What does a fixed-term employment contract mean? The procedure for concluding a fixed-term employment contract - grounds, conditions, terms

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 of the general rules that govern the conclusion of fixed-term employment contracts, let us once again draw your attention to an extremely important rule. 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 from Rostrud).

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 us note one more important point: it is impossible to draw up a fixed-term employment contract under 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 Work (approved by the resolution of the People's Commissariat of the USSR) and other documents (for example, resolutions of the Government of the Russian Federation and the resolution of the Council of Ministers of the RSFSR).

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, this will be a violation of the procedure for maintaining work books, and may entail administrative liability under an article of the Code of Administrative Offenses of the Russian Federation.

A fixed-term employment contract is concluded only in those cases provided for by law. A fixed-term contract, which is concluded at the request of the employer without sufficient grounds, is considered to be concluded for an indefinite period.

Employers have the right to enter into temporary contracts when the employment relationship cannot be established for an indefinite period. Such agreements are drawn up:

Only in those cases provided for by law;
Considering the nature of the work;
Taking into account the working conditions.

There are two types of grounds for drawing up fixed-term contracts: mandatory and by agreement of the parties. In other words, the legislation separates situations when a temporary contract is concluded regardless of the wishes of the parties and when it is drawn up at the personal request of the parties.

The Labor Code contains a closed list of grounds on which a temporary contract is concluded. If a fixed-term contract is not concluded in accordance with these grounds, it is considered to be concluded for an indefinite period.

Let's look at each type of base in more detail.

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

For the duration of temporary work, the duration of which is less than two months;
Citizens were sent to work abroad;
For the duration of seasonal work;
For the duration of the duties of the absent employee;
Individuals are employed by companies that are established for a predetermined period of time to perform a specific job;
The jobs for which employees are hired differ from the jobs that the organization usually performs;
The job involves increasing production volume for a period of time;
Citizens are sent to perform civil service;
Persons are hired for work, the end of which cannot be determined by a specific date;
Completing an internship;
Election for a specific term to an elective position;
Citizens are sent to work by employment agencies.

By agreement of the parties, the contract is concluded:

With citizens who get a job with employers who are engaged in small businesses, the number of their employees is less than thirty-five people (if the organization is engaged in retail trade - no more than twenty people);
With pensioners;
With citizens who, due to their health, can only work temporarily;
With persons who get a job in companies located in the Far North;
With citizens selected through a competitive process to fill a position;
To carry out urgent work to prevent various accidents and disasters, as well as to eliminate the consequences after them;
With citizens of creative professions;
With persons holding management positions, including chief accountants;
With full-time students;
With citizens taking part-time jobs;
In other cases provided for by law.

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

Reason for concluding a temporary contract, necessarily with reference to the Labor Code;
Duration of the contract.

Violation of current legislation by the employer

If, when executing a temporary contract, the employer violated any legal norms, the employee has the right to defend his rights. To do this, he can apply to the court.

If a controversial situation arises, the court recognizes a temporary contract as a contract concluded for an indefinite period, if, when concluding it, the employer:

Did not specify the validity period of the agreement in the text of the agreement;
Did not take into account the list of cases in which it is possible to conclude a temporary contract;
Did not indicate the reason why the contract was concluded for a specific period;
Did not provide the employee with the provided rights and guarantees.

If the dismissal of an employee is made on illegal grounds, the court will oblige the employer to:

Reinstatement of the employee to his previous position;
Payment to the employee of wages for the period of forced absence;
Payment of compensation for moral damage.

It is worth noting that the court may recognize a temporary contract as a contract concluded for an indefinite period not only upon termination of the contract, but also during its validity.

Changing the contract term

Employers quite often wonder whether it is possible to change the duration of a temporary contract.

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

Employees of higher educational institutions selected through a competitive process to fill a previously held position;
Athletes;
Expectant mothers (if the woman writes an application for renewal and provides a doctor’s certificate).

The contract period can only be extended in these three cases. To extend the term of the contract in other cases, you can make changes to the text of the contract. This can be done by signing an additional agreement.

By extending the contract with additional agreement, employers should remember that the maximum extension period allowed is five years. Also, in order to extend the contract, the grounds on which the contract was concluded must be preserved.

Read more about the conditions for extending a fixed-term employment contract.

The Labor Code of the Russian Federation gives employers the right to draw up fixed-term employment contracts. But this can only be done if there are grounds specified in the law. That is, the company’s management cannot enter into a temporary employment contract with any person they wish.

Who and with whom can conclude such a document?

A fixed-term employment contract is concluded between the parties to the employment relationship, that is, between the employee and the employer. To conclude such an agreement there must be a legal basis; the employer cannot make an employee based only on his own desire.

If the contract does not indicate such a basis or it is not true, the contract may be recognized and the employee will become permanent.

Advantages and disadvantages

The main advantage of a fixed-term employment contract for an employer is that the period of work for a person is limited; after its end, he does not have to renew the employment relationship with him.

Also, employees who have entered into contracts for a period of less than six months may not be paid full benefits upon reduction or not be warned if the contract expires earlier than two months, that is, before the date of reduction.

For an employee, a fixed-term employment contract has practically no advantages, except for the fact that with a contract whose term is less than two months, there is no fixed term, and you can quit with just three days’ notice.

Conditions for issuing a fixed-term employment contract

The main condition that makes it possible to conclude a temporary employment contract with an employee is the presence of a legal basis, which must be indicated in the text of the contract.

Grounds

The grounds for concluding a fixed-term employment contract are given in Article 59 of the Labor Code of the Russian Federation. This includes:

, for which a place is reserved.
Performing temporary and seasonal work. In this case, the work must necessarily be of a pronounced temporary nature or be seasonal.
Performing work that is not the main activity of the enterprise.
Performing work in organizations or workplaces that were originally created for a specific period.
Citizens whom the enterprise sends to work outside the country.
Election to an elected position or to an elected body.

For these reasons, an employer can enter into an employment contract without the employee’s consent.

In addition, there are reasons why an employment contract may be temporary if the parties agree on this.

In practice, during employment, the employer voices his intention, and the employee can agree or not.

If he disagrees, he is simply not hired due to the lack of agreement between the parties.

Such grounds include the following:

With old age pensioners registering for work.
With workers settling in companies that can be classified as micro-enterprises.
With managers, their deputies and chief accountants.
With part-timers.
With full-time students.
With persons who filled a vacancy as a result of a competitive selection.
If the work has special conditions (creative work, work on sea vessels and in the Far North, preventing the consequences of accidents and disasters).

If the reason is not specified, then it is considered that the contract was concluded as temporary without legal grounds.

Required documents

The fact of concluding a temporary contract is also reflected in several other documents.

Statement

The application form has not been approved, nor has it been approved what the employee must do. But in practice it is much more convenient when this fact is reflected. For example: I ask you to hire me as an accountant during the absence of a permanent employee.

Otherwise, the application is written in the usual manner.

Order

After an employment contract has been signed with the employee, an order for his employment is drawn up. Usually the unified form T-1 is used. It indicates that the employee was hired temporarily and for what reason. If the date of dismissal is determined, then it is indicated in a special cell.

Based on the order, an entry is made in the work book, but it does not indicate that the work is temporary.

Nuances of imprisonment with different categories of citizens

Separately, it is necessary to consider several categories in relation to which there are nuances when concluding an employment contract for a certain period.

Minors

The Labor Code of the Russian Federation does not indicate that the employer does not have the right to provide employees with fixed-term contracts. Accordingly, persons under 18 years of age can also be employed for a certain period of time, if there are grounds for this.

But at the same time, the employer must comply with all the conditions determined by Chapter 42 of the Labor Code of the Russian Federation:

The work should not be dangerous or harmful.
The working day should not exceed the norms established for a certain age.
Minors cannot be sent on business trips or engaged in night work.
It is also prohibited to engage in overtime work and work on weekends and holidays.

Termination of employment relations due to the expiration of the employment contract does not apply to the initiative of the employer, which means that in this case this procedure is possible without the involvement of the labor inspectorate and the commission for minors.

Pregnant women

Obliges the employer to extend the contract with a pregnant woman until the end of her pregnancy, that is, until childbirth. If a woman receives sick leave for pregnancy and childbirth and goes on corresponding leave, then the contract is extended until its end. If she returns to work after giving birth, the employer can terminate the contract with her within 7 days.

Read also: What validity period can be specified in an employment contract?

In order for the contract to be extended, the employee must do the following:

Write an application for extension indicating the reason.
Attach a certificate of pregnancy to the application.

The employer has the right to require a certificate of pregnancy every month until its end.

If the employer does not have the opportunity to extend the employment contract of a pregnant woman, for example, in the event of the departure of the main employee, then before dismissal he must offer her all available vacancies that are suitable for her taking into account her situation.

Pensioners

By agreement of the parties, a fixed-term contract can be concluded with age pensioners. The duration of such a contract is limited only by a maximum of five years.

It is possible to conclude a fixed-term contract with a pensioner only if he is employed in a new place of work. If at the time of retirement age he worked in an organization and had an open-ended employment contract, then he cannot be transferred to temporary work.

Managers

An employment contract with a manager can be temporary for two reasons:

By agreement of the parties.
In the case where the position of the manager is elective.

According to Article 275 of the Labor Code of the Russian Federation, the validity period of such an agreement must be determined by the charter or other local regulatory documents; accordingly, it can be concluded for more than 5 years.

Payment Features

Temporary workers are paid based on the regulations in force in the organization. But there are certain nuances when paying vacation compensation.

Compensation for unused vacation

The Labor Code of the Russian Federation makes a reservation only regarding vacations for employees who have entered into an employment contract for less than two months or whose work is seasonal. In this case, they are provided with vacation (compensation) at the rate of 2 calendar days per month, and not 2.33 as in all other cases.

For all other categories of employees who have entered into temporary employment contracts, the general principles for calculating vacations and compensation for them apply.

Vacations and sick leave

Since, for obvious reasons, temporary workers may not be included in the vacation schedule, they can be provided with rest only by agreement with the employer, especially for those categories whose employment period does not exceed six months.

During the period of temporary incapacity for work, temporary employees are entitled to all the benefits provided to main employees. That is, they retain their jobs and receive benefits.

If the employment contract ends while the employee is on sick leave, the employer still has the right to fire him. Moreover, if this is not done, the contract may be recognized as unlimited due to the fact that neither party initiated its termination after the expiration of the term.

Features of termination

If after the expiration of the period, the employer must notify the employee 3 days in advance, if possible. This becomes impossible if the contract does not specify a specific date, but the occurrence of a certain event, for example, the departure of the main employee.

A fixed-term employment contract - a sample of which any employer may need - is concluded for a certain period. However, a fixed-term employment contract of the 2019 model has a number of differences from a regular open-ended employment contract. Let's consider the features of drawing up a fixed-term employment contract with employees.

Features of a fixed-term contract

These contract options are united by the employee’s rights and guarantees that the employer is obliged to provide to him. The employee, in turn, must obey the internal labor regulations and conscientiously perform his functions. A fixed-term contract, just like an open-ended one, can be changed.

The situation of concluding a fixed-term employment contract becomes special for the following reasons:

Possible grounds for its execution are defined by law and must be given in the text of the agreement (Article 57 of the Labor Code of the Russian Federation).
The term of the contract cannot exceed 5 years and must be indicated in the text.
It is permissible to re-qualify the contract as unlimited (Article 58 of the Labor Code of the Russian Federation):
- if the basis for concluding such an agreement is not indicated in the text or if this basis does not comply with the restrictions established by law;
- the absence of a reference to the validity period in the text or the continuation of work after the expiration of the period established for the contract.
The duration of leave due to an employee is calculated based on 2 working days for each month of work with a fixed-term employment contract lasting up to 2 months (Article 291 of the Labor Code of the Russian Federation).
The condition for establishing a probationary period is subject to its own rules (Article 70 of the Labor Code of the Russian Federation).

Employment for a specific period, as well as with an open-ended contract, is formalized by order. The contents of the order must correspond to the details of the employment agreement. If there are discrepancies in these documents, priority is given to the text of the agreement.

Read about the specifics of filling out an order when applying for temporary work in the material “Unified form No. T-1 - download form and sample” .

Grounds for concluding a contract for a specific period

The grounds allowing the conclusion of a fixed-term contract are divided into 2 groups (Article 58 of the Labor Code of the Russian Federation):

mandatory, in which the nature or conditions of work do not allow the establishment of other relationships;
voluntary, when parties to the agreement can be persons of certain categories.

The first group is formed by the following situations (Article 59 of the Labor Code of the Russian Federation):

replacing a temporarily absent employee;
the work is temporary (no more than 2 months) in nature;
the work is tied to a specific season;
the employee is sent abroad;
the work is not ordinary for the employer, but is related to the reconstruction of production and is obviously temporary;
the legal entity-employer was initially created for a certain period or for some work;
the result of the assigned work cannot be tied to a specific date;
work during practice, vocational training, internship;
election to an elected body, to an elective position or employment to ensure the activities of such bodies;
temporary or public work in the direction of the employment service;
alternative civil service.

The second group includes (Article 59 of the Labor Code of the Russian Federation):

persons entering work for employers who are self-employed entrepreneurs (including individual entrepreneurs) with the number of employees up to 35, and for those employed in retail trade or consumer services - up to 20 people;
age pensioners and persons who are unable to work permanently due to health reasons;
persons moving to work in organizations located in the Far North or in areas equivalent to it;
persons involved in work intended to prevent, eliminate or eliminate the consequences of emergency situations;
persons who occupied a position as a result of a legally required competition;
creative workers according to the list approved by the Government of the Russian Federation;
heads of legal entities, their deputies and chief accountants;
persons studying full-time;
crew members of all types of ships registered in the Russian International Register;
employees registered on part-time basis.

The following options are also possible:

If there is a need to replace a second absent employee with the same temporary employee, then you can conclude 2 fixed-term contracts with him (one of which will be an agreement with a part-time worker) or make changes to an existing one by drawing up an additional agreement to it on replacing 2 employees at the same time.
It is possible to hire a temporary worker to replace an employee who was hired under a fixed-term employment contract, but for some reason will be temporarily absent from work. Here, the basis for termination of the contract will be the return to work of any of the replaced employees.

Test in the case of a fixed-term contract

The establishment of a probationary period for a fixed-term contract, as well as for an open-ended one, is not mandatory. But if there is an intention to install it, then it is necessary to remember that:

it is not installed for a contract period of up to 2 months.
it cannot be more than 2 weeks for a contract period of 2 to 6 months.

The condition for establishing the test must be fixed in the contract.

Who should not be given a probationary period when hiring, see.

Termination of a fixed-term contract

If there are no grounds for reclassifying the contract as unlimited-term, then it will expire:

within the period specified in the text (clause 2 of Article 77 of the Labor Code of the Russian Federation), about which the employee must be notified no less than 3 days in advance (Article 79 of the Labor Code of the Russian Federation), if the contract is not related to the replacement of an absent employee;
with the occurrence of an event to which the validity period of the contract is tied (Article 79 of the Labor Code of the Russian Federation): the replacement employee goes to work, the end of the season or the assigned work.

Exceptions may be situations related to pregnant women whose contract expires during pregnancy (Article 261 of the Labor Code of the Russian Federation):

at the request of the employee, the contract can be extended until the end of this condition;
if pregnancy requires a transfer to another job appropriate to the woman’s condition, and the employer has nothing to offer or the woman does not agree to this job, then the contract is terminated until the end of the pregnancy.

Just like a contract valid without a term, a fixed-term contract can be terminated on other grounds specified in Art. 77 of the Labor Code of the Russian Federation, for example, by agreement of the parties or the initiative of the employee, due to a change in the essential terms of the contract, due to disciplinary action or any external circumstances.

Read about what claims may arise against an employee regarding labor discipline in the following articles:

“What is considered late under the Labor Code?” ;
“How to properly register absenteeism for an employee under the Labor Code of the Russian Federation?” .

Sample contract concluded for a specific period

An employment contract is a document that does not have a strictly mandatory form, but requires the inclusion of a certain set of information.

Find out who is required to use a standard employment contract from this publication.

Employers can independently develop the form they will use, or they can use a unified form of employment contract.

What the unified form of an employment contract looks like, see the link.

For fixed-term and open-ended contracts, the data, the presence of which is mandatory in the text, largely coincides. Therefore, a general form is very often used for them, containing in it the sections necessary to fill out under fixed-term contracts.

Let us remind you that the fixed-term contract must reflect:

its validity period, established either by a specific date or the occurrence of a certain event;
an indication of the reason for concluding the contract for a period, and this reason must be listed among those listed in Art. 59 Labor Code of the Russian Federation.

A sample of a fixed-term employment contract can be found on our website.

Extension of a fixed-term employment contract for a new term

Repeated extension of a fixed-term employment contract for a new term may entail its reclassification into an open-ended employment contract, especially if the same job function is expected to be performed.

However, you need to take into account some features:

Repeated extension of a fixed-term employment contract for a new term with the director of an LLC does not entail its recognition as an indefinite employment contract. This exception is explained by the fact that, according to Part 1 of Art. 275 of the Labor Code of the Russian Federation, the validity period of an employment contract with a director is determined by the company’s charter or agreement of the parties. The director is elected for the period established by the company's charter (Clause 1, Article 40 of the Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ). In this case, the provisions of Art. 58 of the Labor Code of the Russian Federation regarding the recognition of a fixed-term employment contract as open-ended does not apply to relations with the heads of companies. In this case, the director can be re-elected an unlimited number of times.
It is allowed to extend a fixed-term employment contract with employees of the scientific and teaching staff who are elected by competition to fill a previously held position. In this case, an additional agreement can be concluded between the employee and the employer to extend the fixed-term employment contract (clause 8 of Article 332 of the Labor Code of the Russian Federation).
If the term of a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged to extend it at the written request of the employee (Article 261 of the Labor Code of the Russian Federation). An order to extend a fixed-term employment contract, or rather a sample of it, can be downloaded from the link.

Results

Drawing up an employment contract for a specific period does not present any difficulties, but requires compliance with a number of legally established rules to exclude the possibility of its reclassification into an open-ended one.

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

A fixed-term employment contract means that the company at this particular moment needs an employee for the duration of a certain job, and its manager assumes that upon expiration of the term, the employment relationship will be terminated.

For example when it is impossible to conclude an open-ended contract which is usually associated with:

An employee who previously held a vacant position went on maternity leave. Her place is reserved in accordance with the Law;
for seasonal work. There may be a need for harvesters, summer route drivers, and support workers for ski slopes. The enterprise is limited in its activities by weather or natural conditions, so maintaining a full staff year-round is not economically feasible;
The job for which recruitment is open is not permanent in principle and the need for it lasts no more than two months. For example, an enterprise is planning to hold an advertising campaign and needs promoters who will offer possible buyers leaflets indicating the address of a new trading house or office;
If advertising campaigns can be carried out at least periodically, then there are events that generally go beyond the scope of current activities. The premises need to be reconstructed, a logo for a new company needs to be developed, a website needs to be created, a lawyer is needed to consider the case in the Arbitration Court. This task can be entrusted to a specialized company, or it can be performed by newly hired employees.

Citizens, undergoing alternative service or sent for forced public works; trainees; interns; persons accepted for work abroad; elected deputies are also employed for a pre-agreed period.

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

Examples of such voluntary restrictions:

managers, their deputies and chief accountants of enterprises. Due to the responsibility assigned to these positions, the owners of legal entities thus insure the risks of ineffective management of enterprises;
full-time students;
part-time workers;
emergency responders;
newly employed old-age pensioners and disabled people who are not allowed permanent employment for health reasons;
employees at private enterprises with no more than 35 employees;
employees on sea and river vessels;
those finding employment with the condition of moving to the Far North;
creative workers of editorial offices, theaters, the film industry, circuses (the list of such professions and positions is approved by the Government of the Russian Federation) and others.

Subtleties of conclusion

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

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

Duration

For what period is a fixed-term employment contract concluded? What is the maximum period? And what is the minimum?

Fixed-term employment contract is concluded for a period of no more than five years- this is the maximum (maximum) period, the minimum is not specified in the Law.

This:

concluding an agreement for a period of up to two months;
vacancies selected for filling through a competition;
holding a paid elective position;
conscripts of alternative civil service;
women raising children under 1.5 years of age and pregnant employees;
graduates who are employed for the first time in their specialty within one year from the date of receipt of the diploma (for educational institutions with state accreditation), students who completed an apprenticeship at the same enterprise;
minors (under 18 years of age);
persons transferred from another employer.

employed for 2-6 months – 2 weeks;
managers, their deputies, chief accountants – six months;
civil servants - from a month to six months or up to a year (Article 27 of Federal Law No. 79-FZ of July 27, 2004);
other cases – 3 months.

Registration of a work book

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

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

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

Leave and compensation

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

Compensation for unused vacation also are accrued as usual, however, here you need to remember that if you are employed for less than 15 days, it is still valid Article 35 of the Rules of the People's Commissariat of the USSR on regular and additional leaves No. 169 of 04/30/1930“When calculating... surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to the full month.”

Maternity leave for female employees are provided as usual(). But its duration does not depend on the registration method; the employee will simply be dismissed on the last day of maternity leave.

But maternity leave until the child is one and a half years old are provided only for the duration of the contract ().

You can download a sample fixed-term employment contract.

"Pros and cons"

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

And then, life goes on and circumstances can change: for example, You will establish yourself as a particularly valuable employee and you will be offered another position in the structure of the same enterprise; at the end of maternity leave, the employee will go on her next maternity leave, or change her job to the one she considers most suitable.

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

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

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

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

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

Passed stage

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

Let's consider typical cases:

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

Each person has the right to independently decide what is more important to him, stability or constant change of activities and impressions. But no matter what you choose, it is important to remember the “rules of the game” and to be protected by the law. We hope our article helped you better understand one of the issues of labor relations.

Useful video

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