How to draw up a fixed-term employment contract. Temporary employment contract

The employer is especially interested in concluding a fixed-term employment contract, as he has the opportunity to fire an employee who is not suitable for the company. various reasons. Therefore, such contracts are sometimes imposed on people applying for work. Employers and potential employees should take into account the provisions of current labor legislation to protect their interests in the event of entering into a fixed-term employment contract.

Drafting sample

General rule, established by the Labor Code, states that employment contracts are concluded for an indefinite period. An exception is the conclusion of a fixed-term employment contract. It is concluded for no more than five years, unless a different period is provided for by the Labor Code or other federal laws. An agreement is recognized as unlimited if it does not indicate a validity period or if it is specified, but it exceeds the maximum established by the legislator.

The contract can be transformed into an open-ended one in other cases. For example, if, when concluding an agreement, the restrictions established by the legislator were not taken into account (Labor Code, Article 59), or evasion of the provision of guarantees and various rights provided for employees employed for an indefinite period was revealed.

In accordance with the Labor Code, a fixed-term employment contract is concluded in the following cases:

• If the employment relationship cannot be established for an indefinite period due to the nature of the work to be performed, as well as the conditions associated with its implementation.
• If the contract can be concluded by agreement of the parties. In this case, the nature of the work to be performed and the conditions associated with its implementation are not taken into account (if there are grounds provided by the legislator).

The employer must remember that the fixed-term contract must stipulate prerequisites, certain information is indicated (TC, Article 57). First of all, the validity period of the contract and the grounds for its conclusion must be indicated.

Currently, there is a list of mandatory and optional grounds established by the legislator for concluding a fixed-term contract. The list is not closed.

This type of agreement is concluded when hiring employees for seasonal or temporary work (up to two months), to replace temporarily absent employees, for an internship or professional training of an employee, etc.

Optional grounds are a right, not an obligation of the employer. Therefore, an employee can be hired with an open-ended contract.

A fixed-term agreement is recognized as legal if it is concluded with the voluntary consent of the parties. IN otherwise when resolving any conflicts, the court will establish the fact of a forced conclusion of a contract and apply the rules applicable to open-ended contracts.

Who can conclude

The right to enter into fixed-term employment contracts is granted by the legislator to small businesses (including individual entrepreneurs), the number of which does not exceed 35 people. For retail and consumer services- 20 people.

An employer cannot enter into a fixed-term contract with employees who have reached retirement age. Now this is only possible with newly hired employees who are age pensioners.

This agreement is concluded with persons who are full-time students, with chief accountants, managers and their deputies, with part-time employees of organizations of any form of ownership and organizational and legal forms.

When calculating average wages for payments to employees who annually enter into fixed-term contracts, travel allowances, vacation pay, etc., some difficulties arise.

According to the Labor Code and the Decree of the Government of the Russian Federation, the calculation of the average salary of an employee in any mode of work is made on the basis of accrued wages and actual time worked for the 12 calendar months that preceded the period during which the employee retained the average salary. Calendar month – from 1st to 30th (31st) days (February – to 28th (29th)).

Therefore, if a new contract is concluded with an employee every year, then one or another period of time falls for calculating vacation pay or sick leave.

Termination

Upon termination of the employment contract, the legal relationship of both parties also terminates. On the same day, the employer must issue the employee a work book and make a payment, that is, pay all amounts, including compensation for unused vacation (Labor Code, Article 140).

An employee with whom a fixed-term contract has been concluded may terminate it on his own initiative or by agreement with the employer (LC, Article 77).

It should be noted that in order to terminate an employment contract, the employer must take certain actions, otherwise it remains in force and becomes a document concluded for an indefinite period (LC, Article 58).
If a fixed-term contract becomes indefinite, then some changes are made to the employment contract and an additional agreement is concluded. No entries are made in the work book.

If the company is not interested in continuing the employment relationship with the employee, then he must be notified of the termination of the contract (ground - expiration) in writing three or more calendar days before dismissal (LC, Article 79).

An exception is the case when this agreement is concluded for the duration of the work of an absent employee.

In some circumstances, the exact date of termination of the contract cannot be specified, therefore:

• A contract concluded for the duration of specific work is terminated upon completion.
• A contract concluded for the duration of the duties of an absent employee is terminated upon his return.
• A contract concluded for the duration of seasonal work during a certain period (season) is terminated at the end of this time.

The work book indicates the expiration of the employment contract as a basis (Labor Code, Article 77).

If the court establishes the fact of illegal dismissal before the expiration of the employment contract, it reinstates the employee to his previous job. If the contract expires during the proceedings, the dismissal is declared illegal, and the date and wording of the grounds for dismissal are changed (to the basis upon expiration of the contract). In this case, at the request of the employee, the court makes a decision to recover in favor of the employee the average earnings for the period of forced absence, as well as to change the grounds for dismissal (to grounds for at will).

Dismissal of a pregnant woman

In 2006, a number of changes were made to Article 261 of the Labor Code. In this regard, employees hired under a fixed-term contract during pregnancy may be dismissed if they do not give written consent to be transferred to another existing job before the end of pregnancy. The employer must offer all vacancies that meet the requirements in a similar location. Vacancies in other localities can be offered if this is stipulated in the collective agreement, labor agreement, or agreements.

If the contract expires during pregnancy, then if the employee provides a medical certificate confirming her condition and a written statement, the employer must extend the employment contract until the end of the pregnancy. At the employer's request, the employee must provide this certificate (when extending the contract), but not more than once every three months. If a woman continues to perform duties after the end of pregnancy, the employer can terminate the contract within a week from the date of receipt of information about the end of pregnancy.
There is no minimum validity period for a fixed-term contract. In this regard, Chapter 45 of the Labor Code sets out the specifics of regulating short-term work.

Short term

If an employee is hired for a period of up to 2 months, then he is not subject to probation (LC, Article 289). With the written consent of such workers, involvement in work on non-working holidays and weekends is compensated at double the amount in cash (Labor Code, Article 290). Payment of compensation upon dismissal, as well as paid leave, is made at the rate of 2 working days for a whole month of work (Labor Code, Article 291).

When terminating the contract with these employees, special rules are established. If the termination is early, the employee must notify the employer three calendar days in advance. During the same period, the employer must notify about the upcoming dismissal (against signature in writing). In these cases, the employee does not receive severance pay (unless the contrary is established by the labor and collective agreement or federal laws).

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Labor legislation - legislation regulating the labor relations between the employee and the employer arising in the process labor activity.

The right to work is enshrined in the fundamental law of our country - the Constitution Russian Federation. The main legislative act regulating labor relations is the Labor Code of the Russian Federation.

The Labor Code is required to be observed by all parties, both employees and employers, regardless of their legal form. However, not all labor issues are regulated by this law.

Rules for drawing up a fixed-term employment contract

Legal relations not regulated by the code may be regulated by local acts of the employer. Local acts regulate in detail the rights and obligations of the parties to labor relations.

These acts are approved by the management of the employer enterprise and are binding not only for employees, but also for the employers themselves. Local acts can take the form of regulations, instructions, orders, etc. Every employee of the employing organization must be familiar with each such act. Local acts should not contradict the labor legislation of the Russian Federation.

If the employer’s internal document contradicts any regulatory act, then in terms of the contradiction, the local act is not valid, in in this case priority remains with legislative regulations.

In addition to local acts, the relationship between the parties is regulated by an employment contract. An employment agreement can be drawn up either for a specific period () or for an indefinite period. In this article we will look at some of the features of such a document using the example of a sample employment contract with an employee.

Features of concluding fixed-term contracts

A fixed-term employment contract is a written agreement between the employee and the employer on basic working conditions and concluded for a certain period. The validity period of such an employment contract cannot exceed five years.

The sample fixed-term employment contract posted below is an exception to the general labor rules. In the overwhelming majority, an employment contract is concluded between the worker and the employer for an indefinite period, and only in cases where this is impossible, a fixed-term employment contract is concluded.

The Labor Code of the Russian Federation establishes cases when a fixed-term contract can be concluded. This list is exhaustive. The conclusion of such an employment contract under other circumstances is not permitted by labor legislation.

If the employment agreement does not contain the period for which it is concluded, then, in accordance with labor law, it is considered to be concluded for an indefinite period.

Consequences of expiration of the contract

At the end of the employment contract, none of the parties to the agreement demanded its official termination due to expiration and the employee continues to fulfill his job responsibilities, then such an employment contract is considered concluded for an indefinite period.

The labor legislation of our country prohibits the conclusion of fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

The employer is prohibited from requiring the employee to perform labor functions not provided for in the employment contract.

One of such documents is located on this page. You can download a fixed-term employment contract with an employee, the form of which is located below, absolutely free of charge, using the functionality at the end of the page.

Fixed-term employment contract with an employee

Moscow "___" ___________ 201_.

Limited Liability Company "____________" (abbreviated name LLC "____________"), hereinafter referred to as the "Employer", represented by the General Director _______________________________, acting on the basis of the Charter, on the one hand, and citizen _______________________, hereinafter referred to as the "Employee", on the other hand the other parties have entered into this employment contract, hereinafter referred to as the “Agreement”, as follows.

1. The Subject of the Agreement
1.1. Under the Contract, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this contract, to provide working conditions provided for by the current labor legislation, local regulations of the Employer, in a timely manner and in full size pay the Employee wages.

etc...

The entire sample of a fixed-term employment contract is posted in the attached file.

A fixed-term employment contract - a sample of it is given in our article. In addition, in it we will tell you how to correctly draw up a document using a sample fixed-term employment contract, and also provide an overview of the most common mistakes that arise when drawing it up.

Grounds for concluding a fixed-term employment contract

The grounds for concluding an urgent TD can be divided into 2 groups:

• Related to the specific characteristics of future work (regulated by paragraphs 1-13 of Article 59 of the Labor Code of the Russian Federation).
• Not related to the specifics of work activity (regulated by paragraphs 14-25 of Article 59 of the Labor Code of the Russian Federation). In this case, drawing up an urgent TD is permissible only if there is voluntary consent of both parties to the agreement (paragraph 2, paragraph 13 of the resolution of the plenum of the RF Armed Forces “On the application by courts ...” dated March 17, 2004 No. 2).

Expression of will of persons not listed in paragraph. 14-25 art. 59 of the Labor Code of the Russian Federation, when assessing the existing grounds for concluding an urgent TD, the judicial body is not taken into account (see the ruling of the Krasnoyarsk Regional Court dated November 28, 2012 in case No. 33-10385/2012).

Urgent TD concluded in the absence of sufficient grounds identified in judicial procedure, can be qualified by a judicial authority as indefinite with all the ensuing legal consequences (including reinstatement of the dismissed person at work, payment of appropriate compensation, etc.).

Recognition by courts of fixed-term employment contracts as concluded for an indefinite period: common situations

The judicial authority recognizes an urgent TD as valid indefinitely in the following cases:

1. The grounds for concluding an agreement are not specified (paragraph 10, article 57 of the Labor Code of the Russian Federation). To avoid qualifying the contract as unlimited-term, the employer must prove that the grounds regulated by law actually existed, although they were not specified in the TD. For example, the ruling of the Kamchatka Regional Court dated 05/21/2015 in case No. 33-808/2015 and the ruling of the Supreme Court of the Republic of Karelia dated 09/01/2015 in case No. 33-3390/2015.
2. An urgent TD was concluded on the grounds regulated by paragraph. 1-13 tbsp. 59 of the Labor Code of the Russian Federation, but in fact the worker’s functionality does not go beyond the standard activities of the organization (decision of the KhMAO-Yugra court dated December 6, 2011 in case No. 33-5544/2011).
3. An urgent TD was signed with the head of a structural unit of a legal entity in the absence of other grounds regulated by Art. 59 Labor Code of the Russian Federation. For the head of a structural unit, the rules of paragraph. 21 Art. 59 of the Labor Code of the Russian Federation do not apply (see the ruling of the Moscow City Court dated December 18, 2013 in case No. 4g/8-12759).
4. An urgent TD was concluded under duress (paragraph 3, clause 13 of resolution No. 2). Usually the court interprets the very fact of a person signing an agreement as its voluntary conclusion (for example, the ruling of the Supreme Court of the Republic of Tatarstan dated December 1, 2014 in case No. 33-16227/2014). In the situation under consideration, witness testimony can be cited as evidence of forced signing of the TD (see the ruling of the Voronezh Regional Court dated January 25, 2011 No. 33-340).

Concluding a fixed-term employment contract: determining the term

The longest period for which such an agreement can be concluded, according to general principle is 5 years (Article 58 of the Labor Code of the Russian Federation).

The expiration of an urgent TD is tied to a specific date or the occurrence of certain circumstances. Thus, if an urgent TD was concluded to perform work, the exact completion date of which cannot be established, the contract will be considered to have ended upon completion of such work.

Another option is when an urgent TD is signed with an employee accepted into the staff of an organization created for a predetermined period or to achieve an established goal. In this situation, termination of an urgent TD is possible only in the event of the actual termination of the organization’s activities without the transfer of its rights and obligations through succession (clause 14 of Resolution No. 2).

Important! Identification of the fact of multiple conclusion of fixed-term agreements for a short period of time to perform similar labor functionality gives the judicial authority the right to recognize such an agreement, taking into account other circumstances in each specific case, concluded for an indefinite period.

For example, according to the ruling of the Pskov Regional Court dated June 11, 2013 in case No. 33-903/2013, the employer was unable to prove the validity of multiple conclusions of urgent labor contracts, and therefore the corresponding labor relations were recognized as established for an indefinite period.

In another situation, the court did not see the fact of repeated conclusion of urgent labor contracts with the same person as a violation of the norms of the Labor Code of the Russian Federation, since the need for just such formalization of labor relations was directly related to the specifics of the work (see the determination of the Supreme Court of the Republic of Sakha (Yakutia) dated 11/16/2015 in case No. 33-4168/2015).

Termination of a fixed-term employment contract

The basis for termination of an urgent TD is the expiration of its validity period depending on the date or event specified in it. The only exceptions will be situations when relations within the framework of the agreement de facto continue and none of the parties has expressed their intention to terminate them (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation).

The expiration of the validity period of the TD is in itself recognized as grounds for termination of relations under the relevant agreement. When resolving controversial situations, the courts indicate that the circumstances surrounding the expiration of the TD cannot depend on the will of the employer. Consequently, the guarantees regulated by the Labor Code of the Russian Federation for employees whose dismissal is initiated by the second party to the contract, in cases of termination of urgent TD on the grounds of clause 2 of Art. 77 of the Labor Code of the Russian Federation do not apply.

In this situation, the employee may be dismissed, including:

• during the period of temporary incapacity for work and while on vacation (decision of the Moscow Regional Court dated February 18, 2015 in case No. 33-3722/2015);
• while on parental leave (for example, the ruling of the Irkutsk Regional Court dated November 19, 2014 in case No. 33-9495/14).

At the same time, the Labor Code of the Russian Federation provides pregnant employees with the right to apply to the employer to extend labor protection until the end of pregnancy or the end of maternity leave, if it was provided to her in the proper manner. The application must be accompanied by a medical certificate confirming pregnancy. If these conditions are met, the employer cannot refuse to extend the term of the TD (paragraph 2 of Article 261 of the Labor Code of the Russian Federation).

Labor relations in case of prolongation of a fixed-term employment contract or its transformation into an indefinite one

As mentioned above, a fixed-term TD can be transformed into an open-ended one if none of the parties to the legal relationship made a demand for termination of the contract due to the expiration of its validity period and the employee did not stop performing work after the date or event with which the end of such agreement was associated. TD (paragraph 6 of article 58 of the Labor Code of the Russian Federation).

Formally, extension of an urgent TD is permitted by law in 2 cases:

• at the request of a pregnant employee within the framework of paragraph. 2 tbsp. 261 of the Labor Code of the Russian Federation (the situation is discussed above);
• by written agreement of the parties in relation to a specialist in the pedagogical field, included in the teaching staff, elected to the position he is filling through a competition (paragraph 8 of Article 332 of the Labor Code of the Russian Federation).

At the same time, Rostrud notes: the Labor Code of the Russian Federation assumes the permissibility of making adjustments to the TD, regardless of its type (urgent or unlimited), including in terms of changing its validity period (see letter dated October 31, 2007 No. 4413-6). Thus, a fixed-term TD can be extended by drawing up an additional agreement. Although the number of such extensions is not limited, maximum term each of them should not exceed 5 years.

The law establishes that a dismissed employee working on a fixed-term contract must be notified by the employer of the termination of the contract at least 3 days in advance (paragraph 1 of article 79 of the Labor Code of the Russian Federation). Nevertheless, the employer’s failure to comply with the regulations is not interpreted by the courts as a basis for declaring the dismissal of an employee illegal, and urgent labor transfer transformed into permanent (see the ruling of the Irkutsk Regional Court dated January 23, 2013 in case No. 33-450/13).

So, the conclusion of an urgent TD must have sufficient legal grounds. Otherwise, such an agreement will be recognized as unlimited. The grounds for concluding an urgent TD must be stated in the text of the document. Otherwise, if controversial situations arise, the employer will have to prove their actual existence.

Violation by the employer of the procedure for notifying an employee of dismissal 3 days before the upcoming termination of an urgent employment contract does not in itself constitute grounds for his reinstatement.

for the duration of a specific job in a person acting on the basis, hereinafter referred to as " Society", on the one hand, and gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. An employee is hired for temporary work by the Company as a...
2. Wage The employee's salary is rubles per month.
3. During the period of work in the Company, the employee reports directly.
4. This employment contract is concluded for the duration of the work. The work must be completed no later than . Upon expiration of the specified period, this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the agreement.
5. The employee is required to start working in 2019.
6. The employee is required to perform the following job duties as specified in the job description.
7. Place of work of the Employee: .
8. After completing the work specified in clause 4 of the contract, 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 work.
9. The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if the employment relationship actually continues and neither party has demanded its termination in the following cases:
   • if upon expiration of the contract the work specified in clause 4 is not completed;
   • if, after completing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
10. Work in the Company is the main place of work of the Employee.
11. The work schedule, rights and obligations of the parties, grounds for termination of the employment contract and other conditions are determined in the Personnel Regulations, approved by the head of the Company.
12. Additional terms and conditions under this agreement: .
13. The terms of this employment contract are confidential and are not subject to disclosure.
14. 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.
15. In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
16. The parties are guided by the internal regulations of the Company (Personnel Regulations, internal labor regulations, etc.) only if the Employee familiarizes himself with them against signature.
17. Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
18. The Agreement is drawn up in 2 copies having equal legal force, one of which is kept by the Company and the other by the Employee.

Employers who need the services of hired personnel do not always want to hire people on a permanent basis. The law allows in certain situations to conclude a fixed-term employment contract with an employee, which will be valid only for a strictly defined time period. This type of relationship is formalized taking into account important legislative nuances.

The epithet “urgent”, usually associated with fast speed, in the name of this contract comes from the word “term”, that is, a set period of time.

This definition expresses the difference between such relationships and standard ones, which are built on an indefinite period of cooperation.

When concluding an indefinite or regular one, it specifies the date when the employee begins to perform his functions, but the time of dismissal and its reason are not determined. Whereas a fixed-term employment contract is a documentary form of formalizing the “employee-employer” relationship, when the conditions of separation and its time are determined in advance.

In Art. 56 of the Labor Code of the Russian Federation declares the obligation to draw up an employment contract during employment, indicating the validity period as an essential condition. The procedure for registering temporary employment is regulated in Art. 59 Labor Code.

The main difference between a fixed-term employment contract and an open-ended one is that the first can be concluded only when the second is objectively impossible, and the reason must be justified in the text of the contract and provided for by law.

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Important! The consent of the employee and the desire of the employer do not matter when choosing the form of an employment contract - fixed-term or indefinite. The execution of an employment contract must be carried out in accordance with the legal grounds strictly defined in the Labor Code of the Russian Federation. Otherwise, an illegally concluded fixed-term employment contract will be reclassified as an open-ended one.

For what period is a fixed-term employment contract concluded?

The test of this agreement must indicate not only the start date of the employment relationship, but also determine its ending. The maximum period of validity of a fixed-term contract is 5 years. If you specify a larger period, such a contract will turn into an open-ended one.

For the validity of the time limit, the contract should reflect its scope:

• designate a specific date for termination of the relationship (within a five-year limit);
• cite an event the occurrence of which authorizes termination of the employment contract.

Attention! If one of these conditions is missing, the contract legally turns into an ordinary one - with an indefinite duration. Minimum term the conclusion of an employment contract is not provided for by law.

Final date

In the first case, even the date specified in the contract does not mean automatic dismissal: the employer is required by law to inform the employee about the upcoming separation three days in advance, and in writing. Otherwise, the expiration of the contract will not be grounds for dismissal, and if it does occur, the employee will be able to challenge it.

Without warning the employee, the employer seems to agree with the extension of the fixed-term contract for an indefinite period, that is, its reclassification into an open-ended one - this is how the Labor Code interprets this situation.

Border event

It is impossible to predict the occurrence of an event specified in the contract, which means it will not be possible to warn the parties in advance. Therefore, there is no temporary “backlash” here - the foreseen event clearly breaks the fixed-term employment contract. Typically, such an event involves the return to work of the main employee in whose place the temporary one worked.

With whom can I conclude a fixed-term contract?

This type of employment agreement is concluded with one of the categories of hired personnel under the following conditions:

• the nature of the work does not allow us to predict the duration of the required employment;
• the duration and outcome of the labor relationship is obvious.

Such employees include:

• seasonal staff;
• employees who were hired for a specific task by a required deadline;
• employees hired to perform temporary functions that are not in the main activity of the company;
• teachers who have the right to hold a position only for the duration of the competition;
• substitutes for the main employee during long-term incapacity (illness, maternity leave, etc.).

In what cases can you not enter into a fixed-term contract?

The answer to this question is given by the method of exclusion: a fixed-term contract cannot be concluded if it is permissible to conclude an open-ended one instead. Since the employer benefits from a fixed-term employment relationship more than the employee, the law protects the weaker party.

International Labor Convention (ILO) and Russian legislation strive to reduce the number of temporary workers as much as possible in favor of those employed on a permanent basis, which provides more guarantees.

Art. 59 of the Labor Code of the Russian Federation provides for two legal reasons for ensuring the “urgency” of an employment contract:

1. The nature of the work and the circumstances of the formalization of the relationship determine its strictly limited period.
2. The duration of the contract is limited by agreement between the employee and the employer, unless this is in conflict with the law.

Fixed-term contracts based on the nature of work

The procedure for their conclusion is justified in Part 1 of Art. 59 Labor Code of the Russian Federation.

Circumstances that are essential for concluding a fixed-term employment contract instead of an open-ended one may be the following:

• a full-time employee cannot temporarily perform his duties, and it is impossible to dismiss him by law;
• the planned work will not last longer than 60 days;
• seasonal employment;
• the need for actions that are not typical for the enterprise itself (for example, repairs, dismantling, etc.);
• a short-term (up to a year) duration of work is envisaged (for example, increasing production volumes, expanding the range of products, etc.);
• the enterprise itself was created for a short period of time to perform a specific task or type of work;
• registration for internship. Advanced training, additional professional training, etc.;
• work due to election for a certain term;
• public Works.

Attention! Federal legislation has not closed this list, providing for other possible cases that may become the basis for urgency in an employment contract, if such are adopted in other versions of the law.

Fixed-term employment contracts by agreement

The employee and the employer can make a joint decision on a limited duration of the contractual relationship, but only in special cases specified by law:

• the employer belongs to a small business;
• the hired employee is an old-age pensioner;
• a medical certificate issued to the employee allows him to be employed only temporarily;
• we are talking about concluding a contract for work in the Far North or in similar climatic conditions;
• for the winner of the competition for the position;
• hiring personnel to deal with emergency situations;
• the contract is concluded with the management team, deputy managers or with the chief accountant;
• a creative employee is hired (one of the legislative list of such positions);
• an agreement with a seafarer working on a watercraft registered in the Russian International Register;
• additional conditions that may become relevant under federal law.

For your information! It is legally prohibited to enter into repeated fixed-term contracts with the same employee to perform the same function - this is a violation of his rights (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” ).

Fixed-term employment contract sample 2018 free download

What should a contract with an employee contain?

The most important requirement for fixed-term employment contracts is an indication and justification of the reason why this particular type of contract is concluded and not an open-ended one. The stated reason must be included in the above list from the Labor Code.

Mandatory conditions of a fixed-term employment contract

The execution of any contractual relationship, including employment for a limited period, must contain the conditions mandatory for such documents (Part 2 of Article 57 of the Labor Code of the Russian Federation):

• date of preparation and document number;
• name of the place where the work was performed (official details);
• personal data of the employed person;
• designation of the labor function (according to the staffing table);
• the date from which the employee begins work;
• labor remuneration;
• work and rest schedules, including vacations;
• procedure and amounts of compensation payments;
• nature of work;
• insurance, pension conditions;
• information about the probationary period, if applicable (it is not assigned if the employee is hired for less than 2 months, and if the contract period does not exceed six months, then the trial cannot last longer than two weeks.).

Unlike ordinary employment contracts, urgent ones must indicate the end of the employment relationship - either the date or the circumstance leading to the dismissal of the temporary employee.

If, when drawing up a fixed-term contract, all mandatory conditions are not included in it, this qualifies as an offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, for which a fine is provided.

Additional terms of the employment contract

They can be included in the employment contract at the initiative of the employer (Part 4 of Article 57 of the Labor Code of the Russian Federation). The main thing is that they do not worsen the employee’s position in comparison with the requirements of the Labor Code of the Russian Federation; for example, monetary fines cannot be imposed for being late. Additional conditions, as a rule, clarify the rights and obligations of the employee and the circumstances of his dismissal.

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Important! If the work involves maintaining secrets protected by law, this should also be specified in additional conditions.

Procedure for concluding a fixed-term contract

The contract is drawn up in free form. You need 2 copies of this document - for each party. On the “employer” contract, the employee needs to sign that he has been given 2 copies of the contract: insurance in case the employee loses his copy, as well as against the interest of the labor inspectorate. The signatures of the parties must indicate passport data.

Is it possible to extend a fixed-term employment agreement?

The law answers this question positively; let’s consider the nuances of prolonging a fixed-term contract:

1. A mandatory extension is possible in the only case: if the employee who signed the fixed-term contract is pregnant. Part 2 art. 261 of the Labor Code of the Russian Federation requires the employer to extend the term of the contract until childbirth based on the employee’s application and medical confirmation of her pregnancy.
2. The fixed-term contract was not terminated. If the employer does not dismiss the employee after the expiration of the contract, having warned him 3 days in advance, the status of the contract changes to unlimited. This happens automatically; legally, the worker is considered to be employed on a permanent basis. HR officers are still advised to re-issue documents: draw up an additional agreement or a regular employment contract instead of a fixed-term one.

Attention! Even if the documents are not renewed, an employee who continues to work, although his fixed-term contract has expired, is subject to all the rights of a permanent employee.

Procedure for terminating a fixed-term employment contract

The nuances of the dismissal procedure depend on the period for which the employment contract was concluded.

The following options are possible:

1. A specific date for completion of cooperation is given. Three days before its occurrence, the employee must receive written notice of termination of a fixed-term employment contract and sign for familiarization.
2. A circumstance has occurred that terminates the contract. In this case, no prior warning is required; the employee is fired on the day this circumstance occurs (a permanent employee returns to work, in whose place he temporarily worked).
3. The stated work has been completed. If a fixed-term employment contract was signed for the performance of specific work, its completion is equivalent to a circumstance that terminates the duration of the contract. It is confirmed by an acceptance certificate for the work performed, signed by both parties.
4. Early termination can be initiated by both the employer and the employee. In this case, the usual rules applicable to open-ended contracts apply. The only difference: when dismissing an employee at his own request, the contract with whom was concluded for a period of up to 2 months, notice of dismissal should be given not 2 weeks in advance, as usual, but 3 days in advance.

Attention! If an employee is pregnant, has young children, or we are talking about an employment contract with minors, it can only be terminated with the permission of the labor inspectorate.