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. Grounds for registration temporary agreement 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?

employment contract for certain period is:

• 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.

Pros and cons

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 exit workplace 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.

On what period?

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;
• probation 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.

In a temporary agreement without fail must be specified:

• 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 work book

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 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 about 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 the labor legislation, a temporary contract with a foreign citizen can be concluded, moreover, without a specific 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 rest 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.

Terms

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

• with athletes;
• pregnant women;
• higher educational institution(upon 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.

Frequently asked Questions

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 is regulated by the Labor Code of the Russian Federation.

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. The conclusion of a temporary contract between an employee and an individual entrepreneur is possible subject to the standard scheme for drawing up 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.

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;
• employee performs work within vocational training, industrial practice, internships;
• 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)

Download full table

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.

Download in the System Personnel

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 on the terms of a fixed-term employment contract based on his own desire. This is necessary so that, in the event of conflict situations confirm the main condition for concluding an urgent contract - 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

Take advantage now

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 requalification of the contract into judicial order.

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, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal foundation, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

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

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 indicates their end. Such categories of personnel include, for example, the following:

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

Transfer to a fixed-term employment contract from an indefinite

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

Reasons for transferring to a fixed-term employment contract

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

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

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

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

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

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

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

Another significant mistake is the execution of a new agreement at a time when the previous agreement continues to operate. According to the law, if two documents are valid for an employee, the act with the most favorable conditions 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 is leaving own will or by agreement of the parties.
3. A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
4. Relevant information is entered in the work book.

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

Legitimate reasons for urgency

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

1. Relationships are concluded strictly for a certain period, based on the nature of the upcoming work and related circumstances.
2. The urgency of labor relations is 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, for objective reasons, there is no full-time employee at his workplace, the workplace for which must be retained by law;
• the upcoming work will not take more than 2 months;
• to ensure seasonal work;
• with foreign forms of work;
• performance of activities necessary for the firm, but not related to its core business (for example, installation work, repair, reconstruction, etc.);
• works associated with a limited (usually up to a year) time, such as expanding activities, increasing capacity, volumes, etc.;
• the company is specially created for a short existence, providing for limited time to perform a specific job;
• work related to vocational training, internships for employees;
• election for a certain period to a working elected body;
• referral to public works;
• additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

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

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

Employer, remember:

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

Worker, take note:

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

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

According to the contract, 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 work performed by the employee. labor functions.

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 the reconstruction of any equipment.
6. An election to a position for an indefinite period, for example, an election to a member of an election commission.
7. If a person goes to work abroad.
8. With persons for civilian alternative service.
9. With a person accepted into a sports organization.

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

By agreement between the two parties to the employment relationship:

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

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

Features and procedure for concluding STD

If an employee decides to get a job of a temporary nature, he must provide a number of documents: a passport, TIN, SNILS, a work book, a document confirming the receipt of any education, if any. Also, 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 has brought documents from a medical institution confirming this fact.

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

STD ceases to operate in a number of cases:

1. By joint decision of the employee and his boss;
2. When an employee 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 started to fulfill his labor duties, a 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.

E.A. answered the questions. Shapoval, lawyer, Ph.D. n.

We conclude, extend and terminate a fixed-term employment contract

The court decisions mentioned in the article can be found: "Judicial practice" section of the ConsultantPlus system

A fixed-term employment contract may be concluded if, taking into account the nature of the work or the conditions for its performance, it is impossible to conclude an agreement for an indefinite period. Art. 58 Labor Code of the Russian Federation. And to terminate such an agreement, it is enough to wait for the expiration of its term (of course, in the absence of other grounds). But not everything is as simple as it seems. Here are answers to the most common questions regarding such contracts.

A fixed-term employment contract with a pensioner is possible

A.N. Gladysheva, Samara

We offered a pensioner entering a job to conclude a fixed-term employment contract. But it requires the execution of a contract for an indefinite period. Do we have the right to insist on a fixed-term employment contract just because he is a pensioner?

: It is possible to conclude a fixed-term employment contract for a period of up to 5 years only if the pensioner himself agrees to this articles 58, 59 of the Labor Code of the Russian Federation. True, pensioners often appeal against the legitimacy of concluding fixed-term employment contracts with them. The courts take the side of the employer if the pensioner signed an employment contract containing a condition on its term, thereby expressing agreement with such a condition. Cassation ruling of the Rostov Regional Court dated April 25, 2011 No. 33-5663; Determination of the Moscow Regional Court dated November 17, 2011 No. 33-25523. But if the pensioner proves that consent to the conclusion of the contract was given involuntarily, then the court recognizes the contract as concluded for an indefinite period. clause 13 of the Decree of the Plenum of the Supreme Court of March 17, 2004 No. 2; Clause 3 of the motivational part of the Definition of the Constitutional Court of May 15, 2007 No. 378-O-P.

It should also be borne in mind that the unwillingness of a pensioner to conclude a fixed-term employment contract is not a basis for refusing employment. In such a situation, the employer will have to conclude a contract for an indefinite period.

In small businesses, a fixed-term contract can be concluded with any employee

M.I. Mavlyanova, Taman

We have 7 people in our company. Can we conclude fixed-term employment contracts with all employees?

The employer is a small business entity is an organization or entrepreneur, the number of employees of which does not exceed 35 people, and in the field of retail trade and consumer services - 20 people Art. 59 Labor Code of the Russian Federation.

: You can conclude a fixed-term employment contract with any employee if articles 58, 59 of the Labor Code of the Russian Federation:

• your company is a small business entity;
• the employee agrees to conclude a fixed-term employment contract for up to 5 years. But do not forget to indicate in the contract e Art. 57 of the Labor Code of the Russian Federation:

The term for which it is concluded;

basis for his conclusion. In your case, this is part 2 of Art. 59 of the Labor Code of the Russian Federation.

The condition of the term in the contract for the performance of specific work

NOT. Maxaim Trankova, Mozhaisk

We need to hire employees for the duration of a certain project. How can we indicate the term of the contract if the end date of this project is not yet known?

: In the employment contract, you need to indicate for which particular project the employee is hired. And as a period, indicate that the contract was concluded before the completion of the project (without specifying a specific date) Art. 59 of the Labor Code of the Russian Federation; Appeal rulings of the Moscow City Court of July 16, 2012 No. 11-14184, of May 14, 2014 No. 33-11227 / 2014.

1.5. The employment contract is valid until the completion of work on project No. 20-1, related to the fulfillment by the Employer of obligations under the contract dated 06/01/2015 No. 23/10, concluded with Design LLC.

But you must have documents confirming the existence of the project and the end of its validity. Appeal ruling of the St. Petersburg City Court dated June 10, 2014 No. 33-7964/2014. Otherwise, the employee will be able through the court to retrain the employment contract into an open-ended one.

When the project comes to an end, the date of its completion will become clear. 3 calendar days before this date, notify the employee about dismissal due to the expiration of the employment contract and Art. 79 Labor Code of the Russian Federation.

Work for up to 2 months is always temporary

I.Yu. Duyunova, Novorossiysk

We want to hire an employee to replace the main employee during a rather long vacation. What kind of fixed-term contract to conclude with him?

: If the planned vacation of the main employee is less than 2 months, you need to conclude a fixed-term employment contract with the replacement employee for up to 2 months in Art. 289 of the Labor Code of the Russian Federation. Then you cannot set a probationary period for a new employee when hiring, and for the time worked you will have to provide leave (or pay compensation for leave) at the rate of 2 working days for each month of work articles 289, 291 of the Labor Code of the Russian Federation.

If the vacation of the main employee lasts 2 months or more, then conclude a fixed-term employment contract with the new employee for the duration of the vacation of the main employee (for a period of 2 to 6 months) Art. 58 Labor Code of the Russian Federation. Then everything will be exactly the same for him as for the rest of the workers. That is, you can set him a trial period, but only up to 2 weeks Art. 70 of the Labor Code of the Russian Federation, and leave for hours worked (or compensation for unused leave upon dismissal) to provide in calendar days Art. 115 Labor Code of the Russian Federation.

A migrant’s patent is not a reason to conclude a fixed-term contract with him

S.A. Belonogov, St. Petersburg

We hire a citizen of Moldova with a patent. Do we think that a contract with him can be concluded only for the duration of the patent?

: The fact that you hire a foreigner with a patent that is valid for a certain period is not a basis for concluding a fixed-term employment contract, since there is no such basis in the Labor Code of the Russian Federation articles 58, 59 of the Labor Code of the Russian Federation. As with Russians, a fixed-term contract with migrants is concluded if the nature and conditions of work do not allow concluding a contract for an indefinite period articles 58, 59 of the Labor Code of the Russian Federation. After the expiration of the patent, the migrant worker must be removed from work Art. 327.5 of the Labor Code of the Russian Federation. If the employee does not renew the patent, then after 1 month from the expiration date of the patent, you simply dismiss him p. 5, part 1, part 2, art. 327.6 of the Labor Code of the Russian Federation.

Can a fixed term contract be extended?

E.A. Tereshchenko, Ulyanovsk

Taking into account the nature of the work, we have concluded a fixed-term employment contract with the employee for a period of 1 year. Can we extend the contract with the employee by changing the term of the contract?

: There is no definite answer to this question. There is an opinion that before the expiration of the employment contract with the employee, it is possible to conclude an additional agreement to the employment contract to change the term of its validity, if the circumstances in connection with which the contract was concluded for a certain period have not disappeared. Moreover, according to the courts, the extension of the term of the contract in such a situation does not indicate the repeated conclusion of a fixed-term employment contract, which entails for the employer the recognition of the employment contract as concluded for an indefinite period. Appellate ruling of the Supreme Court of the Chuvash Republic dated December 23, 2013 No. 33-4638/2013; Determination of the St. Petersburg City Court dated October 18, 2010 No. 33-14178 / 2010.

You can formulate a condition for extending the term of an employment contract as follows.

The employee and the employer agreed that the employment contract No. 3 dated 01.01.2014 was concluded for a period until 01.01.2016.

But there are courts that believe that the extension of a fixed-term employment contract violates the rights of the employee. And they recognize the extended fixed-term employment contract concluded for an indefinite period Determination of the Moscow City Court dated February 6, 2012 No. 4g / 3-114 / 12.

Therefore, when deciding to extend the term of an employment contract, it makes sense to familiarize yourself with the judicial practice in your region in similar cases.

Not all summer jobs are seasonal

G.A. Panarina, Shadrinsk

For the summer (June to August) we hired a vendor to sell vegetables and fruits on the street. Do we understand correctly that this is a seasonal job?

: Not. Seasonal work should be due to the peculiarities of climatic and other natural conditions (for example, rafting and logging; heating season in housing and communal services). Types of seasonal work are determined in special lists containing Art. 293 of the Labor Code of the Russian Federation:

• in sectoral (intersectoral) federal social partnership agreements х see, for example, clause 2.A of the Industry Agreement on the organizations of the timber industry complex of the Russian Federation for 2015-2017. ; clause 3.7 of the sectoral tariff agreement in the housing and communal services of the Russian Federation for 2014-2016.;
• in normative legal acts, including in acts of the former USSR, in force in the part that does not contradict Labor Code RF see, for example, the List, approved. Decree of the Government of 04.07.2002 No. 498; Art. 423 of the Labor Code of the Russian Federation; List of seasonal works, approved. Decree of the NCT of the USSR dated 11.10.32 No. 185.

You cannot set a probationary period of more than 2 weeks for a seasonal worker, during the time of work he will need to be granted leave (or pay compensation for leave) at the rate of 2 working days for each month of work articles 70, 295 of the Labor Code of the Russian Federation.

Work as a seller does not apply to seasonal types of work, so you need to conclude a fixed-term employment contract with an employee for a period from 06/01/2015 to 08/31/2015 to perform certain works s articles 58, 59 of the Labor Code of the Russian Federation.

What day to dismiss a temporary employee if the main employee left the care leave

I.Yu. Tupeeva, Kazan

We have a fixed-term contract with an employee for the duration of parental leave of the main employee. The main worker went to work without warning. When to fire a temporary worker, because we did not warn her about the dismissal?

: It all depends on how the condition on the term is formulated in the contract with the temporary worker. If the contract states that it is concluded for the period of temporary absence of a particular employee, then the day of dismissal (the last day of work) of the temporary employee will be the day preceding the day the main employee leaves maternity leave Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; ; Appeal decision of the Tula Regional Court dated November 27, 2014 No. 33-3260.

If, however, the contract with a temporary worker indicates that it terminates when a particular employee returns to work, then the day of dismissal (the last day of work) of the temporary worker will be the day the main employee leaves maternity leave. Art. 79 of the Labor Code of the Russian Federation; Appeal rulings of the Krasnoyarsk Regional Court dated 06/09/2014 No. 33-5452 / 14A-09; Moscow City Court dated April 16, 2015 No. 33-6310/15.

In any case, you are not required to notify the temporary employee of the dismissal and Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; Appeal ruling of the Chelyabinsk Regional Court dated July 17, 2014 No. 11-6967/2014. But for the future - ask the main workers to inform you in advance about leaving work so that you can warn temporary workers about dismissal 3 calendar days in advance.

Is it possible to dismiss a temporary employee if the main employee quit without leaving parental leave

L.A. Efremova, Togliatti

We have concluded a fixed-term employment contract with the employee for the period of maternity leave and maternity leave of the main employee. The main employee resigned of her own free will, without leaving the vacation. Do we need to fire a temporary employee at the end of the vacation of the main employee?

: If the main employee quit during the period of parental leave without a work permit, you have no reason to dismiss the temporary employee. After all, the basis for terminating an employment contract with a temporary worker has disappeared. And you just have to change the condition on the term of the contract by concluding an additional agreement with the temporary worker to the employment contract with Art. 58 of the Labor Code of the Russian Federation; Letter of Rostrud dated November 20, 2006 No. 1904-6-1.

It is possible to formulate a condition on the transformation of a fixed-term contract into a contract for an indefinite period as follows.

The employee and the employer agreed that the employment contract No. 10 dated April 30, 2013 was concluded for an indefinite period.

But if the main worker issued a job and then quit of her own free will, then the temporary worker must be fired due to the expiration of the employment contract and Appeal ruling of the Omsk Regional Court dated June 27, 2012 No. 33-3641/12.

A temporary worker on sick leave can be fired

ON THE. Kisileva, Pskov

Can we dismiss an employee due to the expiration of the employment contract concluded for 1 year, if he is sick and will not be at work on the last day of the employment contract?

: Yes, you can. After all, it is forbidden to dismiss during illness only at the initiative of the employer. And dismissal due to the expiration of the employment contract does not apply to such grounds. p. 2 h. 1 art. 77, articles 79, 81 of the Labor Code of the Russian Federation; Determination of the Moscow City Court dated May 24, 2011 No. 33-15449.

But the fact that the employee is sick does not relieve you of the obligation to notify him of the upcoming dismissal and Art. 79 Labor Code of the Russian Federation. You can send him such notification by mail or telegram. Some courts, in the absence of such notice, reinstate the employee at work. Determination of the Moscow City Court dated February 14, 2011 No. 33-2941.

If on the day of dismissal (the last day of the term of the employment contract) the employee does not come to work, send a notification to his home address by registered mail about the need to come to the employer for work book or agree to send it by mail Art. 84.1 of the Labor Code of the Russian Federation. On this day, you also need:, part 1 of Art. 7 of the Law of December 29, 2006 No. 255-FZ.

The allowance must be accrued no later than 10 calendar days from the date of submission former employee disability sheet. And you must pay him the allowance on the next day after the accrual of the allowance, set for the payment of salaries. Part 1 Art. 15 of the Law of December 29, 2006 No. 255-FZ.

When to fire an employee if the employment contract expires on a weekend

Fixed term contract ends on the weekend. What day to fire an employee?

: In such a situation, the end date of the term is considered to be the next business day following it Art. 14 Labor Code of the Russian Federation.

Is it possible to fire a former student due to the expiration of the employment contract?

S.A. Bragin, Vologda

Our company hired a full-time student on a fixed-term contract. Before the expiration of the employment contract, he was expelled from the university. Will we be able to fire him later due to the expiration of the employment contract?

: If the only reason for concluding an employment contract was that the employee is studying full-time, then after being expelled from the university, it is impossible to dismiss him due to the expiration of a fixed-term employment contract. After all, you no longer have the basis that served as the reason for concluding a fixed-term employment contract Art. 59 Labor Code of the Russian Federation.

A fixed-term employment contract becomes indefinite, which is formalized by an additional agreement to the employment contract. Above we gave an example of how you can formulate a condition on the term of the contract.

Is it possible to dismiss an employee who did not go to work on the last day of the contract term?

E.V. Mishukov, Astrakhan

3 days before the expiration of the employment contract, we warned the employee with whom a fixed-term employment contract was concluded about dismissal. He didn't show up for work the next day. Can we fire him if he doesn't show up on the last day of the contract, or should we wait until it's clear why he didn't show up?

: You can fire an employee on the last day of the term of the employment contract. Art. 79 Labor Code of the Russian Federation.

If you don’t do this, but you find out why he didn’t go to work, then the fixed-term employment contract will turn into an employment contract for an indefinite period Art. 58 Labor Code of the Russian Federation. And then you will not be able to dismiss the employee due to the expiration of the employment contract. p. 2 h. 1 art. 77 Labor Code of the Russian Federation. And you will have to look for other grounds for dismissing an employee as well. Determination of the Moscow Regional Court of August 18, 2011 No. 33-18584.

Is it possible to fire a “fixed-term” employee if the contract does not specify a period

K.A. Vakhteeva, Smolensk

We hired an employee to carry out reconstruction work, but did not indicate this in the contract, and also did not indicate the duration of the contract. Can we dismiss an employee at the end of the reconstruction due to the expiration of the employment contract?

: If the term of its validity is not specified in the employment contract, then the contract is considered concluded for an indefinite period Art. 58 Labor Code of the Russian Federation. That is, it is impossible to dismiss an employee in connection with the expiration of the employment contract. You can dismiss him only on the general grounds provided for permanent employees.

We count the days of unused vacation if the fixed-term contract is terminated before the expiration of 2 months

ON THE. Nakul, Ryazan

The employee was hired during the leave of the main employee to care for the child until the child reaches the age of 3 years. But a month and a half after going on vacation, the main worker returned to work. For which days to calculate compensation for a temporary worker for vacation: for working days or for calendar days?

: The fact that the contract with a temporary worker terminated already one and a half months after the start of the vacation does not mean that it was originally concluded for a period of up to 2 months. Therefore, you need to calculate compensation for unused vacation for calendar days, and not for workers, as when concluding an agreement for up to 2 months in articles 120, 291 of the Labor Code of the Russian Federation.