How to conclude a fixed-term employment contract with an employee. On a fixed-term employment contract: conditions of conclusion, terms, extension, important issues

In practice, sometimes it is necessary to resort to the services of specialists for a short period of time. Conclusion urgent employment contract with them is the perfect solution. However, such an agreement has its own nuances that an accountant needs to take into account. Let's consider them in more detail.

By general rule an employment contract is concluded with any employee who works in the organization. It regulates the wear between employer and employee.

One of the options for an employment contract with an employee is the conclusion of a fixed-term employment contract. When making it, it is worth considering the formalities that will help to avoid claims during verification. labor inspectorate. These, in particular, are the specific period for which the contract is signed, as well as the grounds for its conclusion.

With whom to conclude?

Typically, a fixed-term employment contract is concluded in two cases. The first is when 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. For example, for the duration of the performance of the duties of an absent employee, for whom the place of work is retained (maternity leave).

A fixed-term employment contract must be concluded when performing temporary (up to two months) or seasonal work when in force natural conditions it can only be produced during a certain period, season.

Such an agreement is also concluded with employees sent to work abroad. You need to sign an agreement with them for a period not exceeding three years (Article 338 of the Labor Code of the Russian Federation). At the end of three years, the employment contract will have to be renegotiated for new term.

Labor legislation obliges to sign fixed-term employment contracts when carrying out work that goes beyond the normal activities of the employer. For example, reconstruction, installation, commissioning and other works.

Need to know

A fixed-term employment contract can be concluded in two cases: by agreement of the parties and depending on the nature of the work performed.

With employees performing temporary (up to one year) work, it is also necessary to conclude a fixed-term employment contract. In particular, if this is work related to the expansion of production or the volume of services provided.

A fixed-term employment contract is also concluded with persons entering work in organizations created for a predetermined period (or when this period cannot be precisely determined), as well as for performing a predetermined job.

It is worth remembering that a fixed-term employment contract must be signed with personnel who are aimed at performing work directly related to internships and vocational training. The same story, when an employee is sent by the employment service authorities to work of a temporary nature or public works.

The second situation when the conclusion of a fixed-term employment contract is required is the performance of work without taking into account its nature and conditions of performance. For example, such an agreement is concluded with employees who work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people. For retail and domestic services, the minimum number is 20 people.

A fixed-term employment contract is concluded with old-age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical report, are allowed to work exclusively of a temporary nature.

Special rules

The maximum term for concluding a fixed-term employment contract is five years.

In addition, a fixed-term employment contract is concluded when the company is located in the regions of the Far North and equivalent areas, if the employment is associated with moving to the place of work.

A fixed-term employment contract can be concluded with heads, deputy heads and chief accountants of organizations, regardless of organizational and legal forms and forms of ownership.

The list of cases in which a fixed-term employment contract can be concluded is open, so it can also be concluded in other situations that are permitted by law, for example, when carrying out urgent work to prevent disasters, accidents or other emergencies. However, such an agreement must also contain information and mandatory conditions under which he is considered a prisoner. In particular, it is necessary to indicate the place of work, labor functions, information about the parties concluding the contract, and others (Article 57 of the Labor Code of the Russian Federation).

Term of imprisonment

A fixed-term employment contract is an agreement that defines its validity period (Article 59 of the Labor Code of the Russian Federation). This rule means that the contract must contain a specific period for which the employee is hired. Otherwise, the contract is automatically transferred to the category of perpetual.

The expiration of such an agreement may be the occurrence of certain events (for example, the employee who was replaced, came out of vacation or the end of seasonal work) or a certain date.

The maximum term of an employment contract is five years (Article 58 of the Labor Code of the Russian Federation). As for the minimum period, it is not regulated by law. It can be concluded for a month, for a week and even for one day. If a fixed-term employment contract is signed for one day, then the employer must have a justification for concluding such a contract. In this case, it is much more profitable to conclude civil law contracts (contract, paid services).

Repeated renegotiation of a fixed-term employment contract for a short period to perform the same labor function is a reason for retraining into a contract concluded for an indefinite period (Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2).

However, if the employee replaced another employee and he went to work, then the current contract can be terminated with the “conscript” and, by agreement of the parties, a new fixed-term employment contract can be concluded.

Basis for conclusion

A fixed-term employment contract must contain the grounds on which it has the character of urgency. For example, this is the performance of seasonal work, in connection with which an employee is hired for several months, or work abroad. Such circumstances should be listed in the employment contract. In the absence of sufficient grounds capable of qualifying the contract as urgent, the regulatory authorities will consider it unlawful to conclude it and establish it as a contract concluded for an indefinite period.

Therefore, the employment contract must contain the reason (grounds) and the period for which it is concluded.

Registration

When hiring under a fixed-term employment contract in the order for hiring form No. T-1 or T-1a you need to specify the expiration date of its validity or the event that will serve as the basis for its termination, for example, the employee's exit from parental leave.

Attention

Payments under a fixed-term employment contract are subject to both personal income tax and contributions to funds in general order.

In addition, in the section “Conditions for employment, nature of work”, it should be indicated that the employee is hired for a certain period, and (or) the performance of specific work. For example, “under a fixed-term employment contract in connection with being sent to work in Amsterdam” (see an example of filling out an order for employment under a fixed-term employment contract).

The nuances of work

Having concluded a fixed-term employment contract with an employee, the accountant of the organization must comply with certain conditions. So, if none of the parties demanded the termination of such an agreement due to the expiration of its validity period and the employee continues to work, the condition on the urgent nature of the employment contract becomes invalid. Then the employment contract is considered concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).

After the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract (until the end of pregnancy). Such an employee, at the request of the employer, is required to submit a medical certificate confirming pregnancy once every three months.

Employees working under a fixed-term employment contract are prohibited from establishing a probationary period (Article 289 of the Labor Code of the Russian Federation).

Employees with whom an employment contract has been concluded for a period of up to two months, with their written consent, may be involved in work on weekends and non-working holidays. Work for these days is compensated in cash at least twice. Recall that, as a general rule, for work on a weekend or non-working holiday, an employee can be provided, at his choice, with either monetary compensation or the right to an additional day of rest (Article 153 of the Labor Code of the Russian Federation). However, "conscripts" cannot take another day for rest, but only monetary compensation.

On the territory of the Russian Federation, the necessity of concluding labor contracts in the event of labor relations between employee and employer.

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There are many different types of agreements of this kind. For each case, you must use the appropriate one.

Often, in addition to the standard, a fixed-term employment contract is used. It is important to remember the extensive list of some restrictions imposed on the fact of using this method of formalizing labor relations.

All the nuances are reflected in the relevant sections of labor legislation. The fundamental document is the Labor Code of the Russian Federation.

What you need to know

In accordance with the labor legislation of the country, it is necessary to draw up an employment contract between the organization and the employee directly.

Moreover, there are quite a few nuances associated with the type of agreement itself. Several different types are designated in the legislation.

The use of certain types of such agreements is strictly regulated by law.

Most important point is the duration of a particular contract. There are many different nuances related directly to these factors.

All types of employment contracts can be conditionally divided into two main groups:

• urgent;
• perpetual.

Key questions to consider beforehand include:

• basic concepts;
• what is its role;
• current regulations.

Basic concepts

First of all, you need to understand the terms that characterize the type of this contract itself. Urgent means an agreement whose duration is limited in time.

This legal agreement includes the following main articles that you need to focus on:

If possible, grounds for termination of employment should also be considered. A complete list of those is presented in.

This section includes the following:

There are many different nuances associated with drawing up this type of contract. First of all, not all employees are allowed to conclude it.

There are certain categories of workers labor relations with which are possible only on a permanent basis.

A fixed-term employment contract is not allowed to be concluded with the following persons:

• with pensioners;
• minors;
• pregnant women.

The number that stands for maximum term the duration of the employment agreement may be different. Typically, this type of agreement is drawn up for at least 3 months.

The algorithm for registration and employee in this case is completely standard.

It is not allowed to draw up this type of agreement in order to avoid the fulfillment of obligations to the employee by the employer.

For how long is a fixed-term employment contract concluded when hiring

The process of drawing up an agreement must be carried out in accordance with the law.

Otherwise, the contract may simply be invalidated or reclassified into an agreement of a different type.

Video: labor and contract contracts, the difference is

The main issues to consider when making a fixed-term contract include the following:

• the procedure for drawing up an agreement;
• as a general rule;
• if the period exceeds the prescribed;
• sample documents.

The procedure for drawing up an agreement

In fact, in itself, a juicy employment contract differs from an untimely one only in the presence of a rigidly set period regarding its duration.

Otherwise, it is completely standard. Usually, an employment agreement between an employee and an employer, concluded on the territory of the Russian Federation, includes the following main sections:

• serial number of the document;
• date and place of conclusion of the labor agreement;
• the name of the employer in person;
• surname, name and patronymic of the future employee;
• general provisions, as well as the subject of the contract;
• the rights and obligations of the employee;
• the rights and obligations of the employer;
• mode of work, rest;
• terms of remuneration;
• working conditions, as well as the nature of work, guarantees and all kinds of compensation;
• other conditions.

At the bottom of the document, the details of the employer, as well as the employee, must be indicated.

The agreement itself in all cases without exception is concluded in at least two copies. One remains with the employer, the second is transferred to the hands of the employee.

As a general rule

As a general rule, the employer is obliged to notify his employee of the termination of this agreement at least 3 days in advance. And this is only done in writing.

The only exception is the situation when the contract of the corresponding type is concluded for the period of absence of a particular employee.

In this case, this type of agreement is terminated immediately after the start of work of the main employee.

If, after the expiration of an employment contract of a fixed-term type, the employee continues to perform his duties, then such an agreement will be recognized as indefinite.

There are many precedents of this kind. If possible, it is worth familiarizing yourself with all the nuances in advance, judicial practice on this occasion.

If the deadline exceeds

In the case of a fixed-term employment agreement, its validity period is necessarily indicated - and for each case it is mandatory set within a certain value.

It is determined by law. But sometimes it happens that this rule violated. In this case, two scenarios are possible:

• recognition of the contract as termless in a judicial proceeding;
• recognition of the agreement as invalid with the payment of the appropriate amount of compensation, as well as the imposition of a fine on the organization.

Sample document

If for some reason there is no experience in drawing up a contract of this type, the best solution would be to familiarize yourself with an example of its formation.

This will avoid the main difficulties in its formation, the most typical mistakes.

The sample can be easily accessed directly on the Internet. It is only important to use only well-proven examples.

A fixed-term employment contract - with whom can it be concluded and under what conditions? These issues are relevant for all participants in labor relations. Unlike an open-ended contract, a contract concluded for an agreed period ends at a specified moment or upon the occurrence of certain events. The reader will learn more about the list of persons with whom urgent labor relations can be drawn up by reading the publication.

Fixed-term employment contract: signs and cases of conclusion

The legal regulation of issues related to the execution of the type of contracts in question is carried out in accordance with the Labor Code of the Russian Federation.

Art. 59 of the Labor Code of the Russian Federation provides that fixed-term contracts have the following features:

• They are concluded for a certain period, which may be limited to a calendar date or a moment characterized by circumstances (events) specified in the agreement. Read about the differences between a fixed-term contract and an open-ended contract.
• At the end of the stipulated period and in the absence of proposals from the employer to extend it, the contract is recognized as completed.
• Depending on the term of the contract, the probationary period may be minimal, up to 2 weeks, or not applied at all, for example, if the agreement is valid for up to 2 months (Article 70 of the Labor Code).

Note that if the agreement does not contain an indication of its time-limited effect, as well as in cases where the stipulated period exceeds 5 years, then the contract is considered concluded on an indefinite basis.

In what cases is it established by law that a fixed-term employment contract is concluded, and not an indefinite one?

The legislator in Art. 59 of the Labor Code of the Russian Federation expressly fixes the cases of drawing up an agreement with an employee that provides for a limited period of validity. The law establishes that a fixed-term employment contract is concluded:

• to impose on the hired employee the duties of an employee who is absent from work for a long time, in cases where the employer is obliged by law to keep workplace for such an employee (for example, in case of illness);
• implementation urgent work(up to 2 months);
• performance of work with a characteristic sign of seasonality, which, due to climatic conditions, can only be carried out in the corresponding season, and the agreement concluded for such work is terminated at the end of the season;
• perform if necessary labor obligations abroad (as a rule, the term of the agreement corresponds to the time spent outside the Russian Federation);
• carrying out work not included in the main activity of the organization related to the expansion production capacity or an increase in volumes, as well as the implementation of other measures (repair, commissioning and other types of work);
• when the employer is entity, created for a limited period for the implementation of certain works (the agreement is limited to such a period, and it ceases to be valid at the time of termination of the organization's activities, provided there is no succession);
• when accepting an employee for an internship, for training in a specialty or for practice;
• hiring an employee to perform a specific job, including in cases where the deadline for its performance cannot be determined at the time of concluding a fixed-term contract;
• sending an employee by the employment center to public and other works of a temporary nature;
• issuance of a referral to alternative civilian service;
• election of a citizen to an elective position in government bodies, political, public and other associations.

With whom is a fixed-term employment contract

At the legislative level, categories of persons are fixed, in the presence of an agreement with which it is permissible to conclude a fixed-term contract, regardless of the conditions and nature of the duties performed. By virtue of par. 2 tbsp. 59 of the Labor Code of the Russian Federation, such persons include:

Don't know your rights?

• citizens who are registered to work for an individual entrepreneur or in small organizations, whose staff does not exceed 35 people (20 people for employers in the field of trade and the provision of personal services);
• pensioners who, by virtue of law or medical indications, are only admitted to temporary work;
• employees who are accepted by organizations operating in the Far North, subject to relocation;
• employees involved in work aimed at preventing epidemics, accidents and other disasters, and, if necessary, at eliminating the consequences of such incidents;
• who have passed the competition for a vacant position;
• workers creative professions, including the media, theaters, circuses and others (the list of professions classified as creative is approved by the Government of the Russian Federation);
• organizations included in the management, including heads, their deputies and chief accountants;
• undergoing full-time training;
• members of the crew of ships of various types of navigation;
• involved in part-time work.

The legislator may additionally provide for other categories of persons with whom, with the appropriate consent, it is permissible to conclude a fixed-term contract. In particular, to such persons, by virtue of Art. 348.2 of the Labor Code of the Russian Federation also applies to athletes and coaches of sports teams.

Who can not conclude a fixed-term employment contract

A fixed-term contract is a type of contract concluded with an employee for an indefinite period, in connection with which the restrictions in force by law apply to both types of agreement.

In particular, it is impossible to conclude a fixed-term contract with persons under the age of 16 (the exception is the categories of professions expressly provided for by law). In addition, only able-bodied persons can act as employees, in some cases it is possible to admit persons with limited legal capacity if the conditions and nature of work are safe both for the employee himself and for those around him.

However, the analyzed type of contract is characterized by additional condition, in the absence of which the conclusion of such an agreement is unacceptable. This condition is the consent of the employee. In the absence of his consent regarding the period for which the contract is concluded, the contract is concluded for an indefinite period or not concluded at all.

Features of the conclusion and termination of a fixed-term employment contract

The procedure and consequences of signing a fixed-term contract are almost identical to those that take place when drawing up an agreement with an employee that does not provide for its validity period. An exception is the indication of the reason for concluding the analyzed type of contract, for example, the performance of work that depends on climatic conditions (seasonal) and its duration. Please note that in work book the entry is made according to the general rule without indicating the type of the executed agreement.

Such a contract is terminated due to the expiration of the period of validity in the manner prescribed by Art. 79 of the Labor Code of the Russian Federation. The legislator does not restrict the employee and the employer in the application of any grounds for termination provided for indefinite labor contracts. In particular, termination is permissible at the initiative of the employee or employer, by agreement of the parties, until the expiration of the stipulated period.

A sample fixed-term contract can be studied by reading

In conclusion, we note that employers have the right to exercise the right to conclude a fixed-term employment contract only in situations specified by law and with specific groups of persons with their consent. Such conditions are aimed at protecting the interests of the rights of employees, since the conclusion of a fixed-term employment contract is a convenient tool for unscrupulous employers.

In practice, there are very often cases when it becomes necessary to conclude a fixed-term employment contract instead of an agreement concluded for an indefinite period of time. What are the features of this agreement, and how should it be drawn up?

What it is?

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A temporary employment agreement is an agreement between an employee and an employer, concluded for a certain period of time. At the same time, the law clearly provides for the cases and procedure for concluding such an agreement.

Normative base

• Types of contracts are described. Grounds for registration temporary agreement indicated in .
• The expiration of the term of the temporary contract is regulated by paragraph 2 of the Labor Legislation of Russia.
• Exception probationary period for employees hired under a fixed-term contract, it is specified in.
• The duration of seasonal work, in which fixed-term contract, is described in the article, and the list of these works, the accrual of experience and the procedure for this process are listed in.

How is it different from indefinite?

A fixed-term contract has a certain period of time for which it is concluded. An open-ended contract has no expiration date.

Moreover, with a temporary contract, it indicates the reasons for concluding just such an agreement. An open-ended contract does not require the indication of such reasons.

After all, the law says that it is desirable to conclude an open-ended contract. A fixed-term contract is concluded in cases where the conclusion of an open-ended contract is impossible.

With whom and in what cases is it concluded?

An employment contract for a fixed period is concluded:

• with employees who arrived to perform seasonal work or for temporary replacement (up to one year);
• when working abroad;
• in public and temporary work from the employment center;
• when appointing an alternative service and expanding the production of the enterprise;
• when sending an employee for an internship or retraining;
• with pensioners and people with poor health.

Who can't deal with?

The employer has the right to issue an employee under a fixed-term contract only in cases where such an opportunity is provided for by applicable law.

However, despite the existence of grounds for drawing up a temporary contract, it cannot be concluded several times in a row, without providing breaks (only with the same type of labor activity).

If an employee is pregnant, the fixed-term contract is subject to extension until the end of the pregnancy - this is a mandatory legal requirement.

Advantages and disadvantages

Below are the pros and cons of this agreement for both the employee and the employer.

For an employee

For the employee, there are such advantages as:

• the presence of the same social guarantees, as well as for employees of an indefinite contract (payment for sick leave, vacations, etc.);
• payment upon dismissal due to the liquidation of the organization (only if the contract has not expired);
• a fixed-term contract is concluded only if a number of conditions established by law are met.

The disadvantages for the employee are:

• dismissal after the expiration of the contract;
• dismissal upon entering the workplace of the main employee;
• problems for women on parental leave when calculating continuous service and calculating pensions.

For the employer

The only disadvantage for the employer when drawing up a temporary contract with employees may be the pregnancy of a subordinate.

In this case, termination of the fixed-term contract is not allowed or is possible only upon liquidation of the organization.

The advantage of concluding such an agreement will be considered full control over the worker and his labor activity.

Grounds for conclusion

Article 59 of the Labor Code of the Russian Federation regulates the grounds for concluding such an agreement.

The legislation provides unconditional grounds for concluding such an agreement. (1 part of Art. 59). But it can also be concluded by agreement of the parties (part 2 of Art. 59).

The unconditional grounds provided for by the Labor Code include:

• conclusion of an agreement during the absence of the main employee;
• for temporary work;
• for seasonal work
• when working abroad;
• with an increase in production volumes;
• when creating a company for a period with a certain period;
• during training and internship of the main employee;
• upon selection for this position;
• with temporary provision of an elected body;
• when working from the employment center and in the alternative civilian service.

The grounds for concluding a temporary contract by agreement of the parties include:

• work in small business;
• retirement age of the employee;
• medical restrictions and indications;
• when moving to the Far North;
• urgent prevention of emergency;
• election to office through competition;
• the position of the employee is related to the creative profession;
• when concluding an agreement with the head, deputy, chief accountant;
• finding an employee in full-time training;
• part-time job (both with internal and external part-time job).

How is a fixed-term employment contract concluded in 2019?

Below is the procedure for concluding a fixed-term employment agreement.

Order

A temporary agreement is drawn up in cases where it is not possible to conclude an open-ended contract with an employee. At the same time, the employer must understand that this is possible only if all the conditions of the Labor Code are met.

The contract may be concluded for a period not exceeding five years. Extensions are only possible if certain legal requirements are met.

For how long?

A temporary contract in accordance with the Labor Code of the Russian Federation can be concluded:

• for a period of not more than 2 months, when performing short-term work (seasonal work);
• for a period limited by the activity performed, while the end of the contract occurs at the end of the work;
• during the absence of the main employee.

Is there a trial period?

The establishment of a probationary period for admission under a temporary contract is possible only with the written consent of the employee himself.

Refusal of an employee from a probationary period cannot serve as a refusal of an employer to hire.

Compilation nuances

An employment agreement must be concluded subject to certain legal requirements.

Form and Sections

A typical temporary employment contract should include the following information:

• information about the parties that concluded it;
• subject of the contract;
• the period of the agreement;
• probationary period or its exclusion;
• salary;
• working time and rest time;
• duties of the parties;
• employee guarantees;
• social insurance.

This document must be drawn up in 2 copies, one of which remains with the employee, and the second with the employer.

The temporary contract must include:

• data of the parties (full name, data of the employee's passport, TIN of the employer);
• region and date of conclusion;
• name of company;
• description of the employee's work activity;
• salary;
• operating mode.

It is also mandatory to justify the reasons for concluding a temporary contract → the period of validity of an urgent relationship, etc.

Type sample

What does such an agreement look like?

Below is a sample form of a fixed-term employment contract:

Required documents

To conclude a contract, certain documents are required.

Statement

An employee's application for employment is made in writing.

This document is not considered mandatory and does not confirm the existence of an employment relationship between the employer and the employee.

The application form is not approved by law, and it can be drawn up in any form. The application is dated and signed at the end.

Below is a sample of this document:

Order

This document prescribes the position, date of entry to work, type and conditions of activity, tariff and payment.

The order contains the personnel number of the employee, based on the general register of employees.

The position specified in the order must be identical to the position specified in the employment contract. At the end of the order, the employee writes in his own hand: “I am familiar with the order” and puts his signature.

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

The following is an example of this document:

Entry in the work book

The entry in the work book when working under a temporary contract should not differ from the entry when working under an open-ended agreement.

However, the entry made upon dismissal must reflect the condition of the temporary employment contract.

Example:

Design features for different categories of employees

The conclusion of a fixed-term employment contract with certain categories of citizens has its own characteristics, which are presented below.

With a minor worker

When drawing up a fixed-term contract with a minor whose age reaches 14 years, it is necessary to obtain consent from one of the parents (guardian, custodian).

Labor activity should not interfere with the study of a teenager.

If the employee is already 16 years old, then he can be hired under a temporary contract, with the condition that he receives a general education, or when combining study and work.

The employer must provide the teenager with light work.

If the child is not even 14 years old, then the conclusion of an employment contract is excluded, except for the sphere of cinema and circus.

Below is an example of a fixed-term employment contract concluded with a minor:

During maternity leave

When hiring an employee in the place of the main employee who is on maternity leave, the employer is obliged to discuss all the conditions and period of validity of the temporary employment contract.

Moreover, upon renewal by the main employee maternity leave extension of the term of the temporary employment contract is allowed.

It is allowed to transfer from a temporary contract to an open-ended one, with the consent of all parties to the formalized labor relations.

For temporary and seasonal work

In case of seasonal activity, a temporary contract is concluded for a certain period.

The contract specifies the reasons for the conclusion of such a contract and the expiration of its validity. The document is drawn up in writing.

At the end of seasonal work, the employer notifies the employee no later than three calendar days about the termination of the contract. Non-working days counted as calendar days.

Below is an example of such a contract:

Concurrently

An employee who has 2 jobs (main and part-time) must have at least 2 employment contracts.

An employment contract with a part-time partner is mandatory. It should state that this activity is carried out part-time.

A temporary contract for part-time employment is concluded for a period not exceeding 5 years. The minimum term is not established by law.

An entry in the work book is made only if the employee works in this way.

It is prohibited to work part-time for a person under the age of 18, a municipal employee, a judge, a member of the Government and other similar categories (with the exception of activities in teaching and creativity).

Below is an example of this agreement:

Pregnant women

A temporary contract cannot be terminated with a pregnant employee. The end of it is permissible only a week after the end of pregnancy.

Leaders and directors

The conclusion of a temporary contract with the head of the organization is allowed only by agreement of the parties.

pensioners

The Labor Code of the Russian Federation provides for the conclusion of a fixed-term contract with a person of retirement age.

However, if such an age was reached during the validity of an open-ended employment relationship, then renegotiation of the contract is not required.

With a foreign citizen

According to labor law, a temporary contract with foreign citizen can be concluded, and without a fixed term and regardless of the period of validity of the work permit.

Involvement of a foreigner in work is possible upon reaching the age of 18.

The exception is highly qualified specialists in the field of trade in folk and pharmaceutical goods.

Holidays

Regardless of what contract is concluded with the employee, he is entitled to leave.

The difference can only be related to the period of work:

• When concluding a temporary contract for a period not exceeding 6 months, the calculation is made on the basis of the conditions - two days of rest per working month (six-day working week). Working days, holidays and weekends are not taken into account when calculating vacation.
• With a fixed-term contract concluded for seasonal work for more than 2 months, the condition of vacation days changes to 2.33 days. It turns out that when calculating vacation for a full working year, a seasonal worker is given a full vacation with a period of 28 days.

Compensation for unused vacation calculated based on general conditions: 2.33 days for one month of employment.

Financial questions

Below are the main financial issues that may arise when concluding a fixed-term employment contract.

Salary

Remuneration under a fixed-term contract does not differ in any way from remuneration under a standard open-ended contract.

All tariffs are mandatory.

Payment can be made both in cash and by bank transfer. The type of calculation is also indicated in the relevant clause of the employment contract.

sick leave

Paying sick leave for an employee under a fixed-term contract is considered the responsibility of the manager.

If an employee has worked for more than 6 months, then sick leave is calculated based on the standard scheme.

If, however, an employee arranged under a temporary contract worked for less than 6 months, then the code in sick leave - 46.

The maximum days for which payment is due in this case is 75.

Compensation for unused vacation days

accrued on the days worked by the employee in compliance with the general conditions:

• If the hours worked are not a whole month, but are the majority of it, then the calculation is made from the full month.
• If the time worked is less than a month, then compensation is not charged for this time.

Taxation

Taxation for employees hired under a temporary contract is identical with the application of a single tax to employees with an indefinite contract.

If a temporary worker has worked for less than a full year, then a single tax is applied to him, minus the time when the work activity was not carried out.

The same requirements apply to personal income tax certificates as to documents of permanent employees.

Indexing

Indexing can be established only by agreement of the parties and is not the responsibility of the manager.

If, by agreement of the parties, indexation is provided, then this clause must be included in the text of the agreement.

Extension

A fixed-term employment contract may be extended for a new term.

Conditions

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

• with athletes;
• pregnant women;
• higher educational institution(upon winning a competition for a position).

When extending a temporary contract, an appropriate annex is drawn up, which indicates additional activities or a new period of validity.

Despite the extension of the temporary contract, the total period cannot exceed a period of five years.

If the extension provides for a longer period, then it is unacceptable. In this case, there can only be a renegotiation of the document.

Order

Immediately after writing and signing an additional agreement to the temporary contract, an appropriate order is issued (form T1 or T1a).

This order must specify the extension period.

Example:

Additional agreement

If you wish to extend the temporary contract before the end of its term, an additional agreement is filled out.

If a change in conditions is implied, then this must be written in the document. It is also worth indicating the period of validity of the additional agreement.

Below is an example of this document:

Termination

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

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

Employee initiative

Dismissal under a fixed-term contract at the request of an employee is permissible.

Three days before the desired dismissal, the employee must notify the employer in writing.

For example, Antonov was hired under a fixed-term employment agreement, but after some time he received more good suggestion and decided to change jobs. In this case, the termination of the employment agreement is carried out at the initiative of the employee. He must only notify the employer of his intention to change jobs.

Employer initiative

The employer has the right to dismiss the employee, issued under a temporary employment contract, in case of non-fulfillment of labor duties by him.

However, they cannot simply dismiss an employee, for this there must be reasons that are provided for in the legislation.

Dismissal of a pregnant woman and a mother on parental leave

Dismissal of a pregnant employee is allowed only upon liquidation of the organization/enterprise.

The rest of the reasons for dismissal are considered invalid.

Women on parental leave may be fired when a key employee exits.

Documentation of dismissal

Upon dismissal of an employee, certain documents must be drawn up.

Notification

Notice of dismissal can be issued in any order. It is transferred directly to the dismissed employee by the personnel department specialist.

The indication of the reason for dismissal is considered mandatory.

The notification is issued in two copies, one of which is transferred to the employee, and the second to the employer.

Below is an example of such a notification:

Order

After signing the notification by the employee, an order is drawn up for dismissal, which indicates the reason (termination of the fixed-term contract, failure to fulfill official duties etc.).

Below is an example of such a document:

Payments and compensation

All settlements with an employee under a fixed-term contract upon dismissal are made according to the standard scheme.

The settlement with the dismissed employee must be made on the last working day. On this day, he is also given a completed work book.

Frequently asked Questions

Below are answers to frequently asked questions regarding a fixed-term employment agreement.

Is it possible to transfer from an open-ended to a temporary contract?

This process governs Labor Code RF.

Transfer from an open-ended work regime to a fixed-term contract is allowed only with the agreement of the employee himself.

Is it possible to conclude with an IP?

Yes, you can. Conclusion of a temporary employee contract with individual entrepreneur possible subject to the standard scheme of registration of such an agreement.

How many times can you apply with the same employee?

The legislation does not provide for restrictions on the number of fixed-term contracts concluded with the same employee.

However, when applying to the court, it can be recognized as indefinite.

In what cases is a medical examination required before hiring?

Mandatory medical examination must pass:

• minors;
• workers engaged in hazardous or heavy work;
• workers Food Industry, employees children's institution, trade;
• shift workers;
• specialists sent to work in the Far North;
• sports workers;
• persons participating in activities during the movement of the train;
• employees of customs authorities;
• rescuers and judges;
• employees of educational institutions;
• medical workers.

Which is better - a contract or a fixed-term contract?

If regular activities are supposed to be performed, then it is better to conclude an employment contract. In the case when the activity is of a one-time nature, it is more expedient to draw up a work contract.

It follows from the above that the current legislation carefully regulates not only the procedure and rules for concluding a fixed-term employment agreement, but also the procedure for terminating it.

At the same time, both parties to the agreement must strictly comply with all legal requirements. This is especially true of the employer, who may be held liable for the violations committed.

In practice, there are often disputes between the parties to the agreement.

In such a situation, it is advisable to seek help from qualified specialist who can help and protect the rights and interests of his client.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.

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

Who and with whom can conclude such a document?

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

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

Advantages and disadvantages

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

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

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

Conditions for issuing a fixed-term employment contract

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

Foundations

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

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

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

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

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

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

These grounds include the following:

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

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

Required documents

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

Statement

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

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

Order

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

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

The nuances of the conclusion with different categories of citizens

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

Minors

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

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

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

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

Pregnant women

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

Read also: What is the duration of the employment contract?

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

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

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

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

pensioners

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

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

Leaders

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

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

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

Payment Features

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

Compensation for unused vacation

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

For all other categories of employees who have concluded temporary employment contracts, general principles calculation of holidays and compensation for them.

Vacations and sick days

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

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

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

Termination Features

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