Dismissal under a fixed-term employment contract. Fixed-term employment contract: when and with whom it is possible to conclude a fixed-term employment contract

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 agreements are made:

  • Only in cases provided for by law;
  • Given the nature of the work;
  • Taking into account the conditions of work.

There are two types of grounds for issuing 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 on which a temporary contract is concluded. If a fixed-term contract is not concluded in accordance with these grounds, it is considered to be concluded for an indefinite period.

Let's take a closer look at each type of foundation.

A fixed-term employment contract is mandatory in the following cases:

  • For the duration of temporary work, the term of which is less than two months;
  • Citizens were sent to work abroad;
  • For the duration of seasonal work;
  • For the duration of the duties of an absent employee;
  • Persons get a job in companies that are created 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;
  • Work is associated with an increase in production for some time;
  • Citizens are sent to the civil service;
  • Persons are hired for work, the end of which cannot be determined by a specific date;
  • Passing an 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 business, the number of their employees is less than thirty-five people (if the organization is engaged in retail trade - no more than twenty people);
  • With pensioners;
  • With citizens who, due to their health, can only work temporarily;
  • With persons who get a job in companies located in the Far North;
  • With citizens selected in a competitive way to fill a position;
  • To carry out urgent work to prevent various accidents and disasters, as well as to eliminate the consequences after them;
  • With citizens of creative professions;
  • With persons holding managerial positions, including chief accountants;
  • With full-time students;
  • With citizens who get a part-time job;
  • In other cases provided by law.

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

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

Violation by the employer of the current legislation

If during the execution of 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 a disputable situation arises, 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 contract;
  • Did not take into account the list of cases in which it is possible to conclude a temporary contract;
  • He did not indicate the reason why the contract is concluded for a certain period;
  • Did not provide the employee with the stipulated rights and guarantees.

If the dismissal of an employee is illegal, 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;
  • Compensation for non-pecuniary 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

Employers quite often wonder if it is possible to change the term of a temporary contract.

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

  • Employees of higher educational institutions elected in a competitive way to fill a previously occupied position;
  • Athletes;
  • Expectant mothers (if a woman writes an application for an extension and provides a certificate from a doctor).

It is possible to extend the period of the contract only 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 the help of agreements, employers should remember that the maximum allowable renewal period is five years. Also, in order to extend the contract, the grounds on which the contract was concluded must be preserved.

For more information about the conditions for extending a fixed-term employment contract, read in.

In this article, we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. The boss in this case concludes that after the expiration of this period, the employment relationship will be completed.

People decide to fix such an agreement due to the occurrence of certain reasons, for example, if the job seeker is not entitled to conclude an open-ended agreement:

  1. Due to the fact that the employee who previously occupied the vacant position is currently on maternity leave (the law establishes that this position still belongs to that employee).
  2. In connection with seasonal work, when, for example, a harvester is needed, and the organization during this period cannot provide effective work without attracting additional labor.
  3. Work under a fixed-term employment contract, where employees are currently recruited, is not permanent and lasts approximately 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.
  4. New employees may also be required if the company is just starting to “go out”, so a designer needs to develop a logo or create a website.
  5. The organization now needs people who will be involved in the same area: interns, trainees, etc.
  6. 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;
  • students who are studying full-time;
  • part-time workers;
  • people who work to prevent emergencies;
  • pensioners re-employed after reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
  • employees of individual entrepreneurs, 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 want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it 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 who is still assigned to his former place of work;
  • for the period when it will be necessary to perform temporary work;
  • seasonal work;
  • if a person is transferred to work abroad;
  • for the implementation of work that goes beyond the normal activities of the employer;
  • with people who are going to enter into a contract with a company created for a short period of time;
  • with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
  • for the implementation of work directly related to practice, or additional professional education in the form of an internship;
  • in case of employment in state and local government bodies, in political parties and other public associations;
  • with people who were redirected by the public health protection authorities to work of a non-permanent nature and public works;
  • with persons who are going to undergo ACS;
  • other situations prescribed by law.

Positive and negative characteristics

For the employee, the following positive traits were identified:

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

However, there are also negative properties:

  • leaving work due to the fact that the contract has terminated;
  • dismissal due to the fact that the old employee returned;
  • the difficulties that have arisen 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 employee’s pregnancy may become a minus for him, and, accordingly, removal from office for a while. 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 conditions:

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

The main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

  1. Article 78 of the Labor Code of the Russian Federation contains information that the document may terminate at any time. Thus, an employee can be fired, even if at that time he is on vacation or on sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
  2. The employee in this case also has a number of advantages, 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, and not in part. An additional plus is that upon dismissal, it will not be necessary to discuss this topic with trade union organizations (81 of the Labor Code of the Russian Federation).

An agreement 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 increase the term of the contract, which establishes a fixed-term employment relationship, for a certain period.

If you choose an extension for an indefinite period, then you will not need to sign additional documents, since according to the terms of the contract, over time, it ceases to be valid. However, relations based on an agreement between the employee and the employer on the personal performance of the work function by the employee are still real even after the date that sets the end of the fixed-term employment contract has arrived: he will be given a place in the office, and the citizen will also receive a salary.

If you are going to extend the employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the 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 found that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: the authorities 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 a person has really serious reasons for this.

How to hire staff on a fixed-term employment contract

Let's take a closer look at the stages of registration of the document in question:

  1. Direct conclusion of the contract. Here you need to specify the period (specific date, if any, and other mandatory conditions). Before signing the document, the employee must study the internal regulations.
  2. The company issues an order for the entry of the employee to work. Within three days, the employee must sign the form.
  3. Registration of a work book.
  4. Filling out 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 a probationary period is provided. This includes persons who:

  • draw up a contract for up to 2 months;
  • passed through the competition;
  • receive an elective salary;
  • persons of the ACS;
  • engaged in raising their children up to 1.5 years and pregnant women;
  • graduates who have just had a graduation, and now they get a job on a diploma, as well as students who were in practice at this enterprise;
  • have not reached the age of 18;
  • were transferred from another boss.
  1. Employees who will be at the enterprise within 2-6 months - 2 weeks.
  2. Managers, deputies, chief accountants - 0.5 years.
  3. Employees performing certain duties in accordance with their position in the civil service - month-6 months-year.
  4. In other cases, 3 months is set.

Features when working with pensioners

The boss can conclude an agreement with the pensioner for a certain period. However, there is a nuance here: if you now have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to an urgent type, this is not necessary.

Holidays

A vacation or a sick leave person receives according to the basic rules, which in no way depend 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 during this period in a woman's life it is impossible to terminate a fixed-term employment contract, 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 birth of the child.

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 pick up another open vacancy. If it is impossible to make a transfer, then it is necessary to provide a written refusal from the employee.

How long is a fixed-term contract?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, it is possible to conclude an agreement for 1 day.

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

Early termination may occur in the following situations:

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

Is there a way to convert a fixed-term contract to an open-ended one?

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

Sample of an indefinite 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, in life there are cases 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 returns from vacation.

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

Interesting Facts

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


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

What it is?

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

Normative base

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

How is it different from indefinite?

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

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

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

With whom and in what cases is it concluded?

An employment contract for a fixed period is concluded:

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

Who can't deal with?

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

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

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

Pros and cons

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

For an employee

For the employee, there are such advantages as:

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

The disadvantages for the employee are:

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

For the employer

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

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

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

Grounds for conclusion

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

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

The unconditional grounds provided for by the Labor Code include:

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

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

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

How is a fixed-term employment contract concluded in 2020?

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

Order

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

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

On what period?

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

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

Is there a trial period?

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

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

Compilation nuances

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

Form and Sections

A typical temporary employment contract should include the following information:

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

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

The temporary contract must include:

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

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

Type sample

What does such an agreement look like?

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

Required documents

To conclude a contract, certain documents are required.

Statement

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

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

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

Below is a sample of this document:

Order

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

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

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

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

The following is an example of this document:

Entry in the work book

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

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

Example:

Design features for different categories of employees

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

With a minor worker

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

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

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

The employer must provide the teenager with light work.

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

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

During maternity leave

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

Moreover, when the main employee extends maternity leave, it is allowed to extend the term of the temporary employment contract.

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

For temporary and seasonal work

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

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

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

Below is an example of such a contract:

At the same time

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

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

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

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

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

Below is an example of this agreement:

Pregnant women

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

Leaders and directors

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

pensioners

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

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

With a foreign citizen

According to the labor legislation, a temporary contract with a foreign citizen can be concluded, moreover, without a specific period and regardless of the period of validity of the work permit.

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

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

Holidays

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

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

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

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

Financial questions

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

Salary

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

All tariffs are mandatory.

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

sick leave

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

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

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

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

Compensation for unused vacation days

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

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

Taxation

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

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

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

Indexing

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

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

Extension

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

Terms

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

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

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

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

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

Order

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

This order must specify the extension period.

Example:

Additional agreement

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

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

Below is an example of this document:

Termination

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

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

Employee initiative

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

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

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

Employer initiative

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

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

Dismissal of a pregnant woman and a mother on parental leave

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

The rest of the reasons for dismissal are considered invalid.

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

Documentation of dismissal

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

Notification

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

The indication of the reason for dismissal is considered mandatory.

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

Below is an example of such a notification:

Order

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

Below is an example of such a document:

Payments and compensation

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

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

Frequently asked Questions

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

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

This process is regulated by the Labor Code of the Russian Federation.

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

Is it possible to conclude with an IP?

Yes, you can. The conclusion of a temporary contract between an employee and an individual entrepreneur is possible subject to the standard scheme for drawing up such an agreement.

How many times can you apply with the same employee?

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

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

In what cases is a medical examination required before hiring?

Mandatory medical examination must pass:

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

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

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

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

What is a fixed term contract? What does it mean? The word "term", indicated in the title of the term, does not mean at all the speed of making a decision on concluding a transaction, but duration of the employment relationship.

A fixed-term employment contract means that at a given moment an enterprise needs an employee for the duration of a certain job, and its manager assumes that at the end of the term, the employment relationship will be terminated.

For example when it is impossible to conclude an indefinite contract, which is usually associated with:

  • an employee who previously held a vacant position has gone on maternity leave. The place behind it is reserved in accordance with the Law;
  • for seasonal work. There is a need for harvesters, drivers of summer routes, auxiliary workers of ski slopes. The enterprise is limited in its activities by the weather or natural conditions, so maintaining a full staff all year round is not economically feasible;
  • the job for which recruitment is open is not permanent in principle and the need for it lasts no more than two months. For example, an enterprise plans to conduct an advertising campaign and needs promoters who will offer leaflets to potential buyers indicating the address of a new trading house or office;
  • if promotions can be carried out at least periodically, then there are events that generally go beyond the scope of current activities. Reconstruction of the premises is required, the development of a logo for a new company, the creation of a website, a lawyer to consider the case in the Arbitration Court are needed. Such a task can be entrusted to a specialized company, or it can be performed by newly recruited employees.

Citizens performing alternative service or sent for compulsory public works; trainees; trainees; persons accepted for work abroad; elected deputies are also employed for a predetermined period.

When it is possible to conclude an open-ended contract, but for reasons of rotation, the requirements of the law for the employment of certain categories of citizens or working conditions, it is desirable to limit it to the end date. Wherein both parties must agree on the term of the contract.

Examples of such a voluntary restriction:

  • managers, their deputies and chief accountants of enterprises. By virtue of the responsibility assigned to these positions, the owners of legal entities thus insure the risks of inefficient management of enterprises;
  • full-time students;
  • part-time workers;
  • liquidators of emergency situations;
  • newly employed old-age pensioners and disabled people who are not allowed permanent employment due to health reasons;
  • employees at enterprises of private entrepreneurs, where the number of employees is not more than 35 people;
  • employees on sea and river vessels;
  • employed with the condition of moving to the regions of the Far North;
  • creative workers of editorial offices, theaters, the film industry, circuses (the list of such professions and positions is approved by the Government of the Russian Federation) and others like that.

The subtleties of the conclusion

What is the difference between a fixed-term employment contract and a regular employment contract? At the end of the fixed-term employment contract, the employee is subject to dismissal. This is the difference between a fixed-term employment contract and a regular “permanent” employment contract. If the term of a fixed-term employment contract is not stipulated - you are employed “permanently”, your dismissal is not expected.

In terms of basic guarantees and rights of workers, there should be no differences with those employed on the condition of indefinite employment. Temporary workers have the right to leave, normal working hours, wages. They are provided with overalls and personal protective equipment, they are subject to all local regulations of the enterprise and the Regulations on labor protection.

Duration

How long is a fixed-term employment contract? What is the maximum term? And what is the minimum?

Fixed-term employment contract concluded for a period not exceeding five years- this is the limit (maximum) period, the minimum is not specified in the Law.

It:

  • concluding an agreement for a period of up to two months;
  • selected to fill vacancies by competition;
  • holding a paid elective office;
  • conscripts for alternative civilian service;
  • women who are raising children under the age of 1.5 years and pregnant employees;
  • graduates who get a job in their specialty for the first time within one year from the date of receiving a diploma (for educational institutions with state accreditation), students who have completed an apprenticeship at the same enterprise;
  • minors (under 18 years of age);
  • persons transferred from another employer.
  • employed for 2-6 months - 2 weeks;
  • managers, their deputies, chief accountants - six months;
  • civil servants - from a month to six months or up to a year (Article 27 of Federal Law No. 79-FZ of July 27, 2004);
  • other cases - 3 months.

Registration of a work book

If the employment contract is concluded for a certain period, upon admission it is done in the usual manner and does not contain references to the period ( Letter of Rostrud No. 937-6-1 of 04/06/2010). Violation of this rule entails the administrative responsibility of the employer under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

But upon dismissal, if the employee terminates the employment relationship, an entry is made “upon the expiration of the employment contract, paragraph 2 of the first part of Article 77 of the Labor Code of the Russian Federation”.

Since the wage fund for temporary and permanent employees does not differ, the enterprise deducts mandatory payments to social insurance funds for everyone, and the length of service for all employees is calculated according to the same rules.

Leave and compensation

The procedure for granting annual leave does not differ from the usual one, employees are granted a vacation of 2 days for each month of work based on a six-day working week (Articles 291, 295 of the Labor Code of the Russian Federation, Letter of the Ministry of Labor N 625-BB ​​of 02/01/2002).

Compensation for unused vacation charged in the usual way, however, here you need to remember that if the employment is less than 15 days, it is still valid article 35 of the Rules of the NCT of the USSR on regular and additional holidays No. 169 of 04/30/1930"In calculating ... surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to the full month."

Maternity leave for employees provided in the usual way(). But its duration does not depend on the method of registration, just the dismissal of the employee will occur on the last day of maternity leave.

But leave to care for a child until he reaches one and a half years provided only for the duration of the contract ().

You can download a sample fixed-term employment contract.

"Pros and cons"

So, let's look at the pros and cons of a fixed-term employment contract for an employee. Temporary nature of work, of course, limits the desired conditions for employment, but in the case when it is not possible to find a permanent position, one should be guided by other considerations: wages, working conditions, gaining work experience in a successful company, filling a forced pause in case of unemployment.

And then, life goes on and circumstances may change: for example, You will establish yourself as a particularly valuable employee and you will be offered another position in the structure of the same enterprise, after the end of the parental leave, the employee will go on the next pregnancy leave, or change jobs to the one that she considers the most suitable.

Temporary work is in demand by students, housewives or retirees who want to earn extra money.

If your profession is a builder or an information technology specialist, you will most likely find a job in such a niche if you are not an employee of a specialized organization and are able to perform highly professional tasks by attracting the material resources of an enterprise.

For an employer who wants to cut costs and has the ability to control work on their own, attracting specialists for a specified period can be no less profitable.

If capital work is carried out in an economic way, if a permanent specialist has taken a sick leave or gone on vacation, and the labor market allows you to attract additional labor resources - why not take advantage of the proposed norm of legislation?

The personnel service, in this case, must function flawlessly, because, if the date of dismissal is missed - the person remains in the state permanently.

Passed stage

So, the final date of the concluded contract expires. What are the possible paths? Extension? Completion? How to fire?

Consider typical cases:

  • . The employee is given the final payment and the work book is returned with the entry "at the end of the term ...". Everything, as usual, if the enterprise complied with the conditions of the conclusion and had legal grounds for this;
  • – if a woman is pregnant or caring for a baby under 1.5 years old;
  • the reduction of an employee under a fixed-term employment contract is possible by decision of the employer, even if the contract has not expired. The employee is paid compensation, dismissal allowance within two months;
  • transfer to a permanent job(by agreement of the parties or oversight of the personnel service);
  • early dismissal at the initiative of one of the parties - similar to generally accepted procedures;
  • re-decoration. Judicial practice shows that repeated re-arrangements violate the Law and the employee will have the right to appeal the next dismissal on these grounds with reinstatement.

Each person has the right to independently decide what is more important for him, stability or a constant change in activities and impressions. But whatever you choose, it is important to remember the "rules of the game", to be under the protection of the law. We hope our article has helped you better understand one of the issues of labor relations.

Useful video

What is a fixed-term employment contract, in what cases and in what order it is concluded, you will learn in the video below:

Companies do not always need a constant number of employees to be successful. Business interests require the performance of some work with different volume and intensity only in limited calendar periods. In this case, the number of personnel required for their implementation may fluctuate and it is not advisable to conclude an employment contract without a validity period with some employees. For such situations, the legislation provides for the possibility of using a fixed-term employment contract.

Content and conditions for the application of fixed-term contracts

The legislation does not allow the employer to impose temporary cooperation on applicants. It clearly states that a fixed-term employment contract may be entered into in circumstances where:

    • The nature, the number of planned works and the conditions for their implementation 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 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 a temporary contract 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 he retains his place of work (maternity leave, parental leave) 1. When hiring for representatives of small businesses with a total staff of up to 35 people (for trade and services up to 20 people)
2. For works of a limited scope in a certain calendar period up to 2 months or more, based on the parameters of a natural character 2. With working pensioners, as well as those who, at the direction of a doctor, can work for a limited time
3. When performing duties on the territory of a foreign state 3. If for employment it is necessary to migrate to the regions of the Far North
4. When carrying out installation, commissioning and other measures to expand production, with a limited implementation time known in advance 4. In case of involvement of personnel to prevent man-made accidents, epidemics, as well as to 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 by 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 workers of creative professions in the field of mass media, cinema, theater
7. For the period of work experience, study or internship 7. With the top management of companies (general directors, chief accountants and their deputies)
8. When elected to work in an elective position or in an elective structure for a predetermined period 8. With citizens studying at the university at the full-time department
9. When referred to seasonal or temporary work from the employment service 9. With teams of sea ships
10. When undergoing civilian alternative service

A written agreement concluded for a certain time period must contain (paragraph 4, part 2, 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 when it expires.

Attention!

If the employer does not indicate the circumstances that prompted him to resort to labor relations of a temporary nature, the contract may be recognized by the court as termless. If the expiration date of the contract is not reflected, it is also recognized as valid indefinitely.

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 any action after which it will be completed (part 2 of article 14, article 79 of the Labor Code of the Russian Federation, letters from Rostrud dated December 28, 2006 N 2264-6- one).

The procedure for concluding a contract for a certain period

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

      • Acceptance 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;
      • The conclusion of an employment contract with the obligatory indication of the motives for formalizing a relationship of limited duration and a clear time of its validity;
      • Creation of an administrative document on enrolling a candidate in a free form or using a unified form No. T-1;
      • Reflection of information about hiring 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 the company's local acts in the field of labor relations against signature: the collective agreement, provisions on remuneration and bonuses, internal labor regulations, approved working modes.

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

Important!

If the citizen actually began to perform his labor functions with the employer, the contract and the order for admission must be executed 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 prescribes all the necessary conditions, including the reasons for the application of its temporary form and the deadline for its completion. The description of the circumstances that prompted the employer to use the urgent option of labor relations occurs on the basis of the wording specified in Art. 59 of the Labor Code of the Russian Federation.

Option:

“The 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 performance of the duties of an absent employee Varfolomeeva Elena Vitalievna, who is on parental leave until he reaches the age of 3 years"

The time limit for a contract can be specified as either a fixed date or an event that terminates it. For example, "before leaving parental leave Varfolomeeva Elena Vitalievna." A probationary requirement may also be included in the text of an employment contract for a limited period. But some limitations should be taken into account:

      • If the contract execution period 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);
      • With a duration of cooperation of 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 contractual relations 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 employment order, in addition to the standard details, it is necessary to focus on the fact that the worker has been hired for a limited time period and the period of the employment relationship will end on a certain date or event. For example, “during the performance of the duties of Varfolomeeva Elena Vitalievna, who is absent due to being on leave to care for a child until she reaches the age of 3 years” or “to perform seasonal work to pick berries”

The termination date 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 staff disappears, for example, "until the clean-up work is completed."

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

Information on admission to the work book is entered in the usual manner, without indicating the temporary nature of employment. 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 dated April 16, 2003 No. 225).

An 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 being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Important!

An 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 being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

An example of a correct entry.

N records the date Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law) Name, date and number of the document on the basis of which the entry was made
number month year
1 2 3 4
Polet Limited Liability Company (Polet LLC)
11 22 11 2019 Hired in the porridge packing shop as a packer Order dated November 22, 2019 No. 143-p

How is dismissal with a fixed-term employment contract

As a general rule, it is necessary to terminate the employment relationship 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 right to early termination of cooperation, before the end of its validity period on a general basis:

      • at the initiative of the employee 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, then he is automatically 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 of the 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 a letterhead of your own design or using a unified form No. T-8;
      • Make an appropriate entry in the work book and personal card of the employee;
      • Settle with the employee for 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: work book, 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 at the same time, the sick person must be paid disability benefits in full.

Specializes in the field of labor law, accounting, business economics, labor economics, personnel management.
Higher economic education. 17 years of successful experience in various positions in accounting, finance, labor and payroll departments. Currently, he works as an economist for labor and wages in a large manufacturing company.

 

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