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, since it necessarily has a certain expiration date. By general rule contracts with employees are ongoing, with no predetermined termination date. And only such, urgent, contracts in this series stand apart. Let us consider the features of such special cases.

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

Based on everyday 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 is easier - we conclude a contract for 4 months - and it's in the bag! However, labor law departs from such everyday logic and tells us that there are a very small number of conditions that can cause an urgency in the contractual relationship between the employee and the employer. All of them are defined in Article 59 Labor Code Russia. Please note: only in these cases established by the Labor Code of the Russian Federation, it is possible to conclude an urgent employment contract.

If a person is hired during the absence of another employee. The most common situations of this kind 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.
If we are talking about work in an elective position, where a person is elected for a known specific period.
If it's an internship.
If employees are hired by an individual entrepreneur, as well as a legal entity - a small enterprise (with a staff of up to 35 people).
If this work is not the main one for a person, but part-time.
And in some other specific situations (see the same article 59).

Also, the conclusion of a fixed-term employment contract of the 2017 sample is legitimate 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 directly indicated in the same article 59 of the Labor Code, you need to draw up a regular, open-ended contract with an employee. If the company concludes a contract for a certain period 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, eventually recognizing the contract as open-ended. And the employer receives a fine for violating labor law.

Features of a fixed-term employment contract

In general, it is not much different 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 subject to the conditions that we talked about a little higher. When determining the term, of course, it is necessary to take into account the reason for the urgency - so, if an employee came to work instead of a maternity leave, then this one can hardly be longer than the term of the decree. And if this is a seasonal job picking mushrooms, then such an agreement, logically, cannot last longer than November.

Term contract form

As mentioned above, the sample of a fixed-term employment contract with an employee in 2017 does not fundamentally differ from the usual one, except for indicating 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 from work of Ivanova Svetlana Petrovna (absent due to being on leave to care for a child until he reaches the age of three years).

The date of commencement of work under this contract is 01/01/2017.

The date of termination of the employment contract is the date of entry into work of Ivanova S.P.

In other aspects, such an agreement is similar to an indefinite one.

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

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

while doing a specific job. in a person acting on the basis of , hereinafter referred to as " Society”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

The employee is accepted for temporary work in the Company as.
Wage The employee is 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. The work must be completed no later than . After the expiration of the specified period, the validity of this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the contract.
The employee is obliged to start work from "" 2019.
The employee must comply with the following official duties specified in the job description.
Worker's place of work: .
After the work specified in clause 4 of the contract is completed, this employment contract may be extended by agreement of the parties, or a new employment contract may be concluded between them for temporary or permanent employment.
The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if labor Relations actually continue and neither party has requested their termination in the following cases:
- if, upon expiration of the contract, the work specified in clause 4 is not performed;
- if, after performing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
Work in the Company is the main place of work of the Employee.
The mode of operation, the rights and obligations of the parties, the grounds for termination of the employment contract and other conditions are determined in the Regulations on Personnel approved by the head of the Company.
Additional terms under this agreement: .
The terms of this employment contract are confidential and not subject to disclosure.
The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
In all other respects that are not provided for in this Agreement, the parties are guided by current legislation.
The parties are guided by internal regulations Companies (Regulations on personnel, internal labor regulations, etc.) only if the Employee is familiarized with them against receipt.
Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by applicable law.
The Agreement is made in 2 copies, having the same legal force, one of which is kept by the Company, and the other by the Employee.

Hello! Today we will talk about hiring on a fixed-term employment contract. The features of such an agreement are detailed 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 understand all issues in detail.

What is a fixed term contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relationships have an agreed end date, unlike the usual one.

Download the form, a sample fixed-term employment contract
Download Sample Order for Employment under a Fixed-Term Employment Contract

Fixed-term and perpetual contracts - what is the difference

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

Index	Perpetual TD	Urgent TD
Validity	Has no expiration date	Maximum five years. The term can be indicated by a date or an event (exit of a permanent employee, end of temporary work). In addition, added to the order
Reason for confinement	Not specified	Required in order
Worker task	The employer constantly assigns new tasks	The task is one-time and specific
Social guarantees for an employee	Provided by the Labor Code (sick leave, vacation, etc.)	Similar to BTC, if STD has not yet expired at the time of the guarantee period
State attitude	Taken as a guarantee stable income population and economic prosperity	A possible source of risk in the form of abuse by the employer. Maximum

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

In what cases is it necessary to register an employee according to 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 know the end date of the 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;
In case of temporary transfer of an athlete to another employer;
If the employing organization itself was created temporarily to solve a specific problem;
For activities that are not typical for the organization;
To perform seasonal work;
To perform temporary work (up to two months);
For work in connection with professional activities / internships;
For persons sent to public works;
If the employee is a vice-rector of a higher educational institution;
If citizens are undergoing 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 under STD, but not necessarily

An optional STD is called “by agreement of the parties”.

The employer may conclude it with persons under the following circumstances:

Small businesses with no more than thirty-five employees;
Employee retirement age, and also if, according to the doctor's prescription, he can only be at a temporary job;
Work in the conditions of the Far North and is associated with moving there;
To eliminate the consequences of catastrophes, epidemics, accidents, as well as to prevent these events;
People creative professions(filmmakers, media journalists, theater and circus artists);
Full-time employee in 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-time workers;
Deputy positions of scientific and pedagogical employees in a higher educational institution;
Persons invited to the coaching position to prepare the wards for the competition.

In all other cases (the vast majority of them), the law prescribes the hiring of workers only under an indefinite employment contract.

How to apply for a job 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 completion of all documents. In general, employment according to STD does not differ from the traditional one, but has several features.

With both options for employment, the employee must bring the following documents to the personnel department:

Passport or other identity document;
Work book (if the work is the first, the employer, by law, does not have the right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be entered by the employer himself);
Insurance certificate of state pension insurance (SNILS);
Documents of military registration - for persons liable for military service;
Document on education or qualification;
Certificate of non-conviction.

Strictly according to 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 activity (trade, education, public catering, and others).

After the employee submits the documents, the next multi-stage stage begins - its execution personnel service organizations. At this stage, there are a number of nuances inherent in STD.
Let's look at them in a table:

Stage No.	Document	Fill Feature	Important to remember
	Application for a job	Compiled by hand in hard copy. Its appearance is at the discretion of the organization	It is not a required document. If available, stored in the employee's personal card
	Labor contract	An indispensable condition is that the contract must specify the expiration date of its validity. It must also provide the basis for its conclusion.	If the term is not specified, in the eyes of the law, the contract will automatically become indefinite. Even if the deadline is indicated in the order for employment
	The order of acceptance to work	Fill out a printed form T-1 (single person) or T-1a (multiple). 2 dates are entered in the "date" cell - "from" and "to"	It is necessary to mark the event as the end of the contract if its calendar date is unknown. For example, "upon completion of the collection of apples in the orchards"
	Employment history	The employment record does not differ from the BTC record - “temporality” is not reflected in any way	"Urgency" will be reflected later, upon dismissal, through a record mentioning the expired contract
	Employee's personal card	The card has a unified form T-2	After reviewing the entry in the work book and personal card, the employee signs on the 2nd and 3rd page of the card
	Add. employment contract agreement	optional step. Compiled if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into an open-ended contract.

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 familiarization with a signature in the appropriate journal.

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

What probationary period can be set for STD

As you know, with a regular employment contract, the probationary period cannot exceed three months (or six months in the case of the position of a 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 the standard of up to three months;
If the TD is issued for a period of two to six months, then the duration of the test cannot 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 have analyzed the key issues on a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and more confidently lead their company to success.

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

Fixed-term employment contract

__________________________ "__" _____________200__

(name of place of detention

contracts)

TIN ____________________,

(full name of the enterprise with indication of organizational and legal

Registered

(name of the registering 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 the authority)

hereinafter "Employer", on the one hand, and __________________________,

(Full name)

passport series ________, N ________, issued by _______________________________

(name of the issuing authority)

passport, date of issue)

year, subdivision code __________, registered at the place

residence at the address: ___________________, hereinafter referred to as

"Employee", have concluded this agreement as follows:

1. This employment contract regulates labor and other relations

between employer and employee.

2. Work under this employment contract is the main place

work of the Employee (Part-time work).

3. The employee is hired as _______________________

(specify position, profession, qualification)

4. An employee at the enterprise reports directly to ____________.

(indicate the position of the immediate supervisor)

5. The employee undertakes:

Conscientiously fulfill their labor duties, orders and

instructions from your manager;

obey the inner work schedule enterprises;

Take care of company property;

Properly and appropriately use what was given 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 beginning of downtime,

paid at the rate of not less than two-thirds tariff rate

the category established for the Employee.

8. The Employer undertakes to create safe conditions for the Employee

9. The employee is set a probationary period ___________________.

10. Place permanent job The employee is ____________________

________________________________________________________________________.

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

11. An employee may be sent to business trips with payment in

in accordance with the current procedure.

12. The Employer undertakes to pay wages to the Employee in

in the amount of __________________________________________________ rubles per month

(in figures and words) (or other terms of remuneration - from the output,

hours, etc.).

13. The employee is also established:

Supplement in the amount of ____________ rubles monthly;

Prize in the amount of ____________ rub. monthly (quarterly)

condition ________________________________________________________________;

Remuneration based on the results of annual work in the amount of _________ rubles

on condition ____________________________________________________________.

14. Wages are paid no later than _______ day of each

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

day from ________ to _______ hours.

Option B. The employee is provided with flexible working hours,

at which the beginning, end and duration of working time

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

per week (month).

16. The employee works in _______ shift. Shift work order

established by the company's shift schedule.

17. An employee may be involved in overtime work in order,

provided by the current legislation.

18. The employee is set _______-day work week With _____

days off _________________.

19. Weekend work and holidays produced according to

agreement between the parties and payment of _________ or with the provision

20. The employee is granted annual basic leave

duration of __________ calendar days with payment of compensation in

in the amount of _______________ rub.

21. The employee is provided additional leave

duration of ____________ calendar days for ________________.

(give reasons)

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

enterprise.

23. Annual leave for the first year of operation is provided for

expiration of 6 months from the date of conclusion of the contract.

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

without pay, if this does not affect the normal

the work of the enterprise.

25. This employment contract is urgent: until __________20__,

those. concludes with the Employee to replace the temporarily absent

an employee who, in accordance with the law, retains a place of work

(depending on the specific situation should indicate otherwise

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

cited (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

are actually ongoing and neither side has demanded them

termination, then the contract is considered to be continued for

indefinite term.

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

grounds provided for by applicable law. Dismissal without

legal basis entails the restoration of the Employee to the previous

work with the payment of wages to him during the forced absenteeism, but

no more than three months.

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

established for workers this enterprise(organizations)

current legislation, industry regulations and

collective agreement.

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

in the manner and under the conditions established by the current legislation of the Russian Federation.

30. Damage caused by the Employee to the enterprise is subject to compensation in

in accordance with applicable law.

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

health related to the performance of their work duties,

refundable in accordance with applicable law.

32. The salary of the Employee is subject to indexation in accordance with

the legislation of the Russian Federation.

33. Disputes and disagreements that may arise during the performance

of the terms of this employment contract, the parties to it will strive

resolve amicably by mutual agreement. If not achieved

mutually acceptable solution - the dispute can be referred to be resolved in

according to the labor law Russian Federation.

34. This employment contract during the period of its validity may be

modified or supplemented by its parties.

In this case, all these changes and additions will have legal

shall be valid only in cases of their written execution and signing by the parties in

as an integral part of this employment contract.

35. For all questions that have not found their solution in the conditions

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

arising from the relationship between the Employer and the Employee in relation to him 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 guided by the provisions of the Labor Code of the Russian Federation and other relevant

obligatory normative acts of the Russian Federation.

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

copies and kept one by each party, both

copies have equal legal force.

Signatures of the parties to the employment contract

Employee Employer

________________________________ ________________________________

Employee Employer

Note:

The receipt by the employee of a copy of the employment contract must

be 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).

A copy of the employment contract received (a)

"_____" ____________________ 200____

_________________ _____________________________

(signature) (Surname, initials of the Employee)

View the document in the gallery:

In accordance with stat. 58 of the Labor Code, a fixed-term employment contract is a contract that is signed by the parties for a certain period. The maximum period can be 5 years, but if the validity period is not specified in the conditions, such an agreement is recognized as an ordinary, unlimited one. The personnel registration of a temporary employment contract, a sample at the end of the article, differs in some nuances. Let's 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 hire an employee for a certain period not in all situations, but only if there are grounds provided for in the Labor Code. In stat. 59 lists the cases of conclusion of STD. At the same time, 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 a TD 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 the period of absence of permanent ones, who retain their place of employment. In addition, the conclusion of the STD is mandatory when registering trainees, trainees; employees to perform a certain amount of work; persons traveling abroad, etc. By mutual agreement, a temporary contract can be concluded with retirees by age, part-time workers, executives of enterprises, full-time employees and other categories of persons according to the stat. 59.

Due to the fact that a fixed-term contract is not signed as usual, but for a specific period, special requirements are imposed on its termination. According to stat. 79 STD is terminated at the time of its expiration. In this case, the employer is obliged to notify the employee (mandatory in writing) for 3 calendar days about the impending completion of the contract. If none of the participants declares termination, the contract will be considered concluded indefinitely (art. 58). Some types of STD operate in a special manner.

Time of termination of the fixed-term contract:

For contracts concluded for the purpose of replacing a temporarily absent employee, the STD expires when the main specialist returns to 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 drawing up employment contracts, the documents should specify the mandatory conditions according to the norms of stat. 57 TK. Regular TDs do not specify an expiration date. However, in urgent TDs, this item is necessary. Moreover, if the exact period of validity is not specified, such an agreement is recognized as signed for an indefinite period (Article 58). Let's figure out how to specify a certain period - a sample of a fixed-term employment contract with an employee for 2018 is below.

The clause on the term 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 case, specify that the expiration of the period will occur after the occurrence of the urgency reason.

For example, if an employee is hired for a certain season, you can give the exact start and end dates of the period. And when registering a specialist in order to replace an employee leaving on maternity leave, give the wording: “The contract was concluded for the time of actual stay (full name of the permanent employee) on maternity leave and terminates when (full name of the permanent employee) leaves for work.

In addition to the validity period, one more prerequisite STD is the basis for its signing. Such a clause will help protect the employer from claims from regulatory authorities and justify the conclusion of a fixed-term rather than a regular contract. The reason for hiring a conscript is better given with reference to the relevant stat. 59. When performing work, it is additionally necessary to clarify the procedure for accepting 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 to draw up an additional agreement. At the same time, an order is 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 out a fixed-term employment contract

Each employer may use its own form of TD, including fixed-term contracts approved by the LNA. Form standard contract for employers classified under the SMP criteria as micro-enterprises, is given in the above-mentioned Resolution. In accordance with stat. 57 of the Labor Code, any contract concluded with personnel must display the following details:

The name of the employer and the name of the employee.
Data on identity (status) documents of the parties.
Date and address of signing of the TD.
Information about the document giving the representative of the employer the right to sign the contract.
Conditions on the place of employment, the nature of the work, job responsibilities, schedule and mode of work and rest, the procedure for remuneration for work, probationary period, etc.
Labor benefits, compensations and/or guarantees provided in accordance with the Labor Code of the Russian Federation.
Other conditions under federal law and LNA of the employer.
The term of the contract, the basis for its conclusion is relevant for STD.
Signatures of the parties.

Fixed-term employment contract with a pensioner - sample

One example of STD is an agreement with an old-age pensioner. In such a contract, it is necessary to provide justification - part 2 of Art. 59, as well as the expiration date. At the conclusion, both parties must agree on the temporary nature of the work. This means that both the employer and the employee do not have to object to the device for a certain period of time.

The certificate of the pensioner acts as a supporting document, the signatures of the parties indicate that the conclusion of the STD is carried out on a voluntary basis. How to specify a time limit? Because retirees are separate category individuals, you can give the maximum possible period of 5 years, or specify a shorter period after agreement between the parties. However, when making a longer period (from 5 years), the contract is considered signed for an indefinite period. The conclusion of an ordinary 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 underage workers fixed at the level of legislation, but has legal age restrictions (stat. 63 of the Labor Code). Mandatory before hiring, such persons are required to undergo a medical examination (Art. 266). It is allowed to hire those minor workers who have no health restrictions.

Due to the fact that such employees are often employed for a limited time, it is allowed to conclude STD with them for a certain period, for example, during the holidays. The basic rules are an indication of the exact period of validity, without generalized wording, as well as reasons for justifying such a design of personnel. For example, you can enter a clause on the completion of a certain amount of work, etc. The expiration of the term of the contract will be considered the moment of performance 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 the requirements of labor legislation, when accepting conscripts, personnel officers need to carefully monitor the grounds for signing temporary rather than permanent contracts. detailed reflection working conditions, the mechanism for accepting work will avoid possible labor conflicts. For your convenience, we provide a sample STD, in which it is enough to change personal details to fill out the form.

You can download a sample fixed-term employment contract for 2018 here:

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