Temporary job with no work experience. Temporary job. Enrollment in labor

The labor legislation of our country provides that the employer can conclude a fixed-term employment contract with employees. But only under certain conditions!

In Art. 59 of the Labor Code of the Russian Federation it is said that a fixed-term employment contract is concluded when the nature of the work does not allow setting the exact deadlines for their completion and by agreement of the parties.
An employment contract for temporary work has some features:

The work in progress is temporary;
Term labor activity new employee will not exceed 2 months.

What is "temporary work"? The Labor Code does not regulate such a concept. A priori is work that is not permanent.
In the Decree of the Presidium of the USSR Armed Forces of September 24, 1974 No. 311-IX “On the working conditions of temporary workers and employees”, which is still valid today in that part of it that does not contradict the norms of the Labor Code, it is said that temporary workers are citizens:

The term of performance of labor duties, which does not exceed 2 months;
Hired to replace an absent employee who is on the employer's staff for a period not exceeding 4 months.

Temporary jobs include:

Construction;
Repair;
Finishing;
Preparation of reports and projects;
Development of computer programs;
Others.

The concept of "temporary work" should not be confused with the grounds specified in Art. 59 of the Labor Code of the Russian Federation:

Works such as reconstruction, installation and dismantling of equipment in connection with the expansion of production or the volume of services provided by the employer, as well as work on the modernization of production, which is planned to be completed within 1 year;
Performing specific work, the completion date of which cannot be determined in advance.

Persons who are registered with the employment center are also sent for temporary work. The procedure for sending such citizens is indicated in administrative regulations, which was approved by the Order of the Ministry of Health and Social Development of the Russian Federation of June 28, 2007 No. 449.
Paragraph 55 of this regulation states that citizens are sent for temporary work from the employment center under a joint activity agreement. Such an agreement is concluded between the employment center and the employer, which can be either a legal entity or an individual entrepreneur, or a local government.
Work is provided on the basis of vacancies from employers. All the detailed "characterization" of such work is provided by him.

With a temporary worker, just like with any other, it is necessary to conclude an employment contract. When applying for such a job, the applicant must present all Required documents, a complete list of which is presented in Art. 65 of the Labor Code of the Russian Federation.
After that, an employment contract is concluded, which must contain all mandatory conditions listed in Art. 57 of the Labor Code of the Russian Federation. The provision on the temporary nature of the work may not be included in the employment contract. The Labor Code does not require this, in contrast to the conclusion of an agreement with seasonal workers. It is enough to specify the term of the contract - no more than 2 months.
But be sure to indicate whether this work is the main or part-time. In such an agreement, it is possible to indicate not the profession of the employee, but the nature of the work performed.

According to Art. 67 of the Labor Code of the Russian Federation, if the employer, within 3 days from the date of the actual admission of a new employee to work labor functions, does not conclude a written fixed-term employment contract with him, then it will be considered concluded. And he will not be able to prove whether the employee was accepted for temporary work. Therefore, the employee will be hired on a permanent basis.

Information about the temporary nature of work in work book not specified. Also, the employer, according to Art. 289 of the Labor Code of the Russian Federation, cannot establish for a temporary worker probation.

Cooperating with the Moscow Employment Center, the employer not only has the opportunity to find new employees, but also solves the financial side of the issue.

The Moscow Employment Center invites heads of organizations and enterprises to take part in temporary employment programs for citizens.

Cooperating with the State Public Institution of the Employment Center of the City of Moscow (GKU ZTSN), the employer not only has the opportunity to find new employees, but also solves the financial side of the issue. With interested employers, the GKU CZN is considering joint participation in the financing of employees. As part of cooperation on temporary employment, in addition to the wages accrued to the employee, the GKU CZN pays material support, which is not taxed and is not included in the wage fund of the organization's employees. Thus, wages set and paid by the employer (in accordance with Labor Code Russian Federation), taking into account material support, must be at least the established minimum wage in the city of Moscow (as of January 1, 2016, it is 17,300 rubles).

Support is provided at the expense of the budget of the city of Moscow in the amount of 9,900 rubles. subject to working out a calendar month, as well as for a period of temporary disability.

Participation in this project can be accepted by organizations - legal entities, as well as entrepreneurs without education legal entity registered in the city of Moscow, regardless of their organizational legal form and forms of ownership. The main condition for employers is compliance with labor laws. Relations between the organization and GKU TsZN are regulated by the Cooperation Agreement, which is concluded for the current year.

According to the concluded agreement, program participants receive:

salary set by the employer;
financial support, in the amount of 9,900 rubles. subject to working out the monthly balance of working hours.

Temporary employment of citizens under this program allows the employer to:

save monthly wage fund (For program participants, the employer can charge wages from 7,500 rubles per month. Together with material support from the employment service, a citizen's income will be more than 17,300 rubles);
eliminate or minimize possible mistakes when recruiting staff for a permanent job.

In the city of Moscow there are following programs temporary employment of citizens:

- For minor citizens aged 14 to 18 years in their free time from study. The program is attended by teenagers who are registered in any district of the city of Moscow. As a rule, they are accepted for unskilled work that does not require preliminary training.

- For students in their free time. Students are attracted to various types work from unskilled to requiring skills and labor skills. The program can be attended by students of Moscow universities who have permanent or temporary registration in any district of the city of Moscow.

For unemployed citizens aged 18 to 20, graduates of primary and secondary vocational education job seekers for the first time. Employment of citizens is carried out for work in the specialty (profession) received.

- For citizens, graduates of primary, secondary and higher vocational education up to 30 years old(organization of youth practice). The program provides financial support to young professionals, job seekers in the acquired specialty within 12 months after graduation from an educational institution, having a permanent or temporary registration in the city of Moscow.

- Organization public works for unemployed citizens of the city of Moscow. Employment of citizens is carried out for work of a temporary nature, which does not require prior training and qualifications.

- For unemployed citizens who have difficulty finding a job. Under this program, unemployed citizens of the Western administrative district belonging to the following categories: disabled people, persons with retirement age, single and large parents, women raising minor children and children with disabilities. Citizens are involved both in unskilled labor and in work in a certain specialty (profession). Unemployed citizens who experience difficulties in finding a job and have dependents are credited with additional material support for each dependent in the amount of 2550 rubles.

Temporary employment programs cover almost all categories of citizens and help the employer to select specialists for all types of work.

An employee who is hired by the head of the enterprise for a certain period is a temporary worker. With such a subordinate, an employment contract is always signed only for a fixed period. IN this document the period of its validity is mandatory. Otherwise, the contract is considered indefinite, and the temporary employee is a permanent employee. The latter, in turn, is entitled to a monthly salary and compensation for the unused rest period upon dismissal.

What you need to know

Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract, which is concluded on However, the situations are different. Sometimes the head of the enterprise is forced to look for a replacement for a permanent employee who has gone on sick leave or is on vacation. In this case, the organization often accepts a temporary worker who performs the duties of an absent subordinate. After the departure of a permanent employee, a person working under a fixed-term contract is subject to dismissal.

Important

The head of the organization should always remember that it is not possible to sign a fixed-term employment contract with all citizens. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom it is not prohibited to formalize service relations even for a certain period of time. These include the following:

People who are sent to work abroad;

Persons entering to carry out labor activities in organizations created only for a certain period;

Citizens accepted to perform certain work, the end date of which is not known in advance (for example, the construction of a private house);

People who were sent from the labor exchange to public works;

Persons sent to the civil service.

In addition, in cases prescribed by law, it is possible to register an employee for work under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides for the following of them:

A citizen is taken to the place of a temporarily absent employee;

If you need to perform work, the deadline for which is not more than 2 months;

Implementation of an internship;

To carry out work that goes beyond the scope of the organization's activities (for example, the reconstruction of a building);

For the period of seasonal work (performance of the duties of a cloakroom attendant).

A small characteristic

So, a temporary worker is the person who is hired for a certain position at the enterprise for the period established by the contract. Therefore, such an employee knows in advance that he will not be able to work permanently in this organization. After all, the date of its completion official duties pre-fixed in the employment contract.

Reception

Before hiring a new person for a temporary job, the head of the enterprise must make sure that he does not violate the norms of labor legislation by his actions. That is the order. If the latter hires an employee to carry out seasonal work (for example, a gardener for the summer period or a cloakroom attendant at a polyclinic), then he has every right to sign an urgent contract with him employment contract.

In addition, the reception of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period must provide the employer with all the necessary documents (for example, a diploma, a certificate of no criminal record, and others).

Nuances

If the head of the enterprise hired an employee for a period of up to two months, then he needs to know about all the existing features of such labor activity. In this case, there should be no trial period. After all, a person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is involved to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.

Completion of work and settlement

In practice, the head of the company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this in three calendar days before the date of termination of the fixed-term contract.

Therefore, many subordinates often file complaints with the prosecutor's office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who temporarily performed the duties entrusted to him.

Therefore, on the last day of the employee's labor activity, the personnel specialist must prepare the appropriate order and all other documents related to the work of the latter. In certain cases, the employee immediately asks for a certificate of his latest income. This document is required for registration with the employment service.

On the last day of the work of a subordinate, the employer must pay him in full. This means that the latter must transfer the salary and additional remuneration for the vacation not used by the temporary worker.

Translation

When implementing official activity it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how is this done in practice?

The manager can offer the employee a transfer to temporary position while maintaining his average income or the salary of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.

Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the absent employee at the same time. This must be confirmed by an order and an additional agreement.

Enrollment in labor

So, as it was already written earlier, a temporary employee is hired only for the period established by the contract. But what will be written in his work book in this case? Here, in fact, everything is quite simple.

First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the latter's official activities. Then the personnel specialist prints the order and makes an entry in the temporary worker's work book. In this case, you can not immediately indicate the duration of the employment contract. Because when dismissing a temporary employee in the work book, it will be necessary to indicate the reason for the termination of the service relationship. In this case, the entry should be as follows: "Dismissed due to the expiration of the period of validity of the employment contract" clause of the second part of the first article 77 of the Labor Code of the Russian Federation.

By agreement

Here again it is necessary to point out that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, then the boss has the right to offer him By mutual agreement of the parties fixed-term contract can be concluded with students who study full-time, with part-timers. Most often, the latter do not object to such a proposal by the head of the enterprise. After all, part-time workers are not the main employees, because they already have the main place of work. Entrepreneurs who are engaged in small business and have less than thirty-five people in the state of the organization can conclude fixed-term employment contracts with employees.

Conclusion

Each employee whom the employer employs only for a certain period should be aware that he will be fired after his term of performance of his official duties ends. In practice, this is most often what happens. If a person was hired for two months, then it is prohibited to establish a probationary period for him. In addition, when choosing an employee, even for a certain period, the head of the company needs to be more careful.

This is especially true in cases where the boss takes a pregnant woman to work during the absence of a permanent employee. After all, complete labor Relations with such a subordinate is not so easy. Because she can ask her boss to transfer her to another position (after the departure of a permanent employee whose duties she performed) and extend her employment relationship with her until the very birth.

Temporary work in our state initially caused a mixed reaction. Such a phenomenon at one time was new and unusual, in connection with which many people treated him with suspicion. There is nothing strange in this, since the historical tradition has always been considered a job once and for all life. However, times are changing and temporary work is gaining popularity as people begin to realize its benefits. Recognizing them, applicants cease to consider such work unprotected and unreliable.

Since today more and more employers offer interesting options for temporary work in Moscow, the offer is beginning to find its demand. New employees happily agree to take on their temporary duties and earn money. And for those who still doubt whether the benefits of temporary work are real and significant, you should familiarize yourself with their list. And so, the main positive aspects of such work are that it:

allows you to earn the necessary income over a short period of time;
most often it makes it possible to plan the schedule so that it does not interfere with the main work, if any;
allows you to find yourself without too much haste permanent job, if there is a need for it;
usually does not force you to learn the specifics of a new activity for a long time, since most of the vacancies provided for temporary work are simple.

Temporary work in Moscow attracts an increasing number of people with these very points. As for non-residents, such employment is constructive for them because after several months of work it allows them to return home with a good salary.

After we have considered the basic advantages that temporary work has, it is also important to touch on the question of for whom this form of employment may be of particular interest. These populations include:

Young mothers. Sometimes caring for a child does not allow you to fully return to your professional duties. Because very good option It will be a simple job for a couple of hours a day.
Students. Full-time education will not allow you to spend a lot of time on work. Yes, and sessions are forced to take breaks. Therefore, temporary work in Moscow is a typical type of employment for many students.
Pensioners. The health of people who have crossed the retirement age often leaves much to be desired. It will not allow you to work a full day, as this will be fraught with overwork. Therefore, periodic temporary part-time jobs for a couple of hours a day are an excellent choice in this case.
Handymen. People who can load goods, perform simple construction functions, pack and sort products in warehouses are always needed. Therefore, work as a laborer in Moscow is represented by many vacancies: for both men and women.

Speaking about temporary work, we hasten to note that our company is one of the leaders among those who offer a wide range of vacancies. At the same time, we will help you find a temporary part-time job not only in the capital itself, but also in the Moscow region. This is great advantage for those who want to work without leaving hometown or a village. It is also important to note that their obligations to pay salary plans we clearly comply, and the addresses of those service stations that are closest to you can be found in the "Contacts" section. There are also phone numbers that will allow you to sign up for an interview.

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