Fixed-term contract for a certain period. How to draw up a fixed-term employment contract correctly

An example of concluding a fixed-term employment contract: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to lay out beds, fertilize, plant strawberries, take care of them every day in order to ultimately get a good harvest. Naturally, one cannot cope alone, helpers are needed. Hundreds of people want to help you in a crowd, for a purely symbolic and modest monetary reward.

You gladly accept offers, but the question arises: how to properly formalize short-term industrial relations with people? You will only need their services for summer period, what if one of them doesn’t want to quit in the fall, simply saying: no, now give me a permanent salary!

Grounds for concluding a fixed-term employment contract

For what period is it concluded?

The maximum term of a fixed-term employment agreement is five years, the minimum period is unlimited ().

Features of a fixed-term employment contract

One of the features is the obligation to indicate the reasons why a contract with a limited duration is concluded. offers a complete list of grounds on which a fixed-term employment agreement is concluded. If the text of the document does not contain grounds for its conclusion, then by court it can be recognized as unlimited ().

It is necessary to specify the end date or indicate an event indicating the end of the work ().

Test for a fixed-term employment contract

The test in this case depends on the duration of the contract. If the period is less than two months, a trial period is not established ().

If the duration of the temporary contract is between two and six months, the trial cannot exceed two weeks ().

Fixed-term employment contract and pregnancy

Yes, it also happens... In this case, the employer, according to , will have to demand (but very gently!) from the employee an appropriate medical certificate confirming her interesting condition, and extend the temporary agreement until the end of the pregnancy, i.e. actually before birth. When the baby is born, you can say goodbye to her, but until that moment you can’t.

However, options are also possible. If, instead of a pregnancy certificate, a girl brings a temporary disability certificate form established by law, where pregnancy is indicated in the justification for its issuance, as well as a statement of desire to go on paid leave (it doesn’t matter how long she worked for you, even a week), the employer will have to prepare and sign the corresponding order. Because, according to Article 260 of the Labor Code of the Russian Federation, before maternity leave (or after it), the employer is obliged to provide the woman with annual paid leave, regardless of the time she worked for him.

Therefore, it turns out that instead of three summer months, some legally literate girls can hold out in temporary work longer.

Vacation on a temporary contract

Persons who have signed a temporary employment contract have the same rights as persons who have fixed production relations for an indefinite period.

Therefore, if the term of the temporary work agreement allows the employee to go on annual paid leave, the rest is provided on a general basis.

If the time frame does not allow, then upon dismissal the accounting department will provide the employee with appropriate monetary compensation.

Rules for dismissing a temporary employee

According to Article 79 of the Labor Code of the Russian Federation, a fixed-term contract ends with the expiration of its validity period; this is an independent basis for terminating a working relationship.

The employee is warned about the termination of the contract in writing at least three calendar days before his dismissal under a temporary employment agreement. You can download a free sample of a fixed-term employment contract with an employee for 2019 below.

New edition of Art. 59 Labor Code of the Russian Federation

A fixed-term employment contract is concluded:

for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts, containing labor law norms, collective agreements, agreements, local regulations, the employment contract preserves the place of work;

for the duration of temporary (up to two months) work;

to perform seasonal work, when due to natural conditions work can only be carried out during a certain period (season);

with persons sent to work abroad;

for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, professional training or additional vocational education in the form of an internship;

in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;

with persons sent by employment services to temporary work and public works;

with citizens sent to perform alternative civil service;

By agreement of the parties, a fixed-term employment contract may be concluded:

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 retail and consumer services - 20 people);

with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts Russian Federation, work of an exclusively temporary nature is permitted;

with persons entering work in organizations located in the Far North and equivalent areas, if this is associated with moving to the place of work;

to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

with creative media workers mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite commissions for regulation of social and labor relations;

with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

with persons receiving full-time education;

with crew members of sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;

with persons applying for part-time work;

in other cases provided for by this Code or other federal laws.

Commentary on Article 59 of the Labor Code of the Russian Federation

As mentioned above, the employment contract must also indicate the circumstances (reasons) that served as the basis for its conclusion. In this regard, we note again that the current version of Article 59 of the Labor Code of the Russian Federation contains a list of situations in accordance with which a fixed-term employment contract should or can be concluded.

We emphasize that an employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

Concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period is prohibited. The circumstances under which a fixed-term employment contract can now be concluded by agreement of its parties are set out in part two of Article 59 of the Labor Code of the Russian Federation. Upon expiration, a fixed-term employment contract can be:

terminated in the manner and on the grounds provided for by law, including early (both at the initiative of the employee and at the initiative of the employer);

by agreement of the parties extended for a new period (as fixed-term contract).

However, if, after the expiration of the fixed-term employment contract, none of the parties demanded its termination and the employee continues to perform the assigned work, then the condition on the fixed-term nature of this employment contract loses force and the latter is subsequently considered to be concluded for an indefinite period.

Another comment on Art. 59 Labor Code of the Russian Federation

1. Article 59 of the Labor Code of the Russian Federation in its previous version was based on the fact that a fixed-term employment contract could be concluded at the initiative of the employer or employee. Thus, the presence of initiative of the party (parties) to the employment contract was considered, along with the presence of a basis (reason) and an indication of the duration of the contract, as a prerequisite for concluding a fixed-term employment contract. However, in practice, such an instruction was not always possible to implement. Firstly, there are cases when the conclusion of a fixed-term contract is mandatory due to the direct instructions of the law. Secondly, the urgent nature of the contract in some cases is dictated by circumstances objective nature, the presence of which simply excludes the possibility of concluding an employment contract for an indefinite period.

Article 59 in the current version takes this into account. Accordingly, the entire list of reasons that may serve as grounds for concluding a fixed-term employment contract is divided into two parts. The first group of reasons objectively determines the fixed-term nature of the employment contract, regardless of the discretion of the parties. This conclusion is confirmed by the very wording of Part 1 of Art. 59 of the Labor Code, according to which “a fixed-term employment contract is concluded...”. If there are reasons related to the second group, an employment contract may be concluded by agreement of the parties.

In general, the list of grounds that determine the need or possibility of concluding a fixed-term employment contract has two features. On the one hand, in the wording of Art. 59 it is open. On the other hand, the list is supplemented exclusively by the state, and at a level no lower than federal law. In this sense, the list is closed, since it cannot be supplemented by either collective contractual or individual contractual regulation. In other words, no one except the state, and at the level of federal law, has the right to recognize this or that circumstance as a valid reason for concluding a fixed-term contract.

In this regard, the Code differs significantly from the previously existing labor legislation, which treated the question of the validity of the reason for concluding a fixed-term employment contract as a question of fact, i.e. as a fact subject to comprehensive assessment taking into account all specific circumstances. This approach is justified, since it is possible to judge with complete certainty the validity of the reasons for concluding an agreement only by studying all the circumstances. The legislator has significantly changed the approach to resolving this issue: the reason that is the basis for concluding a fixed-term employment contract is now legally formalized, and at the level of federal law. This, in turn, presupposes the existence of a corresponding list of grounds, and, as one might assume, a very extensive list. To some extent, Art. is intended to solve this problem. 59 Labor Code of the Russian Federation.

So, the conclusion of a fixed-term employment contract is conditioned by the presence of the grounds established in federal law. It follows that a written request from an employee to conclude an agreement with him for a certain period, as is sometimes the case in practice, is not enough. It is necessary that the employee's request be justified by the reason specified in federal law.

2. All grounds for concluding a fixed-term employment contract can be combined into at least three groups, determined by: a) personality characteristics ( legal status) employee or employer; b) limited time due to certain circumstances of the work activity for which the employee is involved; c) the place where the employee’s labor is used.

3. Part 1 art. 59 establishes a list of circumstances in the presence of which a fixed-term employment contract must be concluded. In other words, the conclusion of a fixed-term employment contract is determined not by the discretion (initiative) of the parties, but by the presence of objective circumstances that do not depend on their will.

There are at least two problems with this legal provision.

The first comes down to the question of what may be the consequences of the fact that the text of the employment contract as a written document does not indicate the fixed-term nature of the employment contract. If we approach this problem strictly formally, then we should come to the conclusion that in this case the employment contract should be considered concluded for an indefinite period (Part 3 of Article 58 of the Labor Code of the Russian Federation). However, one cannot fail to take into account that in the case under consideration, the employment contract by its nature is of a fixed-term nature and, therefore, cannot exist after the end of the circumstances that led to the conclusion of the contract. It seems that in this case one should proceed from the agreement of the parties regarding the fixed-term nature of the employment contract, even if this agreement was achieved not directly, but indirectly, in the form of silence. Accordingly, upon termination of the circumstances that served as the basis for concluding a fixed-term employment contract, it is subject to termination in the manner established by Art. 79 Labor Code of the Russian Federation.

The second problem comes down to determining the period for which an employment contract is concluded in the presence of the circumstances specified in Part 1 of Art. 59 Labor Code of the Russian Federation. As already noted, the legislator, formulating a list of such circumstances, proceeds from the fact that they objectively dictate the fixed-term nature of the employment contract, regardless of the will of its parties. If this is the case, then we should come to the conclusion that the duration of the employment contract is determined objectively and is limited by the time of existence of the relevant circumstance. In other words, when concluding a fixed-term employment contract in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation, the contract must be concluded in accordance with general rule for the entire period of existence of the circumstance that objectively determined the conclusion of a fixed-term employment contract, but no more than for the deadline established by law. For a period of shorter duration than the circumstances that led to the conclusion of a fixed-term employment contract, the contract can be concluded only at the motivated request of the employee.

4. Part 2 art. 59 of the Labor Code of the Russian Federation formulates a range of circumstances under which a fixed-term employment contract can be concluded by agreement of the parties. This wording of the legislator means that a fixed-term employment contract is concluded only if there is the will of the parties. Accordingly, the parties in this case have the right to conclude both an agreement for an indefinite period and a fixed-term one, and in the latter case they have the right to establish any period of validity of the employment contract within the maximum period established by law. The text of the employment contract as a written document should indicate the type of employment contract, the reason that led to the conclusion of a fixed-term employment contract and the duration of its validity (indicating a specific date or circumstances the occurrence of which determines the termination of the employment contract). Failure to comply with these requirements may, in the event of a dispute, result in the employment contract being recognized as concluded for an indefinite period.

In this regard, the Supreme Court of the Russian Federation reasonably points out that in accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation in cases provided for in Part 2 of Art. 59 of the Code, a fixed-term employment contract may be concluded without taking into account the nature of the work to be performed and the conditions for its implementation. It must be borne in mind that such an agreement can be recognized as legal if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. Accordingly, if the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of an agreement concluded for an indefinite period (parts 2 - 3, paragraph 13 of the Plenum Resolution Supreme Court RF dated March 17, 2004 N 2).

The material will address the following questions:

Fixed-term employment contract: advantages, disadvantages
Conclusion and termination of a fixed-term employment contract, legal aspects
Extension of a fixed-term employment contract (when a fixed-term contract turns into an open-ended one)

Fixed-term employment contract: period of conclusion

Cases and grounds when the parties must or can enter into a fixed-term employment contract are defined in Articles 58 and 59 of the Labor Code. When concluding a fixed-term employment contract, the employer is obliged to indicate in it the period of its validity and specific circumstances that prevent the conclusion of an employment contract for an indefinite period (clause 3, part two, article 57 of the Labor Code of the Russian Federation).

These circumstances mean special conditions performing work (not to be confused with working conditions - harmful, dangerous, difficult). In this case, we are talking about conditions that deprive the employer of the opportunity to establish a permanent relationship with the employee (for example, when performing temporary (up to two months) work).

The term of the employment contract in any case cannot exceed five years. However, it is possible to extend a fixed-term employment contract.

When is a fixed-term employment contract with an employee legal?

A fixed-term employment contract is, of course, a convenient tool for regulating labor relations, primarily for the employer. Despite the fact that the Labor Code strictly limits the list of cases in which such an agreement can be concluded, employers often set the term of the agreement without sufficient grounds.

Example

The employer entered into a fixed-term employment contract for two years with A.B. Maksimov, who receives a long-service pension. Three calendar days before the termination of the employment contract, the employer warned Maksimov about dismissal (part one of Article 79 of the Labor Code of the Russian Federation). The employee considered the employer’s position to be unlawful and indicated that fixed-term employment contracts can be concluded with old-age pensioners, and not with persons receiving a long-service pension (clause 2, part two, article 59 of the Labor Code of the Russian Federation). After listening to the employee, the employer was forced to agree with his opinion.

Please note: upon dismissal at the end of the contract, there is no need to pay the employee severance pay

Some employers prefer fixed-term employment contracts, assuming that then the employee is not entitled to benefits, and it will be easier to fire him. However, employees with a fixed-term employment contract are provided with the same rights and guarantees as those who work under an open-ended contract. Separately, it is worth mentioning the situation when the term of a fixed-term employment contract expires during the employee’s pregnancy. In this case, the employer is obliged to extend the fixed-term employment contract only until the end of the pregnancy (part two of Article 261 of the Labor Code of the Russian Federation).

Fixed-term employment contract: prohibition on conclusion under the Labor Code of the Russian Federation

The Labor Code has a direct prohibition on concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom regular employment contracts have been concluded for an indefinite period (part six of Article 58 of the Labor Code of the Russian Federation).

The obligation to prove the existence of circumstances that make it impossible to conclude an employment contract with an employee for an indefinite period rests with the employer. If such circumstances cannot be proven, it is assumed that the employment contract with the employee is concluded for an indefinite period.

When a fixed-term employment contract becomes indefinite

You need to choose the type of employment contract carefully: the fact of unreasonably concluding a fixed-term employment contract is one of the most common violations by employers. If there are sufficient grounds, the court will reclassify a fixed-term employment contract into an open-ended one, that is, concluded for an indefinite period. Moreover, based on a court decision, the employer may be held administratively liable for violation of labor legislation under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.

If a fixed-term employment contract does not indicate the period and circumstance that served as the basis for its conclusion, it will be considered concluded for an indefinite period

Let us highlight the main reasons for retraining an employment contract.

1. A fixed-term employment contract was concluded without legal grounds, that is, for a reason not provided for in Article 59 of the Labor Code. As a rule, in similar cases the employer, concluding a fixed-term contract, wants to avoid providing the rights and guarantees due to employees working under open-ended employment contracts.

2. The duration of the contract (or the work to be performed) is not specified. That is, the contract does not contain a reference to the event in connection with which it is terminated, or the date of termination of the employment relationship is not indicated.

Termination of a fixed-term employment contract is unlawful if it is recognized as indefinite

If the dismissal of an employee due to the expiration of a fixed-term employment contract is considered unlawful, the illegally dismissed employee has the right to be reinstated at work (the employment contract will be considered unlimited) and recover compensation from the employer for moral damages, average earnings during forced absence, expenses for lawyer’s services, etc.**

If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, found that the contract was concluded by the employee involuntarily, the rules of the contract concluded for an indefinite period*** will be applied.

Irina Akshanova - State labor inspector of the State Labor Inspectorate in Moscow:

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract (part one of Article 68 of the Labor Code of the Russian Federation). The content of this order (instruction) must comply with the terms of the concluded employment contract. If the employment contract does not indicate its validity period, the contract is considered concluded for an indefinite period (part three of article 58 of the Labor Code of the Russian Federation). If the employment order specifies the validity period of the employment contract, which differs from the period mentioned in the contract itself on the basis of which the order is issued, the latter is considered issued in violation (part one of Article 68 of the Labor Code of the Russian Federation). The employee will carry out labor activities under the conditions provided for in the employment contract concluded with him.

Termination of a fixed-term employment contract with a pregnant employee

Galia Izmalkova- Head of the HR Department of Risar LLC (Republic of Tatarstan, Kazan):

A fixed-term employment contract can be terminated before the end of the employee’s pregnancy. A woman working under a fixed-term employment contract can be fired before the end of her pregnancy if the employment contract is concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her to another job before the end of her pregnancy (part three of Article 261 of the Labor Code of the Russian Federation). In addition, any contract (fixed-term and open-ended) can be terminated by agreement of the parties (Clause 1, Part 1, Article 77 of the Labor Code of the Russian Federation).

Concluding a fixed-term part-time employment contract

Irina Orlova- HR manager of Volga LLC (Moscow):

If it is necessary to replace another employee, a second fixed-term employment contract (part-time) can be concluded with the temporary employee. There is another option: before the termination of a fixed-term employment contract, changes may be made to it by concluding an additional agreement. This does not contradict the Labor Code. The ability to make adjustments to the contract is provided regardless of its type (fixed-term or concluded for an indefinite period).

Fixed-term employment contract for the period of absence of another “fixed-term” employee

Maria Lapina- consultant on personnel administration of LLC "Industry" Business World"(Ufa):

An employee temporarily replacing an absent employee may go on sick leave. This situation arises in practice quite often. One of the options for solving this problem is to hire a new employee under a fixed-term employment contract for the period of absence of the first employee and the second employee temporarily replacing him (Article 59 of the Labor Code of the Russian Federation). For example, Ivanova, who was ill, was hired to replace Petrova, who was on maternity leave, under a fixed-term employment contract. Sidorova is accepted in her place under a fixed-term employment contract. In this case, the contract and employment order must indicate that the job was accepted for the period of absence of the employee holding this position. The employment contract with Sidorova will be terminated when one of the replaced employees starts working in this position (Article 79 of the Labor Code of the Russian Federation).

Today, it is a common practice to hire staff. Such a document allows you to agree on the responsibilities and rights of the employee and his employer, and establish the procedure for remuneration. There are several types of employment contracts.

Below are issues directly related to the procedure for conclusion and the specifics of its validity. Since the temporary nature of agreements between the parties does not guarantee stability, this document raises many questions among citizens.

An employment contract will ensure that the employee respects his rights

Each employment contract includes a number of mandatory points:

Deadlines for starting work.
Name of position, profession, qualification level.
Where will the work be carried out?
Rights, responsibilities groan.
Description of the characteristics of work, compensation in the presence of difficult conditions.
Payment procedure.
When will the employee be given rest, when should work begin and end?
Characteristics.

If one of the listed points is missing, the contract is said to have been drawn up with violations.

Features of a fixed-term contract

The main property of a fixed-term employment contract is that it is concluded for a certain period; when the specified period passes, the employment relationship ends. This type a contract is concluded if it is not possible to hire an employee on a permanent basis or there is no such need.

This often happens when performing work that is seasonal in nature, or in cases where a limited amount of work needs to be completed. There is no minimum time period for a fixed-term contract; the duration is limited to 5 years.

To perform a fixed-term contract, any workers with the required level of qualifications are used. To prevent a fixed-term contract from becoming a violation, you need to know in what situations it is possible to conclude it. The following are the moments when the type of work requires the preparation of fixed-term contracts:

If it does not take more than 2 months to perform professional duties.
If a team member is temporarily unable to begin performing duties, and it is impossible to replace him with other team members.
If the employee is working.
When operating a temporary organization.
If necessary, ensure the performance of work that does not correspond to the general profile of the enterprise.
To complete specific tasks within a limited period.
During an internship.
When employing a person referred by the employment service.
When employed as an alternative civil service.
Other cases that do not contradict current laws.

The employment contract should be studied very carefully

The restrictions mentioned above are not a significant obstacle to signing a fixed-term contract. This method of formalizing labor relations is very widespread.

This list can be expanded to include situations when an agreement is signed. They can be like this:

Hiring. If a person works on a permanent basis, then reaching retirement age is not considered a legal reason for transferring him to a fixed-term contract.
Employment for people with disabilities who, by law, have only temporary employment opportunities. In this case, a medical report drawn up in accordance with the requirements of current legislation is attached.
Employment in small business companies. In this case total quantity there should not be more than 20 employees.
Place of work - the Far North or regions with a similar status.
When hired to eliminate the consequences of disasters and emergencies.
Upon admission to a place on a competitive basis.
When employing creative workers and athletes.
Hiring managers, deputies, chief accountants, the type of enterprise does not matter, nor does the form of ownership.
Reception.

Drawing up a fixed-term contract

Fixed-term employment contract: sample

In contracts of this type, data similar to the unlimited option is recorded. The document must contain the following:

Full name of the person, his data;
information about the organization;
date, place of conclusion of the contract;
place of performance of duties;
all basic functions of the employee;
payment features;
information about the employee who is hiring;
characteristics of social insurance;
additional information about the nature of the work and special conditions.

In addition to the information listed above, the fixed-term contract also includes the following:

a description of the reason that became the basis for this method of hiring;
validity period (both a temporary designation and an indication of the implementation of specific amounts of work);
when hired for a period of 2 months - six months - the possibility of a probationary period of 2 weeks; for other terms of employment, the probationary period is made standard;
when hiring for temporary work - a description of the types of activities, expiration dates of the contract (no more than 2 months);
to fill out an order, take form T-1, T-1a, in which lines “from” and “to” are filled in detail, and the latter must contain all the specific information;
The work book is drawn up in the usual way; at the end of the contract, it is written: “... in connection with the expiration of the employment contract.”

Features of validity periods

Termination of a fixed-term contract occurs according to the specified date

The termination of a fixed-term contract is said to occur when the specified period ends. The wishes of the parties do not matter, but formally the employee or employer must express their intention to terminate the relationship.

Moreover, the dismissal takes place without. The only exception is compensation for vacation. The dismissal procedure itself under such circumstances is extremely simple. By law, the time frame of the contract varies up to 5 years. The document does not stipulate the terms of the work activity or its validity period is more than 5 years - it is considered unlimited.

All other time frames for drawing up a fixed-term contract only affect the procedure for establishing a probationary period. We can name other cases when a fixed-term contract begins to be considered unlimited.

If the inspection reveals violations related to the impossibility of concluding a fixed-term contract, it begins to be considered unlimited.

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

When violations are established that were committed by management in order to save on providing the employee with the necessary rights and guarantees usual for employment. An urgent option can be converted into an indefinite one, if there is the will of both parties.

Features of termination of a fixed-term contract

A fixed-term contract can be converted into an open-ended one

To terminate a fixed-term contract in compliance with all formalities, you must take care of the following:

When the validity period expires, the contract is terminated or issued for an indefinite period.
The reasons must be given.
The employee is notified of the termination of the contract no later than 3 days before the date. For this purpose a written notice is provided.
Basic requirements for written notification: full name, terms, full name of the organization, reasons that became the basis for termination of the contract. The form doesn't matter.
You can terminate the document earlier than the deadline specified in the document.
If an employee is hired for a permanent position after a fixed-term contract, dismissal is not required.
If a woman carrying a child works under a fixed-term contract, she remains employed in this position until the end of her maternity leave. She cannot be fired before this date. However, there are exceptions here too. If this woman is hired during the employee’s absence, and he returns to his previous position, then the pregnant woman is offered another position. If there is no vacant position suitable for her qualifications and health characteristics, then the contract is terminated.
If the contract period has expired, the employee has no right to insist on further work at this place. Management, in turn, cannot retain an employee or prevent his dismissal.
If the agreements have expired, the employee notified the employer that he was stopping work, worked the last scheduled day and did not come back, this cannot be designated as.
Work and rest schedule.

The following video will introduce you to the specifics of drawing up a fixed-term employment contract:

Employment contract (TD) is first and foremost 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, the person hired to work undertakes to perform certain types of work at the enterprise, prescribed in the terms of the contract, and also to follow all the norms and rules of the established routine.

The employer, for its part, is obliged to provide all working and rest conditions and adequately pay for the work functions performed by the employee.

TD can be:

Urgent, that is, which indicates specific deadlines for work;
Indefinite, that is, in such a contract the terms are not defined.

The STD must clearly state why the contract cannot be extended for an indefinite period. For example, when a person is hired during the illness of another employee, or seasonal work. The total term of the STD cannot exceed five years.

If the TD does not indicate the time frame for the work, then it will be considered unlimited.

Grounds for concluding the STD

These reasons can be divided into two groups:

When deadlines are set depending on the nature of the work being performed;
The conclusion of a fixed-term contract occurs by mutual consent of the employer and the employee.

Group 1 includes the following grounds:

For the period of absence of the main employee from the workplace, when his salary is retained. This may be when the main employee is absent due to illness, is in maternity leave, or on annual paid leave.
For the period of temporary work, such an agreement is concluded for a couple of months.
, implies several months during which the employee will work. For example, work on sowing or harvesting grain and other crops, during the heating season and other related weather conditions work.
When a person starts work, by order of the employment center.
If the work goes beyond the scope of the main work activity, the terms of which are discussed in advance. For example, installation work or reconstruction of any equipment.
Election to a position for an indefinite period, for example, election to a member of an election commission.
If a person goes to work abroad.
With persons for civilian alternative service.
With a person accepted into a sports organization.

When applying for a position in this way and concluding the STD, the employee’s consent should not be taken into account.

By agreement between the two parties to the employment relationship:

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

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

Features and procedure for concluding a STD

If an employee decides to get a job that is temporary in nature, he must provide a number of documents: passport, TIN, SNILS, work book, document on receiving any education, if any. Also, the hired employee can provide documents confirming that he has passed military service and obtaining qualifications for the position.

If a person gets a part-time job, he needs to provide a copy work book or a certificate from your main place of work.

The employee should write an application according to the sample for admission to the relevant position. The form of such an application is different for each organization. Such a statement must indicate the reason for the temporary nature of the work.

The employer must read these documents and decide to hire a person, notify him about the rules of work and rest in the workplace and directly about what the future employee will do, as well as familiarize him with local wage regulations.

The next step is drawing up and signing the STD.

When drawing up this document, you must indicate:

Last name, first name, patronymic of the hired employee;
Passport data and other details of the employee (residence address, age or date of birth, INN and SNILS, education);
Start and end of urgent work;
Place and time of drawing up and signing the contract;
If the contract is signed by a specially authorized person, this should be indicated.

The place of work must be indicated; this can be any structural unit of the company or branch in which the employee will work. You should also indicate the type of work and position held, as it is indicated in, its nature according to the qualifications held.

An important aspect when concluding such an agreement is the indication of the remuneration system, bonuses for hazardous work, for work at night, on holidays and weekends.

Next, you need to indicate how many working days a week and how many days off, the nature of the work may be shifts. To ensure the professional suitability of a given employee, a probationary period of work is indicated. Typically, a probationary period of up to three months is established, and when hiring a chief accountant or employee for the position of deputy director - up to six months.

If, when concluding a contract, no conditions or information about the employee were entered, this is not considered a reason for its non-conclusion. 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 for non-disclosure of state secrets, if necessary.

Next, the STD is signed by the two parties to the labor relationship and legalized with the official seal of the organization. Two copies of the agreement are drawn up, one of which is kept in the organization, the other is handed over to the hired employee.

The last stage in the formalization of labor relations is the issuance of an employment order. A copy of such an order, after three days from the date of hiring, is signed by the employee. A copy of the acceptance order is given to the employee.

STD terms

The maximum term of the 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 where 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 be effective in a number of cases:

By joint decision of the employee and his boss;
When an employee submits an application for early dismissal. Such an application is submitted two weeks before the date of dismissal;
At the initiative of the manager, but no less than 30 days before the end of the contract.

If the STD specifies the nature of the work, then its term ends upon completion of this work.

Advantages and disadvantages of STD

A CTA will be considered legal when it is concluded by mutual consent of the two parties to the employment relationship. If, upon starting to perform his work duties, a person did not know about the urgent nature of the contract, then he can appeal to the courts. The court will issue a ruling recognizing the STD as indefinite.

In the case when the worker has already begun performing his job functions, and the agreement has not yet been drawn up in writing, then the court recognizes it as unlimited.

The legality of the fact depends on the legality of the conclusion of the STD. If this nuance is not observed, the STD is recognized as indefinite and will require the employee to be reinstated to his previous job.

An important advantage when concluding a STD is the simple registration, and you also don’t have to pay compensation for unused vacation upon dismissal.

The disadvantage is the lack of competence of some employees in the legality of registration of STD, which is what employers take advantage of. Incorrect preparation of the form and content of the STD on the part of the organization entails the illegality of concluding this agreement.

Many directors try to enter into a STD in order to avoid providing a package of social guarantees 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 are provided with the same benefits. This is stated in Labor Code RF.

Often, an employer tries to manipulate an employee and enters into several agreements with one employee to perform the same work. In this case, the court recognizes the fact of concluding the STD for an indefinite period.

The main disadvantage for an employee is the ease of dismissal, if all legal rules for drawing up and concluding a labor agreement are followed. All basic payments for a temporary employee (vacation pay, temporary disability benefits, etc.) are calculated in the same manner as for main employees.

Important for the employee : if during the period specified in the STD, none of the parties to the employment relationship 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 pregnancy of an employee, as this entails a mandatory extension of the contract period with her. The company will also need to pay her all compensation 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 and norms established by law. Proper implementation of such rules will have a beneficial effect on the employee's performance of his duties and a satisfactory final result for the employer.