Classification of employment contracts by type. What types of employment contracts exist by duration?

(Article 37 of the Constitution of the Russian Federation) is implemented through an employment contract.

Note:

Foreign citizens who arrived in the Russian Federation in a manner that does not require a visa and who have reached the age of 18 are involved in labor activities if they have a patent issued in accordance with Art. 13.3 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”.

1. 1. For undefined period;
   2. for a certain period of not more than five years (fixed-term employment contract), unless a different period is established by this Code and other federal laws.

Fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions of its implementation.

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

In the event that neither party has requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period.

An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and rights provided for employees with whom an employment contract is concluded for an indefinite period.

A fixed-term employment contract is concluded:

• for the duration of the duties of an absent employee, whose place of work is retained in accordance with the law;
• for the duration of temporary (up to two months) work;
• to perform seasonal work;
• with persons sent to work abroad;
• with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
• by agreement of the parties in other cases provided for by the Labor Code of the Russian Federation or other federal laws (Article 59 of the Labor Code of the Russian Federation).

Any employment inevitably involves the preparation of certain documents. Of these, the most important at the legislative level is the employment contract. Knowledge of the intricacies of the design of this document and in general types of employment contracts helps prevent unwanted situations at work and becomes a way to avoid litigation. Therefore, let us dwell on this issue in more detail.

Employment contract: concept, parties, types, content

Concept

Any employment contract is a written agreement between the employer and the employee, according to which the manager, on behalf of the organization:

• provides the future employee with specific work in accordance with his profession;
• provides all conditions in accordance with the Labor Code of the Russian Federation, labor legislation and internal rules of the organization itself.

Parties

Traditionally concept of party and types of employment contract is based on the indication of 2 categories of participants in labor relations:

1. employer;
2. hired employee.

The law prohibits unreasonably refusing to issue a work contract.

Types of work

Basics concept and types of employment contract with appropriate explanations are given in the Labor Code of the Russian Federation.

The law clearly identifies possible types and nature of work in the employment contract:

• main work activity;
• seasonal work;
• part-time job;
• performing work for an individual (employee work for personal needs - cook, housekeeper, etc.);
• temporary work (for a period of up to 2 months);
• home work (the contract specifies the types of tools, materials, as well as the person who purchases them);
• contract labor relations in the state or municipal service, as well as with military personnel (regulated by separate laws).

In practice, the largest number types of employment contracts is concluded specifically with legal entities. Such an employee usually works on a permanent basis for a specific employer. He has set boundaries for his working hours. His work record book is also kept here.

Part-time job

In a part-time job, a person performs his job duties outside of his main activity. But also with the execution of an employment contract. It makes a note that there is a part-time job. This type of work is divided into:

1. internal part-time work (within one main organization);
2. external part-time job (with a third party organization).

Combining means adding responsibilities at another job. In the first case, the combination takes place at the main employer and during the same working hours. In this case, in addition to the contract, a written agreement is concluded.

The signing of part-time contracts is not limited to a specific number of employers. The exceptions are:

• sports workers (can become part-time workers only with the written approval of the main employer);
• dangerous and hard work (the law prohibits part-time work).

By urgency

In law types of employment contracts According to their validity periods, they are graded into:

• permanent (indefinite);
• for a clearly defined period (no more than 5 years) - a fixed-term contract.

In particular, if labor relations are not specified in the agreement by the duration of their validity, then such types of employment contracts by duration are considered issued for an indefinite period.

When the parties to the working relationship have not terminated the contract due to the end of its validity period and the employee continues to perform his function, such relations are considered to be formalized for an indefinite period for the same reason. employment contract. Concept, sides and types fixed-term labor relations are explained in detail in Articles 58 and 59 of the Labor Code of the Russian Federation.

Fixed-term contracts like types of contracts with employees, concluded for a specific period, draw up:

• for the duration of the functions of the absent employee;
• for the period of performance of temporary duties (for 2 months);
• for seasonal work, if due to natural conditions it is impossible to perform it in another season (it is necessary to indicate a specific item, which is established in a special list - snow removal, peat development, etc.);
• with specialists who will perform their tasks abroad.

Termination of a fixed-term contract occurs after the expiration date of its validity. However, the employee must be reminded of this in writing 3 days in advance.

Some urgent types of contracts in labor law combined into a separate group - “by agreement of the parties”. These contracts are concluded:

1. with age pensioners and other persons with a medical certificate for temporary work;
2. for carrying out urgent work in case of disasters, epidemics, breakdowns, accidents;
3. with citizens selected by competition to work in a certain position (for example, scientists);
4. with employees of the media, theaters, circuses;
5. with managers, their deputies, chief accountants;
6. with full-time students of colleges and universities;
7. with employees of organizations located in the Far North;
8. when working part-time;
9. in other cases recorded in the Labor Code of the Russian Federation.

Special types

The Labor Code also lists specific types of employment contract. Briefly their list can be presented as follows:

• to work in organizations created to resolve certain issues and/or for a specific period (for example, a candidate’s headquarters created for the period of an election campaign; the temporary nature is reflected in the charter, and the contract is terminated when the organization is closed);
• during internship or professional training;
• temporary or public work from employment centers;
• with persons performing alternative civilian service.

Any types of employment contracts of the Labor Code of the Russian Federation obliges to provide a list of rights and obligations of both the employee and the employer. Including those that the parties additionally agreed upon and decided to include in the document.

According to test

According to test availability types of employment contracts according to the Labor Code of the Russian Federation can be as follows:

1. with a probationary period (to check the person’s compliance with the assigned duties);
2. without testing.

Keep in mind: The test period does not include days of temporary incapacity for work.

When the probationary period has expired and the employee continues to work, the test is considered passed. And subsequent termination of the contract will be possible only on general grounds. In turn, an unsatisfactory test result followed by termination of the contract does not entail payment of severance pay.

The test is not established:

• employees elected to positions through competitive selection;
• candidates for vacancies under 18 years of age;
• future employees invited to a position through a transfer procedure from another employer in agreement with management;
• pregnant women;
• young specialists in their field;
• when signing a contract for a period of up to 2 months.

Everything main types of employment contracts drawn up with the inclusion of a number of conditions:

• places of work;
• labor responsibilities;
• start dates;
• the size of the salary and the terms of its payment;
• work schedule;
• due compensation;
• the nature of the work (with business trips, visits to branches, etc.);
• social package notes.

Additional conditions may be included in the contract:

• clarification of the place of work (indication of the department);
• tests;
• on maintaining secrets (official, commercial);
• about work after study, paid for by the employer;
• terms of additional insurance;
• social support for the employee and his family.

Points defining types and contents of an employment contract Be sure to add personal information:

1. FULL NAME. employee and employer name;
2. passport data, on the one hand, and information about the employer’s representative, on the other;
3. TIN, KPP, OGRN;
4. place and date of signing.

Conclusion procedure

Ideally, an employee should begin work on the date fixed in the contract, regardless of type of employment contract. The procedure for concluding an employment contract in this case it is also not of fundamental importance.

If the employment contract does not indicate the date of taking up the position, then the employee must begin to perform his functions on the next day after it takes effect. And if a specialist is not in place on the start date of work, the employer has the right to cancel an already signed contract. Then he is considered not a prisoner.

The law stipulates the general age for starting work – 16 years of age. However, the upper possible limit for registering an employment relationship has not been established. Only the set of powers for which the maximum age is important (for example, civil service) is limited.

When receiving basic general education without interruption, adolescents can also enter into a contract upon reaching 15 years of age to perform light labor that cannot cause harm to health.

With the written approval of the parent (guardian), employment relationships can also be formalized with students under 14 years of age during their free time from school.

Contract form

Any for today types of employment contracts have a written form. Two copies are signed by each party. One is left with the employer, the other with the employee. The latter confirms the fact of receiving his copy with a personal signature on the employer’s copy.

An agreement that is not recorded in writing is considered by law to be actually executed if the employee began work on behalf of the employer. Then the organization must draw up this document in the proper form: no later than 3 days from the date of admission to perform duties.

Employment contracts after official signing are:

• the legal fact of fixing labor relations between the parties;
• a guarantor confirming the legitimacy of possible future claims of the parties to each other.

With workers, it depends on the nature and importance of the task being performed. If disputes arise between an employee and a manager, this document will certainly be in demand.

Employment contract: differences from civil law

The employee and the manager regulate labor relations on the basis of legislative acts and other legal documents, while the execution of the employment contract is not left aside. The employment relationship is not valid without the conclusion of contractual obligations.

The contract specifies what work the employee must perform, and the conditions for performing the job function must be provided for special conditions. Contractual obligations also include extracts from collective obligations, local acts and agreements, which, in turn, set out norms from labor legislation, the amount of the established salary, as well as the regulations of the enterprise.

The labor obligation in some way relates to civil law, since it sets out all the information regarding the work being performed.

Several differences between a labor and civil law document:

1. The employee works on the basis of the qualification assigned to him under an agreement concluded with the employer, and under another agreement he fulfills his duties until the desired result is achieved, for example, until the completion of construction of the facility.
2. The employee only performs the work himself according to the employment agreement.
3. The employee’s duties are subject to internal work regulations, in accordance with the labor obligation, and if violations occur, such circumstances are punished disciplinary or administratively. Failure to comply with the requirements of another agreement leads to civil liability before the law.
4. The conditions for the performance of labor duties are established by the employer.
5. The remuneration is paid according to a civil law agreement, and the salary is calculated according to the labor agreement.

Why do you need an employment contract?

Based on the requirements of legislative documents, it is recommended to consider the contract from three aspects simultaneously:

• characterizes the relationship between employer and employee, that is, the document contains reference norms to articles from the Labor Code of the Russian Federation and other regulatory documents;
• after signing the document, the citizen automatically becomes an employee of this organization;
• from the legal side, legal relations and obligations between the parties are established.

These are characteristic features of an employment contract; relationships are regulated with their help. Contractual obligations are bilateral.

An employee is a citizen who has reached the age of 16, but there are also cases when an agreement is concluded with 15-year-olds, this is permitted at the legislative level. It is possible to enter into contracts with persons who have reached the age of 14, subject to the provision of light labor and consent from their parents or their representatives. It is worth noting that there is no upper age limit for concluding a work contract; the main thing is that the employee meets all the criteria, that is, has passed a medical examination.

The employer is an individual, it can be a private entrepreneur or a legal entity or even a government organizational structure.

The agreement is considered valid once signed by both parties.

Main points of the employment agreement

What is the employment contract about: main points

To correctly draw up an employment contract, you need to know some nuances, including what information to include:

• the full initials and surname of the employee, as well as full information about the organization with which the employment contract was concluded;
• name and data from documents according to which the identity of the future employee is established. This could be a passport or military ID;
• number of the power of attorney of the representative from the employer who is given the opportunity to sign the contract;
• place of conclusion and date of conclusion of the contract;
• indicate the place where the work activity will be carried out;
• full name of the position in accordance with, including profession and type of work;
• establishing the start date of the employment contract;
• what kind of remuneration is provided (amount of payment, compensation and allowances);
• regulated lunch and break breaks;
• guarantees from the employer that the employee will be socially insured;
• other conditions stipulated by the contract;
• when conducting training at the expense of the enterprise, it is necessary to indicate the period of work;
• what conditions of financial support are provided, for example, pensions and insurance;
• what responsibilities of an employee exist based on the requirements of local regulations of the enterprise.

If it is necessary to enter additional information, as well as if some conditions in the contract are changed, it is necessary to draw up an additional agreement. The conditions specified in the latest document must not contradict the requirements of the law.

For example, these could be:

• information specifying the employee’s place of work;
• what probationary period is provided;
• on the inadmissibility of disclosing information.

Types of contracts depending on validity period

There are several nuances that are used when drawing up a contract. Based on the duration, there are employment contracts of the following nature:

1. Indefinitely. If there is no validity period in the contract, this means that the document is valid for an indefinite period. That is, if you need to terminate the relationship, then you should do everything in the prescribed manner in accordance with the law.
2. agreements. They are concluded for a period not exceeding five years, and it may be concluded specifically for the performance of the type of work specified in the document.

You also need to know that the document must indicate the duration of time for which the contract must be concluded, and also state the reasons on the basis of which it is not allowed to conclude a fixed-term contract. The list of these reasons is fixed at the legislative level and can be adjusted and expanded.

Based on what criteria a permanent contract cannot be concluded, the decision remains with the employer.

When agreeing on a bilateral contract, the employer's representative does not have the right not to hire an employee who does not sign open-ended contractual obligations, unless this is related to professional achievements.

The extension of a fixed-term agreement is achieved by agreement of the parties, but again for a period not exceeding 5 years. Termination is carried out from the moment of notification to the employee within 3 days. If the employee continues to work, then such contractual relationships automatically become permanent.

About fixed-term contracts

When do you need a fixed-term employment contract?

Fixed-term contracts are drawn up in the following cases:

1. The duration must initially be discussed and established. For example, persons involved in parliamentary activities, heads of university departments or governors fall into this category.
2. Contractual relationships are also established for a relatively specific period. The organization determines the scope of work that needs to be performed on the basis of this agreement.
3. Conditionally fixed-term contractual relationships are concluded with those persons who will occupy the position of a temporarily absent employee. For example, a specialist is in and there is a need to hire another employee for his position.

The reasons for concluding these types of contracts are regulated by labor legislation.

Some examples of concluding fixed-term contractual relationships:

• for the period of seasonal or temporary work;
• if the work is planned outside the Russian Federation;
• when work goes beyond daily activities;
• when carrying out work to eliminate the consequences of the situation resulting from unforeseen circumstances;
• with citizens with whom temporary relationships have been established, these include pensioners;
• if work is carried out in the Northern regions;
• with creative professionals;
• with crew representatives;
• with students in higher and secondary educational institutions;
• when working part-time;
• in other cases.

Varieties depending on the nature of contractual obligations

The nature of the contractual relationship is divided as follows:

1. The contract is on a permanent basis. The conclusion of such a relationship assumes that the employee works for this employer, in accordance with the established work regulations. In this case, the work book is kept by the employer.
2. By . The employee performs the work assigned to him regularly, and the completion takes time free from his main activity. Contractual relations can be concluded both with a third-party employer and with the one with whom the main contract was concluded. The conclusion of such agreements is possible with any number of enterprises. But there are some exceptions, for example, a sports coach can only enter into this agreement with his employer.
3. Temporary job. This is when the work is not permanent and the duration of its execution does not exceed 2 months. For example, a designer is hired to prepare a design project before the work is completed. If this work assumes a permanent position, then hiring a temporary job will not be considered legal.
4. Performing seasonal work. The contractual obligations state that the work is seasonal in nature, namely, the performance of these functions is relevant only during the season. This could be harvesting crops or snow.
5. Agreement with the direct employer. It occurs if it is necessary to have cooks, teachers or secretaries on staff. An open-ended or temporary contract is drawn up in writing with mandatory registration with self-government bodies.
6. Contractual obligations with persons engaged in work from home. The document must clearly state what materials will be used for the work, including who will purchase them. It can also be stated here that family members can also take part in this work.

It is unacceptable to enter into such agreements with:

• minor teenagers;
• if the part-time work provided is directly related to dangers and harmful conditions.

Contractual relations depending on the size of the task performed

Employment contracts are divided according to the size of the task performed

Contracts are divided based on the size of the task being performed:

1. Main place of work. An employee carries out production activities while being in one place, that is, he does everything that is specified in the contract.
2. At the same time. Such rules for concluding contractual relations apply when an employee performs production tasks in addition to his main job, but it is stipulated that the time allocated for this work is no more than 4 hours daily.

Activities carried out part-time by agreement of the parties differ significantly from, including increasing the range of services and increasing the volume of work. That is, if it is necessary to combine professions, then the work is added, and if the service area increases, then the load on the employee during the shift is added.

Part-time work activities are carried out at one place and require the same time of work; registration requires a written agreement from the employee to the main contract.

Employment contracts depending on the type of employer

Contractual relations are also divided according to the type of employer representatives:

1. Legal entity. This is an agreement with an organization or enterprise to perform the tasks set out in the document. Such agreements are the most common.
2. Individual. Labor relations are established with a private entrepreneur or his representative. At the legislative level, it is required that an entrepreneur be at least 18 years old. He is also required to fill out and pay contributions to the pension and insurance funds.

You can enter into fixed-term contracts, but the number of employees in the company should not exceed the established criteria. If the labor of a mercenary is used for personal interest, then the document must be registered with the authorities at the place of registration.

How contracts are divided depending on working conditions

Employment contracts depending on working conditions

The division of labor relations is carried out as follows:

• production activities are carried out under normal conditions of the labor process, that is, during work, the employee is not exposed to factors harmful to health;
• work at night (this time period includes the range from 22.00 to 6.00, but it should be taken into account that women cannot be involved in such work while they are expecting a baby and teenagers);
• labor activity (these conditions are indicated in the SOUT card, and when drawing up an employment agreement, it is required to indicate the duration of work, vacation, as well as the frequency of medical examinations);
• harsh climate (such obligations are concluded with citizens who plan their activities in conditions of low or high temperatures, including on a rotational basis; the function performed can be either permanent or temporary).

The nuances of concluding a fixed-term employment contract are discussed in the following video:

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What are the types of employment contracts?

When hiring an employee for any period, even for several months or weeks, it is necessary to conclude an employment contract with him - a fundamental agreement that establishes the rights and obligations of the parties. In order to register employment without errors under any circumstances, you need to know the types of employment contracts and their features.

Labor legislation establishes only two types of employment contracts:

1. Fixed-term contracts.
2. Contracts that are concluded for an indefinite period.

Meanwhile, employment contracts have differences in other characteristics, the main ones of which we will talk about. Let us briefly consider the main types of employment contracts, using for classification purposes four additional criteria.

Criterion 1. Legal status of the employee. The terms of the contract are affected by whether the hired employee belongs to a category for which the Labor Code provides for special employment conditions.

These include:

• old age pensioners;
• Foreigners;
• persons with family responsibilities;
• minors etc.

→ Experts from the magazine “Personnel Business” will tell you

Criterion 2. The category to which the employer belongs. An individual entrepreneur, a legal entity or an individual without entrepreneurial status can enter into labor relations as an employer. These parameters are specified in the document details.

Criterion 3. Nature of labor relations. In addition to the main employment at the employer’s location, the employment relationship may be of a different nature, which must be reflected in the terms of the contract:

• at the same time;
• at the main place of work.

Criterion 4. Duration of the contract. Indicated as one of the conditions if there are legitimate reasons for limiting the duration of the employment relationship.

How are the types of employment contracts distinguished by duration?

A fixed-term contract is concluded in two cases:

1. Due to objective circumstances or the nature of the work (Part 1 of Article 59 of the Labor Code of the Russian Federation).
2. By mutual decision of the parties, if such a possibility is provided for by the Labor Code of the Russian Federation (Part 2 of Article 59 of the Labor Code of the Russian Federation).

The validity period of the contract is established if the employee:

• performs seasonal or short-term (up to two months) work;
• performs work that goes beyond the normal activities of the enterprise or is related to the temporary expansion of production;
• performs the duties of a temporarily absent permanent employee;
• goes to work abroad;
• undergoes an internship, practical training, training or alternative civilian service at the enterprise;
• accepted into an organization created for a predetermined period, or to perform a predetermined job;
• sent by the employment service to public or temporary work;
• elected for a certain term to an elected position or to an elected body.

9 situations when a contract is concluded with an employee by agreement of the parties

1. Pensioner by age or part-time worker.
2. Creative worker in the media, theater or theater studio, circus or concert organization, cinema.
3. A person goes to work for an employer who is a small business entity, including an individual entrepreneur, whose staff does not exceed 35 people (in the field of consumer services and trade - 20 people).
4. An employee moves for work to regions of the Far North or equivalent areas .
5. The employee was hired to carry out urgent work to prevent emergencies - accidents, epizootics, epidemics, accidents, man-made and other disasters - or eliminate their consequences.
6. A person gets a job as a manager, deputy manager or chief accountant of an organization of any form of ownership.
7. In parallel with work, the employee receives full-time education.
8. A person is accepted into the crew of river, sea and mixed navigation vessels.
9. The employee is unable to work on a permanent basis due to health reasons.

The minimum duration of a fixed-term contract is not limited; the maximum permissible is 5 years. It is drawn up in the same manner as other types of employment contracts: the Labor Code of the Russian Federation contains only one additional requirement - a condition of urgency indicating a specific reason. And just like all types of employment contracts, 2018 has its pros and cons:

Note! Any contract in which there is no provision for a limited period of validity is considered by law as unlimited.

How certain types of contracts are reclassified in labor law

Changing the type of contract is called requalification. For example, a court can reclassify a civil law contract as an employment agreement, and a fixed-term employment agreement as an open-ended one, if it finds grounds for this.

Reasons for retraining

1. Careless design.
2. Violation of labor laws when concluding a contract.
3. Mutual decision of the parties.

Read more about the legal and financial risks of requalifying GPC agreements in the article “ The difference between an employment contract and a civil law one" The parties can recognize a fixed-term employment relationship as indefinite on a voluntary basis by concluding an agreement.

Additional agreement on requalification of a fixed-term contract

An employment contract is an important document that cannot tolerate negligence. Clearly state the conditions, taking into account the type and duration of the contract, guarantees and benefits provided to the employee, and the specifics of the work assigned. If you hire a temporary or seasonal employee, check the provisions of Article 59 of the Labor Code of the Russian Federation to avoid litigation and retraining.

What types of employment contracts are there with employees? Each type of employment relationship has its own characteristics and, accordingly, its own conditions in the employment contract. We talk about the types and types of employment contracts

Read our article:

Concept and types of employment contracts

According to Russian labor legislation, an employment contract is concluded with all persons hired. It is signed between the employer and the employee before the latter goes to work.

But depending on future working conditions, the content of the contract may differ. Accordingly, the provisions in the contract are prescribed accordingly.

It is impossible not to enter into an agreement with an employee. This would be a violation of labor legislation (Article 56 of the Labor Code of the Russian Federation). The contract is the main document describing the working conditions, rights and responsibilities of the parties.

Like any agreement between the parties, an employment contract must contain mandatory details, such as the name of the employer, INN, KPP, registration address, full name on the employee’s side, passport details and registration address. In addition to the details of the parties, the text must include:

• place of work;
• job title;
• work start date;
• amount of earnings;
• working and rest conditions;
• nature of the work;
• other conditions.

The types of employment contracts in accordance with the Labor Code of the Russian Federation depend precisely on working conditions. So what types of terms of an employment contract does the law distinguish?

1. First of all, of course, there is a difference in the terms for which the contract was signed.
2. The difference is in the nature of the relationship.
3. Depending on the type of employer.
4. Differences in the legal status of the candidate.
5. Depending on the working conditions at the workplace.

Let us note that it is worth distinguishing and not confusing the concepts of an employment contract (hereinafter referred to as TD) and a civil contract. The latter is not a type of TD, but is an independent form of relations between the parties, which does not have a labor function.

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Types of employment contracts by duration

One of the main conditions in the contract is the term. The types of employment contracts according to their duration are:

• unlimited;

If the term of the contract is not specified in its text, then by default it is considered to be concluded for an indefinite period. This type of work is permanent for the employee. And termination of the contract is possible on the grounds described in the Labor Code of the Russian Federation with the exception of clause 2 of Art. 77 of the Labor Code of the Russian Federation (expiration of the contract).

Fixed-term contracts are concluded for a certain period. This period must be described in the text. It can be specified as a specific end date (event) or a period of validity.

In addition to indicating the period itself, it is also necessary to indicate the grounds for its conclusion. After all, a fixed-term contract can only be concluded in certain cases. A detailed list is given in Art. 59 Labor Code of the Russian Federation. The above list of reasons is not exhaustive. A number of other grounds are found in other legislative acts.

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The Code establishes not only the possible grounds for signing a fixed-term contract, but also the terms for which it can be concluded. So the maximum duration of types of employment contracts is 5 years. Whereas the minimum duration is not specified and can start from 1 day.

Types of fixed-term employment contracts

Types of fixed-term employment contracts depend on the deadline for its completion:

• contracts with a specific end date;
• a contract with an end date upon the occurrence of a specified event.

The types of futures contracts directly follow from the reason for their conclusion. As we already wrote above, you cannot sign an urgent TD with any employee. For such an action, the employer must have compelling circumstances. All of them are given in Art. 59 Labor Code of the Russian Federation. This is how they are classified:

• performing the tasks of a temporarily absent employee (if he retains his job). A possible reason could be vacation, sick leave, maternity leave for a young mother, etc.;
• performing tasks that are temporary for the organization (no more than 2 months). Such work may include, for example, repair of a workshop;
• work abroad;
• performing tasks that are not the main activity of the company or work related to a temporary increase in production (no more than 1 year).

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In addition, in a number of cases, a contract may be concluded for a period by agreement of the parties:

• with pensioners by age;
• managers and chief accountants of companies;
• with workers in creative professions, etc.

For example, for seasonal work it is quite possible to determine the completion date of the work. Whereas when replacing an employee who is on sick leave, this is not possible. And then we can talk not about a specific date, but about the occurrence of an event. In our case, this is the recovery of the main employee.

Types of employment contracts by the nature of the relationship

What types of employment contracts are there based on the nature of the relationship?

First of all, it is worth highlighting the work of part-time workers. These are workers whose work is not the main one for this employer. This is work in your free time from your main job. Part-time work can be both external and internal. External involves attracting an employee working for another employer. Whereas internal is the attraction of an employee already working at your enterprise, but in a different capacity.

Data on part-time employment must be reflected in the TD. It is also advisable for such employees to prescribe a work schedule, because most likely it will differ from that established for the bulk of the team.

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By default, contracts are signed with the majority of personnel at their main place of work.

Labor contracts with temporary and seasonal workers will also be one of the types of contracts based on the nature of the relationship. Temporary work assumes that work will be carried out for a certain period or a certain type of work will be performed. An example would be the preparation of a reporting event based on the results of a project.

Whereas seasonal jobs are those that can be performed at certain times of the year. Most often, such work is used in resource extraction (cutting forests, extracting furs, berries, etc.).

Another type of TD is an agreement with homeworkers, that is, personnel performing work without leaving home, without visiting the employer’s office. And doing errands remotely.

And perhaps the last type of contract will be TD with civil servants. The rules for its conclusion are regulated by Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation.”

By type of employer

The types of employment contracts by type of employer are those concluded with:

1. an individual;