Fixed-term employment contract with a bricklayer. Employment under a fixed-term employment contract. Extension of a fixed-term employment contract

A fixed-term employment contract is a special form of agreement between an employee and a company, as it necessarily has a certain expiration date. By general rule Contracts with employees are continuing without a predetermined termination date. And only such urgent contracts in this row stand apart. Consider the features of such special cases.

When is a fixed-term contract with an employee possible?

Based on household logic, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months - look at the result and at the end of these months decide whether to cooperate further or not. It would seem that it's easier - we conclude a contract for 4 months - and it's all about the hat! However, labor legislation departs from such everyday logic and tells us that there are very few conditions that can cause an urgent contractual relationship between an employee and an employer. All of them are defined in article 59 of the Labor Code of Russia. Please note: only in these cases established by the Labor Code of the Russian Federation an urgent conclusion is possible employment contract.

If a person is hired while another employee is absent. The most common situations of such a plan are a woman on maternity leave or an employee on long-term treatment.
If the work is initially temporary and does not imply a period of more than 2 months. For example, if people are recruited for a specific short-term project.
If it is seasonal work due to climate or natural conditions region. Example: catching spawning fish, picking forest mushrooms / berries, harvesting vegetables and so on.
When it comes to working in an elected position, where a person is elected for a known concrete term.
If this is an internship job.
If employees are hired by an individual entrepreneur, as well as a legal entity, a small enterprise (employing up to 35 people).
If this work is not basic for a person, but part-time.
And in some other specific situations (see all the same article 59).

Also, the conclusion of a fixed-term employment contract of the 2017 model is valid with certain categories of people and professionals: pensioners, creative workers, top managers and chief accountants and others.

In other cases, except for those that are explicitly stated in the same article 59 of the Labor Code, it is necessary to draw up a regular, unlimited, contract with an employee. If the company concludes a contract for a certain period of time for reasons that are not indicated there, the employee can easily go to court. And the courts in such cases take the side of the person, recognizing as a result the contract is unlimited. And the employer receives a fine for violation of labor law.

Features of a fixed-term employment contract

In general, it differs little from the standard. It has one nuance - in fact, an indication of the period of relations between the parties. A fixed-term employment contract is concluded for a period determined jointly - but taking into account the conditions we talked about a little higher. When determining the term, of course, one must take into account the reason for the urgency - so if the employee came to work instead of a maternity leave, this is unlikely to be longer than the maternity leave. And if this is a seasonal mushroom picking job, then such a logic agreement cannot last longer than November.

Term Contract Form

As mentioned above, the model of a fixed-term employment contract with an employee of 2017 does not fundamentally differ from the usual one, except for the indication of the validity period in it. Therefore, to draw up such a document, you can take as a basis any other contract with an employee, adding a mandatory clause to it, for example, this:

In accordance with Part 1 of Article 59 of the Labor Code of the Russian Federation, this fixed-term employment contract is concluded for the period of absence of Svetlana Petrovna Ivanova from work (absent due to being on maternity leave until he reaches the age of three years).

The date of commencement of work under this agreement is 01.01.2017.

The date of termination of the employment contract is the date on which Ivanova S.P.

In other respects, such an agreement is similar to unlimited.

There is one more condition that should be taken into account when working with such contracts - a condition on a trial period for an employee. The fact is that for short-term contracts there are features:

if the term of the contract is up to two months, then there can be no trial period, this is illegal;
if the contract term is from two to six months, then the trial period should not be longer than 14 days.

for the duration of a certain job in the person acting on the basis, hereinafter referred to as " Society”, On the one hand, and c. , passport: series, No., issued, residing at: hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have concluded this agreement, hereinafter" Contract", As follows:

The employee is accepted for temporary work in the Company as.
Wage The employee makes rubles per month.
The employee during the period of work in the Company reports directly.
This employment contract is concluded for the duration of the work. Work must be completed no later than. Upon the expiration of the specified period, the validity of this agreement shall be terminated, with the exception of cases specified in paragraphs. 8 and 9 of the contract.
An employee is required to begin work with "" 2019.
The employee must comply with the following job responsibilitiesspecified in the job description.
Employee's place of work:.
After the work specified in clause 4 of the contract has been completed, this labor agreement may be extended by agreement of the parties, or a new labor agreement may be concluded between them for temporary or permanent employment.
The validity of the employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if labor Relations in fact, they are continuing and none of the parties demanded their termination in the following cases:
- if upon the expiration of the contract the work specified in clause 4 is not performed;
- if after completing the work specified in clause 4 of the contract, the Worker continues to perform work in this specialty and qualification.
Work in the Company is the main place of work of the Employee.
The working hours, rights and obligations of the parties, the grounds for termination of the employment contract and other conditions are determined in the Staff Regulations approved by the head of the Company.
Additional terms of this agreement:.
The terms of this employment contract are confidential and are not subject to disclosure.
The terms of this employment contract are binding on the parties. All changes and additions to this employment contract are made out in a bilateral written agreement.
In all other respects, which is not provided for by this agreement, the parties shall be governed by applicable law.
Parties are guided by internal regulations Companies (by the Staff Regulation, internal labor regulations, etc.) only if the Worker is familiarized with them against receipt.
Disputes between the parties arising in the performance of an employment contract are considered in the manner prescribed by applicable law.
The contract is drawn up in 2 copies having the same legal force, one of which is stored in the Company, and the other with the Employee.

Hello! Today we’ll talk about hiring a fixed-term employment contract. The features of such an agreement are spelled out in detail in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid litigation and fines, the employer should thoroughly understand all issues.

What is a fixed-term employment contract

Fixed-term employment contract - a common type of agreement between the employer and the employee, when for certain reasons these relations have an agreed termination date, in contrast to the usual one.

Download form, sample fixed-term employment contract
Download Sample order for employment under a fixed-term employment contract

Fixed-term and unlimited contracts - what is the difference

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

Index	Perpetual TD	Urgent TD
Validity	Does not expire	Five years maximum. The term may be indicated by a date or an event (exit of a permanent employee, end of temporary work). Also added to order
Reason for conclusion	Not specified	Be sure to spell out the order
Employee task	The employer is constantly entrusting new tasks	The task is one-time and specific
Employee Social Security	Provided by the Labor Code (sick leave, leave, etc.)	Similar to BTC, if the STD has not expired at the time of the warranty
State attitude	Perceived as a guarantee stable earnings population and economic prosperity	Possible source of risk in the form of abuse by the employer. Maximum

However, the employer is not always free to choose what type of contract to offer the applicant, since in some paragraphs the law requires the conclusion of an STD, and in some it makes such a move on the part of the employer possible, but not obligatory.

In what cases is it mandatory to register an employee for STD

There are types of work, the nature and conditions of which require the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal features, as well as the inability to find out the deadline for activity.

We list the main cases:

During the absence of a permanent employee (for example, due to maternity leave);
When sending an employee to work abroad;
When the athlete temporarily transfers to another employer;
If the employing organization itself is created temporarily to solve a specific problem;
For activities that are not typical of the organization;
To perform seasonal work;
For temporary work (up to two months);
For work in connection with a professional activity / internship;
For persons aimed at community service;
If the employee is a vice-rector of a higher educational institution;
If citizens undergo alternative civilian service;
When elected for a fixed term as a member of an elected body.

In what cases is it possible to register an employee for STD, but not necessarily

Optional STD is called "by agreement of the parties."

An employer may conclude it with persons in the following circumstances:

Small businesses with staff of no more than thirty-five people;
An employee of retirement age, as well as if, as prescribed by a doctor, he can only be in temporary work;
Work in the extreme north and is associated with moving there;
To eliminate the consequences of disasters, epidemics, accidents, as well as prevent these events;
People creative professions (cinema figures, media journalists, theater and circus artists);
Full-time employee at an educational institution;
Crew members of sea and river vessels;
Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activities of the company;
Part-timers;
Deputy posts of scientific and pedagogical staff in a higher educational institution;
Persons invited to a coaching position to prepare wards for competitions.

In all other cases (their overwhelming majority), the law prescribes the hiring of workers only under a fixed-term employment contract.

How to apply for work on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct filling of all documents. In general, employment under STD does not differ from traditional, but has several features.

In both cases, for employment, the employee must bring the following documents to the personnel department:

Passport or other identification document;
Workbook (if the work is first, the employer is not legally entitled to ask the employee to bring an empty book, since it is a document of strict reporting. It must be instituted by the employer);
State Pension Insurance Certificate (SNILS);
Documents of military registration - for persons liable for military service;
Certificate of education or qualification;
Certificate of good conduct.

Strictly under the Labor Code, the employer is not entitled to request from the employee TIN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee's activities (trade, education, public catering, and others).

After the documents are submitted by the employee, the next multistage stage begins - its execution personnel service organization. At this stage, there are a number of nuances inherent in STD.
Consider them in the table:

Stage No.	Document	Filling feature	Important to remember
	Application for a job	Hand-drawn on paper carrier. Its appearance remains at the discretion of the organization.	It is not a binding document. If available, stored in the employee’s personal card
	Employment contract	An indispensable condition - the contract must specify the expiration date. It should also provide a basis for its conclusion.	If the deadline is not specified, in the eyes of the law the contract will automatically become unlimited. Even if the term is indicated in the employment order
	The order of acceptance to work	The printed form T-1 (for one person) or T-1a (for several) is filled out. 2 dates are entered in the “date” cell - “from” and “to”	It is necessary to designate the event as the end of the contract if its calendar date is unknown. For example, "upon completion of apple picking in orchards"
	Employment history	Record of employment does not differ from record at BTC - “temporality” is not reflected in any way	“Urgency” will be reflected later, upon dismissal, through a record mentioning the expired contract
	Employee personal card	The card has a uniform form T-2	After reviewing the entry in the workbook and personal card, the employee signs on the 2nd and 3rd page of the card
	Add. employment agreement	Optional stage. Drafted if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into indefinite

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, as well as confirm your acquaintance with a signature in the relevant journal.

Employment contract, order and employment history recorded in the appropriate journals by the employee of the personnel department.

What is the trial period for STD?

As you know, in a regular employment contract, the probationary period cannot exceed three months (or six months in the case of the position of manager or chief accountant). However, with STD, the conditions are somewhat different, given the possible short duration of work.

Unless otherwise provided, the trial period remains standard - up to three months;
If the TD is issued for a period of two to six months, then the duration of the test may not exceed a two-week period;
If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we examined the key issues on a fixed-term employment contract. We hope that the information received will allow employers to better navigate this difficult issue and to lead their enterprise to success even more confidently.

Form of the document " Approximate form fixed-term employment contract "refers to the heading" Employment contract, employment contract". Save the link to the document in social networks or download it to your computer.

Fixed-term employment contract

__________________________ "__" _____________ 200__

(name of the place of detention

agreement)

TIN ____________________,

(full name of the company indicating the organizational and legal

Registered

(name of the registration authority, date, number of the decision on registration)

represented by _______________________________________, acting on the basis of

(position, full name)

Referred to in

(name of the document confirming authority)

hereinafter the “Employer”, on the one hand, and __________________________,

(Full name)

passport series ________, N ________, issued _______________________________

(name of issuing authority

passport, date of issue)

year, unit code __________, registered at the place

residence at: ___________________, hereinafter referred to as

“Employee”, have entered into this agreement as follows:

1. This employment contract governs labor and other relations

between the Employer and the Employee.

2. Work under this employment contract is the main place

worker Work (part-time work).

3. The employee is hired as _______________________

(indicate position, profession, qualification)

4. The employee in the enterprise reports directly ____________.

(indicate the position of direct manager)

5. The employee undertakes:

Conscientiously carry out their duties, orders and

instructions of its leader;

Obey the internal work schedule of the enterprise;

Be careful about the property of the enterprise;

Correctly and properly use the transferred to him for work

equipment, devices, materials, etc.

6. The following equipment is assigned to the Employee: ______________

7. The employer undertakes to provide the employee with work

(materials, equipment, task, etc.) in accordance with its

specialty and qualifications. Downtime is not the fault of the Employee if

he warned the Employer (_________________) about the onset of downtime,

paid at least two-thirds tariff rate

established by the employee discharge.

8. The employer is obligated to create safe conditions for the employee.

9. An employee is assigned a probationary period ___________________.

10. Location permanent work The employee is ____________________

________________________________________________________________________.

(indicate the location of the enterprise, workshop, department, etc.)

11. An employee may be sent on business trips with payment of

in accordance with the current procedure.

12. The employer undertakes to pay the employee wages in

__________________________________________________ rubles per month

(in figures and words) (or other conditions of remuneration of labor - from development,

by the clock, etc.).

13. The employee is also established:

Extra charge in the amount of ____________ rubles per month;

Bonus in the amount of ____________ rub. monthly (quarterly) at

condition ________________________________________________________________;

Remuneration according to the results of annual work in the amount of _________ rubles

given that ____________________________________________________________.

14. Salaries shall be paid no later than the ________ of each

15. Option A. For the Employee, a _______ hourly worker is established

day from ________ to ________ hours.

Option B. The employee is set to flexible working hours,

at which the beginning, end and duration of working time

regulated by him independently with the condition of full working ________ hours

per week (month).

16. The employee works on _______ shift. Shift work

set by the shift schedule of the enterprise.

17. An employee may be involved in overtime OK,

provided by applicable law.

18. The employee is _______-day work week from _____

weekend _________________.

19. Weekend and holidays produced by

agreement between the parties and payment _________ or with provision

20. The employee is granted annual basic leave

of __________ calendar days with payment of compensation in

the amount of _______________ rubles.

21. The employee is provided extra vacation

duration ____________ calendar days for ________________.

(indicate the grounds)

22. Vacation is granted in accordance with the vacation schedule for

enterprise.

23. Annual vacation for the first year of work is provided at

6 months after the date of conclusion of the contract.

24. With the consent of the Employer, the employee may be granted leave

without pay if it does not affect normal

the work of the enterprise.

25. This employment contract is fixed-term: on __________ 20__.,

those. Concludes with Employee to replace temporarily absent

an employee for whom, in accordance with the law, a place of work is retained

(depending on the specific situation should indicate otherwise

appropriate basis for concluding a fixed-term employment contract from among

given (named) in the text of Art. 59 of the Labor Code of the Russian Federation).

Option. This contract is concluded for the duration of the work.

_________________________________________________________________________

26. If after the expiration of the employment contract the employment relationship

actually going on and neither side demanded them

termination, the contract shall be deemed continued for

indefinite term.

27. The contract may be terminated or terminated in the manner and by

grounds provided by applicable law. Dismissal without

legal basis entails the restoration of the employee to the former

work with paying him wages during a forced absence, but

in no more than three months.

28. The employee is fully covered by benefits and guarantees,

established for employees this enterprise (organizations)

applicable law, industry regulations and

collective agreement.

29. An employee is subject to social and health insurance in

procedure and conditions established by the current legislation of the Russian Federation.

30. Damage caused by the Employee to the enterprise shall be compensated in

compliance with applicable law.

31. Damage caused to the Worker by injury or other damage

health associated with the performance of his labor duties,

subject to reimbursement in accordance with applicable law.

32. The employee's salary is subject to indexation in accordance with

the legislation of the Russian Federation.

33. Disputes and disagreements that may arise during execution

terms of this employment contract, the parties will seek

to resolve in a friendly way by mutual agreement. Upon failure

mutually acceptable solution - the dispute may be referred to resolve it in

the procedure provided for by labor legislation Russian Federation.

34. This employment contract during its validity period may be

modified or supplemented by its parties.

At the same time, all the specified changes and additions will have legal

force only in cases of their written execution and signing by the parties to

as an integral part of this employment contract.

35. For all issues that have not been resolved in the conditions

(provisions) of this employment contract, but directly or indirectly

arising from the relationship of the Employer and the Employee on it in terms of

the need to protect their property and moral rights and interests,

protected by law, the parties to this employment contract will be

be guided by the provisions of the Labor Code of the Russian Federation and other relevant

mandatory regulatory acts of the Russian Federation.

36. This employment contract is drawn up and signed in two

copies and is stored one at each of the parties, and both

copies have equal legal force.

Signatures of the parties to the employment contract

Employer Employer

________________________________ ________________________________

Employer Employer

Note:

The employee must receive a copy of the employment contract

confirmed by the signature of the employee on a copy of the employment contract,

stored by the employer (Article 67 of the Labor Code of the Russian Federation).

Copy of employment contract received

"_____" ____________________ 200 ____ years

_________________ _____________________________

(signature) (Surname, initials of the Employee)

View the document in the gallery:

In accordance with stat. 58 TC a fixed-term employment contract is a contract that is signed by the parties for a specified period. The maximum period may be 5 years, but if the validity period is not specified in the conditions, such an agreement is recognized as ordinary, unlimited. The staffing of the temporary labor contract, the sample at the end of the article, differs in some nuances. We will figure out in what order the STD is filled out and how to correctly determine its term.

According to the norms of the labor legislation of the Russian Federation, an employer can not hire an employee for a certain period of time, but only if there are grounds provided for in the Labor Code. In stat. 59 lists the cases of concluding STD. In this case, the first part of this article contains a list of situations in which the employer is obliged to hire a specialist for a certain period of time, and the second part describes cases of concluding an AP by mutual agreement of the parties.

In particular, hiring an employee on the basis of a fixed-term contract is mandatory when hiring temporary specialists, for a period of lack of permanent ones, for which a place of employment is retained. In addition, the conclusion of the STD is mandatory when applying for interns, interns; employees to perform a certain amount of work; persons traveling abroad, etc. By mutual agreement, a temporary contract may be concluded with old-age pensioners, part-time workers, company executives, full-time employees and other categories of persons according to stat. 59.

Due to the fact that the fixed-term contract is signed not as usual, but for a specific time period, special requirements are made for its termination. According to stat. 79 termination of STD occurs at the time of its expiration. In this case, the employer must notify the employee (required to writing) for 3 calendar day about the upcoming completion of the contract. If not one of the participants declares the termination, the contract will be considered concluded indefinitely (art. 58). Some types of STD operate in a special order.

The moment of termination of the fixed-term contract:

For contracts concluded with the aim of replacing a temporarily absent employee, the STD expires when the main specialist enters the work.
For contracts concluded for a specific period (season), termination occurs at the end of the period (season).
For contracts concluded for the purpose of performing a certain amount of work, the termination of relations occurs upon the completion of these works.

How to determine the term of a fixed-term employment contract

When drafting employment contracts, the documents should prescribe mandatory conditions for stat standards. 57 shopping mall. In ordinary APs, the validity period is not indicated. However, in urgent TDs, this item is necessary. Moreover, if you do not specify the exact period of validity, such an agreement is recognized as signed for an indefinite period (stat. 58). We will figure out how to indicate a specific term - a sample of a fixed-term employment contract with an employee for 2018 below.

The clause on the date of the STD should be given with reference to the exact dates or the moment of the occurrence of a certain event. In the first case, it is necessary to indicate the start and end dates of the contract, in the second stipulate that the expiration will occur after the cause of urgency.

For example, if an employee is hired for a certain season, you can specify the exact start and end dates of the period. And when applying for a specialist in order to replace an employee who goes on maternity leave, state the wording: “The contract has been concluded for the duration of the factual stay (full name of the permanent employee) on maternity leave and terminates upon leaving (full name of the permanent employee) for work”.

Besides the validity period, another prerequisite STD is the basis for its signing. Such a clause will help protect the employer from claims from the control authorities and substantiate the conclusion of an urgent, rather than a regular contract. The reason-basis for hiring a conscript is better cited with reference to the relevant statute. 59. When performing work, it is additionally necessary to clarify the procedure for receiving such work.

Note! If the STD was originally signed for one term, but in the future there will be a need to change its end, it is recommended that an additional agreement be drawn up. At the same time, an order is being formed to change the term of the employment contract - a sample contract can be developed on the basis of the provisions of Decree of the Government of the Russian Federation No. 858 of 08/27/16.

General procedure for filling a fixed-term employment contract

Each employer has the right to use its own form of TD, including fixed-term contractsapproved by the LNA. The form of a model contract for employers classified as micro-enterprises by the SME is given in the Resolution mentioned above. In accordance with stat. 57 TC, any contract concluded with staff should reflect the following details:

Name of employer company and full name of employee.
Data on identification documents (status) of the parties.
Date and address of signing the AP.
Information about the document giving the representative of the employer the right to sign the contract.
Conditions about the place of employment, nature of work, labor duties, schedule and mode of work and rest, procedure for payment for labor, probationary period, etc.
Labor benefits provided in accordance with the Labor Code of the Russian Federation, compensation and / or guarantees.
Other conditions under federal law and the LNA of the employer.
The term of the contract, the basis for its conclusion - relevant for STD.
Signatures of the parties.

Fixed-term employment contract with a pensioner - sample

One example of an STD is an agreement with a senior citizen. In such a contract it is necessary to provide a justification - part 2 of the stat. 59, as well as the validity period. Upon conclusion, both parties must agree on the temporary nature of the work. This means that both the employer and the employee should not object to the device for a specified period.

The confirming document is the pensioner's certificate, signatures of the parties indicate that the conclusion of the STD is carried out on a voluntary basis. How to indicate the term? Since pensioners are separate category individuals, you can give the maximum possible period of 5 years, or indicate a shorter period after agreement of the parties. However, if you make a longer period (from 5 years), the contract is considered signed for an indefinite period. Conclusion of a conventional TD is also not prohibited by the TC.

Fixed-term employment contract with a minor - sample

And how to sign an employment contract with an individual who has not reached the age of majority, that is, under the age of 18? Work minors fixed at the level of legislation, but has legal age restrictions (stat. 63 TK). It is mandatory before hiring that such persons are required to undergo a medical examination (stat. 266). It is allowed to recruit those underage workers who have not been identified health restrictions.

Due to the fact that such employees are often arranged for a limited time, it is allowed to conclude STDs with them for a certain period, for example, during the holidays. The basic rules are an indication of the exact validity period, without generalized wording, as well as a justification reason for such a staffing. For example, you can enter an item on the implementation of a certain amount of work, etc. The expiration of the contract will be considered the time of execution of work.

Fixed-term employment contract - sample for 2018

We figured out when, who and how can conclude fixed-term employment contracts. In order to comply with all requirements of labor legislation, when hiring conscripts, personnel officers need to carefully monitor the grounds for signing temporary rather than permanent contracts. A detailed reflection of the working conditions, the mechanism of acceptance of work will avoid possible labor conflicts. For your convenience, we provide a sample of STD, in which it is enough to change personal details to fill out the form.

Download a sample of a fixed-term employment contract for 2018 - here:

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