract concluded with a minor:

During maternity leave

When hiring an employee in the place of the main employee who is on maternity leave, the employer is obliged to discuss all the conditions and the period of validity of the temporary employment contract.

Moreover, upon renewal by the main employee maternity leave extension of the term of the temporary employment contract is allowed.

It is allowed to transfer from a temporary contract to an open-ended one, with the consent of all parties to the formalized labor relations.

For temporary and seasonal work

In case of seasonal activity, a temporary contract is concluded for a certain period.

The contract specifies the reasons for the conclusion of such a contract and the expiration of its validity. The document is drawn up in writing.

At the end of seasonal work, the employer notifies the employee no later than three calendar days on the termination of the contract. Non-working days counted as calendar days.

Below is an example of such a contract:

At the same time

An employee who has 2 jobs (main and part-time) must have at least 2 employment contracts.

An employment contract with a part-time partner is mandatory. It should state that this activity carried out jointly.

A temporary contract for part-time employment is concluded for a period not exceeding 5 years. The minimum term is not established by law.

An entry in the work book is made only if the employee works in this way.

It is prohibited to work part-time for a person under the age of 18, a municipal employee, a judge, a member of the Government and other similar categories (with the exception of activities in teaching and creativity).

Below is an example of this agreement:

Pregnant women

A temporary contract cannot be terminated with a pregnant employee. The end of it is permissible only a week after the end of pregnancy.

Leaders and directors

The conclusion of a temporary contract with the head of the organization is allowed only by agreement of the parties.

pensioners

The Labor Code of the Russian Federation provides for the conclusion of a fixed-term contract with a person of retirement age.

However, if such an age was reached during the validity of an open-ended employment relationship, then renegotiation of the contract is not required.

With a foreign citizen

According to labor legislation, a temporary contract with a foreign citizen can be concluded, and without certain period and regardless of the period of validity of the work permit.

Involvement of a foreigner in work is possible upon reaching the age of 18.

The exception is highly qualified specialists in the field of trade in folk and pharmaceutical goods.

Holidays

Regardless of what contract is concluded with the employee, he is entitled to leave.

The difference can only be related to the period of work:

• When concluding a temporary contract for a period not exceeding 6 months, the calculation is made on the basis of the conditions - two days of rest per working month (six-day work week). Working days, holidays and weekends are not taken into account when calculating vacation.
• With a fixed-term contract concluded for seasonal work for more than 2 months, the condition of vacation days changes to 2.33 days. It turns out that when calculating vacation for a full working year, a seasonal worker is given a full vacation with a period of 28 days.

Compensation for unused vacation is calculated based on general conditions: 2.33 days for one month of employment.

Financial questions

Below are the main financial questions that may arise when concluding a fixed-term employment contract.

Salary

Remuneration under a fixed-term contract does not differ in any way from remuneration under a standard open-ended contract.

All tariffs are mandatory.

Payment can be made both in cash and by bank transfer. The type of calculation is also indicated in the relevant clause of the employment contract.

sick leave

Paying sick leave for an employee under a fixed-term contract is considered the responsibility of the manager.

If an employee has worked for more than 6 months, then sick leave is calculated based on the standard scheme.

If, however, an employee arranged under a temporary contract worked for less than 6 months, then the code in sick leave - 46.

The maximum days for which payment is due in this case is 75.

Compensation for unused vacation days

accrued on the days worked by the employee in compliance with the general conditions:

• If the hours worked are not a whole month, but are the majority of it, then the calculation is made from the full month.
• If the time worked is less than a month, then compensation is not charged for this time.

Taxation

Taxation for employees hired under a temporary contract is identical with the application of a single tax to employees with an indefinite contract.

If a temporary worker has worked for less than a full year, then a single tax is applied to him, minus the time when the work activity was not carried out.

The same requirements apply to personal income tax certificates as to documents of permanent employees.

Indexing

Indexing can be established only by agreement of the parties and is not the responsibility of the manager.

If, by agreement of the parties, indexation is provided, then this clause must be included in the text of the agreement.

Extension

A fixed-term employment contract can be extended for new term.

Conditions

Prolongation of a temporary contract is possible if it is issued:

• with athletes;
• pregnant women;
• employees of a higher educational institution (when winning a competition for a position).

When extending a temporary contract, an appropriate annex is drawn up, which indicates additional activities or a new period of validity.

Despite the extension of the temporary contract, the total period cannot exceed a period of five years.

If the extension provides for a longer period, then it is unacceptable. In this case, there can only be a renegotiation of the document.

Order

Immediately after writing and signing an additional agreement to the temporary contract, an appropriate order is issued (form T1 or T1a).

This order must specify the extension period.

Example:

Additional agreement

If you wish to extend the temporary contract before the end of its term, an additional agreement is filled out.

If a change in conditions is implied, then this must be written in the document. It is also worth indicating the period of validity of the additional agreement.

Below is an example of this document:

Termination

Termination of a fixed-term employment agreement must also be carried out in accordance with certain legal requirements.

In this case, its validity period is terminated, and the employee is fired. In this case, termination is possible both after the expiration of the contract, and ahead of schedule.

Employee initiative

Dismissal under a fixed-term contract at the request of an employee is permissible.

Three days before the desired dismissal, the employee must notify the employer in writing.

For example, Antonov was hired under a fixed-term employment agreement, but after some time he received a better offer and decided to change jobs. In this case, the termination of the employment agreement is carried out at the initiative of the employee. He must only notify the employer of his intention to change jobs.

Employer initiative

The employer has the right to dismiss the employee, issued under a temporary employment contract, in case of non-fulfillment of labor duties by him.

However, they cannot simply dismiss an employee, for this there must be reasons that are provided for in the legislation.

Dismissal of a pregnant woman and a mother on parental leave

Dismissal of a pregnant employee is allowed only upon liquidation of the organization/enterprise.

The rest of the reasons for dismissal are considered invalid.

Women on parental leave may be fired when a key employee exits.

Documentation of dismissal

Upon dismissal of an employee, certain documents must be drawn up.

Notification

Notice of dismissal can be issued in any order. It is transferred directly to the dismissed employee by the personnel department specialist.

The indication of the reason for dismissal is considered mandatory.

The notification is issued in two copies, one of which is transferred to the employee, and the second to the employer.

Below is an example of such a notification:

Order

After signing the notification by the employee, an order is drawn up for dismissal, which indicates the reason (termination of the fixed-term contract, failure to fulfill official duties etc.).

Below is an example of such a document:

Payments and compensation

All settlements with an employee under a fixed-term contract upon dismissal are made according to the standard scheme.

The settlement with the dismissed employee must be made on the last working day. On this day, he is also given a completed work book.

FAQ

Below are answers to frequently asked questions regarding a fixed-term employment agreement.

Is it possible to transfer from an open-ended to a temporary contract?

This process governs Labor Code RF.

Transfer from an open-ended work regime to a fixed-term contract is allowed only with the agreement of the employee himself.

Is it possible to conclude with an IP?

Yes, you can. Conclusion of a temporary employee contract with individual entrepreneur possible subject to the standard scheme of registration of such an agreement.

How many times can you apply with the same employee?

The legislation does not provide for restrictions on the number of fixed-term contracts concluded with the same employee.

However, when applying to the court, it can be recognized as indefinite.

In what cases is a medical examination required before hiring?

Mandatory medical examination must pass:

• minors;
• workers engaged in hazardous or heavy work;
• food industry workers children's institution, trade;
• shift workers;
• specialists sent to work in the Far North;
• sports workers;
• persons participating in activities during the movement of the train;
• employees of customs authorities;
• rescuers and judges;
• employees of educational institutions;
• medical workers.

Which is better - a contract or a fixed-term contract?

If regular activities are supposed to be performed, then it is better to conclude an employment contract. In the case when the activity is of a one-time nature, it is more expedient to draw up a work contract.

It follows from the above that the current legislation carefully regulates not only the procedure and rules for concluding a fixed-term employment agreement, but also the procedure for terminating it.