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What are the grounds for concluding a fixed-term employment contract?

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Term (temporary) employment contract - This is an employment contract concluded for a specific period.

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

Normative base

Types of contracts are described in article 58 of the Labor Code of the Russian Federation. The grounds for execution of a temporary agreement are specified in article 59 of the LC RF.

The expiration of the temporary agreement is governed 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 for which a fixed-term contract is concluded is described in the article of article 293 of the Labor Code of the Russian Federation, and the list of these works, the accrual of experience and the order of this process are listed in the Government Decree 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 on possible grounds for concluding an employment contract of an urgent nature. Thus, part 1 of this article includes a list of situations in which the signing of a fixed-term employment contract is obligatory. It includes the following circumstances:

the need to fulfill the duties of the main employee, who, due to the reasons established by the current legislation, is not able to fulfill his job duties, but has the right to keep his workplace,

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

attracting employees to work abroad,

the need of the organization in the temporary expansion of the scope or range of work performed or services rendered,

attracting employees to work in organizations established for a certain period of time, or to perform work that is of a temporary nature. This type of activity includes public works, work in the direction of employment agencies and alternative civil service,

staff training in the form of internships, internships or other educational activities in order to master the skills and knowledge in a particular profession or specialty,

work in elected positions or in the team of an official elected to perform political tasks, tasks of municipal or state service for a fixed term,

other situations stipulated by the current legislation.

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

Other options for registration of labor relations current legislation in these circumstances does not allow.

Term of fixed-term employment contract

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

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

The nuances of drawing up a temporary employment contract

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

information about the parties who concluded it,

agreement period

probation or its exclusion,

working time and rest time,

employee warranty,

This document should be made in duplicate, one of which remains with the employee, and the second - with the employer.

Also in the fixed-term contract must be specified:

data of the parties (name, employee passport data, TIN of the employer),

region and date of conclusion,

description of the employee’s work,

In addition, the rationale for the reasons for concluding a term contract, the duration of the urgent relationship, etc. is considered mandatory.

Execution of other documents at the conclusion of a fixed-term employment contract

For the conclusion of the contract you need to have certain documents.

The application from the employee for admission to work is made in writing. This document is not considered mandatory and does not confirm the existence of labor relations between the employer and the employee.

The application form is not approved by law, and it can be compiled in any form. At the end of the application, the date and signature are entered

After signing a fixed-term employment contract, the employer must complete the remaining stages of the employment procedure. Taking into account the specifics of hiring a temporary employee, these steps include:

issuing a job order,

making a record of employment in the workbook,

registration of a personal card of the employee.

Publication of the order of employment

Such an order may be in the form prescribed by the local regulatory documentation of the company, or correspond to Form No. T-1. The order must also contain the essential conditions of employment, including, in particular, the date of completion of the employment contract. In the event that 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.

For example, if he was contracted to perform a certain amount of work, such an event could be considered the signing of an act of acceptance of work performed.

Also in this document is prescribed the position, date of entry to work, type and conditions of activity, tariff and payment.

The order shall bear the employee's personnel number, based on the general register of employees.

The position specified in the order must be identical with the position specified in the employment contract.

At the end of the order, the employee personally writes: “I am acquainted with the order” and puts his signature.

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

Making a employment record in the workbook

Record in the workbook when working on a temporary contract should not differ from the record when working on an indefinite agreement.

The information in the columns of the document, including the name of the position and the department in which the employee enters, must be in strict accordance with other documents drawn up, including the fixed-term labor contract itself and the order for employment. In this case, an indication of the urgent nature of employment in the workbook is not done. However, the entry made at the time of dismissal should reflect the condition of the temporary employment contract.

Registration of a personal card of the employee

In the event that Form No. T-2 is used for this document, an indication of the temporary type of employment is made in the “Nature of Work” section.

In section III, "Recruitment, transfer to another job," repeat the entry made in the workbook.

With this record, the employee must be acquainted with the signature.

The procedure for the extension of a fixed-term employment contract

In the event that the parties wish to continue cooperation after completing the term of the fixed-term labor contract, in theory they have two options:

transfer the employment contract to the category of an open-ended employment contract,

conclude a new fixed-term employment contract.

In practice, the first option is much simpler.

According to the provisions of Article 58 of the Labor Code of the Russian Federation, such an agreement automatically becomes indefinite if, after the expiration of its validity, neither party required the termination of the employment relationship. This happens on the next business day after the specified date.

But the extension of the fixed-term contract on the conditions providing for a limited period of cooperation is not provided for by the current legislation for the majority of employees. Therefore, it is necessary to conclude a new fixed-term employment contract.

Termination of a fixed-term employment contract

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

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

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In what cases is a fixed-term employment contract?

The answer to this question is set out in article 59 of the Labor Code of the Russian Federation. It states that a fixed-term employment contract is necessarily concluded in the following cases:

  • it is necessary to temporarily replace another employee of the organization who is absent for one reason or another and at the same time retains a place in accordance with labor legislation and local regulatory acts,
  • required to perform work that is associated with educational practice, with vocational education or additional education in the form of an internship,
  • Election of a person for the performance of temporary paid duties within an elected body or for an elected position (including in state bodies, political parties and public associations),
  • the conclusion of a contract for temporary work (up to two months, including when sent from the Employment Center), as well as in public works,
  • the conclusion of a contract for work that goes beyond the normal work duties,
  • seasonal work
  • the employee’s work will be carried out abroad,
  • employment in an organization whose activities are obviously temporary in nature,
  • in all cases when an employee is hired for work, if their completion cannot be determined to the day,
  • work in the framework of alternative civil service.

The conclusion of a fixed-term employment contract by agreement of the parties

The list of these situations is given in the second part of Article 59 of the Labor Code of the Russian Federation:

  • work on individual entrepreneurs and other small businesses, if the number of employees does not exceed 35 people,
  • conclusion of an agreement with pensioners and persons with serious medical restrictions on employment,
  • Work in organizations in the Far North and in other similar territories, if it involves moving to the place of work,
  • emergency response work,
  • the conclusion of a contract with persons who have been elected through a competition for filling a vacant position,
  • labor relations with employees of creative professions,
  • conclusion of an agreement with the heads of organizations, their deputies and chief accountants,
  • labor relations with full-time students,
  • execution of a contract with the crew members of ships and mixed vessels,
  • the conclusion of a contract for part-time work.

For how long can a temporary employment contract be concluded?

Here is a list of the most common reasons for the conclusion of a fixed-term employment contract and the approximate time frame by which it is limited in each specific situation:

  • Seasonal work. The contract must indicate that the employee is hired for a specific season, up to and including the signing of the acceptance certificate. After that, the contract will be automatically terminated,
  • Public works in the direction of the Employment Centers. The contract necessarily notes the fact that the employee was sent from the Central Hospital, and also indicates the period during which the work will be performed (individually)
  • Cases where a specific end date for temporary work cannot be named. The fixed-term contract states that it will be terminated immediately after the employee has fulfilled his duties (for example, after the delivery of the repaired property),
  • Temporary replacement of the absent employee (for example, at the time of the decree). In the fixed-term contract it is expressly stated that the employee is accepted for the entire term of such and such employee on maternity leave. As soon as the vacation is over and the former employee leaves for work, the contract will be immediately terminated,
  • Work as part of an internship or acquisition of practical skills necessary to complete the training. The term of the contract in this case is determined depending on the terms that are allocated for training by an educational institution or special regulations,
  • Work as a replacement for military service (alternative civilian service). The term of the fixed-term contract is determined by the Military Commissariat, which sent a conscript for service,
  • Temporary work (up to two months). The contract necessarily displays the temporary nature of the works and their type, as well as the duration (if possible). The contract will be terminated on the basis of the publication of the relevant order,
  • Employees of organizations working abroad. The standard term for concluding a fixed-term employment contract with them is 3 years,
  • Employees elected to elected positions of state and municipal bodies, political parties and public associations. The term of the contract for them is equal to the period of work of these bodies,
  • The conclusion of a fixed-term employment contract by agreement of the parties. The term of the contract is negotiated individually with the employer, but it cannot exceed 5 years. After the expiration of the 5-year term, a fixed-term employment contract may be re-concluded, including under new conditions.

Strengths and weaknesses of a fixed-term employment contract

What advantages can an employee who is hired on a fixed-term employment contract?

  • A full package of social guarantees and rights guaranteed by the labor law to all workers without exception. That is, employees working under a fixed-term contract are not restricted in any way as compared with permanent, full-time colleagues,
  • The possibility of concluding a futures contract is clearly spelled out in the law. There is a strict list of situations when an employer has the right to offer such a model of cooperation (article 59 of the Labor Code),
  • In case of liquidation of the company before the expiration of the contract, the employee is expected to receive standard payments (the same as those employees who have worked in the organization for many years).

However, there are several drawbacks to the work on a fixed-term labor contract. The first is that the contract expires sooner or later, and then you have to look for a new job again or look for an opportunity to conclude another futures contract. The same applies to the situation when a person temporarily replaces another employee.

The advantage of a fixed-term contract for an employer can be called greater control over the employee’s work activity and the possibility of painless separation from him at the end of the contract term.

The downside is the inability to terminate a fixed-term employment contract in some cases. For example, when a woman is pregnant, find out what week they are going on maternity leave. In this case, it will be possible to terminate the employment relationship with it only upon liquidation of the organization itself.

Legislative justification of fixed-term contracts

The word “urgent” in the definition of this type of contract does not mean any additional speed of its execution, it comes not from “urgency”, but from “term”. Thus, it is declared to differ 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 separation 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 the labor contract mandatory when formalizing the “employee-employer” relationship (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. Options for 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 valid only when, for objective reasons, it is impossible to conclude indefinite.

NOTE! For the conclusion of such a contract is not enough will of the employer, and even the consent of the employee, its registration must comply with the grounds given in the legislation. Otherwise, if you have to understand the court, the fixed-term contract concluded on an illegitimate basis will be recognized as indefinite.

Attractiveness of fixed-term employment contracts

The party that benefits most from the conclusion of an urgent rather than an indefinite contract is the employer. The reasons are obvious:

  • employee on a temporary basis is more manageable,
  • «срочника» легче мотивировать, так как продление сотрудничества с ним напрямую зависит от руководства,
  • значительно проще провести процедуру увольнения,
  • уволенный по окончании срока работник не может оспорить такое освобождение от должности,
  • this way you can get rid of any category of employees, even the most socially protected.

For employees, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. Domestic legislation and the International Labor Convention (ILO) adhere to the same position, seeking to minimize the number of workers employed on a temporary basis.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of the contractual relationship is an important circumstance: a fixed-term employment contract is valid only when it is impossible to conclude an indefinite due to objective reasons.

The reason for this must indicate in the text of the contract.

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

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

  • specifying a specific number when the contract is terminated,
  • designation of the event, the occurrence of which terminates the fixed-term contract.

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

In the second case, advance notice is impossible, since the event that has occurred automatically terminates the fixed-term contract, as stipulated by its conditions. Most often, such an event is the entry into work of the main employee, instead of which a temporary employee was employed.

Who can enter into fixed-term employment contracts

Such relations are drawn up by employers with those employees whose nature of labor makes it impossible to determine the duration of the working relationship, or, on the contrary, quite clearly marks their end. These 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,
  • hired by experts to perform work not covered 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 a long hospital or maternity leave, etc.

Reasons for transferring to a temporary employment contract

Transfer an employee to a fixed-term contract is possible only if there are sufficient grounds for that. If there are no such grounds, the agreement will be considered unlimited. An employer cannot enter into urgent agreements in order to deviate from the provision of employees with rights and guarantees. Consider the reasons why an employer translates:

  • The employee is appointed to the place of a temporarily absent employee. For the latter, the place of work is saved.
  • The employee is sent to a temporary job abroad.
  • The work is associated with a temporary expansion of production.
  • An employee has limitations in working ability.

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

Is the transfer to a fixed-term contract legal?

The issue of the legality of transferring an employee to an urgent agreement is extremely ambiguous. If the employer initially issued an employee under an indefinite 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 be terminated only on the basis of the points established by the Labor Code of the Russian Federation.

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

Another significant mistake is the drawing up of a new agreement at the time when the previous agreement continues. According to the law, if there are two documents in relation to an employee, the act with the most favorable conditions will be valid. In this case, the most beneficial will be an indefinite contract, as it provides a larger list of rights.

IMPORTANT! Many employers believe that the conclusion of a new agreement automatically cancels the effect of the previous agreement. However, this is an incorrect position. In order to act only one act, you need to legally cancel the old act.

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 shortcomings of this path:

  • The need to pay compensation for leave that was not used.
  • Accrual of experience for registration of holidays begins anew. In order for the employee to legally go on vacation, he needs to work for 6 months. For example, an employee under the first indefinite 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 made, leave will be legal only after 6 months.
  • It is necessary to compile cadastral documentation for the employee as a newly accepted into the service.

The legislation does not stipulate a simplified procedure for dismissing an employee and recruiting him for work again. The listed difficulties are connected with in order to prevent abuses.

The procedure for registration of a new employment contract

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

  1. The employer interviews an employee and offers him new working conditions. Explains the translation scheme.
  2. An employee leaves on his own will or by agreement of the parties.
  3. A new employment contract with a limited term of validity is immediately executed. The head issues an order for hiring a person to work.
  4. Relevant information is entered into the workbook.

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

Legal reasons for urgency

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

  1. Relationships are concluded strictly for a certain period, based on the nature of the upcoming labor and related circumstances.
  2. The urgency of the employment relationship due to the agreement of the parties in cases where it does not contradict the current legislation.

Labor legislation of the Russian Federation (Part 1 of Art. 59 of the Labor Code of the Russian Federation) permits fixed-term contracts arising from the nature of work, in the following circumstances:

  • at the time when, for objective reasons, there is no staff member at his workplace, the workplace for which must be kept by law,
  • The upcoming work will not take more than 2 months
  • to ensure seasonal labor,
  • with foreign forms of work,
  • performing actions necessary for the company, but not related to its main activity (for example, installation work, repair, reconstruction, etc.),
  • works associated with limited (usually up to a year) time, such as expansion of activities, capacity, volumes, etc.,
  • the company is specially created for a short existence, providing for a limited time to perform a particular job,
  • the work associated with vocational training, internship of employees,
  • election for a certain period in a working elected body
  • social work referral
  • additional cases provided for by federal legislation (existing and possible to be accepted in the future).

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

  • the employer is a small business representative
  • retiree worker
  • medical staff is only allowed temporary employment,
  • work in the Far North and other territories equal to it,
  • when elected by competition for the 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 students or full-time students,
  • with part-timers,
  • with working on watercraft, registered in the Russian International Register of Ships,
  • other reasons consistent with federal laws (current and future).

The term contract is different from the employment, its features

The Labor Code (Article 59 of the Labor Code of the Russian Federation) provides several grounds for concluding an urgent type of agreement:

  • For some period of time there will be no worker, which must be replaced, while maintaining his workplace.
  • A person takes a temporary job with a duration of no more than 2 months.
  • It is planned to complete the work, depending on the season.
  • The organization was created for a short time, or the works are one-time in nature.
  • Alternative civil service.
  • Other cases stipulated by this code or any other federal law.

There are also several cases where the conclusion occurs by agreement of the parties:

  • the employer is a small business entity, and the number of its employees does not exceed 35 people,
  • A pensioner or a person who has a medical certificate that he can work only for a certain time,
  • the place of work is in the Far North or in an area equivalent to it.

All the nuances of concluding this type of agreement are presented in the following video:

Use cases

It is legislatively established that the conclusion of a fixed-term contract is possible only in cases where it is impossible to determine the duration of an employment relationship due to their nature and conditions. That is, if the employer has the opportunity to conclude a permanent labor contract, then it is not advisable to use an urgent one.

However, the law does not provide a description of this nature of work or conditions. This means that when drafting an agreement, you need to worry about the enumeration of specific circumstances, by virtue of which it is impossible to conclude a normal labor contract or indicate one of the cases described in the Labor Code (Article 58).

It is not always possible to specify the exact date of expiry of a fixed-term contract, and this is not required by law, for example, if a person replaces an employee who is on maternity leave, is on sick leave or participates in the development of a collective agreement. That is, when any legally significant event comes, then the employment relationship will be completed. The maximum term for concluding such an agreement is 5 years.

The procedure for establishing a trial period

Establishing a probationary period under a fixed-term contract is an exclusive privilege that an employer has the right to use. only if the applicant for a temporary workplace agrees. In this case, the latter must confirm in writing his consent.

If the applicant is against practical verification of his professional skills, this should not be the reason for refusal of employment, as the court recognizes such actions of the employer as being deprived of sufficient grounds.

Vacation, sick leave and decree

Every employee has the right to leave. The term of the contract in this case does not matter. However, when applying for an employment relationship for a certain time, it is necessary to clarify the conditions relating to such moments as leave and monetary compensation.

In accordance with the general situation, an employee receives a leave, the duration of which is 28 calendar days, and an employee-conscript who has worked less than 2 months or is employed in seasonal work, 2 working days for each working month.

But pregnancy involves the emergence of certain responsibilities of the employer. If at this time the woman submits a written application and provides a medical certificate confirming pregnancy, the employer is obliged to extend the term contract until the end of her pregnancy.

If the woman has not stopped her work activity after the birth of the child, the employer has the right to insist on early termination of the working relationship within 7 days after she learned that the pregnancy had ended.

The term agreement is not reflected in the procedure for the calculation and payment of sick leave.

Is it possible to extend it?

Termination of a fixed-term contract occurs at the time of its expiration. But there are several circumstances that transform it into perpetual. In addition, the law provides for several options for its temporary extension for certain employees.

The main points of the “transformation” of the contract into an ordinary one are the following:

  • after the expiration no one insisted on termination,
  • the inclusion in the agreement of the condition of urgency is not sufficiently reasonable
  • during the short time the same work was done several times
  • The contract was concluded for a long time - more than 5 years.

Legally provided for only 2 cases that require renewal:

  • the agreement expired during the pregnancy, and the woman provided the relevant certificate and wrote an application for renewal,
  • According to the results of the competition, a person was chosen who already held this position in accordance with the fixed-term agreement. In this case, you can go to an indefinite term of employment or extend the existing contract for a period of not more than 5 years.

If you constantly renew the same fixed-term contract or enter into a new one, but to perform the same job duties with the same employee, you can attract unpleasant consequences (if a person disputes this situation in court, you will most likely win ).

Opinions of experts and legislators differ on the issue of the possibility and legality of the extension of the agreement regulating the urgent labor relations. Some believe that it is better to terminate the action of one and go to the conclusion of a new, if you want to continue the employment relationship with this employee. Others are repelled by the possibility of making any changes to the contract, which has not yet expired. Rostrud also holds the last opinion.

The second point of view seems to be more practical, because often there are situations when it is impossible to determine the exact term of the contract, for example, an adopted worker was given such a task for which it is very difficult to establish the exact date of performance. Or the absent employee needed some time before coming to work.

See the rules of filling and sample employment contract here.

What is meant by the concept of outsourcing working personnel - read in this article.

Early termination and termination

Any organization may be faced with such an unpleasant situation, as a reduction of staff. What to do if an employee who replaces an employee who is on child care leave got under the reduction?

So, the sequence of actions in the reduction of staff must comply with Art. 81 of the Labor Code of the Russian Federation. But it should be remembered about art. 256 of the Labor Code of the Russian Federation, which establishes some restrictions, for example, reducing a woman who cares for a small child is possible only if the organization is being liquidated or if the conditions specified in clauses 1, 5-8, 10, 11, part 1 occur. Art. 81 of the Labor Code of the Russian Federation.

In accordance with all other general conditions, the employer has the right to dismiss an employee (absenteeism, alcohol intoxication or disciplinary action).

The dismissal of an employee due to the fact that the contract expires implies:

  • issuance of the relevant order,
  • employment record that the employee was dismissed due to the fact that the employment agreement was completed,
  • signing of the order of dismissal and its registration.

The concept and types of fixed-term employment contract

Employment contract (TD) - this is primarily a document. This contract can be called a contract, it regulates the relations arising between the parties to the labor process.

According to the contract, the person who is hired to work, undertakes to perform certain types of work at the enterprise, prescribed in the terms of the contract, as well as follow all the rules and regulations of the established schedule.

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

  • Urgent, that is, which specifies the specific terms of work,
  • Indefinite, that is, in such a contract dates are not defined.

In the CTD must be spelled out for what reason can not extend the contract for an indefinite time. Например, когда человека принимают на период болезни другого работника, или сезонные работы. Общий срок СТД не может превышать пяти лет.

Если в ТД не указаны временные рамки работы, значит он будет считаться бессрочным.

Основания для заключения СТД

These bases can be divided into two groups:

  • When deadlines are set depending on the nature of the work,
  • The conclusion of the fixed-term contract takes place with the mutual consent of the employer and the employee.

The following grounds belong to the 1st group:

  1. For the period of absence of the main employee in the workplace, when his salary is maintained. This may be when the main employee is absent due to illness, is on maternity leave, or on annual paid leave.
  2. For the period of temporary work, such a contract is for a couple of months.
  3. For the period of seasonal work, implies several months, during which the employee will work. For example, work on sowing or harvesting grain and other crops, for the heating period, and other related weather conditions.
  4. When a person goes to work, by order of the employment center.
  5. If the work goes beyond the basic labor activity, the terms of which are pre-negotiated. For example, installation work or reconstruction of any equipment.
  6. The choice of position for an indefinite period, for example, the election of a member of the election commission.
  7. If a person goes to work abroad.
  8. With persons for civil alternative service.
  9. With a person taken to a sports organization.

With this registration for the position and conclusion of the STD should not take into account the consent of the employee.

By agreement between the two parties of the employment relationship:

  1. If a person has completed full-time training.
  2. Work at an individual entrepreneur, or in the small business sector.
  3. If a person has reached retirement age.
  4. If a person is accepted as a person recognized as disabled but eligible for lightened labor and his work functions are defined as time limits.
  5. When finding employment in places of the Far North and territories equivalent to it.
  6. For work in emergency situations, disasters and eliminate after-effects.
  7. If a person has passed a competition for a certain position.
  8. The leaders, his deputies and chief accountant are accepted with the conclusion of the CTD, regardless of the form of ownership of the enterprise.
  9. When a person gets a job part-time.
  10. When work is connected with navigation.

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

Features and procedure for the conclusion of STD

If an employee chooses to get a temporary job, he must provide a number of documents: passport, TIN, SNILS, employment record, a document confirming the acquisition of any education, if any. Also, an accepted employee may provide documents on his military service and qualification for the position held.

In the case when a person is part-time job, he needs to provide a copy of the employment record or a certificate from the main place of work.

The employee should write a statement on the model for admission to the appropriate position. The form of such statements in each organization is different. Such a statement must necessarily indicate the reason for the temporary nature of the work.

The employer must familiarize himself with these documents and make a decision about accepting a person to work, notify him about the rules of work and rest in the workplace and directly about what the future employee will do, and familiarize him with local acts of remuneration.

The next step is the preparation and signing of the CTD.

When compiling this document, you must specify:

  • Last name, first name of the employee,
  • Passport details and other details of the employee (address of residence, age or date of birth, TIN and SNILS, education),
  • Start and end of urgent works,
  • Place and time of drawing up and signing the contract,
  • If the contract is signed by a specially authorized person, you should indicate this.

Be sure to indicate the place of work, it can be any structural unit of the company or a branch in which the employee will work. You should also indicate the type of work and position, as it is listed in the staffing, its character according to the qualifications.

An important aspect in the conclusion of such a contract is an indication of the system of remuneration, surcharges for harm, for work at night, on holidays and weekends.

Next, you need to specify how many days per week of workers, and how many days off, there may be a changeable nature of work. To verify the professional suitability of the employee, indicate the probationary period of work. Usually, a probationary period of up to three months is established, and upon acceptance of the chief accountant or employee for the position of deputy director, up to six months.

If at the conclusion of the contract no conditions or data about the employee were entered, this is not considered to be the reason for his not concluding. This can be done later, as an annex to the contract or an additional agreement between the parties, which are a mandatory part of the CTD.

All terms of the contract may also be changed by agreement between the worker and the director.

The STD may stipulate the conditions for non-disclosure of state secrets, if such are necessary.

Next STD is signed by the two parties of labor relations and legitimized by the stamp of the organization. Make two copies of the contract, one of which is stored in the organization, the other is issued to the hands of the adopted employee.

The last stage of registration of labor relations is the issuance of an order for admission to work. A copy of such an order after three days from the date of employment, signed by the employee. A copy of the admission order is issued to the employee.

The maximum term of an 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 a fixed-term contract can be extended without fail is when an employee is recognized as pregnant and brought documents from a medical institution confirming this fact.

A CTD may become indefinite if the parties have not expressed a desire to terminate their employment relationship after the period specified in the CTD has expired.

STD ceases to act in some cases:

  1. By joint decision of the employee and his boss,
  2. When applying for early dismissal by an employee. Such an application is submitted two weeks before the date of dismissal,
  3. On the initiative of the head, but not less than 30 days before the expiration of the terms under the contract.

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

Advantages and disadvantages of STD

A STD will be considered lawful when it is entered into with the mutual consent of the two parties to the employment relationship. If, starting to perform his job duties, a person did not know about the urgent nature of the contract, then he may apply to the courts. The court will issue a ruling recognizing the TJ to be unlimited.

In the case when the worker has already begun to perform his official duties, and the contract has not yet been executed in writing, the court will recognize it as indefinite.

The legality of the fact of dismissal upon the expiration of the term depends on the legality of the conclusion of the STD. If such a nuance is not observed, STD is recognized as indefinite and will require reinstatement of the employee to the same workplace.

An important advantage in concluding an STD is a simple arrangement, and you can also not pay compensation for unused leave upon dismissal.

The disadvantage is the lack of competence of some workers in the legality of the design of the CTD, which employers use. Incorrect preparation of the form and content of the CTD by the organization entails the illegality of the conclusion of this contract.

Many directors are trying to conclude an 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 with the main ones and they are provided with the same benefits. This is spelled out in the Labor Code of the Russian Federation.

Often the employer tries to manipulate the employee and concludes several CTDs with one employee to do the same job. In this case, the court recognizes the fact of the conclusion of the CTD for an indefinite period.

The main disadvantage for an employee is simplicity at dismissal, if all the legal rules for drawing up and concluding a CPD are observed. All basic payments for temporary employees (vacation pay, temporary disability allowance, etc.) are calculated in the same manner as the main employees.

Important for employee: if during the period specified in the STD, none of the parties to the labor relationship demanded its dissolution, and the employee continues to fulfill his duties, then the CTD is transferred to the status of unlimited.

The main disadvantage for employers is the occurrence of pregnancy of the employee, as this leads to the mandatory extension of the term with her contract. Also, the company will need to pay it all the statutory compensation. Even if the pregnant employee wrote an application for the extension of the contractual time frame, the head is not entitled to refuse the request until the end of the pregnancy.

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