Conditions and grounds for concluding fixed-term employment contracts. Fixed-term employment contract. Violation of the current legislation by the employer

In this article, we will look at how an urgent labor contract, and also find out why it is needed and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document according to which the employee will work for a certain period of time. The chief in this case concludes that after the end of this period labor Relations will be completed.

People decide to secure such an agreement in connection with the occurrence of certain reasons, for example, if the job seeker is not entitled to conclude a devil fixed-term contract:

Due to the fact that an employee who previously held a vacant position is currently on maternity leave (it is established by law that this position still belongs to that employee).
In connection with seasonal work, when, for example, a picker is needed, and the organization cannot provide effective work without attracting additional labor.
Work under a fixed-term employment contract, where employees are now recruited, is not permanent and lasts about 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see) who will “promote” the organization by distributing leaflets on the street.
New employees may also be required if the company is just starting to "go out", so the designer needs to develop a logo or create a website.
The organization now needs people who will be involved in the same area: interns, trainees, etc.
There are also situations when it is possible to conclude an open-ended contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such persons:

managers, their deputies and an accounting specialist of the company;
full-time students;
part-time workers;
people who work to prevent emergencies;
retirees who are re-employed after reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
IE employees, where the number does not exceed 35 people;
workers on sea and river vessels;
persons who are looking for work in connection with moving to the regions of the Far North;
creative workers (writing, theater, cinema, circus).

If you would like to see a complete list of occupations, all information can be found in Articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When it is necessary to conclude a fixed-term employment contract

In what cases should such a form be drawn up:

for the period of replacement of an absent employee, to whom he is still assigned former place work;
for a period when it will be necessary to perform temporary work;
seasonal work;
if a person is transferred to work abroad;
for the implementation of labor that goes beyond the usual activities of the employer;
with people who are going to conclude a contract with a company created for a short period of time;
with employees who get a job to carry out a specific job in situations where its end cannot be set on a specific date;
to carry out work directly related to practice, or additional professional education in the form of an internship;
in the case of employment in the authorities state power and local government, in political parties and other public associations;
with people who were redirected by the public health services bodies to work of a non-permanent nature and public works;
with persons who are going to pass AGS;
other situations fixed by law.

Positive and negative characteristics

The following positive features were identified for the employee:

the presence of certain social guarantees;
receipt of a specific amount after dismissal due to the termination of the enterprise;
a fixed-term contract can be drawn up only if all the requirements prescribed by law are observed.

However, negative properties are also highlighted:

leaving work due to the fact that the contract has terminated;
dismissal due to the fact that an old employee returned;
difficulties encountered due to the fact that it is necessary to take care of the child;

As for the person who hires employees in connection with the execution of a temporary contract, then the disadvantage for him can be the pregnancy of the employee, and, accordingly, the suspension from office for some time. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If we talk about the positive side, then it must be said that in this case the employer can fully control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract

The Labor Code sets out the basic requirements and rules. The document contains unconditional grounds and the conclusion of the document in connection with the agreement of both parties.

Consider a fixed-term employment contract and its terms:

fixation of the contract due to leaving the place of work for some time by another employee;
the establishment of temporary or seasonal work;
work abroad;
due to an increase in volumes at the enterprise;
if the company will only operate for a specific time;
during the internship period of the future employee;
during the attachment to the vacancy in question;
with non-permanent funding of an elected body;
when working from the labor exchange and at the AGS.

The main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

Article 78 of the Labor Code of the Russian Federation contains information that the document can be terminated at any time. Thus, the employee can be fired, even if at this time he is on vacation or on sick leave. With this foundation, the boss can make the cut as quickly as possible.
The employee also has a number of advantages in this case, since there is no need to notify your boss within two weeks that you are leaving the place of work. The employee will receive payments immediately, not partially. An additional plus is that upon dismissal there will be no need to discuss this topic with trade union organizations(81 of the Labor Code of the Russian Federation).

The contract for vocational training in an organization with a future employee or for vocational retraining with an employee of this organization may also be terminated (208 of the Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or in connection with the conditions specified in the form.

It is possible to extend the term of the contract, which establishes a fixed-term employment relationship, for a period of time.

If you choose to renew indefinitely, then you will not need to sign additional documents, since under the terms of the contract, over time, it ceases to be valid. However, the relationship based on the agreement between the employee and the employer on the employee's personal performance of the labor function is still real even after the date that establishes the end of the fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are going to renew the employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of a relationship under a fixed-term contract cannot exceed a period of up to 5 years.

Extension of a fixed-term employment contract for a new term

In 2018, it was established that an agreement for a specific time is needed more by the employer than by the employee. Why? This is explained as follows: the bosses take responsibility only for a while, so at any time they can break the contract. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for a new term is carried out only if the person has really serious reasons for this.

How to hire staff on a fixed-term employment contract

Let us consider in more detail what are the stages of registration of the document in question:

Direct conclusion of the contract. Here you need to specify the period (a specific date, if any, and other mandatory conditions). Before signing the document, the employee must study the internal regulations.
The company issues an order for the employee to start work. The employee must sign the form within three days.
Registration of a work book.
Filling in a personal card in accordance with the sample.

Probation

Article 70 of the Labor Code of the Russian Federation contains a complete list of people for whom probation... This includes individuals who:

draw up a contract for up to 2 months;
passed the competition;
receive a salary for an elective position;
persons of the AGS;
are engaged in the upbringing of their children up to 1.5 years old and pregnant women;
graduates who have just graduated, and now they get a job on a diploma, as well as students who have been in practice at this enterprise;
have not reached the age of 18;
were transferred from another boss.

Employees who will be at the enterprise within 2-6 months - 2 weeks.
Managers, deputies, chief accountants - 0.5 years.
Employees performing certain duties in accordance with their position at public service- month-6 months-year.
In other cases, it is set for 3 months.

Features when working with retirees

The boss can conclude a contract with the pensioner for a certain period. However, there is a nuance here: if you have now concluded termless contract but upon reaching retirement age the citizen wanted to transfer the contract to an urgent type, there is no need for this.

Holidays

A vacation or a sick person receives according to the basic rules, which do not depend in any way on the time period of the contract.

How to fire a pregnant woman

Article 261, part 2 of the Labor Code of the Russian Federation states that at a given period in a woman's life, a fixed-term employment contract cannot be terminated, even if its term for concluding a fixed-term employment contract has expired.

On the basis of a written application, it is only possible to extend the contract until the moment the child is born.

Here, too, there is a small nuance: if the girl was a replacement for an absent employee, then after his release, the expectant mother will have to choose another one. open vacancy... If it is impossible to make a translation, then it is necessary to provide a written refusal from the worker.

For how long is a fixed-term employment contract

A fixed-term employment contract is concluded for up to 5 years, and the minimum is not limited, that is, in fact, an agreement can be concluded for 1 day.

The end or termination of the term of a fixed-term employment contract and the reasons for such a procedure

Early termination can occur in the following situations:

with the consent of both persons (Article 78);
execution of an application from an employee (Article 80), as well as providing the manager with this information in 14 calendar days;
at the request of the head of the company (Article 81), in this case he must notify the employee at least one month before the expiration of the contract.

Is there a way to transfer a fixed-term contract to an unlimited one

If no one has expressed their desire to terminate a fixed-term employment contract, then it is considered that now the contract is indefinite.

Sample of an open-ended employment contract

Features of a temporary employment contract

In this case, the person must necessarily indicate the period for which he concludes the contract.

However, there are cases in life when it is impossible to say for sure about the termination of the document ( maternity leave). In this situation, the end date of the contract will be set after the employee leaves the vacation.

As we can see, a fixed-term employment contract requires a careful study of all aspects. Prolongation of a fixed-term employment contract is possible only in certain cases, which we considered earlier. Hiring under a fixed-term employment contract may occur, but this is a more profitable option for the employer than for the employee himself.

Interesting Facts

Temporary work is most often liked by students, housewives or retirees who want to earn extra money in their free time.
Judicial practice shows that frequent renegotiations do not comply with the law.
In the history of entrepreneurship, it happened that the business owner had to liquidate the company in order to dismiss the unwanted expectant mother in accordance with the law, so as not to get into legal squabbles.

Upon the expiration of the term of the employment contract, the employer is obliged to timely dismiss the employee or renew the agreement with him. How to fire an employee correctly, without violating his rights, what documents need to be drawn up - step-by-step instruction upon dismissal of an urgent employee.

Dismissal at the end of the term of the employment contract is the termination of the employment relationship between the employer and the performer due to the termination of the fixed-term contract.

All actions related to the procedure for such dismissal are described in Art. 79 of the Labor Code of the Russian Federation.

According to the legislative act, the dismissal of an urgent employee must be completed in a timely manner, since otherwise the employment contract will be considered extended for an indefinite amount of time and good reasons will be needed to dismiss the employee. In this case, it will be necessary to make changes to the labor agreement, since there will already be completely different grounds for cooperation.

Important: the entire dismissal procedure should begin with notifying the employee 3 days before the end of the employment contract.

It should be remembered that:

If this date falls on the period of the sick leave, then it is not postponed, and the sick leave should be paid in full for all the days of the employee's stay on it, even if he has already been fired;
When the required amount of work is completed, the date of the end of the contract is the date of full completion of the specified amount;
In the case of a contract with a temporarily established enterprise, labor relations are terminated on the day of the liquidation of the company;
When replacing a temporarily absent employee, labor contract it stops on the day of his return to work, there is no need to notify the employee;
When performing seasonal work, the contract terminates upon the end of the specified period, in which case the employer is not obliged to notify the employee.

An employee who works under an expiring labor contract, unlike an employer, is not obliged to do anything, he has the right at the end of the term not to go to work at all without warning, and the employer does not have the right to punish him. If the management has a desire to extend cooperation, it is necessary to invite the employee to draw up an annex to the employment contract.

Dismissal rules upon expiration of the employment contract - step by step instructions 2017 - 2018

In order to avoid any complications in the termination of employment, each employer must act in accordance with the requirements of the law.

It is necessary to dismiss an employee upon the expiration of the term of the contract according to the following step-by-step instructions:

Step 1. Providing the employee with a notice 3 days before the termination of the employment contract.

This notice is supposed to be drawn up in a free style in 2 copies, the original for the employee, and a copy for filing in a personal file, the employee must sign on it indicating the date of receipt of the notice.

If an urgent employee replaces an absent one, then there is no need to warn about the expiration. The contract automatically terminates when a permanent worker appears at work.

Sample notice:

Step 2. Drawing up an act of acceptance and delivery - if the employee was obliged under a fixed-term employment contract to complete the amount of work, then it is necessary to form an act of delivery of this work in 2 copies, while the intended copy for the employer is filed into the employee's personal file.

To draw up a document, it is permissible to use a unified form or take it as a sample.

Step 3. Issuance of a dismissal order.

The preparation of the document is carried out using the unified form T-8 or T-8a - for several employees.

The document should indicate the basis for the termination of relations - the expiration of the employment contract under clause 2 of Article 77 of the Labor Code of the Russian Federation, also indicate the period of the end of the contract and the details of the employee's notification of the end of the legal relationship.

Important: the use of unified forms, according to the innovations in the legislation since 2013, is not necessary, which makes it possible for the enterprise to form accounting documents according to its characteristics, however, it is necessary to adhere to the application of the main points.

Sample order of dismissal:

Step 4. Signature of the order by the employee.

The employer must obligatorily familiarize the employee with the document for which it was published - a copy is filed into the file.

Step 5. Calculation of the amounts due to be paid to the employee.

Step 6. Record in a personal card.

The basis for dismissal due to the expiration of the employment contract is transferred from the order to the last section of the T-2 card.

Step 7... Employment book entry.

It is necessary to indicate that the employment agreement has expired due to the expiration of the term and to make a reference to clause 2 of Art. 77 of the Labor Code of the Russian Federation - by analogy with the recording of the dismissal order.

Important: if the day of termination of the employment contract fell on a holiday or weekend, you must indicate the first working day after them.

Step 8. Dismissal of an employee with the presentation of the necessary documentation and proper payment, while he must sign his personal card and in the work record book.

Calculation of an urgent employee upon dismissal

An employee working on a fixed-term contract must pay all the required compensation for unaccompanied vacations.

The entire step-by-step procedure and nuances of payments, the amount of which depends on the term of the employment contract, is described in the Labor Code of the Russian Federation.

Wherein:

An employee who has signed a fixed-term contract for a period of up to 2 months is entitled to vacation compensation if he has worked at the enterprise for more than 15 days.

In this case, when calculating, the amount of months worked is multiplied by 2 and the resulting figure is multiplied by the average daily earnings.

If an urgent worker has worked less than 2 weeks, such days are not taken into account in the calculation, and if more, then the number of days corresponding to a full month is taken into account.

An employee who has entered into a fixed-term employment contract for a period of 2 to 11 months receives compensation using the same calculation procedure as before, but the amount will already be different.
In the case of a fixed-term contract for a period of more than 11 months, a coefficient of 2.33 is used in the calculation, while it is necessary to deduct the number of vacation days used.

Pay monetary compensation and all the earned funds to the dismissed at the expiration of the employment contract must be made on the day of the employee's dismissal in accordance with the law.

Is it possible to fire a pregnant woman under a fixed-term employment contract

In the course of urgent cooperation with a woman, it may happen that after this period she will be pregnant, then the employer will not be able to fire her if:

She writes a corresponding statement;
The employee provides a medical certificate confirming the diagnosis.

In this case, the dismissal of the pregnant woman is impossible and the employer is obliged to renew the fixed-term employment contract until the end of the pregnancy, regardless of its outcome.

The date of dismissal in this case will be:

When granting maternity leave, its last day;
If leave is not granted within a week after the end of the pregnancy.

Important: parental leave is not granted.

The maternity allowance with timely registration and at the birth of a child is paid in accordance with legal requirements.

When can a pregnant woman be fired?

In this case, the employer has the opportunity to dismiss a pregnant employee in connection with the expiration of a fixed-term employment contract, subject to the following conditions:

This employee was hired to replace an absent specialist;
Transferring an employee to easier work with her consent is unacceptable.

During such a dismissal, the employer is obliged to offer the pregnant employee all existing vacancies corresponding to her qualifications or a rank lower, with the corresponding payment or an order of magnitude lower.

After termination of a fixed-term employment contract due to its expiration and full settlement with the employee, the employer is not obliged to urgently notify the FIU, since the report for this will occur at the end of the reporting period, however, if desired, instant notification is available.

It should also be remembered that cooperation on an urgent basis is fully spelled out in the legislation, which requires its proper implementation.

Questions and answers on the topic of dismissal of fixed-term workers in 2018

Question 1: The employment contract expires on a day off. Is it possible to issue a dismissal on weekends?

Answer: The main thing is not to infringe on the rights of the employee. It will be correct to issue your dismissal on the next working day.

Question 2: We have an employee on a fixed-term contract - she said she was pregnant. Is the company obliged to accrue and pay maternity to her?

Answer: The employer is obliged to extend the term of the contract and pay a lump sum for early registration and maternity benefits. The only exception is the replacement of the absent person and his return to work. In this case, even a pregnant woman quits. If, due to her condition, she cannot work at her previous job until the decree, then the company must offer other vacancies that she can work on.

Question 3: I was hired for a limited period, but I did not find a validity period in the employment contract. What does it mean?

Answer: This means that the employment contract is open-ended. Oral agreements are not valid in this case, the content of the contract is important, and if there is no validity period in it in any form (completion of work, exit of a permanent employee, a specific date or a certain period), then it is recognized as indefinite. They do not have the right to dismiss you under clause 2 of article 77.

Question 4: By e-mail I received a notice of dismissal from the employer 3 days in advance - the term of the employment contract expires. After 3 days, I was fired under clause 2 of article 77. Is the employer's actions lawful?

Answer: The notice must be in writing on which you must affix your acquaintance visa. The electronic version does not confirm the employer's fulfillment of the obligation to inform the employee about the dismissal. You have the right to go to court, which will demand to reinstate you in your workplace in connection with violation of labor laws - the employer will not have a written confirmation of the notification with your signature.

Question 5: We missed the moment of the expiration of the contract with the employee, he is still working on. How to fire him now?

Answer: If the term is missed, then the employment contract has become indefinite. An employee can be dismissed only on general grounds.

Question 6: The fixed-term worker is pregnant, but she did not submit an application for the extension of the contract and did not bring a certificate. Can I fire her?

Answer: The situation is not unambiguous, there is a practice of various court decisions. On the one hand, the renewal is carried out on the basis of an application and a certificate. On the other hand, this situation is accurately described in the Labor Code of the Russian Federation and is an obligation for the employer. Perhaps the employee does not know about her rights, you need to inform her about this. It is possible that after being fired, she learns that it was possible to continue working and receive maternity leave, and will apply to the court for the protection of her rights. The court's decision may be on her side.

Question 7: Is it possible to fire an employee due to the termination of a fixed-term contract if he is on sick leave?

Answer: Yes, you can. But sick leave must be paid in full.

Ask your question in the comments and get an answer for free!

A fixed-term employment contract is concluded only in those cases that are provided for by law. A fixed-term contract, which is concluded at the request of the employer without sufficient grounds, is considered concluded for an indefinite period.

Employers have the right to issue temporary contracts when the employment relationship cannot be established for an indefinite period. Such contracts are drawn up:

Only in those cases, which are provided by the legislation;
Given the nature of the work;
Taking into account the conditions of the work.

There are two types of grounds for formalizing fixed-term contracts: mandatory and by agreement of the parties. In other words, the legislation separates situations when a temporary contract is concluded regardless of the wishes of the parties and when it is drawn up at the personal request of the parties.

The Labor Code contains a closed list of grounds according to which a temporary contract is concluded. If a fixed-term contract is not concluded in accordance with these grounds, it is considered concluded for an indefinite period.

Let's consider each of the types of bases in more detail.

A fixed-term employment contract is concluded without fail in the following cases:

For the duration of temporary work, the duration of which is less than two months;
Citizens were sent to work abroad;
For the duration of work of a seasonal nature;
For the duration of the duties of the absent employee;
Persons get a job in a company that is set up for a predetermined time to perform a specific job;
The jobs for which employees are hired are different from the jobs that the organization normally does;
The work is associated with an increase in the volume of production for a while;
Citizens are sent to undergo civil service;
Persons are hired, the end of which cannot be determined by a specific date;
Internship;
Election for a specific term to an elective office;
Citizens are sent to work by employment agencies.

By agreement of the parties, the contract is concluded:

With citizens who get a job with employers who are engaged in small businesses, the number of their employees is less than thirty-five people (if the organization is engaged in retail- no more than twenty people);
With pensioners;
With citizens who, because of their health, can only work temporarily;
With persons who get a job in companies located in the Far North;
With citizens selected on a competitive basis to fill a position;
For urgent work to prevent various accidents and disasters, as well as to eliminate the consequences after them;
With citizens creative professions;
With persons holding managerial positions, including chief accountants;
With full-time students;
With citizens taking part-time jobs;
In other cases that are provided by law.

It should be noted that a fixed-term contract is concluded in accordance with the general rules. However, apart from general provisions the text of the agreement must contain:

The reason for concluding a temporary contract, always with reference to the TC;
The duration of the contract.

Violation of the current legislation by the employer

If, when registering a temporary contract, the employer violated any norms of the law, the employee has the right to defend his rights. To do this, he can apply to the court.

If there is controversial situation, the court recognizes a temporary contract as a contract concluded for an indefinite period if, upon its conclusion, the employer:

Did not specify the term of its validity in the text of the agreement;
I did not take into account the list of cases in which it is possible to conclude a temporary contract;
Did not indicate the reason why the contract is concluded for a specific period;
Did not provide the employee with the stipulated rights and guarantees.

If the dismissal of an employee is made on unlawful grounds, the court will oblige the employer to:

Reinstatement of the employee in the previous position;
Payment of wages to the employee for the period of forced absenteeism;
Payment of compensation for causing moral damage.

It is worth noting that the court may recognize a temporary contract as a contract concluded for an indefinite period not only upon termination of the contract, but also during its validity.

Changing the term of the contract

It is quite common for employers to wonder if the term of a temporary contract can be changed.

By general rule extension of the period of validity of the temporary agreement is prohibited. However, there are exceptions to all the rules. So, in this situation, there are cases in which the employer can (and sometimes even is obliged) to extend the term of the contract. In accordance with these exceptions, the contract can be extended from:

Workers of higher educational institutions, selected by a competitive method to fill a previously held position;
Athletes;
Expectant mothers (if the woman writes an application for an extension and provides a certificate from a doctor).

The contract can only be extended in these three cases. To extend the term of the contract in other cases, you can make changes to the text of the contract. This can be done by signing an additional agreement.

Renewing the contract with additional agreements employers should remember that the maximum allowable renewal period is five years. Also, for the extension of the contract, the grounds on which the contract was concluded must be preserved.

For more information on the conditions for extending a fixed-term employment contract, see.

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

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

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

When they conclude a fixed-term employment contract

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

The grounds for concluding a fixed-term employment contract are listed in part 1 of article 59 Labor Code... And in part 2 of article 59 of the Labor Code of the Russian Federation, cases are spelled out when a fixed-term employment contract can be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of labor relations is exhaustive. This is also stated in the letter of Ros-Labor dated 12/18/2008 No. 6963-TZ.

Table.

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

* List of jobs, professions, positions creative workers approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

If, when registering an employment relationship, the specified grounds are absent, the employer cannot conclude a fixed-term employment contract with the employee. Otherwise, at labor dispute this fact will qualify as a violation of the employee's rights. In addition, it is impossible to conclude fixed-term employment contracts multiple times without a temporary break, if it is about the performance of employees of the same job function. This, in particular, is stated in paragraph 14 of the resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts Russian Federation Of the Labor Code of the Russian Federation "(hereinafter referred to as Resolution No. 2). Given the circumstances of the case, such contracts may be deemed concluded for an indefinite period.

We draw up a fixed-term employment contract

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

Mandatory conditions of an employment contract

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

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

How to determine the terms of the contract

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

The expiration date of the agreement has been determined. If a specific date has been set when the term of the employment contract expires, it must be recorded in the document. Recall that a fixed-term contract can be concluded for a period not exceeding five years.

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

Consider how a deadline record can be formulated, using an example.

Example 1

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

Solution

The clause of the contract, which spells out the term for its validity, will look like this:

“2. Contract time

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

The expiration date of the agreement has not been determined. In some cases, it is impossible to determine the end date of the employment contract. Here are some typical situations when a condition on its validity period is prescribed in the contract, and not a specific date. So, the conclusion of a fixed-term employment contract is possible:

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

In these cases, the expiration of the term of the employment contract is associated with a specific event, for example, with the return of an employee to work after a long illness. In this regard, Resolution No. 2 provides the following explanations. If a fixed-term employment contract is concluded for the performance of a certain work, and the exact date of its completion is not known, the contract terminates upon completion of this work by virtue of part 2 of article 79 of the Labor Code.

Example 2

Confectioner P.L. Pryanishnikov was admitted to LLC "Vanilla" for the time the pastry chef V.A. Kalacheva course of treatment in the hospital since August 1, 2010. With P.L. Pryanishnikova signed a fixed-term employment contract. How will the condition on the term of the contract be spelled out, if it is not known exactly when V.A. Will Kalacheva return to her workplace?

Solution

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

“2. Contract time

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

2.3. The contract was concluded for the period of temporary incapacity for work of the pastry chef V.A. Kalacheva, who retains her workplace.

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

2.5. If the main employee V.A. Kalachevic disability with limited ability to labor activity or by dismissal, the Employer shall extend this agreement with the substitute Employee for an indefinite period. "

Probation

Can a probationary period be set when concluding a fixed-term employment contract? It all depends on how long and for what work the employee is hired.

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

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

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

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

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

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

We draw up a fixed-term employment contract

Let's go directly to the design of the document. As we noted above, all prerequisites must be included.

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

Example 3

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

Solution

The fixed-term contract is listed below.

Employment record for employment

According to clause 4 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation No. 225 dated 04.16.2003, information about the employee, the work performed by him, transfer to another is entered in the work book permanent job, dismissal, as well as indicate the grounds for terminating the employment contract and enter information about the reward for success in work.

Accordingly, if a fixed-term employment contract is concluded with an employee for any period, it is necessary to make an entry about this in the work book or start a new one, if there is none. The employer must make a record of employment in the work record book of the conscript, if he has worked for him for more than five days and this work is the main one for this employee. This is the requirement of clause 3 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04.16.2003 No. 225.

However, this does not mean that it is necessary to indicate in the work book that it is a fixed-term employment contract that has been concluded. Also, attention is not focused on the fact that an employee, for example, replaces an absent specialist. It is enough to make a standard entry, for example: "Hired for the position of a mechanic", indicating the serial number of the entry, date, as well as the details of the order of employment. This, in particular, is stated in the letter Federal Service on labor and employment from 06.04.2010 No. 937-6-1.

Leave of a conscript worker

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

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

Leave payment is made based on the average wage, which is calculated according to the rules established in article 139 of the Labor Code, as well as in the Regulation on the specifics of the procedure for calculating the average wage, approved by the Government of the Russian Federation of 12.24.2007 No. 922.

In accordance with part 1 of Article 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, on the basis of his written application, may be granted unpaid leave for the duration established by the labor legislation of the Russian Federation and the rules of internal work schedule employer.

Prolongation of a fixed-term employment contract

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

Mandatory prolongation of the contract

A fixed-term employment contract can be renewed on a mandatory basis only in one case - when it coincides with the employee's pregnancy period. In this situation, the employer is obliged to extend the term of the employment contract until the end of the pregnancy. This is stated in part 2 of article 261 of the Labor Code.

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

Prolongation by agreement of the parties

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

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

However, in this case, it is desirable to draw up a number of documents. Such recommendations are given in the letter of Rostrud dated 20.11.2006 No. 1904-6-1.

First of all, it is additional agreement to the employment contract. In it, you can give the following wording: "State clause No. ... in the following edition:" This employment contract is concluded for an indefinite period. "

Fixed-term contract with a pensioner

Often employers enter into fixed-term contracts with retirees. At the same time, many believe that this is the only form of relationship with this category of workers. However, it is not. The Decision of the Constitutional Court of 15.05.2007 No. 378-O-P states that when concluding an employment contract with a pensioner, the term can be set only by agreement of the parties. A similar conclusion is contained in paragraph 13 of Resolution No. 2.

Consequently, it is possible to conclude employment contracts with retired workers for an indefinite period. Also, there is no need to fire an employee who has received the status of a pensioner and conclude a fixed-term contract with him. He can continue to work on the basis of a previously concluded open-ended contract.

Termination of a fixed-term employment contract

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

The notice is drawn up in any form. It must contain the term for termination of the contract and the justification (for example, in connection with the completion of work).

Dismissal order

After the employee is notified of the end of the employment contract and there are no obstacles to its termination, the manager issues an order to dismiss the employee. For this, there are two unified forms No. T-8 and T-8a (in case of dismissal of several employees), which are approved by the decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and remuneration."

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

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

Employment record

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

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

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

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

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

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

If the employee is on sick leave at the moment when his contract expires, the fixed-term employment contract is not renewed. An employee is dismissed for general reasons. However, the sick leave must be paid. The employer is obliged to this by article 183 of the Labor Code of the Russian Federation. It says that in the event of temporary disability, the employer pays the employee a temporary disability benefit in accordance with federal laws.

In turn, in paragraph 2 of Article 5 Federal law dated December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" it says that temporary disability benefits are paid to insured persons not only during the period of work under an employment contract, but also in cases when a disease or the injury occurred within 30 calendar days from the date of its termination.

Taxation and accounting of dismissal payments

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

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

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

The first two payments are taxed:

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

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

Wages are subject to contributions for injuries (clause 3 of the Rules for calculating, accounting and spending funds for compulsory social insurance against industrial accidents and occupational diseases, approved by the Government of the Russian Federation of 03/02/2000 No. 184).

Compensation is not subject to contributions for injuries (clause 1 of the List of payments that are not accrued insurance premiums in the FSS of Russia, approved by the decree of the Government of the Russian Federation of 07.07.99 No. 765).

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

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

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

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

DEBIT 70 CREDIT 68 subaccount "Settlements for personal income tax" - withholding personal income tax from payments that are subject to this tax;

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

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

Companies do not always need a constant number of staff to operate successfully. Business interests require the execution of some work with varying volume and intensity only in limited calendar periods. In this case, the number of personnel required to fulfill them may fluctuate and it is impractical to conclude an employment contract without a validity period with some employees. For such situations, the law provides for the possibility of using a fixed-term employment contract.

Content and conditions of application of fixed-term contracts

Legislation does not allow an employer to impose temporary cooperation on jobseekers. It clearly states that a fixed-term employment contract can be concluded in circumstances when:

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

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

Circumstances requiring the mandatory conclusion of an employment contract for a limited period	Cooperation for a limited period is formalized by agreement of the parties
1. When registering for the period of absence of an employee, if his place of work remains for him (maternity leave, childcare leave)	1. When hiring a small business with total number personnel up to 35 people (for trade and service up to 20 people)
2. For works of a limited scope in a certain calendar period of up to 2 months or more, based on the parameters of a natural character	2.With retired workers, as well as those who, on the instructions of a doctor, can work for a limited time
3. When performing duties on the territory of a foreign state	3. If for employment you need to migrate to the Far North
4. When carrying out installation, commissioning and other measures to expand production, with a predetermined limited implementation time	4. In the case of involving personnel to prevent man-made accidents, epidemics, as well as eliminate the consequences of emergency events
5. If the organization is initially created to perform temporary work or for a limited period	5. When elected through a competition held in accordance with legal regulations to replace a vacant position
6. If a citizen is hired to perform a certain amount of work, while the exact date of their completion is not known	6.With employees of creative professions in the field of media, cinema, theater
7. For the period industrial practice, study or internship	7.With top management of companies ( CEOs, chief accountants and their deputies)
8. When elected to work for an elective position or an elective structure for a predetermined period	8.With citizens studying at a university on a full-time basis
9. When directed to seasonal or temporary work from the employment service	9.With crews of naval ships
10. When performing civilian alternative service

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

- The reasons due to which the time of its application is limited;
- A date or other parameter indicating the moment of its expiration.

Attention!

If the employer does not indicate the circumstances that prompted him to resort to an employment relationship of a temporary nature, the contract may be recognized in judicial procedure indefinite. If the expiration date of the contract is not reflected, it is also recognized as valid for an indefinite period.

A fixed-term employment contract can be signed for a period of time within 5 years. The total duration of cooperation between the employer and the employee is fixed both by a clear date and by the performance of an action, after which it will be completed (part 2 of article 14, article 79 of the Labor Code of the Russian Federation, letters of Rostrud dated 28.12.2006 N 2264-6- 1).

The procedure for concluding a contract for a specified period

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

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

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

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

Important!

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

The contract stipulates all the necessary conditions, including the motives for the application of its temporary form and the date of its completion. The description of the circumstances that prompted the employer to use the urgent option of labor relations is based on the wording specified in Art. 59 of the Labor Code of the Russian Federation.

Option:

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

The time limit for the validity of the contract can be specified both by a fixed date and by an event terminating it. For example, "before leaving the parental leave of Elena Varfolomeeva." A probationary requirement can also be included in the text of an employment contract for a limited period. But there are some limitations to consider:

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

Features of drawing up an order for admission to temporary work

In the text of the order for employment, in addition to standard details, it is necessary to focus on the fact that the worker is hired for a limited time period and the period of the employment relationship will end with a certain date or event. For example, "for the duration of the duties of Elena Vitalievna Varfolomeeva, who is absent due to being on parental leave until the child reaches the age of 3" or "to perform seasonal work on picking berries"

The term for the termination of the employment relationship in the order must be completely identical to that specified in the contract. This can be either a specific date or an event after which the need to attract temporary personnel disappears, for example, "until the completion of cleaning work."

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

Information about admission to the work book is entered in the usual manner, without indicating the temporary nature of the hiring. It must be issued no later than one week after the issuance of the order for employment (clause 10 of the Decree of the Government of the Russian Federation of 04.16.2003 No. 225).

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

Important!

An example of a correct entry.

N records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
N records	number	month	year
1	2			3	4
				Society with limited liability"Flight" (LLC "Flight")
11	22	11	2019	She was accepted to the porridge packaging workshop for the position of a packer	Order dated November 22, 2019 No. 143-p

How is the dismissal in case of fixed-term employment contract

As a general rule, the employment relationship must be terminated at the time the employment contract expires (clause 2, part 1, article 77 of the Labor Code of the Russian Federation). This does not deprive both the employee and the employer of the rights to early termination of cooperation, until the end of the period of its validity on a general basis:

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

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

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

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

Specializes in labor law, accounting, enterprise economics, labor economics, personnel business.
Higher education in economics. 17 years of experience successful work in various positions in accounting departments, finance department, labor and wages department. He currently works as a labor and payroll economist at a large manufacturing company.

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