Fixed-term employment contract completed. Fixed-term employment contract: instructions for use

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

What is a fixed-term employment contract?

Fixed-term employment contract - a common type of agreement between an employer and an employee, when for certain reasons this relationship has an agreed upon expiration date, as opposed to the usual.

• Download the form, sample urgent employment contract
• Download a sample order for employment under a fixed-term employment contract

Fixed-term and unlimited-term contracts - what is the difference?

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

However, the employer cannot always freely choose what type of contract to offer the applicant, since in some points the law requires the conclusion of a STD, and in others it makes such a step on the part of the employer possible, but not mandatory.

In what cases is it necessary to register an employee under the STD?

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

Let's list the main cases:

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

In what cases is it possible, but not necessary, to register an employee under the STD?

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

An employer may enter into it with persons under the following circumstances:

• Small businesses with a staff of no more than thirty-five people;
• Worker retirement age, and also if, according to a doctor’s prescription, he can only be at temporary work;
• Working in the Far North requires moving there;
• To eliminate the consequences of disasters, epidemics, accidents, as well as to prevent these events;
• People of creative professions (filmmakers, media journalists, theater and circus artists);
• Full-time employee of an educational institution;
• Crew members of sea and river vessels;
• Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activity of the company;
• Part-timers;
• Deputy positions of scientific and pedagogical staff in a higher educational institution;
• Persons invited to a coaching position to prepare students for competitions.

In all other cases (their overwhelming majority), the law prescribes the hiring of workers only under an open-ended employment contract.

How to apply for a job according to STD

So, if the employer is convinced that the case of his future employee falls under one of the above points, the question arises about competent hiring, including the correct filling out of all documents. In general, employment under STD is no different from traditional employment, but has several features.

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

• Passport or other identification document;
• Work book (if this is the first job, the employer by law does not have the right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be entered into by the employer himself);
• Insurance certificate of state pension insurance (SNILS);
• Military registration documents – for persons liable for military service;
• Document on education or qualifications;
• Certificate of good conduct.

Strictly according to the Labor Code, the employer does not have the right to request from the employee TIN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee’s activity (trade, education, catering, etc.).

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

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, and also confirm your familiarization with a signature in the appropriate journal.

The employment contract, order and work book are registered in the appropriate journals by an employee of the personnel department.

What probationary period can be set for STD?

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

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

So, we have examined the key issues regarding a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and even more confidently lead your company to success.

Fixed-term employment contract: instructions for use

Employers often have situations where they have to hire workers to perform a specific task. Usually in these cases, the director wants to hire people “temporarily,” that is, enter into a fixed-term employment contract with them. But is it always possible to conclude fixed-term employment contracts? How to do it right? What wording should be in the contract and in the employment order? The answers to these and other questions regarding fixed-term employment contracts are in our article today.

What are the limitations of using a fixed-term employment contract?

It is impossible to conclude a “temporary” (or, in legal terms, a fixed-term) employment contract with an employee, guided only by the desire of the employer. The list of cases in which the legislator allows a fixed-term employment contract to be drawn up is given in the article of the Labor Code of the Russian Federation. This list is exhaustive. At the same time, the article of the Labor Code of the Russian Federation states that if a fixed-term employment contract is concluded, then its text must indicate the circumstances (reasons) that served as the basis for the application of such a contract.

Thus, it is possible to formalize a temporary employment relationship with an employee only in cases where this is directly permitted by the provisions of an article of the Labor Code of the Russian Federation. To be fair, we note that the list of situations presented in this article is quite long. Moreover, some items on the list are open-ended, which makes it possible to further expand the scope of a fixed-term employment contract.

The list itself is divided into two parts. The first includes cases when a fixed-term employment contract can be concluded at the initiative of the employer. And the second part of the list lists situations where the application of a fixed-term employment contract requires agreement of the parties. Concluding the description general rules, which regulate the conclusion of fixed-term employment contracts, we once again draw your attention to an extremely important norm. Even if the employee does not object to the temporary nature of the employment relationship, a condition regarding the duration of its validity can be included in the employment contract only if this is directly permitted by the provisions of the article of the Labor Code of the Russian Federation.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which it is possible to conclude an employment contract for a certain period is hiring to perform the duties of a temporarily absent employee. In this case, the job remains with the “main” employee. But while he is not doing his job, you can temporarily take another person in his place (Part 1 of Article of the Labor Code of the Russian Federation, letter of Rostrud dated November 3, 2010 No. 3266-6-1).

The Labor Code does not specify the reasons why the “main” employee may be absent from the workplace. Therefore, there can be absolutely any reasons. For example, temporary disability, leave (not only to care for a child, but also annual paid or unpaid leave), temporary transfer based on a medical certificate to another job, the employee’s performance of state or public duties, undergoing a medical examination or advanced training outside of work. work.

Let's note one more important point: It is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will alternately replace several absent “core” employees (for example, during their vacations). This is due to the fact that an article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the duties of an absent employee, that is, we are talking about a specific employee and the performance of his labor functions. Therefore, if it is necessary to organize “safety net” during the holidays of the “main” employees, then each time you will have to draw up a new contract (i.e., terminate the fixed-term employment contract when the “main” employee leaves and enter into a new one during the absence of another employee).

As noted above, on the basis of an article of the Labor Code of the Russian Federation, in a fixed-term employment contract it is necessary to directly indicate that the contract is concluded for a temporary period, and provide the corresponding reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring for the duration of the duties of an absent employee), it is recommended to include the following wording in the contract:

What to write in the contract and in form No. T-1

The list of seasonal work, as well as their maximum duration, are established by industry agreements (Part 2 of Article of the Labor Code of the Russian Federation). Also for these purposes, you can be guided by the List of Seasonal Works (approved by Decree of the People's Commissariat of Labor of the USSR dated October 11, 1932 No. 185) and other documents (for example, Decrees of the Government of the Russian Federation dated 04/06/99 No. 382 and dated 07/04/02 No. 498, Resolution of the Council of Ministers of the RSFSR dated 04.07.91 No. 381).

As we can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the relevant type of work must be included in an industry agreement or regulation. Moreover, the term of such an agreement cannot exceed the term of the season established by the same document.

However, a probationary period for those hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the probationary period can be up to two weeks (Article of the Labor Code of the Russian Federation).

What to write in the contract and in form No. T-1

It should be noted in the employment contract that it is concluded for a season. Since the length of the season depends on natural and climatic conditions, it is not necessary to indicate a specific end date of the employment contract (Part 4 of Article of the Labor Code of the Russian Federation). Accordingly, the wording of the employment contract may be as follows:

The same wording must be transferred to the employment order (Form No. T-1). Moreover, in the “by” column of this order, the expiration date of the employment contract can be indicated not only by the specific end date of the season, but also by the occurrence of an event (for example, write “end of the season”).

Work outside the normal course of business of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work beyond the normal activities of the organization.

Features of concluding a fixed-term contract

If the employer enters into the work book information about the period for which the employment contract is drawn up, then this will be a violation of the procedure for maintaining work books, and may entail administrative liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

EMPLOYMENT AGREEMENT N with _______________________

G. ____________
"___"_________ _200_ g.

We shall refer to hereinafter as "Employer", in
person _________________________, acting___ on the basis of the Charter,
on the one hand, and a citizen of the Russian Federation _________________________________,
(FULL NAME.)

We shall hereinafter be referred to as "Employee", on the other hand, have concluded
this agreement about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this agreement, 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, and the Employee undertakes to personally perform the labor function specified in this agreement, comply with the internal labor regulations in force in the organization, other local regulations of the Employer, as well as perform other duties stipulated by the employment contract, as well as additional agreements thereto. 1.2. The agreement was drawn up in accordance with current legislation and is a binding document for the parties, including when resolving labor disputes between the Employee and the Employer in judicial and other bodies.
2. BASIC PROVISIONS

2.1. The Employer instructs, and the Employee assumes, the performance of labor duties in the position of ____________ in the structural unit of ________________. 2.2. Work under this agreement is the main job (part-time job) for the Employee. 2.3. During the performance of his work duties, the Employee reports directly to the General Director. 2.4. The Employee’s place of work is the organization’s office located at: ______________________. 2.5. The Employee’s work under this agreement is carried out under normal conditions. The Employee’s labor duties are not related to performing heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.
3. DURATION OF THE AGREEMENT

3.1. The employee must begin performing his job duties from "___"_______ 200_ 3.2. This contract is fixed-term and is concluded for the duration of the Employee’s work under ____________ (Clause 10, Article 59 of the Labor Code of the Russian Federation). 3.3. The expiration date of this agreement is considered to be the moment ____________ (determine what will be the end of the work - signing of documents, delivery to a superior manager, etc.).
4. PROBATIONAL PERIOD

4.1. Upon conclusion of this agreement, the Employee is assigned a test to verify the compliance of the Employee’s qualifications with the work assigned to him. During the probationary period, workers are fully covered by labor laws. 4.2. The trial period is ____ (______________) months (no more than 3) from the date of conclusion of this agreement. The probationary period does not include the period of temporary disability and other periods when the Employee was absent from work for valid reasons. 4.3. If the probation period has expired and the Employee continues to work, he is considered to have passed the test and subsequent termination of the employment agreement (contract) is allowed only on a general basis. 4.4. If the test result is unsatisfactory, the Employee is released from work by the Employer without payment of severance pay.
5. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

5.1. The Employee's official salary is _________ (____________________) rubles. 5.2. The Employee's wages are paid by issuing cash at the Employer's cash desk. 5.3. From wages The employee may be deducted in cases provided for by law. Russian Federation. 5.4. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). At the same time, the conditions for such payments and their amounts are determined in the Regulations on bonus payments to employees “_____________________”. 5.5. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position. 5.6. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. At the request of the Employee overtime work Instead of increased pay, it may be compensated by providing additional rest time, but not less than the time worked overtime. 5.7. Work on weekends and non-working holidays is paid in the amount of a single daily or hourly rate in excess of the salary, if the work was carried out within the monthly working time norm, and in the amount of a double hourly rate in excess of the salary, if the work was carried out in excess of the monthly norm. 5.8. If the Employer has introduced labor standards, if they are not met due to the fault of the Employee, payment of the standardized part of the salary is made in accordance with the volume of work performed. 5.9. Downtime caused by the Employee is not paid. The reasons for downtime and the amount of damage are determined by the Employer, and in controversial cases - by the court.
6. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

6.1. The employee is obliged:
6.1.1. Conscientiously perform the following job duties:
- ___________________________________________;
- ___________________________________________.
6.1.2. Comply with the internal labor regulations of the organization and other local regulations of the Employer. 6.1.3. Maintain labor discipline.
6.1.4. Comply with labor standards if they are established by the Employer.
6.1.5. Comply with labor protection and occupational safety requirements.
6.1.6. Treats the property of the Employer and other employees with care.
6.1.7. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property. 6.1.8. Do not give interviews, conduct meetings or negotiations regarding the activities of the Employer without prior permission from management. 6.1.9. Do not disclose information that constitutes a trade secret of the Employer. Information that is a trade secret of the Employer is defined in the Regulations on Trade Secrets "________________". 6.1.10. By order of the Employer, go on business trips in Russia and abroad. 6.1.11. Work after training for at least 2 (two) years, if the training was carried out at the expense of the Employer, or pay the Employer the amount of training fees in proportion to the time not worked. 6.2. The employee has the right to:
6.2.1. Providing him with the work stipulated by this agreement.
6.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed. 6.2.3. Rest, including paid annual leave, weekly days off, non-working holidays. 6.2.4. Compulsory social insurance in cases provided for by federal laws. 6.2.5. Other rights established by the current legislation of the Russian Federation.

7. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

7.1. The employer is obliged:
7.1.1. Comply with laws and other regulations, local regulations, and the terms of this agreement. 7.1.2. Provide the Employee with work stipulated by this agreement.
7.1.3. Provide the Employee with equipment, technical documentation and other means necessary to perform his job duties. 7.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations. 7.1.5. Provide for the Employee’s household needs related to the performance of his job duties. 7.1.6. Carry out compulsory social insurance for the Employee in the manner established by federal laws. 7.1.7. Perform other duties established by the current legislation of the Russian Federation. 7.2. The employer has the right:
7.2.1. Encourage the Employee for conscientious, effective work.
7.2.2. Require the Employee to fulfill job duties specified in the job description, to take care of the property of the Employer and other employees, and to comply with the internal labor regulations. 7.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation. 7.2.4. Adopt local regulations.
7.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.
8. WORK AND REST MODE

8.1. The work and rest schedule is established by the Internal Labor Regulations.

9. EMPLOYEE SOCIAL INSURANCE

9.1. The employee is subject to social insurance in the manner and under the conditions established by current legislation
10. WARRANTY AND COMPENSATION

10.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the current legislation of the Russian Federation. Upon termination of an employment contract due to the liquidation of the Employer or a reduction in the number or staff of the Employer's employees, the Employee is paid severance pay in the amount of the average monthly salary, and also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). benefits). In exceptional cases, the average monthly salary is retained by the Employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the Employee applied to this body and was not employed by it. 10.2. Severance pay in the amount of at least two weeks' average earnings is paid to the Employee upon termination of the employment contract due to: - the Employee's inadequacy for the position held or the work performed due to a health condition that prevents the continuation of this work (sub-clause "a" clause 3 of Article 81 of the Labor Code of the Russian Federation); - calling up the Employee for military service or sending him to an alternative civil service replacing it (clause 1 of Article 83 of the Labor Code of the Russian Federation); - reinstatement of an employee who previously performed this work (clause 2 of Article 83 of the Labor Code of the Russian Federation); - the Employee’s refusal to transfer due to the Employer’s relocation to another location (clause 9 of Article 77 of the Labor Code of the Russian Federation).
11. RESPONSIBILITY OF THE PARTIES

11.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer’s internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation. 11.2. The Employer bears financial and other liability, in accordance with current legislation, in the following cases: a) illegal deprivation of the Employee’s opportunity to work;
b) causing damage to the Employee as a result of injury or other damage to health associated with the performance of his work duties; c) causing damage to the Employee’s property;
d) delays in wages;
e) in other cases provided for by the legislation of the Russian Federation.
In cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by the unlawful actions of the Employer. 11.3. The Employee is financially liable both for direct actual damage directly caused by him to the Employer, and for damage incurred by the Employer as a result of his compensation for damage to other persons.
12. TERMINATION OF THE AGREEMENT

12.1. The grounds for termination of this employment contract are:
12.1.1. Agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
12.1.2. Expiration of the employment contract (clause 2 of Article 58 of the Labor Code of the Russian Federation), except for cases where the employment relationship actually continues and neither party has demanded its termination. 12.1.3. Termination of an employment contract at the initiative of the Employee, in which case the Employee is obliged to notify the Employer no later than 2 weeks in advance (Article 80 of the Labor Code of the Russian Federation). 12.1.4. Termination of an employment contract at the initiative of the Employer (Article 81 of the Labor Code of the Russian Federation), including in the event of a change in the owner of the Employer’s property (Article 75 of the Labor Code of the Russian Federation). 12.1.5. Transfer of the Employee, at his request or with his consent, to work for another employer or transfer to an elective job (position). 12.1.6. Refusal of the Employee to continue working in connection with a change in the owner of the Employer’s property, a change in the jurisdiction (subordination) of the Employer or its reorganization (Article 75 of the Labor Code of the Russian Federation). 12.1.7. Refusal of the Employee to continue working due to a change in the essential terms of the employment contract (Article 73 of the Labor Code of the Russian Federation). 12.1.8. The Employee’s refusal to transfer to another job due to health conditions in accordance with a medical report (Part 2 of Article 72 of the Labor Code of the Russian Federation). 12.1.9. The Employee's refusal to transfer due to the Employer's relocation to another location (Part 1 of Article 72 of the Labor Code of the Russian Federation). 12.1.10. Circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation).
12.1.11. Violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation). 12.1.12. Other grounds provided for by the legislation of the Russian Federation.
12.2. In all cases, the day of dismissal of the Employee is the last day of his work.

13. SPECIAL CONDITIONS

13.1. The terms of this employment contract are confidential and are not subject to disclosure. 13.2. 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. 13.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation. 13.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations. 13.5. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.
DETAILS AND SIGNATURES:

Employer:

Worker: ____________________________________________________
registered at: _______________________________________
__________________________________________________________________
lives at: _____________________________________________
__________________________________________________________________
__________________________________________________________________
passport _________________________ issued "___"____________ _200_
__________________________________________________________________
__________________________________________________________________
telephone: _________________________________________________________

From Employer to Employee
____________________

____________/___________/ ______________/_____________/

Employers in need of hired personnel do not always want to hire people on a permanent basis. The law allows certain situations enter into a fixed-term employment contract with the 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 start date for the employee 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. Maximum validity period 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 not present, 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. IN 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.

The 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 starts 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, you do not include everything in it prerequisites, 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: upon dismissal at will An employee whose contract was concluded for a period of up to 2 months must receive notice of dismissal 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.

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 specifics labor 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, paragraph 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 employment relationship was recognized as established for an indefinite period.

In another situation, the court did not see the fact of repeated conclusion of urgent labor agreements 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 in itself is not grounds for his reinstatement.