Sample of a fixed-term employment contract for temporary work. Fixed-term employment contract: what are its features

Moscow "___" ___________201__

Open Joint Stock Company "_________________________________", hereinafter referred to as the "Employer", represented by the General Director ______________________________, acting on the basis of the Charter, on the one hand, and citizen _______________________, ___ ___________ born in 19__, TIN _______________, passport _____________________, issued ___ ___________ 20___. , ____________ ATC hereinafter referred to as “Employee” on the other hand, have entered into this (hereinafter referred to as the “Agreement”) as follows:

1. Subject of the employment contract
The Employer instructs, and the Employee undertakes to develop (create) the software:__________________________ (hereinafter referred to as the “Product”).
1.2. The Employee undertakes to transfer to the Customer all exclusive rights to use the Product in accordance with the terms of the fixed-term employment contract indefinitely, and the Customer for the creation of the Product and the provision of all exclusive rights to it pays the Employee remuneration in accordance with the terms of this fixed-term employment contract.
1.3. The product must meet the above conditions. The said Product will be used by the Customer at its own discretion.
1.5. In accordance with paragraph 6 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded for a certain period, namely: the start of work is “___” ___________201__, the end of work is “___” ___________201__.

2. Rights and obligations of the parties
Employee Rights
2.1. The employee has the right to:
2.1.1. conclusion, amendment and termination of a fixed-term employment contract in the manner and under the conditions provided for by the legislation of the Russian Federation, by-laws, and local regulations;
2.1.2. providing him with work stipulated by this fixed-term employment contract;
2.1.3. timely and full payment of remuneration for work performed, in accordance with a fixed-term employment contract;
2.1.4. Other rights of the Employee are determined by the legislation of the Russian Federation, by-laws, and local regulations.
2.1.5. Rest provided by the establishment of normal working hours, reduced working hours for certain categories of workers.
2.1.6. Other rights of the Employee are determined by the legislation of the Russian Federation, by-laws,
local regulations.
Employer Rights
2.2. The employer has the right:
2.2.1. conclude, amend and terminate a fixed-term employment contract with the Employee in the manner and under the conditions established by the legislation of the Russian Federation, by-laws, and local regulations;
2.2.2. encourage the Employee for conscientious work;
2.2.3. demand from the Employee the fulfillment of the terms of this fixed-term employment contract and careful treatment of the Employer’s property, compliance with the legislation of the Russian Federation, by-laws, and local regulations;
2.2.4. bring to disciplinary and financial liability in the manner established by the legislation of the Russian Federation;
2.2.5. For improper performance by an Employee of his duties, the following measures may be applied to him:
a) remark;
b) reprimand;
c) dismissal, including on the grounds provided for in a fixed-term employment contract.
2.2.6. Other rights of the Employer are determined by the legislation of the Russian Federation, by-laws, and local regulations.
Employer's obligations
2.3. The employer undertakes:
2.3.1. provide the Employee with work according to the specified labor function;
2.3.2. provide proper technical equipment for all workplaces and create working conditions there that comply with uniform intersectoral and sectoral rules on labor protection, sanitary standards and rules developed and approved in the manner established by the legislation of the Russian Federation;
2.3.3. inform the Employee about labor conditions and safety in the workplace, about the significant risk of damage to health, the required compensation and personal protective equipment;
2.3.4. create the necessary conditions for the Employee to successfully fulfill his obligations;
2.3.5. ensure timely payment to the Employee of wages, allowances, benefits and other payments in cash;
2.3.6. ensure the necessary qualification level of the Employee, advanced training and retraining of personnel, taking into account the prospects for the development of the enterprise;
2.3.7. provide the Employee with working conditions provided for by the legislation of the Russian Federation, necessary for effective work;
2.3.8. implement compulsory social insurance and social security
An employee in accordance with the legislation of the Russian Federation.
Employee Obligations
2.4. The employee is obliged:
2.4.1. begin performing work duties from the date specified in clause 1.2. this fixed-term employment contract;
2.4.2. perform the work assigned to him in accordance with the requirements of a fixed-term employment contract, efficiently and on time;
2.4.3. promptly notify the Employer's administration of the impossibility, for good reasons, of performing the work stipulated by the employment contract;
2.4.4. comply with the legislation of the Russian Federation, the Charter of the enterprise, internal regulations, individual work plan, production and technological discipline, safety regulations and other local regulations;
2.4.5. not to disclose information about the Employer that has become known to the Employee in connection with the performance of his job function and which is a trade secret of the Employer;
2.4.6. ensure high efficiency of work performed;
2.4.7. systematically improve the level of your qualifications.

3. Remuneration and social guarantees
3.1. The Employer promptly pays the Employee wages of __________ (___________________________ thousand) rubles per month according to the staffing schedule.
3.2. The employee agrees to an increase in wages without additional notice.
3.3. The employee is paid bonuses and additional payments established by the legislation of the Russian Federation and local regulations.

Etc...

The entire standard form and sample of a fixed-term employment contract for the performance of certain works is available for free download as an attached form of a document option.

During times of economic difficulties, many employers prefer to enter into fixed-term employment contracts with staff, so that at the end of the work they will be able to part with the employee. Employers know that the Labor Code allows for the conclusion of a contract for the duration of certain work, but they do not know how to draw it up correctly, and in practice they make many mistakes.

In this article, we will look at the procedure for concluding a fixed-term employment contract with employees hired to perform a clearly defined job, when its completion cannot be determined by a specific date.

When concluding a fixed-term employment contract, the employer is obliged to include two mandatory conditions related to the fixed-term nature of the contract:

1) the duration of the fixed-term employment contract;

2) the circumstances that served as the basis for concluding a fixed-term employment contract.

The employer’s task is to spell out these conditions as clearly as possible, since if one of the conditions is absent from the contract or is ambiguous in its interpretation, the conclusion of a fixed-term contract will be considered unfounded, and the document will be considered concluded for an indefinite period.

Let's look at concluding a fixed-term employment contract on this basis using an example from our practice.

We were contacted by a Client who specializes in performing civil and electrical work under contract agreements. The Client’s construction (work) projects were located in different regions of the country and were remote from the parent organization. The company entered into open-ended employment contracts with employees, and after completion of work on these facilities, difficulties arose with the employees, since they had to be transferred to a new place of work, often very remote from their current location, or negotiate the termination of the employment contract, which not everyone agreed to employees. Often the Client had to carry out a procedure for laying off employees, which involves paying severance pay to employees, that is, it has large financial and also time costs.

For example, the average salary of a bricklayer in the Client’s company was 40,000 rubles; 10 bricklayers worked at one of the construction sites. Upon completion of the project, the Client needed to terminate the employment contracts with the employees, including the masons, since it was not possible to transfer them to other sites. Three masons resigned by agreement of the parties. Each was paid severance pay in the amount of one average salary of 40,000 rubles. The remaining seven masons did not agree to terminate the employment contract by agreement of the parties, and the employer fired them due to staff reduction. At the same time, during the notice of dismissal (two months), the employer paid these employees wages in the amount of 80,000 rubles. (RUB 40,000 × 2). In addition to wages, employees received severance pay in the amount of two average monthly earnings of 80,000 rubles. (RUB 40,000 × 2). Also, three masons were additionally paid an average monthly salary of 40,000 rubles. for the third month, since they registered with the employment center within two weeks after their dismissal and were not employed by them. Thus, the company’s costs amounted to RUB 1,360,000. (40,000 rubles × 3 + 7 × 80,000 rubles + 7 × 80,000 rubles + 3 × 40,000 rubles). Please note that this amount is related to the dismissal of only masons and only from one site. Throughout the company, the cost of laying off workers reached tens of millions.

The client knew that there was the possibility of concluding a fixed-term employment contract, but did not know how to apply such an agreement in relation to the type of activity of the company. The organization turned to us for help. The question was how to correctly conclude a contract for a certain type of work (what justification to choose for a fixed-term contract) if the exact completion date of the work is unknown. At the same time, the company had types of work that were completed before the completion of the total amount of work on the facility, for example, monolithic work (for concrete workers), bricklaying (for masons), electrical installation work (for electricians), etc.

The justification for concluding a fixed-term employment contract was determined to be the basis specified in paragraph. 8 hours 1 tbsp. 59 of the Labor Code of the Russian Federation, namely the conclusion of a fixed-term employment contract with employees hired to perform obviously defined work in cases where its completion cannot be determined by a specific date. This basis makes it possible to conclude a fixed-term employment contract for the duration of construction, since in this case the term of the employment contract is not known in advance and is determined by the date of completion of construction. In this case, the employment contract must indicate its urgent nature and reflect the specific type of assigned work for which the employee is hired.

Consequently, in the employment contract with an employee hired to perform construction work, it is necessary to indicate that the document was concluded for the duration of the construction of the facility. Also in the employment contract you can indicate the characteristics of this object (name, address of construction).

In the example given, the organization entered into a civil contract for the construction of a facility with another legal entity. The contract specifies the stages of construction, each of which requires the performance of certain work. Its completion cannot be determined by a specific date, and employees will be hired specifically to perform a specific job. The construction stages must be completed with an act of completed work, and since in this case there is no specific date for the completion of the employment contract, it is necessary to link the completion of the employment contract to the moment of signing the act of acceptance of the completed work (for example, installation, welding, etc.). It turns out that the end date of the employment contract will be a legal fact - the moment of signing the act of acceptance of work, which ends a specific stage of construction.

In accordance with Part 2 of Art. 79 of the Labor Code of the Russian Federation, an employment contract concluded for the duration of certain work is terminated upon completion of this work. In this regard, the employment contract must indicate the validity period “until the signing of the act of acceptance of work under contract No. dated [date].” Thus, the completion date of the work will be determined.

As we can see from the example, we identified a possible option for the Client to conclude a fixed-term employment contract and helped him in solving the problem. Previously, the Client always had to think about how to terminate employment contracts with employees when construction projects had already been completed. Negotiations with staff were not always in favor of the employer, as many employees refused to quit. Employment contracts were terminated by agreement of the parties with payment of compensation, since many employees agreed to quit only if they were paid a certain amount, and there were cases when employees had to be laid off with the payment of severance pay, the amount of which could reach up to five salaries. The solution that was offered to the Client by our company saved him from unnecessary costs, both monetary and time.

An employee whom the manager accepts as a member of the enterprise for a certain period is a temporary worker. An employment contract is always signed with such a subordinate only for a specified period. This document necessarily specifies the period of its validity. Otherwise, the contract is considered to be of unlimited duration, and the temporary worker is considered a permanent employee. The latter, in turn, has the right to receive monthly wages and compensation for the unused rest period upon dismissal.

What you need to know

Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract, which is concluded on However, the situations are different. Sometimes the head of an enterprise is forced to look for a replacement for a permanent employee who is on sick leave or on vacation. In this case, the organization often hires a temporary worker who performs the duties of an absent subordinate. After the departure of a permanent employee, a person working under a fixed-term contract is subject to dismissal.

Important

The head of an organization must always remember that not all citizens can sign a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom the formation of official relations is not prohibited, even for a certain period of time. These include the following:

People who are sent to work abroad;

Persons entering to carry out labor activities in organizations created only for a certain period;

Citizens hired to perform specific work, the completion date of which is unknown in advance (for example, the construction of a private house);

People who were sent from the labor exchange to public works;

Persons sent to the civil service.

In addition, in cases established by law, it is possible for an employee to be hired under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides for the following:

A citizen is hired to replace a temporarily absent employee;

If you need to perform work, the completion period of which is no more than 2 months;

Implementation of internship;

To carry out work that goes beyond the scope of the organization’s activities (for example, reconstruction of a building);

For the period of seasonal work (performing the duties of a wardrobe attendant).

A small characteristic

So, a temporary worker is a person who is hired for a specific position in an enterprise for a period specified in the contract. Therefore, such an employee knows in advance that he will not be able to work permanently in this organization. After all, the date of completion of his official duties is fixed in advance in the employment contract.

Reception

Before hiring a new person for a temporary job, the head of the enterprise must make sure that his actions do not violate labor laws. That's the order. If the latter hires an employee to carry out seasonal work (for example, a gardener for the summer period or a cloakroom attendant at a clinic), then he has every right to sign a fixed-term employment contract with him.

In addition, the hiring of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period of time must provide the employer with all the necessary documents (for example, a diploma, a certificate of no criminal record, etc.).

Nuances

If the head of an enterprise hires an employee for a period of up to two months, then he needs to know about all the existing features of such work activity. In this case there should be no trial period. After all, the person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is hired to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.

Completion of work and payment

In practice, the head of a company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this three calendar days before the date of termination of the fixed-term contract.

Therefore, many subordinates often file complaints with the prosecutor’s office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who was temporarily performing the duties entrusted to him.

Therefore, on the last day of the employee’s work, the HR specialist must prepare the corresponding order and all other documents related to the latter’s work. In certain cases, the employee immediately asks to see a certificate of his latest income. This document is required for registration with the employment service.

On the last day of the subordinate’s work, the employer must pay him in full. This means that the latter must transfer wages and additional remuneration for unused vacation by the temporary employee.

Translation

When carrying out official activities, it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how does this work out in practice?

The manager may offer the employee a transfer to a temporary position while maintaining his average income or the earnings of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.

Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the duties of the absent employee at the same time. This must be confirmed by an order and an additional agreement.

Recording in labor

So, as already written earlier, a temporary employee is hired only for the period established by the contract. But what will be written in his work book in this case? Everything here is actually quite simple.

First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the latter’s official activities. Then the HR specialist prints the order and makes an entry in the temporary worker’s work book. In this case, you may not immediately indicate the validity period of the employment contract. Because when dismissing a temporary employee, you will need to indicate in the work book the reason for the termination of the official relationship. In this case, the entry should contain the following content: “Dismissed due to the end of the period of validity of the employment contract”, paragraph two of the first part of Article 77 of the Labor Code of the Russian Federation.

By agreement

Here it is necessary to point out once again that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, then the boss has the right to offer him. By mutual agreement of the parties, a fixed-term contract can be concluded with full-time students and part-time students. Most often, the latter do not object to such a proposal from the head of the enterprise. After all, part-time workers are not the main employees, because they already have their main place of work. Entrepreneurs engaged in small businesses and employing less than thirty-five people can enter into fixed-term employment contracts with employees.

Conclusion

Every employee whom an employer employs only for a certain period must be aware that he will be dismissed after the end of his official duties. In practice, this is most often what happens. If a person was hired for two months, then it is prohibited to set him on a probationary period. In addition, when choosing an employee, even for a certain period, the head of the company needs to be more careful.

This is especially true in cases where the boss hires a pregnant woman to work during the absence of a permanent employee. After all, ending an employment relationship with such a subordinate is not so easy. Because she can ask her boss to transfer her to another position (after the departure of the permanent employee whose duties she performed) and extend the employment relationship with her until the birth.

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

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

What is a fixed-term employment contract?

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

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

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

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

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

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

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

Let's list the main cases:

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

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

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

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

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

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

How to apply for a job according to STD

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

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

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

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

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

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

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

What probationary period can be set for STD?

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

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

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