Fixed-term employment contract - for the time being? Fixed-term employment contract. How to conclude, change and terminate a fixed-term contract

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 2019.

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What is a fixed-term employment contract: pros and cons

A fixed-term (temporary) employment contract has a limited duration. The contract is considered as open-ended if it does not say that it is urgent, the reason for the urgency is not indicated and there is no date or event upon the occurrence of which the employment relationship should be terminated (part 3 of article 58 of the Labor Code of the Russian Federation).

A temporary employment contract is beneficial, first of all, to the employer - it expands the list of grounds on which an employee can be fired. All that is needed for dismissal is to wait for the expiration of the period specified in the contract and notify the employee about it three days in advance. How this happens in practice, read the article "". In addition, upon dismissal as part of the liquidation of an enterprise, staff hired for a period of up to two months may not be paid severance pay.

Cons of a fixed term contract

1. Maximum allowablefixed term contractlimited. It is possible to establish an employment relationship for a longer period by concluding a new contract or retraining an existing one into an indefinite one. This is not always convenient.

2. If you miss the deadline and do not issue a dismissal on time, labor relations are transformed into indefinite. From this point on, it is possible to dismiss an employee only on general grounds.

Otherwise, the set of labor and social guarantees provided to the employee by a fixed-term contract does not differ from the standard one. Temporary and seasonal personnel are entitled to paid holidays, sick leave, all allowances and compensations required by law.

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 in a mandatory or voluntary. 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).

When is a fixed-term contract required?

• Seasonal or temporary (up to two months) work.
• Work abroad.
• The employee was sent by the employment service for temporary employment.
• Alternative civilian service.
• The employee performs work within vocational training, industrial practice, internships.
• The employee is elected to an elective position.
• An employee enters an organization established for a limited period of time 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)

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.

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

The Alfa company entered into an employment contract for 1 year with the watchman 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 work book . The information in the columns of the document should be consistent with other executed documents, including fixed-term contract and a job order. 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.

More about the terms of a fixed-term employment contract:

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

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

1. Article 59 of the Labor Code of the Russian Federation contains two parts, each of which provides different kinds works (cases) for the performance of which a fixed-term employment contract is concluded with the employee.

The lists of works (cases) provided for in both Part 1 and Part 2 are not exhaustive. The Labor Code or other federal laws may also provide for other cases where the conclusion of a fixed-term employment contract is either mandatory by law or is allowed by agreement of the parties to the employment contract. Since the article refers to the Labor Code or other federal law, neither the law of the constituent entity of the Russian Federation, nor the decree of the President of the Russian Federation, nor the decree of the Government of the Russian Federation, nor any other subordinate regulatory legal act can establish any additional grounds (cases) for concluding a fixed-term employment contract .

2. Cases (types of work) listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation, meet the general criterion for concluding a fixed-term employment contract, formulated in Part 2 of Art. 58 TK. That is, all the cases listed in it determine the urgent nature of the labor connection.

Thus, the conclusion of a fixed-term employment contract in the cases listed in paragraph 1 of this article is due to the very nature of the work or the conditions for its implementation, and therefore is mandatory.

Part 1 Art. 59 of the Labor Code of the Russian Federation names 11 specific cases when a fixed-term employment contract is concluded with an employee:

• 1) for the period of performance of the duties of a temporarily absent employee. Such an employment contract is concluded when, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained (for example, while the employee is on a long business trip , on maternity leave). The term of the employment contract in this case is made dependent on the time of the return of the absent employee to the performance of his labor (service) duties. Since the law speaks of the temporary absence of an employee who retains the place of work (position), a fixed-term employment contract cannot be concluded to perform duties in a vacant position until another permanent employee is hired for this position;

2) to perform temporary (up to 2 months) work, as well as seasonal work, when, due to natural conditions, work can only be done during a certain period (season), usually not exceeding 6 months (see comments to Art. 293).

The conclusion of a fixed-term employment contract for a period of up to 2 months is possible provided that the work is obviously temporary in nature, i.e. it is known in advance that it will last no more than 2 months (for example, during the preparation annual report). At the same time, in the contract, by agreement of the parties, a specific term of the employment contract must be determined within 2 months (3 weeks, 1 month, 1.5 months, etc.).

It will be illegal to conclude a fixed-term employment contract for up to 2 months to perform work that is permanent for the employer.

The conclusion of a fixed-term employment contract for the performance of seasonal work is allowed provided that these works are provided for by a special list of seasonal work. Lists of seasonal work, incl. certain seasonal works, which can be carried out during a period (season) exceeding 6 months, and the maximum duration of these separate seasonal works are determined by sectoral (intersectoral) agreements concluded on federal level social partnership (part 2 of article 293, see comments to it).

The conclusion of a fixed-term employment contract for a certain season to perform work not covered by the named list will be considered illegal;

• 3) with persons sent to work abroad. It does not matter to which organization abroad the employee is sent. These can be diplomatic missions and consular offices of the Russian Federation abroad, as well as representative offices of federal executive authorities and public institutions RF, commercial organizations, scientific and educational institutions and etc.;

4) for carrying out work that goes beyond the normal activities of the employer, as well as for carrying out work related to a deliberately temporary (up to 1 year) expansion of production or the volume of services provided.

In this case, the usual activities of the employer should be understood as such types of work that correspond to the main activities of the organization, enshrined in its charter.

As an example of work that goes beyond the normal activities of the organization, the law calls the reconstruction, installation, commissioning. Depending on the nature (type) of the ordinary activities of the organization, this may be other work, for example, repair, construction. However, in all cases, work that goes beyond the normal (main) activities of the organization, for the performance of which fixed-term employment contracts may be concluded, must be of a temporary (urgent) nature. Since the law does not establish any special deadline for which such an employment contract can be concluded, the term of the employment contract is determined in each specific case by agreement of the parties based on specific circumstances and the period of time during which there remains a need for the performance of work outgoing outside the ordinary activities of the organization. Here, the general rules on the deadline for the employment contract, established by Art. 58 TC, i.e. 5 years.

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

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

5) with persons entering work in organizations created for a predetermined period of time or to perform a predetermined job.

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

The term of an employment contract with persons entering organizations created for a known period of time or to perform a known work is determined by the period for which such an organization was created. Therefore, the termination of the employment contract with these employees on the basis of the expiration of the employment contract can be made if this organization really terminates its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without the transfer of rights and obligations by succession to other persons (paragraph 14 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. No. 2);

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

In these cases, the employment contract with the employees must indicate that it is concluded for the duration of this particular work (for example, during the repair of an office, during the construction of an object). The end (completion) of the specified work will be the basis for termination of the employment contract due to the expiration of its validity. However, it should be kept in mind that if during judicial trial the fact of the multiple conclusion of fixed-term employment contracts for a short period of time to perform the same labor function is established, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (clause 14 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 );

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

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

• 8) in case of election for a certain period to an elected body or to an elective position for a paid job. For example, for the position of rector of a state or municipal higher educational institution, dean of the faculty or head of the department of a higher educational institution. According to Art. 12 of the Law on vocational education, Art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner prescribed by the charter of the educational institution (see Art. 17, 332 of the Labor Code);

9) when applying for a job related to the direct support of the activities of members of elected bodies or officials in bodies state power and local governments, political parties and other public associations. In this case, we are talking about work related to the direct support of the activities of members of these bodies or officials. This means that not all persons applying for work in these elected bodies can be concluded a fixed-term employment contract. It's about on contracts concluded for the performance of such work, which is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the chairman of the party).

The term of the employment contract in these cases is established by agreement of the parties within the term of office of the relevant elected body or official.

Early termination of the powers of certain bodies or officials should also entail the termination of employment contracts with persons hired to ensure this activity;

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

If the work to which the citizen is sent by the employment service body is of a permanent nature, the conclusion of a fixed-term employment contract with him is not allowed;

• 11) with citizens sent for alternative civilian service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civilian service is established by the Federal Law of July 25, 2002 N 113-FZ "On Alternative civil service"(SZ RF. 2002. N 30. Art. 3030) in accordance with the Constitution of the Russian Federation. Alternative civilian service is special kind labor activity in the interests of society and the state, carried out by citizens in return for military service by invitation. The procedure for sending citizens to alternative civilian service is determined by the named Law, other federal laws, the Regulations on the procedure for performing alternative civilian service, approved. Decree of the Government of the Russian Federation of May 28, 2004 N 256 (SZ RF. 2004. N 23. Art. 2309), and other regulatory legal acts of the Russian Federation adopted in accordance with them.

The labor activity of citizens undergoing alternative civil service is regulated by the Labor Code, taking into account the specifics provided for by the said Federal Law.

In accordance with Art. 5 of this Law, the term of alternative civilian service is 1.75 times higher than that established by the Law on military service the term of military service and is for citizens sent for its passage after January 1, 2008, 21 months. The term of alternative civilian service for citizens undergoing this service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies, 1.5 times the term of military service on conscription established by the Law on Military Duty and is 18 months for citizens sent for its passage after January 1, 2008.

In accordance with the specified terms, the term of the employment contract with citizens sent for alternative civilian service is also determined. When concluding an employment contract, the parties are not entitled to establish a different period of its validity.

3. Unlike part 1 of the commented article, in accordance with which the conclusion of an employment contract for a certain period is mandatory due to the nature of the work to be done or the conditions for its implementation, part 2 of the article provides a list of cases when the conclusion of a fixed-term employment contract is allowed by agreement of the parties . Moreover, by agreement of the parties, a fixed-term employment contract in the cases listed in Part 2 of Article 59 of the Labor Code of the Russian Federation can be concluded without taking into account the nature of the work to be done or the conditions for its implementation. At the same time, it must be borne in mind that such an agreement can be recognized as lawful 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. If the court, when resolving a dispute on the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

According to part 2 of the commented article, by agreement of the parties, a fixed-term employment contract can be concluded:

1) 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 trade and consumer services - 20 people).

The concept and types of small businesses are defined by the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation"(SZ RF. 2007. N 31. Art. 4006). In accordance with Art. 3, small and medium-sized businesses are business entities (legal entities and individual entrepreneurs), classified in accordance with the conditions established by this Federal Law, to small enterprises, incl. to micro and medium enterprises.

According to Art. 4 small and medium-sized businesses include consumer cooperatives and commercial organizations entered in the Unified State Register of Legal Entities (with the exception of state and municipal unitary enterprises), as well as individuals, entered in the Unified State Register of Individual Entrepreneurs and carrying out entrepreneurial activity without forming a legal entity (hereinafter referred to as individual entrepreneurs), peasant (farm) enterprises that meet the following conditions:

• for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations(associations), charitable and other funds in the authorized (share) capital (share fund) of these legal entities should not exceed 25% (except for the assets of joint-stock investment funds and closed-end investment funds), the share of participation belonging to one or more legal entities, which are not subjects of small and medium-sized businesses, should not exceed 25%;
• average number of employees for the previous calendar year should not exceed the following limit values ​​of the average number of employees for each category of small and medium-sized businesses:
  • a) from 101 to 250 people inclusive for medium-sized enterprises;
  • b) up to 100 people inclusive for small businesses; among small enterprises, micro-enterprises stand out - up to 15 people;
• proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or book value assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration do not exceed the limit values ​​established by the named article.

The average number of employees of a micro-enterprise, small enterprise or medium-sized enterprise for a calendar year is determined taking into account all its employees, incl. employees working under civil law contracts or part-time, taking into account the actual hours worked, employees of representative offices, branches and other separate subdivisions specified micro-enterprise, small enterprise or medium-sized enterprise;

2) with old-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 of the Russian Federation, are allowed to work exclusively of a temporary nature.

It is necessary to pay attention to what the law says about old-age pensioners entering work, i.e. about those who for the first time or again (after dismissal) conclude an employment contract with this employer. In this regard, the employer is not entitled, incl. and with the consent of the employee who is in an employment relationship with him and has reached retirement age, renegotiate the employment contract concluded with this employee for an indefinite period, for a fixed-term employment contract. At the same time, it should be borne in mind that the number of pensioners by age includes persons who have reached retirement age and who, in accordance with pension legislation, have been assigned an old-age pension. If a citizen has reached the age required for the appointment of a pension, but in accordance with the pension legislation has not acquired the right to it or the pension has not been assigned to him due to some other circumstances, he cannot be considered a pensioner and, therefore, the rules for concluding a fixed-term employment contract provided for by the commented norm should not apply to him.

The fact that an employee, for health reasons, can perform work of an exclusively temporary nature must be established by a medical report. A medical opinion of this kind has the right to issue only the body or institution to which such a right has been granted (for example, institutions of medical and social expertise).

The term of the employment contract is determined in this case based on the duration that, according to the medical report, is allowed for this employee in accordance with his state of health. The employer does not have the right, at its discretion, to establish for the employee the term of the employment contract of a longer or shorter duration than that prescribed by the medical report;

3) 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. Since the law connects the possibility of concluding a fixed-term employment contract with these persons with their moving to the place of work in organizations located in the regions of the Far North and areas equivalent to them, this rule should not apply to citizens permanently residing in these areas and localities. A fixed-term employment contract is concluded with them on the grounds specified in Part 1 of Art. 59 of the Labor Code of the Russian Federation, by agreement of the parties in the cases specified in part 2 of the same article (for example, when applying for a part-time job), as well as in other cases provided for by the Labor Code or other federal laws.

The list of regions of the Far North and areas equated to them was approved by the Decree of the Council of Ministers of the USSR of November 10, 1967 N 1029 (SP USSR. 1967. N 29. Art. 203) and is valid today as amended. Decrees of the Council of Ministers of the USSR of January 3, 1983 N 12 (SP USSR. 1983. N 5. Art. 21) with additions and changes introduced by the legislation of the Russian Federation;

• 4) to carry out urgent work to prevent catastrophes, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances (for example, to eliminate the consequences of floods, fires). Since the law does not establish a minimum or maximum period for which an employment contract can be concluded under the specified circumstances, it is determined by agreement of the parties. If the term of the employment contract does not exceed 2 months, the labor relations that have arisen are regulated taking into account the features established by Ch. 45 of the Labor Code (see comments to Art. Art. 289 - 292);
• 5) with creative media workers mass media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these employees approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on regulation of social labor relations. Decree of the Government of the Russian Federation of April 28, 2007 N 252 approved the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the features of the labor activity of which are established by the Labor Code of the Russian Federation;

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

The validity of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code is determined by the constituent documents of the organization or by agreement of the parties. That is, by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;

• 7) with persons studying full-time learning;
• 8) with persons entering a part-time job (on the procedure and conditions for concluding an employment contract for part-time work, see the comments to Articles 282-288).

4. In addition to the cases expressly provided for in part 2 of article 59 of the Labor Code of the Russian Federation, the conclusion of a fixed-term employment contract by agreement of the parties is also allowed in other cases provided for by the Labor Code or other federal law. So, in accordance with Art. 332 of the Labor Code, by agreement of the parties, fixed-term employment contracts may be concluded for filling the positions of scientific and pedagogical workers in a higher educational institution.

5. According to general rules conclusion of a fixed-term employment contract, established by Art. 58 of the Labor Code, a fixed-term employment contract can be concluded either in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, or by agreement of the parties without taking into account the named circumstances in cases provided for by the Labor Code or other federal by law (part 2 of article 59 of the Labor Code of the Russian Federation). However, in some cases, the Labor Code provides for the conclusion of a fixed-term employment contract without taking into account these general rules. So, according to part 14 of Art. 332 of the Labor Code, a fixed-term employment contract is concluded with vice-rectors of a higher educational institution. The said norm is stated in an imperative form, therefore, the conclusion of a fixed-term employment contract with the specified employees is mandatory by virtue of the direct prescription of the law. However, neither by its nature nor by the conditions of performance, work as a vice-rector of a higher educational institution is a job for which it is impossible to conclude an employment contract for an indefinite period. Thus, by providing for the obligatory conclusion of a fixed-term employment contract with vice-rectors of a higher educational institution, the legislator has shown a clear inconsistency in regulating the relations in question (see comments to Article 332).

Today, the practice is widespread when staff is being hired. Such a document allows you to agree on the duties, rights of the employee and his employer, to fix the procedure for remuneration. There are several types of employment contracts.

The following highlights issues directly related to the procedure for confinement, the features of the terms of its validity. Since the temporary nature of the agreements between the parties does not guarantee stability, this document raises many questions among citizens.

An employment contract will ensure that the employee's rights are respected

Each employment contract includes a number of mandatory points:

1. Deadlines for starting work.
2. Name of position, profession, qualification level.
3. Where will the work be done.
4. Rights, duties groan.
5. Description of the features of work, compensation in the presence of difficult conditions.
6. Payment order.
7. When the worker will be given rest, when it is necessary to start and finish work.
8. Feature .

If one of the listed items is missing, the contract is called drawn up with violations.

Features of a fixed-term contract

The main feature of a fixed-term employment contract is the conclusion for a certain period, when the specified period passes, the employment relationship ends. This type the 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 when there is a limited amount of work to be done. There is no minimum time period for a fixed-term contract, the duration is limited to 5 years.

To perform under a fixed-term contract, any workers with the required skill level 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 the performance of professional duties does not take more than 2 months.
• If a member of the team is temporarily unable to start performing duties, and it is impossible to replace him with other members of the team.
• If the worker is working
• During the functioning of a temporary organization.
• If necessary, ensure the performance of work that does not correspond to the general profile of the enterprise.
• To perform specific tasks within a limited time frame.
• During an internship.
• When employing a person sent by the employment service.
• When employed as an alternative civilian service.
• Other cases that do not contradict applicable 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 registration of labor relations is very widespread.

This list can be expanded by situations where the contract is signed. They can be:

1. Recruitment . If a person works on a full-time basis, then reaching retirement age is not considered a legitimate reason for transferring him to a fixed-term contract.
2. The device of people with handicapped health, having by law the possibility of only temporary employment. In this case, a medical report drawn up in accordance with the requirements of the current legislation is attached.
3. Employment in companies related to small businesses. In this case total employees should not be more than 20 people.
4. Place of work - the Far North or regions with a similar status.
5. When hiring to eliminate the consequences of disasters, emergencies.
6. When applying for a place on a competitive basis.
7. When employing creative workers, athletes.
8. Hiring managers, deputies, chief accountants, the type of enterprise does not matter, as well as the form of ownership.
9. Reception.

Registration of a fixed-term contract

Fixed-term employment contract: sample

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

1. Full name of the person, his data;
2. information about the organization;
3. date, place of conclusion of the contract;
4. place of performance of duties;
5. all the main functions of the employee;
6. payment features;
7. information about the employee who is hiring;
8. characteristics of social insurance;
9. additional information about the nature of the work, special conditions.

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

• description of the reason for the this method recruitment;
• validity period (both a temporary designation and an indication of the implementation of specific scopes of work);
• when hired for a period of 2 months - six months - the possibility of a trial 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, the expiration dates of the contract (no more than 2 months);
• to issue an order, they take the form T-1, T-1a, in which the 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 they write: "... in connection with the expiration of the employment contract."

Expiration feature

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

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

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

All other time frames for issuing a fixed-term contract only affect the procedure for establishing a probationary period. You can name other cases when a fixed-term contract begins to be considered open-ended.

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

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

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

Peculiarities of terminating a fixed-term contract

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

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

1. When the validity period expires, the contract is terminated or executed for an indefinite period.
2. The reasons must be mentioned.
3. The employee is notified of the termination of the contract no later than 3 days before the date. This is done in writing.
4. Basic requirements for written notification: full name, terms, full name of the organization, reasons that became the basis for terminating the contract. The form doesn't matter.
5. You can terminate the document before the deadline specified in the document.
6. If an employee after a fixed-term contract is hired for permanent place no dismissal required.
7. If a woman carrying a child works under a fixed-term contract, then she remains employed at this place until the end of the maternity leave. You cannot be fired before this time. However, there are exceptions here too. If this woman is employed during the period of absence of the employee, and he goes to work former place, 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.
8. If the term of the contract has expired, the employee is not entitled to insist on further work for this place. The management, in turn, cannot keep the employee, prevent his dismissal.
9. If the agreements have expired, the employee has notified the employer that he is stopping work, has worked the last day and has not returned, this cannot be referred to as.
10. Mode of work, rest.

The video material will acquaint you with the features of drawing up a fixed-term employment contract:

In the practice of working with hired personnel, situations sometimes arise when the work of employees is needed not on an ongoing basis, but for some time. In this case, it is worth concluding a fixed-term employment contract with such employees. Unlike ordinary (termless), such contractual relations cannot last longer than the time specified by law.

Fixed-term contracts have their own nuances of conclusion, which should be observed by both parties in order to avoid misunderstandings, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal foundation, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

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

Under the usual form of labor contractual relations the date of commencement of work is precisely known, and the time of parting and the reasons for dismissal cannot yet be determined.
But when the last condition is known to both parties, that is, both the employee and the employer know when they will terminate their cooperation agreement, it is advisable to formalize the relationship with a predetermined period - fixed-term employment contract.

The Labor Code of the Russian Federation calls an employment contract mandatory when formalizing the relationship "employee-employee" (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. The options when an employer gives an employee temporary employment are defined in Art. 59 of the Labor Code of the Russian Federation. Their determining factor is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an indefinite one.

NOTE! To conclude such an agreement, the will of the employer and even the consent of the employee is not enough; its execution must comply with the grounds given in the legislation. Otherwise, if you have to deal with the court, a fixed-term contract concluded on an illegitimate basis will be recognized as open-ended.

Attractiveness of fixed-term employment contracts

The party that benefits the most from a fixed-term rather than an open-ended contract is the employer. The reasons are obvious:

• a temporary employee is more manageable;
• "conscript" is easier to motivate, since the extension of cooperation with him directly depends on the leadership;
• much easier to carry out the dismissal procedure;
• the employee dismissed at the end of the term cannot challenge such dismissal;
• in this way, you can get rid of any categories of employees, even the most socially protected.

For workers, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. The same position is held by domestic legislation and international convention Labor Organization (ILO) in an effort to minimize the number of temporary workers.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of contractual relations is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an open-ended one.

The reason for this must be indicated in the text of the contract.

The term of such an agreement cannot exceed 5 years. If the document does not specify specific terms or an event that terminates the contractual relationship, it will automatically be considered a contract with an indefinite period. Similarly, if more than five years is indicated.

Termination of a fixed-term contract must be indicated in the text. This is possible in two ways:

• specifying a specific date when the contract will be terminated;
• designation of the event, the occurrence of which terminates the fixed-term contract.

The approach of the final date does not mean an immediate cessation of work: the employee must be warned in writing about the upcoming dismissal in accordance with its expiration 3 days in advance. If this is not done, the dismissal can be challenged.

In the second case, advance notification is impossible, since the event that has occurred automatically terminates the fixed-term contract, as provided for by its terms. Most often, such an event is the entry to work of the main employee, instead of whom a temporary one was employed.

With whom you can conclude fixed-term employment contracts

Employers form such relationships with those employees whose nature of work does not make it possible to determine the duration of the working relationship, or, conversely, quite clearly marks their end. Such categories of personnel include, for example, the following:

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

Transfer to a fixed-term employment contract from an indefinite

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

Reasons for transferring to a fixed-term employment contract

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

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

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

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

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

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

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

Another significant mistake is the execution of a new agreement at a time when the previous agreement continues to operate. According to the law, if two documents are valid for an employee, the act with the most favorable conditions will be valid. In this case, the most advantageous would be an open-ended contract, as it provides a larger list of rights.

IMPORTANT! Many employers believe that entering into a new agreement automatically cancels the old agreement. However, this is a wrong position. In order for only one act to be valid, the old act must be legally repealed.

How to legally transfer a person to a fixed-term contract?

The only legal way to transfer an employee to a fixed-term contract is to terminate the previous agreement and draw up a new one. However, you need to take into account all the disadvantages of this path:

• The need to pay compensation for vacation that was not used.
• The accrual of seniority for registration of leave begins anew. In order for an employee to be able to legally go on vacation, he needs to work for 6 months. For example, an employee under the first termless contract worked for 5 months. That is, after a month he can go on vacation. However, if the previous agreement is terminated, another contract is drawn up, the vacation will be legal only after 6 months.
• You will have to draw up cadastral documentation for the employee as newly hired.

The legislation does not provide for a simplified procedure for dismissing an employee and hiring him again. These difficulties are related to preventing abuse.

The procedure for drawing up a new employment contract

Consider the legal procedure for transferring an employee to a fixed-term contract by drawing up a new agreement:

1. The employer conducts a conversation with the employee and offers him new working conditions. Explains the translation scheme.
2. The employee leaves of his own free will or by agreement of the parties.
3. A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
4. Relevant information is entered in the work book.

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

Legitimate reasons for urgency

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

1. Relationships are concluded strictly for a certain period, based on the nature of the upcoming work and related circumstances.
2. The urgency of labor relations is determined by the agreement of the parties in cases where this does not contradict the current legislation.

The labor legislation of the Russian Federation (part 1 of article 59 of the Labor Code of the Russian Federation) allows to conclude fixed-term contracts arising from the nature of the work, in the following circumstances:

• for a time when a full-time employee is absent from his workplace for objective reasons, workplace which must be reserved by law;
• the upcoming work will not take more than 2 months;
• to ensure seasonal work;
• with foreign forms of work;
• performance of activities necessary for the firm, but not related to its core business (for example, installation work, repair, reconstruction, etc.);
• works associated with a limited (usually up to a year) time, such as expanding activities, increasing capacity, volumes, etc.;
• the company is specially created for a short existence, providing for a limited time to perform a specific job;
• work related to vocational training, internships for employees;
• election for a certain period to a working elected body;
• referral to public works;
• additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

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

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

Employer, remember:

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

Worker, take note:

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

It is an employment contract concluded for a fixed period.

The conclusion of a fixed-term employment contract requires serious grounds from the employer. Violation of the rules for its preparation and execution may lead to the fact that a temporary employee will have to be employed on a permanent basis.

Normative base

The types of contracts are described in Article 58 of the Labor Code of the Russian Federation. The grounds for drawing up a temporary contract are indicated in Article 59 of the Labor Code of the Russian Federation.

The expiration of the term of the temporary contract is regulated by paragraph 2 of article 77 of the Labor Code of the Russian Federation.

The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in Article 289 of the Labor Code of the Russian Federation.

The duration of seasonal work, under which a fixed-term contract is concluded, is described in article 293 of the Labor Code of the Russian Federation, and the list of these works, accrual of experience and the procedure for this process are listed in Decree of the Government of the Russian Federation of July 4, 2002 N 498.

Mandatory grounds for concluding an employment contract

Article 59 of the Labor Code of the Russian Federation contains two main sections devoted to the possible grounds for concluding an employment contract of a fixed-term nature. Thus, part 1 of this article includes a list of situations in which the signing of a fixed-term employment contract is mandatory. It includes the following circumstances:

the need to fulfill the duties of the main employee who, for reasons established by applicable law, is unable to perform his job duties, but has the right to retain his job;

the need to perform seasonal or temporary work, and the duration of the latter for the purposes of concluding a fixed-term employment contract should not exceed two months;

attracting employees to work abroad;

the organization's need for a temporary expansion of the volume or range of work performed or services provided;

attraction of employees to work in organizations created for a certain period of time, or to perform work that is of a temporary nature. This type of activity includes, among other things, public works, work in the direction of employment authorities and alternative civil service;

training employees in the form of internships, internships or other educational activities in order to acquire skills and knowledge within a particular profession or specialty;

work in elected positions or in the team of an official elected to carry out political tasks, tasks of a municipal or public service for a certain period;

other situations provided for by applicable law.

Thus, if the need to involve an employee in work is caused by one of the listed reasons, the employer is obliged to conclude a fixed-term employment contract with such an employee.

Current legislation in these circumstances does not allow other options for formalizing labor relations.

Validity period of a fixed-term employment contract

The duration of the employment contract must be clearly stated in its text. The permissible duration of a fixed-term employment contract is determined by Art. 58 of the Labor Code of the Russian Federation. According to this section Labor Code, the maximum period of validity of such a document is five years. At the same time, by mutual agreement of the employer and employee, fixed-term employment contracts may be concluded for any period within the specified limitation.

Note that the minimum term for concluding a fixed-term employment contract is not established by law.

What is the difference between a fixed-term and an open-ended contract

For ease of comparison, we present the data in the form of a table:

The nuances of drawing up a fixed-term employment contract

The employment agreement must be concluded subject to certain legal requirements. A typical fixed-term employment contract should include the following data:

information about the parties that concluded it;

subject of the contract;

the period of the agreement;

Fixed-term employment contract: details for an accountant

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