Document form " Approximate form fixed-term employment contract" refers to the heading "Employment contract, employment contract." Save the link to the document in in social networks or download it to your computer.
Urgent employment contract
__________________________ "__" _____________200__g.
(name of place of detention
agreement)
TIN ____________________,
(full name of the enterprise indicating the organizational and legal
Registered
(name of the registering authority, date, number of the registration decision)
represented by _______________________________________, acting on the basis
(position, full name)
Referred to as
(name of document confirming authority)
hereinafter "Employer", on the one hand, and __________________________,
(full full name)
passport series ________, N ________, issued ________________________________
(name of the authority that issued
passport, date of issue)
year, subdivision code __________, registered at the place
residence at the address: ___________________, hereinafter referred to as
"Employee", have entered into this agreement as follows:
1. This employment contract regulates labor and other relations
between the Employer and the Employee.
2. Work under this employment contract is the main place
Work of the Employee (Part-time work).
3. The employee is hired as _______________________
(indicate position, profession, qualification)
4. An employee at the enterprise reports directly to ____________.
(indicate the position of the immediate supervisor)
5. The employee undertakes:
Conscientiously carry out your job duties, orders and
orders of your manager;
Submit to the inner labor regulations enterprises;
Treat the property of the enterprise with care;
Correctly and for the intended purpose use what was given to him for work
equipment, instruments, materials, etc.
6. The following equipment is assigned to the Employee: ______________
7. The Employer undertakes to provide the Employee with work
(materials, equipment, task, etc.) in accordance with his
specialty and qualifications. Downtime is not the fault of the Employee, if
he warned the Employer (_________________) about the beginning of the downtime,
paid at the rate of not less than two thirds tariff rate
the category established for the Employee.
8. The Employer undertakes to create safe conditions for the Employee
9. The employee is given a probationary period of ___________________.
10. Location permanent job The employee is ____________________
________________________________________________________________________.
(indicate the location of the enterprise, workshop, department, etc.)
11. An employee may be sent on business trips with pay in
in accordance with the current procedure.
12. The Employer undertakes to pay the Employee wages in
in the amount of ___________________________________________________ rubles per month
(in numbers and in words) (or other terms of remuneration - from production,
by hour, etc.).
13. The employee is also provided with:
Supplement in the amount of ____________ rubles monthly;
Prize in the amount of ____________ rub. monthly (quarterly) with
condition ________________________________________________________________;
Remuneration based on annual work results in the amount of _________ rubles
given that ____________________________________________________________.
14. Wage paid no later than the ________ date of each
15. Option A. _______ hourly working hours are established for the Employee
day from ________ to ________ hours.
Option B. The employee is provided with flexible working hours,
at which the beginning, end and duration of working hours
regulated by him independently with the condition that ________ hours are fully worked out
per week (month).
16. The employee works _______ shift. Shift work order
established by the enterprise shift schedule.
17. An employee may be involved in overtime work in order,
provided for by current legislation.
18. The employee is given a _______-day work week With _____
weekends _________________.
19. Work on weekends and holidays produced according to
agreement between the parties and payment _________ or provision
20. The employee is granted annual basic leave
duration __________ calendar days with payment of compensation in
in the amount of _______________ rub.
21. The employee is provided additional leave
lasting ____________ calendar days for ________________.
(indicate reasons)
22. Vacation is granted in accordance with the vacation schedule for
enterprise.
23. Annual leave for the first year of work is provided for
after 6 months from the date of conclusion of the contract.
24. With the consent of the Employer, the Employee may be granted leave
without maintaining wages, if this does not affect the normal
work of the enterprise.
25. This employment contract is fixed-term: until __________20__,
those. concluded with the Employee to replace a temporarily absent person
an employee who, in accordance with the law, retains his place of work
(depending on the specific situation, please indicate otherwise
the appropriate basis for concluding a fixed-term employment contract from among
given (named) in the text of Art. 59 of the Labor Code of the Russian Federation).
Option. This contract is concluded for the duration of the work
_________________________________________________________________________
26. If, after the expiration of the employment contract, the employment relationship
actually continue and neither side has demanded them
termination, then the contract is considered to be continued for
indefinite term.
27. The contract may be terminated or terminated in the manner and according to
on the grounds provided for by current legislation. Dismissal without
on a legal basis entails the reinstatement of the Employee to his previous
work with payment of wages for the period of forced absence, but
no more than three months.
28. The Employee is fully covered by benefits and guarantees,
established for employees of this enterprise(organizations)
current legislation, industry regulations And
collective agreement.
29. The employee is subject to social and medical insurance in
in the manner and under the conditions established by the current legislation of the Russian Federation.
30. Damage caused by the Employee to the enterprise is subject to compensation in
in accordance with current legislation.
31. Damage caused to the Employee by injury or other damage
health related to the performance of his work duties,
subject to reimbursement in accordance with current legislation.
32. The Employee’s salary is subject to indexation in accordance with
legislation of the Russian Federation.
33. Disputes and disagreements that may arise during execution
terms of this employment contract, the parties will strive
resolve amicably by mutual agreement. If not achieved
mutually acceptable solution - the dispute can be referred for resolution to
in the manner prescribed by labor legislation Russian Federation.
34. This employment contract during its validity period may be
amended or supplemented by the parties thereto.
In this case, all these changes and additions will have legal
force only in cases of their written form and signing by the parties in
as an integral part of this employment contract.
35. For all issues that have not found a solution in the conditions
(provisions) of this employment contract, but directly or indirectly
arising from the relationship between the Employer and the Employee in relation to it from the point of view
the need to protect their property and moral rights and interests,
protected by law, the parties to this employment contract will
be guided by the provisions of the Labor Code of the Russian Federation and other relevant
mandatory regulations of the Russian Federation.
36. This employment contract has been drawn up and signed in two
copies and is kept one by each of the parties, and both
copies have equal legal force.
Signatures of the parties to the employment contract
Employee Employer
________________________________ ________________________________
________________________________ ________________________________
Employee Employer
Note:
The employee must receive a copy of the employment contract
be confirmed by the employee’s signature on a copy of the employment contract,
stored by the employer (Article 67 of the Labor Code of the Russian Federation).
I received a copy of the employment contract
"_____"____________________200____
_________________ _____________________________
(signature) (Last name, initials of the Employee)
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Employers in need of hired personnel do not always want to hire people on a permanent basis. The law allows in certain situations to conclude a fixed-term employment contract with an employee, which will be valid only for a strictly defined time period. This type of relationship is formalized taking into account important legislative nuances.
The epithet “urgent”, usually associated with fast speed, in the name of this contract comes from the word “term”, that is, a set period of time.
This definition expresses the difference between such relationships and standard ones, which are built on an indefinite period of cooperation.
When concluding an indefinite or regular one, it specifies the 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. The maximum period of validity of a fixed-term contract is 5 years. If you specify a larger period, such a contract will turn into an open-ended one.
For the validity of the time limit, the contract should reflect its scope:
- designate a specific date for termination of the relationship (within a five-year limit);
- cite an event the occurrence of which authorizes termination of the employment contract.
Attention! If one of these conditions is not present, the contract legally turns into an ordinary one - with an indefinite duration. The law does not provide for a minimum period for concluding an employment contract.
Final date
In the first case, even the date specified in the contract does not mean automatic dismissal: the employer is required by law to inform the employee about the upcoming separation three days in advance, and in writing. Otherwise, the expiration of the contract will not be grounds for dismissal, and if it does occur, the employee will be able to challenge it.
Without warning the employee, the employer seems to agree with the extension of the fixed-term contract for an indefinite period, that is, its reclassification into an open-ended one - this is how it interprets this situation Labor Code.
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 are hired for a specific task to at the right time;
- 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 more weak side.
International convention Labor (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:
- The nature of the work and the circumstances of the formalization of the relationship determine its strictly limited period.
- The duration of the contract is limited by agreement between the employee and the employer, unless this is in conflict with the law.
Fixed-term contracts based on the nature of work
The procedure for their conclusion is justified in Part 1 of Art. 59 Labor Code of the Russian Federation.
Circumstances that are essential for concluding a fixed-term employment contract instead of an open-ended one may be the following:
- full-time employee cannot temporarily perform his duties, while 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 specific task or type of work;
- registration for internship. Advanced training, additional vocational training and so on.;
- work due to election for a certain term;
- public Works.
Attention! Federal legislation did not close this list, providing for other possible cases, which 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're talking about on 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 the consequences 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 is a violation of his rights (clause 14 of the Resolution of the Plenum of the Supreme Court 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 labor function (according to staffing table);
- the date from which the employee starts work;
- labor remuneration;
- work and rest schedules, including vacations;
- order and sizes 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 dismissal temporary employee.
If, when drawing up a fixed-term contract, all mandatory conditions are not included in it, this qualifies as an offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, for which a fine is provided.
Additional terms of the employment contract
They can be included in the employment contract at the initiative of the employer (Part 4 of Article 57 of the Labor Code of the Russian Federation). The main thing is that they do not worsen the employee’s position in comparison with the requirements of the Labor Code of the Russian Federation; for example, monetary fines cannot be imposed for being late. Additional conditions, as a rule, clarify the rights and obligations of the employee and the circumstances of his dismissal.
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Important! If the work involves maintaining secrets protected by law, this should also be specified in additional conditions.
Procedure for concluding a fixed-term contract
The contract is drawn up in free form. You need 2 copies of this document - for each party. On the “employer” contract, the employee needs to sign that he has been given 2 copies of the contract: insurance in case the employee loses his copy, as well as against interest labor inspection. 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:
- 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.
- 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:
- A specific date for completion of cooperation is given. Three days before its onset, the employee must receive written notice about termination of a fixed-term employment contract and sign for familiarization.
- 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).
- 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.
- Early termination can be initiated by both the employer and the employee. In this case they apply normal rules, used for open-ended contracts. 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).
An urgent TD, concluded in the absence of sufficient grounds identified in court, can be qualified by a judicial authority as unlimited 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:
- 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, 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.
- 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).
- Urgent TD signed with the manager structural unit 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).
- An urgent TD was concluded under duress (paragraph 3, clause 13 of resolution No. 2). Usually the court interprets the very fact of a person signing an agreement as its voluntary conclusion (for example, the ruling of the Supreme Court of the Republic of Tatarstan dated December 1, 2014 in case No. 33-16227/2014). In the situation under consideration, witness testimony can be cited as evidence of forced signing of the TD (see the ruling of the Voronezh Regional Court dated January 25, 2011 No. 33-340).
Concluding a fixed-term employment contract: determining the term
The longest period for which such an agreement can be concluded, according to general principle is 5 years (Article 58 of the Labor Code of the Russian Federation).
The expiration of an urgent TD is tied to a specific date or the occurrence of certain circumstances. Thus, if an urgent TD was concluded to perform work, the exact completion date of which cannot be established, the contract will be considered to have ended upon completion of such work.
Another option is when an urgent TD is signed with an employee accepted into the staff of an organization created for a predetermined period or to achieve an established goal. In this situation, termination of an urgent TD is possible only in the event of the actual termination of the organization’s activities without the transfer of its rights and obligations through succession (clause 14 of Resolution No. 2).
Important! Identification of the fact of multiple conclusion of urgent TDs for 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 the norms 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.
Since we are talking about an individual employer, in standard sample The employment contract of an individual entrepreneur with an employee must include his full data:
information about the identity document;
details of the certificate of registration as individual entrepreneur;
location address.
If the contract is not concluded by the entrepreneur himself, but by an employee hired for this purpose or an otherwise authorized person, his data is also indicated in the document.
Place and working conditions
The form of the employment contract between the individual entrepreneur and the employee must contain a section describing the place of work and the requirements for its implementation. Lawyers recommend that you write down everything in detail job responsibilities employee. But we can limit ourselves to the phrase that before the conclusion of the contract, the employee was familiarized with the signature job descriptions, further reflecting this fact in the agreement itself.
As for the section on the place of employment, the wording “Place of work: IP Ivanova A.A., registered at Moscow, st. Puteyskaya, 3". Or you can register the specific address of the production or store where the person will work. The fact is that labor legislation separates the concept of “place of work” and “ workplace"(Article 209 of the Labor Code of the Russian Federation). The first is a mandatory condition of the agreement, and the second is an additional one that can be dispensed with. At the same time, we must remember that if you indicate a specific address of a production or store, and later it changes, additional agreements will have to be concluded for all contracts.
In accordance with stat. 58 of the Labor Code, a fixed-term employment contract is a contract that is signed by the parties for a certain period. The maximum period can be 5 years, but if the validity period is not specified in the conditions, such an agreement is recognized as ordinary, unlimited. The personnel registration of a temporary employment contract, sample at the end of the article, differs in some nuances. Let’s figure out the order in which the STD is filled out and how to correctly determine its deadline.
According to the norms of the labor legislation of the Russian Federation, an employer may not hire an employee for a certain period of time in all situations, but only if there are grounds provided for in the Labor Code. In stat. 59 lists cases of concluding STD. Moreover, the first part of this article contains a list of situations in which the employer is obliged to hire a specialist for a certain period of time, and the second part describes cases of concluding a TD by mutual agreement of the parties.
In particular, hiring an employee on the basis of a fixed-term contract is mandatory when hiring temporary specialists during the absence of permanent ones, who retain their place of employment. In addition, the conclusion of the STD is mandatory when recruiting interns or interns to the staff; employees to perform a certain amount of work; persons traveling abroad, etc. By mutual agreement, a temporary contract can be concluded with old-age pensioners, part-time workers, managers of enterprises, full-time employees and other categories of persons according to the statute. 59.
Due to the fact that a fixed-term contract is signed not as an ordinary one, but for a specifically established period, special requirements are imposed on its termination. According to stat. 79 termination of the STD occurs at the moment of its expiration. In this case, the employer is obliged to notify the employee (necessarily in writing) 3 days in advance. calendar days about the upcoming completion of the contract. If none of the participants declares termination, the contract will be considered concluded for an indefinite period (Article 58). Some types of STD operate in a special order.
Moment of termination of a fixed-term contract:
- For contracts concluded to replace a temporarily absent employee, the STD expires when the main specialist returns to work.
- For contracts concluded for a specific period (season), termination occurs at the end of the period (season).
- For contracts concluded for the purpose of performing a certain amount of work, termination of the relationship occurs upon completion of these works.
How to determine the term of a fixed-term employment contract
When drawing up employment contracts, the documents should specify the mandatory conditions in accordance with stat. 57 TK. Regular TDs do not specify a validity period. However, in urgent TD this clause is necessary. Moreover, if the exact period of validity is not specified, such an agreement is considered signed for an indefinite period (Article 58). Let's figure out how to indicate a specific period - a sample of a fixed-term employment contract with an employee for 2018 is below.
The clause on the term of the STD must be given in relation to exact dates or the moment of occurrence of a certain event. In the first case, it is necessary to indicate the start and end dates of the contract; in the second, it is stipulated that the expiration of the period will occur after the occurrence of the reason for urgency.
For example, if an employee is hired for a certain season, you can cite exact dates the beginning and end of the period. And when hiring a specialist to replace an employee going on maternity leave, provide the wording: “The contract was concluded for the duration of (full name of the permanent employee) actually being on maternity leave and terminates when (full name of the permanent employee) returns to work.”
In addition to the validity period, there is one more prerequisite The STD is the basis for its signing. Such a clause will help protect the employer from claims from regulatory authorities and justify the conclusion of a fixed-term contract rather than a regular one. It is better to give the reason and basis for hiring a conscript with reference to the relevant statutory norm. 59. When performing work, it is additionally necessary to clarify the procedure for accepting such work.
Note! If the STD was initially signed for one term, but in the future there will be a need to change its end, it is recommended to draw up an additional agreement. At the same time, an order is generated to change the term of the employment contract - a sample contract can be developed based on the provisions of the Government of the Russian Federation No. 858 of 08.27.16.
General procedure for filling out a fixed-term employment contract
Each employer has the right to use its own TD form, including fixed-term contracts, approved by the LNA. The form of a standard agreement for employers classified as microenterprises according to the criteria of small enterprises is given in the above-mentioned Resolution. In accordance with stat. 57 Labor Code any contract concluded with personnel must display the following details:
- Name of the employing company and full name of the employee.
- Data on the identity (status) documents of the parties.
- Date and address of signing the TD.
- Information about the document giving the employer's representative the right to sign the agreement.
- Conditions regarding place of employment, nature of work, labor responsibilities, schedule and mode of work and rest, payment procedure, probationary period and etc.
- Labor benefits, compensation and/or guarantees provided in accordance with the Labor Code of the Russian Federation.
- Other conditions under federal legislation and the LNA of the employer enterprise.
- The duration of the contract and the basis for its conclusion are relevant for STD.
- Signatures of the parties.
Fixed-term employment contract with a pensioner - sample
One example of an STD is an agreement with an old-age pensioner. In such a contract it is necessary to provide a justification - Part 2 of Art. 59, as well as the validity period. Upon conclusion, both parties must agree to the temporary nature of the work. This means that both the employer and the employee should not object to the device for a certain period of time.
The supporting document is the pensioner’s ID; the signatures of the parties indicate that the conclusion of the STD is carried out on a voluntary basis. How to specify a deadline? Since pensioners are a separate category of individuals, you can give the maximum possible period of 5 years or specify a shorter period after agreement of the parties. However, if a longer period is entered (from 5 years), the contract is considered signed for an indefinite period. The conclusion of a regular TD is also not prohibited by the Labor Code.
Fixed-term employment contract with a minor - sample
How to sign an employment contract with an individual who has not reached the age of majority, that is, under 18 years of age? The work of minor workers is enshrined in legislation, but has legal restrictions based on age (Article 63 of the Labor Code). Before hiring, such persons are required to undergo a medical examination (Article 266). It is allowed to employ those minor workers who have no identified health restrictions.
Due to the fact that such employees are often hired for a limited time, it is possible to enter into STD with them for a certain period, for example, during the holidays. The basic rules are an indication of the exact validity period, without general formulations, as well as the reasons and justification for such registration of personnel. For example, you can add a clause about performing a certain amount of work, etc. The expiration of the contract will be considered the moment the work is completed.
Fixed-term employment contract - sample for 2018
We figured out when, who and how can enter into fixed-term employment contracts. In order to comply with all the requirements of labor legislation, when accepting conscripts, personnel officers need to carefully monitor the reasons for signing temporary rather than permanent contracts. A detailed reflection of labor conditions and the mechanism for accepting work will help avoid possible labor conflicts. For your convenience, we provide a sample STD, in which it is enough to change your personal details to fill out the form.
You can download a sample fixed-term employment contract for 2018 here:
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