The employment contract is concluded for a fixed period. In what cases is a fixed-term employment contract mandatory? The disadvantages for the employee are

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 coming to 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 entering 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

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A fixed-term employment contract is drawn up as an exception, when labor Relations it is impossible to establish 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.

Summer is the time for vacations, seasonal and temporary work. During this period, fixed-term employment contracts are most often concluded. What are their features compared to perpetual contracts? What do employees and employers lose and gain when concluding a fixed-term employment contract? You will find answers to these and other questions in the article.

Labor legislation provides for two types of employment contract. According to part 1 of article 58 of the Labor Code of the Russian Federation, contracts can be concluded:

• For undefined period;
• for a specified period, but not more than five years. Let's talk more about a fixed-term employment contract.

When is a fixed-term contract concluded?

In some cases, the nature of the upcoming work or the conditions for its implementation do not allow formalizing an employment relationship with an employee for an indefinite period. Therefore, a fixed-term employment contract is concluded with him.

The grounds for concluding a fixed-term employment contract are listed in part 1 of article 59 Labor Code. And in part 2 of article 59 of the Labor Code of the Russian Federation, cases are prescribed when a fixed-term employment contract can be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of labor relations is exhaustive. This is also stated in the letter of Ros-Labor dated December 18, 2008 No. 6963-TZ.

Table.

Grounds for concluding a fixed-term employment contract
unconditional (part 1 of article 59 of the Labor Code of the Russian Federation)	by agreement of the parties (part 2 of article 59 of the Labor Code of the Russian Federation)
Temporary absence of the main employee Temporary work Seasonal work Work abroad Jobs outside the normal activities of the employer Temporary increase in production Employer established for a fixed period For the period of study and internship Election to office Ensuring the activities of elected bodies The direction of the employee by the employment authorities for temporary work Alternative civilian service	The employer is a small business entity The employee is retired Medical indications Execution of work requires moving to the regions of the Far North Urgent work to prevent disasters, etc. Election to a position on a competitive basis Creative professions in the media, cinematography, etc.* With managers, deputy heads, chief accountants The employee is undergoing training The employee is a part-time worker

* The list of works, professions, positions of creative workers was approved by the Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

If there are no specified grounds when registering an employment relationship, the employer cannot conclude a fixed-term employment contract with the employee. Otherwise, in a labor dispute, this fact will be qualified as a violation of the employee's rights. In addition, it is impossible to conclude fixed-term employment contracts repeatedly without a temporary break when it comes to employees performing the same job function. This, in particular, is stated in paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation" (hereinafter referred to as Resolution No. 2). Given the circumstances of the case, such contracts may be considered concluded for an indefinite period.

We draw up a fixed-term employment contract

Now let's move on to the execution of a fixed-term employment contract. As mentioned above, it is concluded only if there are grounds established by the Labor Code or other federal law. Therefore, when drawing up a contract, it is necessary to indicate for what reasons it is concluded with an employee for a certain period. This requirement set out in paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation.

Mandatory terms of an employment contract

A fixed-term employment contract, like any other, must contain mandatory conditions. According to part 2 of article 57 of the Labor Code, these are:

• place of work;
• labor function;
• date of commencement of work;
• salary;
• mode of operation;
• compensation;
• the nature of the work;
• condition on compulsory social insurance, etc.

How to determine the terms of the contract

The condition on the term of the employment contract is probably one of the most important points this document. Without it, the contract would not be considered urgent. Therefore, we will pay special attention to it. How to formulate a term condition? It all depends on the circumstances of the contract. Let's consider them.

The end date of the contract is set. If a specific date is set when the term of the employment contract ends, it must be written in the document. Recall that a fixed-term contract can be concluded for a period not exceeding five years.

In particular, the expiration date of a fixed-term employment contract is indicated in the case when an employing organization is created to perform specific work. Accordingly, employees will be hired for a period not exceeding their duration. This also applies to seasonal work (if the specific end date of the season is known) and elected positions.

Let's consider how a term record can be formulated using an example.

Example 1

L.D. Smekhov got a job at Veseli Gorki LLC (amusement park) as a janitor. The park is open to visitors from May 1 to October 1. The employer concluded a fixed-term employment contract with him for the period of the park operation. How to reflect the term condition in the document?

Solution

The clause of the contract, in which the condition on the term of its validity is written, will look like this:

"2. Contract time

2.3. The contract is concluded for five months for the period of operation of the amusement park from May 1 to September 30.

An end date for the contract has not been set. In some cases, it is impossible to determine the end date of the employment contract. Here are some typical situations when the contract prescribes a condition on its validity period, and not a specific date. So, the conclusion of a fixed-term employment contract is possible:

• in connection with the departure of the employee in maternity leave and parental leave;
• illness of an employee;
• performance of seasonal work.

In these cases, the expiration of the employment contract is associated with a specific event, for example, the return of an employee to work after a long illness. In this regard, Resolution No. 2 provides the following explanations. If a fixed-term employment contract is concluded for the performance of certain work, and the exact date of its completion is unknown, the contract terminates upon completion of this work by virtue of part 2 of article 79 of the Labor Code.

Example 2

Confectioner P.L. Pryanishnikova was accepted into Vanil LLC for the duration of the confectioner V.A. Kalacheva course of treatment in a hospital since August 1, 2010. With P.L. Pryanishnikova signed a fixed-term employment contract. How will the condition on the term of the contract be spelled out if it is not known exactly when V.A. Kalacheva will return to her workplace?

Solution

In the employment contract with P.L. Pryanishnikova should have the following wording:

"2. Contract time

2.1. The Agreement comes into force from the date of its conclusion by the Employee and the Employer (or from the date actual assumption the Employee to work with the knowledge or on behalf of the Employer or his representative).

2.3. The contract was concluded for the period of temporary disability of the confectioner V.A. Kalacheva, who retains her job.

2.4. The term of the contract is determined until the return of the main employee V.A. Kalacheva.

2.5. In the event that the main employee V.A. Kalacheva disability with limited ability to labor activity or dismissal, the Employer extends this contract with the Employee replacing him for an indefinite period.

Probation

Is it possible to install probation at the conclusion of a fixed-term employment contract? It all depends on how long and for what work the employee is hired.

Seasonal work. When concluding an employment contract for the duration of seasonal work, a trial period of more than two weeks cannot be established (Article 70 of the Labor Code of the Russian Federation). At the same time, the seasonality condition must be included in the text of the contract in accordance with Article 294 of the Labor Code.

Temporary work. When drawing up a fixed-term contract for the duration of temporary work (up to two months), a probationary period is not established (Article 289 of the Labor Code of the Russian Federation).

Other works. When concluding an employment contract for a period of two to six months, the test cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

Recall that according to Article 70 of the Labor Code of the Russian Federation, a test for employment is also not established:

• pregnant women and women with children under the age of one and a half years;
• persons elected on the basis of a competition for the relevant position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
• under the age of 18;
• graduates with state accreditation educational institutions primary, secondary and higher vocational education and for the first time entering work in the received specialty within one year from the date of graduation from an educational institution;
• elected to an elective position for a paid job;
• invited to work in the order of transfer from another employer as agreed between employers;
• to other persons in cases stipulated by the Labor Code, other federal laws, a collective agreement.

The trial period cannot exceed three months, and for the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law.

We draw up a fixed-term employment contract

Let's proceed directly to the design of the document. As we have already noted above, all mandatory conditions must be included in it.

Particular attention should be paid to the reasons why a fixed-term employment contract is concluded, and to the timing of its expiration. Let's take this document as an example.

Example 3

Civil engineer E.V. Nezabudkin was hired by Project-Design LLC, created specifically to serve international youth sports games"Sportlantida", planned in Volgograd in August 2010. Preparation for them began in January 2010, construction works must be completed on July 15, 2010. The organization will function until July 31, 2010. With E.V. Nezabud-kin need to conclude a fixed-term employment contract for the period of existence of this organization. How to compose it?

Solution

The fixed term contract is below.

Entry in the work book upon employment

According to clause 4 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, information about the employee, the work performed by him, transfer to another permanent job, dismissal, as well as the grounds for termination of the employment contract and information on the award for success in work.

Accordingly, if a fixed-term employment contract is concluded with an employee for any period, it is necessary to make an entry about this in the work book or start a new one, if there is none. The employer must make a record of hiring a conscript in the work book if he has worked for him for more than five days and this work is the main one for this employee. This is the requirement of paragraph 3 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

However, this does not mean that it is necessary to indicate in the work book that it is a fixed-term employment contract that has been concluded. Also, attention is not focused on the fact that an employee, for example, replaces an absent specialist. It is enough to make a standard entry, for example: “Employed as a mechanic”, indicating the serial number of the entry, the date, as well as the details of the employment order. This, in particular, is stated in the letter Federal Service on labor and employment of 04/06/2010 No. 937-6-1.

Vacation of a conscript worker

An employee who has entered into a fixed-term employment contract is generally granted annual paid leave with the preservation of the place of work and earnings (Article 114 of the Labor Code of the Russian Federation). Its duration is at least 28 calendar days per working year (Article 115 of the Labor Code of the Russian Federation). If the employee has worked less than a year, the duration of the vacation is calculated in proportion to the hours worked.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work for this employer(part 2 of article 122 of the Labor Code of the Russian Federation).

Holidays are paid on the basis of the average wage, which is calculated according to the rules established in Article 139 of the Labor Code, as well as in the Regulation on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

In accordance with Part 1 of Article 128 of the Labor Code of the Russian Federation for family reasons and other valid reasons, an employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the rules of internal work schedule employer.

Extension of a fixed-term employment contract

In what cases can a fixed-term employment contract be extended? Let's consider several situations.

Mandatory extension of the contract

Validity of a fixed-term employment contract without fail can be extended only in one case - if it coincides with the period of pregnancy of the employee. In this situation, the employer is obliged to extend the term of the employment contract until the end of the pregnancy. This is stated in part 2 of article 261 of the Labor Code.

The employee must submit a written application and bring a medical certificate confirming the state of pregnancy2.

Extension by agreement of the parties

Part 4 of Article 58 of the Labor Code states the following. In the event that none of the parties demanded the termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work, the condition on the urgent nature of the employment contract becomes invalid. After that, the employment contract is considered concluded for an indefinite period. Does the fact of changing the status of a fixed-term contract to an open-ended contract need to be documented?

In fact, the change in the status of the contract occurs automatically. After that, the conscript employee is subject to the labor law norms that are provided for employees who have concluded open-ended employment contracts. For example, such an employee can no longer be fired on the basis of the expiration of the employment contract (clause 2, article 77 of the Labor Code of the Russian Federation).

However, in this case, it is desirable to draw up a number of documents. Such recommendations are given in the letter of Rostrud dated November 20, 2006 No. 1904-6-1.

First of all, this is an additional agreement to the employment contract. It is possible to give the following wording in it: "To state paragraph No. ... in the following wording:" This employment contract is concluded for an indefinite period "".

Fixed term contract with pensioner

Often, employers enter into fixed-term contracts with pensioners. At the same time, many believe that this is the only form of relationship with this category of workers. However, it is not. The Ruling of the Constitutional Court dated May 15, 2007 No. 378-O-P states that when concluding an employment contract with a pensioner, a period can be set only by agreement of the parties. A similar conclusion is contained in paragraph 13 of Resolution No. 2.

Therefore, it is possible to conclude employment contracts with pensioners for an indefinite period. There is also no need to dismiss an employee who has received the status of a pensioner and conclude a fixed-term contract with him. He can continue to work on the basis of a previously concluded open-ended contract.

Termination of a fixed-term employment contract

Labor contract with a conscript employee is terminated due to the expiration of its validity. This is stated in part 1 of article 79 of the Labor Code of the Russian Federation. The procedure for terminating a fixed-term employment contract is regulated by Article 79 of the Labor Code of the Russian Federation. The termination of the employment contract after the expiration of the term of the employee is warned in writing at least three calendar days before being fired. Only in the case when a fixed-term contract is concluded with an employee for the period of replacement of an absent specialist, the employer may not warn him in advance.

The notification is made in any form. It must specify the term for terminating the contract and the rationale (for example, in connection with the completion of work).

Dismissal order

After the employee is notified of the expiration of the employment contract and there are no obstacles to its termination, the manager issues an order to dismiss the employee. For this, there are two unified forms No. T-8 and T-8a (in the event of the dismissal of several employees), which are approved by the Decree of the State Statistics Committee of Russia of 01/05/2004 No. 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment."

A fixed-term employment contract may also be terminated on the general grounds established in Article 77 of the Labor Code of the Russian Federation, namely:

• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);
• the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

Entry in the work book

On the day the employment contract is terminated, the employee must be given a work book in his hands (part 4 of article 84.1 of the Labor Code of the Russian Federation).

According to paragraph 5.2 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69, upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation, a dismissal entry is made in the work book with reference to the corresponding paragraph of this article.

On a note
When to fire an employee if a fixed-term employment contract terminates on a holiday or weekend? According to Article 14 of the Labor Code of the Russian Federation, the expiration date of the employment contract, if the last day is a non-working day, is considered the next working day following it.

In the event of the dismissal of a conscript employee, when making an entry on the termination of a fixed-term employment contract, it is necessary to refer to paragraph 2 of part 1 of article 77 of the Labor Code of the Russian Federation. The wording will look like this: “Fired due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation.”

After receiving the work book, the employee must sign in the book of accounting for work books and inserts to them in the form approved in Appendix 3 to the Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69, and on the last page of the personal card, the unified form of which No. T-2 was adopted by the Decree Goskomstat of Russia dated 05.01.2004 No. 1.

If temporary disability coincided with the expiration of a fixed-term contract

If the employee is on sick leave at the time when his contract expires, the fixed-term employment contract is not extended. An employee is fired for general reasons. However sick leave must be paid. Article 183 of the Labor Code of the Russian Federation obliges the employer to do this. It states that in the event of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.

In turn, in paragraph 2 of Article 5 federal law dated December 29, 2006 No. 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” states that temporary disability benefits are paid to insured persons not only during the period of work under an employment contract, but also in cases where illness or the injury occurred within 30 calendar days from the date of its termination.

Taxation and accounting of payments upon dismissal

Labor legislation requires the employer on the last working day of the employee to pay him wages for hours worked (Article 140 of the Labor Code of the Russian Federation) and compensation for unused vacation (Part 1 of Article 127 of the Labor Code of the Russian Federation). It is permissible to establish other payments in a collective or employment agreement.

Thus, part 4 of article 178 of the Labor Code states that labor or collective agreements can establish not only the payment of severance benefits not provided for in parts 1-3 of article 178 of the Labor Code of the Russian Federation, but also increased amounts of severance benefits.

Upon dismissal, the employee is paid wages for the time worked, compensation for unused vacation, and in some cases - severance pay.

The first two payments are subject to:

• personal income tax (clause 1, article 210 of the Tax Code of the Russian Federation);
• insurance premiums (clause 1, article 7 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Territorial Compulsory Medical Insurance Funds).

The amounts of wages and compensation are included in the taxpayer's expenses for wages (part 1 of article 255 of the Tax Code of the Russian Federation).

Wages are subject to contributions for injuries (clause 3 of the Rules for the calculation, accounting and spending of funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases, approved by Decree of the Government of the Russian Federation of 02.03.2000 No. 184).

Compensation is not subject to injury contributions (clause 1 of the List of payments for which insurance premiums in the FSS of Russia, approved by the Decree of the Government of the Russian Federation of 07.07.99 No. 765).

Severance pay within the limits is not subject to personal income tax, insurance premiums (subparagraph “e”, paragraph 2, part 1, article 9 of the Federal Law of July 24, 2009 No. 212-FZ), is not subject to injury contributions (paragraph 1 of the List of payments , for which insurance premiums are not charged to the FSS of Russia), reduces the taxable base for income tax as part of labor costs (clause 9, article 255 of the Tax Code of the Russian Federation).

In accounting, wages, severance pay and compensation for unused vacation are related to expenses for ordinary activities (clause 5 PBU 10/99).

The accrual and payment to their employee is reflected in the following entries:

DEBIT 20 (23, 25, 26, 29, 44) CREDIT 70 - payments to the employee upon dismissal were accrued;

DEBIT 70 CREDIT 68 sub-account "Personal income tax settlements" - personal income tax withheld from payments that are subject to this tax;

DEBIT 70 CREDIT 50 (51) - payments to the employee were issued (listed).

Gavrikova I. A., senior scientific editor of the journal "Salary"

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 own will.

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 are legal grounds for this.

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,

Pros and cons

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:

• lack of probation;
• 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 receive severance pay in full with a 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, for one month, contracts with ordinary workers, 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 creative professions and those who took the 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 certain time. 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

On what period?

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;
• employment history, in the presence of;
• 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. As a rule, a unified form T-1 or T-1a is used for this. 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 composing a text temporary agreement it must 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.

The Labor Code of the Russian Federation gives the right to employers to draw up fixed-term employment contracts. But this can be done only if there are grounds specified in the legislation. That is, the management of the enterprise cannot conclude a temporary employment contract with any person, at will.

Who and with whom can conclude such a document?

A fixed-term employment contract is concluded between the parties to the employment relationship, that is, between the employee and the employer. To conclude such an agreement, there must be a legal basis, the employer cannot make an employee based only on his desire.

If the contract does not specify such a basis or it does not correspond to reality, the contract can be recognized and the employee becomes permanent.

Pros and cons

The main advantage of a fixed-term employment contract for the employer is that the period of work for a person is limited, after it ends, he should not renew his employment relationship with him.

Also, employees who have entered into contracts for a period of less than six months may not be paid the full reduction benefit or not be warned if the contract expires earlier than two months, that is, before the date of reduction.

For an employee, a fixed-term employment contract has practically no advantages, with the exception of the fact that under a contract the term of which is less than two months, it is not established, and you can quit with just three days' notice.

Conditions for issuing a fixed-term employment contract

The main condition that makes it possible to conclude a temporary employment contract with an employee is the presence legal basis which must be specified in the text of the contract.

Foundations

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

1. , which retains space.
2. Perform temporary and seasonal work. In this case, the work must necessarily be of a pronounced temporary nature or be seasonal.
3. Performing work that is not the main activity of the enterprise.
4. Performing work in organizations or workplaces that were originally created for a certain period of time.
5. Citizens whom the enterprise sends to work outside the country.
6. Election to an elective office or elected body.

For these reasons, the employer may conclude an employment contract without the consent of the employee.

In addition, there are grounds on which the employment contract may be temporary if the parties have agreed on this.

In practice, when hiring, the employer announces his intention, and the employee may agree or not.

In case of disagreement, he is simply not hired due to the lack of agreement between the parties.

These grounds include the following:

1. With pensioners by age who are registered for work.
2. With workers taking jobs in companies that can be classified as micro-enterprises.
3. With managers, their deputies and chief accountants.
4. With partners.
5. With full-time students.
6. With persons who occupied the vacancy as a result of competitive selection.
7. If the work has special conditions (creative work, work on sea ​​vessels and in the Far North, preventing the consequences of accidents and disasters).

If the reason is not specified, then it is considered that the contract is concluded as temporary without legal grounds.

Required documents

The fact of concluding a temporary contract is also reflected in several other documents.

Statement

The application form is not approved, as is not approved what the employee must. But in practice it is much more convenient when this fact is reflected. For example: I ask you to accept me as an accountant during the absence of a permanent employee.

The rest of the application is written in the usual manner.

Order

After an employment contract is signed with the employee, an order is drawn up for his admission. Usually use the unified form T-1. It indicates that the employee was hired for a while, and for what reason. If the date of dismissal is determined, then it is also indicated in a special cell.

On the basis of the order, an entry is made in the work book, but it does not indicate that the work is temporary.

The nuances of the conclusion with different categories of citizens

Separately, it is necessary to consider several categories in respect of which there are nuances when concluding an employment contract for a certain period.

Minors

The Labor Code of the Russian Federation does not indicate that the employer does not have the right for employees to have fixed-term contracts. Accordingly, persons under 18 years of age can also be employed for a certain time, if there are grounds for this.

But at the same time, the employer must comply with all the conditions that are determined by chapter 42 of the Labor Code of the Russian Federation:

1. Work must not be dangerous or harmful.
2. The working day should not exceed the norms that are established for a certain age.
3. Minors may not be sent on business trips or employed at night.
4. It is also prohibited to engage in overtime work and work on weekends and holidays.

Termination of labor relations due to the expiration of the employment contract does not apply to the initiative of the employer, which means that in this case this procedure is possible without the involvement of the labor inspectorate and the commission on minors.

Pregnant women

Obliges the employer to extend the contract with a pregnant woman until the end of her pregnancy, that is, until childbirth. If a woman receives sick leave for pregnancy and childbirth and goes on appropriate leave, then the contract is extended until it ends. If she returns to work after giving birth, the employer can terminate the contract with her within 7 days.

Read also: Conclusion of a part-time employment contract in 2020

In order for the contract to be extended, the employee must do the following:

1. Write an application for an extension indicating the reason.
2. Attach a certificate of pregnancy to the application.

The employer has the right to require a certificate of pregnancy every month until its completion.

If the employer does not have the opportunity to extend the employment contract of the pregnant woman, for example, in the event of the departure of the main employee, then before dismissal, he must offer her all available vacancies that suit her, taking into account her position.

pensioners

By agreement of the parties with pensioners by age, a fixed-term contract can be concluded. The term of such an agreement is limited only to a maximum limit of five years.

It is possible to conclude a fixed-term contract with a pensioner only if he finds a job at a new job. If at the time of retirement age he worked in an organization and had an indefinite employment contract, then he cannot be transferred to temporary work.

Leaders

An employment contract with a manager can be temporary for two reasons:

1. By agreement of the parties.
2. In the case when the position of the head is elective.

According to Article 275 of the Labor Code of the Russian Federation, the validity period of such an agreement must be determined by the statutory or other local regulatory documents, respectively, it can be concluded for more than 5 years.

Payment Features

Temporary workers are paid on the basis of the regulations in force in the organization. But at the same time, there are certain nuances when paying vacation compensation.

Compensation for unused vacation

The Labor Code of the Russian Federation makes a reservation only regarding vacations for employees who have concluded an employment contract for less than two months or their work is seasonal. In this case, they are granted leave (compensation) at the rate of 2 calendar days per month, and not 2.33 as in all other cases.

For all other categories of employees who have concluded temporary employment contracts, the general principles for calculating vacations and compensation for them apply.

Vacations and sick days

Since, for obvious reasons, temporary workers may not fall into vacation schedules, they can be provided with rest only in agreement with the employer, especially for those categories whose employment relationship does not exceed six months.

During the period of temporary incapacity for work, temporary employees are subject to all the benefits due to the main employees. That is, they retain their jobs and receive benefits.

If the employment contract ended while the employee was on sick leave, the employer still has the right to dismiss him. Moreover, if this is not done, the contract may be recognized as open-ended due to the fact that none of the parties initiated its termination after the expiration date.

Termination Features

If after the deadline, the employer must notify the employee 3 days in advance, if possible. This becomes impossible if the contract does not indicate a specific date, but the occurrence of a certain event, for example, the exit of the main employee.

Companies do not always need a constant number of employees to be successful. Business interests require the performance of some work with different volume and intensity only in limited calendar periods. In this case, the number of personnel required for their implementation may fluctuate and it is not advisable to conclude an employment contract without a validity period with some employees. For such situations, the legislation provides for the possibility of using a fixed-term employment contract.

Content and conditions for the application of fixed-term contracts

The legislation does not allow the employer to impose temporary cooperation on applicants. It clearly states that a fixed-term employment contract may be entered into in circumstances where:

• • The nature, the number of planned works and the conditions for their implementation do not make it possible to hire personnel for an unlimited period (part 1 of article 59 of the Labor Code of the Russian Federation);
  • An agreement was reached between the employer and the employee on the limited duration of their future cooperation (part 2 of article 59 of the Labor Code of the Russian Federation).

The circumstances under which the employer is obliged to conclude a temporary contract and when it is permissible to do so by mutual agreement are clearly distinguished (see table 1).

Circumstances requiring the mandatory conclusion of an employment contract for a limited period	Cooperation for a limited period is formalized by agreement of the parties
1. When registering for the period of absence of an employee, if he retains his place of work (maternity leave, parental leave)	1. When hiring for representatives of small businesses with a total staff of up to 35 people (for trade and services up to 20 people)
2. For works of a limited scope in a certain calendar period up to 2 months or more, based on the parameters of a natural character	2. With working pensioners, as well as those who, at the direction of a doctor, can work for a limited time
3. When performing duties on the territory of a foreign state	3. If for employment it is necessary to migrate to the regions of the Far North
4. When carrying out installation, commissioning and other activities to expand production, with a known limited time implementation	4. In case of involvement of personnel to prevent man-made accidents, epidemics, as well as to eliminate the consequences of emergency events
5. If the organization is initially created to perform temporary work or for a limited period	5. When elected by competition held in accordance with legal regulations to replace a vacant position
6. If a citizen is hired to perform a certain amount of work, while the exact date of their completion is not known	6. With workers of creative professions in the field of mass media, cinema, theater
7. For the period of work experience, study or internship	7. With the top management of companies ( CEOs, chief accountants and their deputies)
8. When elected to work in an elective position or in an elective structure for a predetermined period	8. With citizens studying at the university at the full-time department
9. When referred to seasonal or temporary work from the employment service	9. With teams of sea ships
10. When undergoing civilian alternative service

A written agreement concluded for a certain time period must contain (paragraph 4, part 2, article 57 of the Labor Code of the Russian Federation):

• • The reasons due to which the time of its application is limited;
  • A date or other parameter indicating the moment when it expires.

Attention!

If the employer does not indicate the circumstances that prompted him to resort to labor relations of a temporary nature, the contract may be recognized by the court as termless. If the expiration date of the contract is not reflected, it is also recognized as valid indefinitely.

A fixed-term employment contract can be signed for a period of time within 5 years. The total duration of cooperation between the employer and the employee is fixed both by a clear date and by the performance of any action after which it will be completed (part 2 of article 14, article 79 of the Labor Code of the Russian Federation, letters from Rostrud dated December 28, 2006 N 2264-6- one).

The procedure for concluding a contract for a certain period

The process of hiring temporary employees is no different from the procedure for registration under a contract without an expiration date. It includes:

• • • Acceptance of an application (optional), in it, among other things, the employee records that he wants to go to work for a certain time due to the presence of one of the circumstances specified in Art. 59 of the Labor Code of the Russian Federation;
    • The conclusion of an employment contract with the obligatory indication of the motives for formalizing a relationship of limited duration and a clear time of its validity;
    • Creation of an administrative document on enrolling a candidate in a free form or using a unified form No. T-1;
    • Reflection of information about hiring in the work book.

The application is not binding document However, in practice, employers often require it to be written. Before signing the contract, the employee must be familiarized with local acts companies in the field of labor relations: collective agreement, provisions on remuneration and bonuses, internal labor regulations, approved working regimes.

What to indicate in a fixed-term employment contract, in addition to standard conditions

Important!

If a citizen actually began to fulfill his labor functions at the employer, the contract and the order for admission must be executed without fail no later than 3 days from the date of commencement of work (Article 67 of the Labor Code of the Russian Federation). In reality, the contract is most often signed on the day of execution.

Everything is written in the contract the necessary conditions, including the reasons for applying its temporary form and the deadline for its completion. The description of the circumstances that prompted the employer to use the urgent option of labor relations occurs on the basis of the wording specified in Art. 59 of the Labor Code of the Russian Federation.

Option:

“The fixed-term employment contract was concluded in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation for the temporary performance of the duties of an absent employee Varfolomeeva Elena Vitalievna, who is on parental leave until he reaches the age of 3 years"

The time limit for a contract can be specified either by a fixed date or by an event that terminates it. For example, "before leaving parental leave Varfolomeeva Elena Vitalievna." A probationary requirement may also be included in the text of an employment contract for a limited period. But some limitations should be taken into account:

• • • If the contract execution period is within a two-month period, then the test is not established (part 4 of article 70 of the Labor Code of the Russian Federation);
    • With a cooperation duration of more than 2 months and up to six months, the period for testing skills cannot exceed 2 weeks (part 6 of article 70 of the Labor Code of the Russian Federation);
    • By contractual relations lasting more than six months, a standard period for checking a candidate for professional suitability can be approved, for ordinary employees not exceeding 3 months (part 5 of article 70 of the Labor Code of the Russian Federation).

Features of drawing up an order for admission to temporary work

In the text of the employment order, in addition to the standard details, it is necessary to focus on the fact that the worker has been hired for a limited time period and the period of the employment relationship will end on a certain date or event. For example, “during the performance of the duties of Varfolomeeva Elena Vitalievna, who is absent due to being on leave to care for a child until she reaches the age of 3 years” or “to perform seasonal work to pick berries”

The termination date of the employment relationship in the order must be completely identical to that specified in the contract. This can be either a specific date or an event after which the need to attract temporary staff disappears, for example, "until the clean-up work is completed."

How to issue a work book with a fixed-term employment contract

Information on admission to the work book is entered in the usual manner, without indicating the temporary nature of employment. It must be issued no later than one week after the issuance of the order for employment (clause 10 of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

An indication in the work book for the duration of the contract is regarded as a violation of labor legislation and may lead to the employer being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Important!

An indication in the work book for the duration of the contract is regarded as a violation of labor legislation and may lead to the employer being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

An example of a correct entry.

N records	the date			Information on hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and referring to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
	number	month	year
1	2			3	4
				Society with limited liability Polet (Polet LLC)
11	22	11	2019	Hired in the porridge packing shop as a packer	Order dated November 22, 2019 No. 143-p

How is dismissal with a fixed-term employment contract

As a general rule, it is necessary to terminate the employment relationship at the time of the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation). This does not deprive both the employee and the employer of the right to early termination of cooperation, before the end of its validity period on a general basis:

• • • at the initiative of the employee himself;
    • at the will of the employer in connection with gross violations committed by the employee;
    • by agreement of the parties to the relationship.

If the worker remains to perform his duties after the expiration of the contract, then he is automatically retrained as a prisoner for an indefinite period. In the event of a date or event ending the term of the contract, the employer must carry out a certain list of legally regulated actions. Their sequence will be as follows:

• • • Notify the employee in writing of the dismissal no later than 3 calendar days before the expiration date of the contract (Article 79 of the Labor Code of the Russian Federation);
    • Issue a letter of resignation own development or using unified form No. T-8;
    • Make an appropriate entry in the work book and personal card of the employee;
    • Settle with the employee for the remaining unpaid part of the salary on his last working day, including compensation for unused vacation;
    • On the day of parting, issue all documents: work book, SZV-M; SZV-STAZH, DSV-3, an extract from the calculation of insurance premiums.

Sick leave is not an obstacle to termination of employment contracts after the end of the period of its application. In this case, the procedure is no different from that described above, but at the same time, the sick person must be paid disability benefits in full.

Specializes in labor law, accounting, business economics, labor economics, personnel management.
Higher economic education. 17 years of experience successful work in various positions in accounting departments, financial department, department of labor and wages. Currently working as a Labor Economist and wages in a large manufacturing company.