A sample of an employment contract for the duration of a specific job, concluded between a legal entity and an individual. What is the best way to draw up a contract with a temporary worker

for the duration of a certain work

in the face. acting on the basis. hereinafter referred to as " Society", On the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. The employee is hired for temporary work in the Company as.
2. The employee's salary is rubles per month.
3. During the period of work in the Company, the employee reports directly.
4. Real labor contract is for the duration of the work. The work must be completed no later than. Upon the expiration of the specified period, this agreement is terminated, except for the cases specified in cl. 8 and 9 contracts.
5. The employee is obliged to start working from "" 2017.
6. The employee is obliged to fulfill the following job duties specified in the job description.
7. Workplace of the Employee.
8. After completing the work specified in clause 4 of the contract, this employment contract can be extended by agreement of the parties, or a new employment contract can be concluded between them for temporary or permanent employment.
9. The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if labor Relations in fact continue and none of the parties requested their termination in the following cases:
   • if, after the expiration of the contract, the work specified in clause 4 will not be performed;
   • 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 mode of work, the rights and obligations of the parties, the grounds for termination of the employment contract and other conditions are determined in the Regulations on personnel approved by the head of the Company.
12. Additional conditions under this agreement.
13. The terms of this employment contract are confidential and 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 everything else that is not provided for in this agreement, the parties are guided by the current legislation.
16. The parties are guided by internal regulations Society (Staff Regulations, internal labor regulations, etc.) only on condition that the Employee is familiarized with them against receipt.
17. Disputes between the parties arising during the performance of an employment contract are considered in the manner prescribed by the current legislation.
18. The agreement is drawn up in 2 copies having the same legal force, one of which is kept by the Company, and the other by the Employee.

LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Society Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

SIGNATURES OF THE PARTIES

Download a sample, a form of an employment contract for the performance of a specific job 2016

• Useful information about an employment contract for a specific job:

An employment contract for the performance of a specific job radically different from popular in recent times civil contract. You can sign an agreement for any project. As a rule, this type of contract is used in the case when it is rather difficult to designate specific terms for the performance of certain works.

How to draw up an employment contract for a specific job?

An employment contract for the performance of a certain it is difficult to imagine an assignment agreement without standard sections. The employer needs to indicate:

Full name of the employee and the name of the company;

Date of signing the document and place;

Job responsibilities and structural unit;

Working / rest conditions - 5 or 6-day working week, shift work schedule under the contract. or irregular working hours;

Payroll conditions, including bonuses and incentives;

Guarantees, rights and obligations of the parties.

Employment contract for a specific job sealed by the signatures of the parties, as well as by the seal of the organization.

This type of agreement is similar to a fixed-term employment contract. which is characterized by several features. For example, it is strictly forbidden to sign a document for a certain period of time without a good reason. There are not so many reasons for drawing up a fixed-term contract - replacement of a permanent employee, exchange of experience or seasonal work. Also, the basis can be precisely the presence of a certain task.

Due to the seasonality of work, it includes clear conditions, for example - harvesting. Those. - an agreement in which we are talking about the performance of a certain work must contain a specific purpose, for example - repairing a tractor, performing repair and construction work, etc. These are situations in which the final result depends on many factors, and not only on the proper performance of their duties by the employee.

An employment contract concluded for a specified period... should contain the reason why you are limiting the time. In our case, this is the execution of a specific task.

Features and nuances of an employment contract for the performance of a specific job

An employment contract for the fulfillment of a contractual agreement the job has certain characteristics:

You can specify the deadline for the performance of duties, for example - September 1, 2016, but at the same time split the work execution into several periods. It will look like this: by April 1, the employee undertakes to perform painting work; before August 1 - complete finishing of the premises; before September 1 - to put the building into operation;

which you can download on our website, is terminated automatically upon the expiration of the specified period;

Possible early termination of cooperation by agreement of the parties;

The work is considered completed if the parties signed the acceptance certificate;

The terms of payment for the employee's services are determined by agreement of the parties. A salary, a piece-rate system of payment, or hourly wages under a contract can be set. The entire amount can be paid after the completion of all work or in part, after certain stages. It is advisable to fix all stages in the contract.

Employment contract for a specific time, sample which you can download in a few seconds on our website, provides the employee with all the guarantees provided for by the Labor Code of the Russian Federation. And with a civil contract, everything is a little different.

In this case, the employee is automatically retrained as an "executor", and the employer - in a "customer". There is no responsibility and guarantees to the performer. The contract can be terminated without good reason. Injuries at work, the need to pay for sick leave or maternity leave, internship - the customer does not owe you anything under a civil law contract.

On our website, filling out an employment contract will take a few minutes. You answer the questions on the left, the system distributes information into sections on the right, in the document itself. In a matter of minutes, you get a legally sound contract. Evaluate the benefits of our service!

You need to answer the questions presented in the form on the left, and the system will automatically categorize the answers. As a result, you will receive a legally correct document in a matter of minutes. Evaluate the benefits of the service right now!

You may also be interested in the following types of employment contracts, which can be quickly and easily prepared using the contract constructor "Prosto Documents":

Fixed-term employment contract for the performance of a specific job

In times of economic hardship, many employers prefer to conclude fixed-term employment contracts with staff in order to be able to part with the employee at the end of the work. Employers are aware that Labor Code allows the conclusion of a contract for the duration of a 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 consider the procedure for concluding a fixed-term employment contract with employees who are hired to perform a certain job, when its completion cannot be determined by a specific date.

When concluding a fixed-term employment contract, the employer must include in it two mandatory conditions related to the urgent nature of the contract:

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

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

The employer's task is to spell out these conditions as clearly as possible, since in the absence of one of the conditions in the contract or their ambiguous interpretation, the conclusion of a fixed-term contract will be recognized as unreasonable, and the document will be considered concluded for an indefinite period.

Let's consider the conclusion of a fixed-term employment contract on this basis using an example from our practice.

We were approached by a Client who specializes in performing general construction and electrical work under construction contracts. The Client's construction (work) objects were located in different regions of the country and were removed from the parent organization. The company entered into open-ended employment contracts with employees and after the completion of work on these facilities, difficulties arose with employees, since they had to be transferred to a new place of work, often very far from their current location, or to negotiate the termination of an employment contract, to which not everyone agreed. employees. Often the Client had to carry out the procedure for reducing employees, which provides for the payment of severance pay to employees, that is, it has large financial and 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 had to terminate labor contracts with employees, including masons, since it was not possible to transfer them to other objects. Three bricklayers quit by agreement of the parties. Each was paid a severance pay in the amount of one average earnings of 40,000 rubles. The remaining seven bricklayers did not agree to terminate the employment contract by agreement of the parties, and the employer fired them due to staff reductions. At the same time, during the notice of dismissal (two months), the employer paid these employees a wage of 80,000 rubles. (40,000 rubles × 2). In addition to wages, the workers received severance pay in the amount of two average monthly wages of 80,000 rubles. (40,000 rubles × 2). Also, three bricklayers 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 1,360,000 rubles. (40,000 rubles × 3 + 7 × 80,000 rubles + 7 × 80,000 rubles + 3 × 40,000 rubles). Please note that this amount is associated with the dismissal of only masons and only from one object. Throughout the company, the cost of laying off workers reached tens of millions.

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The client knew that it was possible to conclude 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 date of completion of the work is unknown. At the same time, the company had types of work that were completed before the end of the total volume of work on the object, for example, monolithic work (for concrete workers), laying bricks (for masons), electrical work (for electricians), etc.

The justification for the conclusion of a fixed-term employment contract was determined by the basis specified in par. 8 h. 1 tbsp. 59 of the Labor Code of the Russian Federation, namely the conclusion of a fixed-term employment contract with employees who are hired to perform a certain work in cases where its completion cannot be determined by a specific date. This basis allows concluding 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, it is necessary to indicate in the employment contract its urgent nature and reflect the specific type of assigned work, for the performance of which the employee is hired.

Therefore, in the employment contract with the employee employed to perform construction work, it is necessary to indicate that the document was concluded at the time of construction of the facility. Also, in the employment contract, you can specify the characteristics of this object (name, construction address).

In the given example, the organization entered into a civil law contract for the construction of an object with another legal entity. The contract prescribes the stages of construction, each of which requires the performance of a deliberately certain work. Its completion cannot be determined by a specific date, and employees will be hired specifically to perform a specific job. The stages of construction must end with an act of work performed, and since in this case there is no specific date for the completion of the employment contract, it is necessary to tie the completion of the employment contract to the time of signing the act of acceptance of the work performed (for example, installation, welding, etc.). It turns out that the date of termination of the employment contract will be a legal fact - the moment of signing the acceptance certificate, which completes 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 a certain work is terminated upon completion of this work. In this regard, in the employment contract, it is necessary to indicate the validity period "until the signing of the act of acceptance of work under contract No. dated [date]." Thus, the date of completion of the work will be determined.

As you can see from the example, we have defined for the Client possible variant conclusion of a fixed-term employment contract and helped him in solving the problem. Previously, the Client had to always think about how to terminate employment contracts with employees when the construction projects were already completed. Negotiations with staff were not always in favor of the employer, as many employees refused to quit. Labor contracts were terminated by agreement of the parties with the payment of compensation, since many workers agreed to quit only when a certain amount was paid to them, and there were cases when employees had to be laid off with the payment of severance payments, the amount of which can go up to five salaries. The solution offered to the client by our company saved him from unnecessary costs, both money and time.

If your company is engaged in this kind of activity or you have contracts with third parties to perform certain work and you need personnel for such work, this basis for concluding a fixed-term employment contract is the most optimal. Figure 1 shows a fragment of a fixed-term employment contract with an employee hired to perform a certain job, the completion of which cannot be determined by a specific date.

Figure 1. Fragment of a fixed-term employment contract

An employment contract for the duration of a specific job

EMPLOYMENT CONTRACT NO. __
for the duration of a certain work
(full)

_____________ "__" _________ _____

Limited Liability Company "_____________________",
(Name)

hereinafter referred to as the "Company", represented by ___________________________,
(position, full name)

(Statutes, regulations)

grn (ka) Russian Federation _________________________, referred to as
(Full Name)

about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired for temporary work in the Company as __________________________________________.
1.2. The employee's salary is ______________________ _________________________________ rubles. per month.
1.3. During the period of work in the Company, an employee reports directly to _____________________________________________________.
1.4. This employment contract is concluded for the duration of the work ___________________________________________________ and is valid from "__" ___________ _____.
The work must be completed no later than _____________ (no more than 2 months from the beginning of the contract). Upon the expiration of the specified period, this agreement is terminated, except for the cases specified in cl. 1.7 and 1.8 of the contract.
1.5. The employee is obliged to start work from "__" _________ _____.

The options are:

(name of company)

_____________________________________________________________________.
b) The Company has the right to send an Employee to perform tasks in any area within the ________________________ region.

1.7. After completing the work specified in clause 1.4 of the contract, this employment contract can be extended by agreement of the parties, or a new employment contract can be concluded between them for temporary or permanent employment.
1.8. 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 none of the parties requested their termination in the following cases:
a) if, after the expiration of the contract, the work specified in clause 1.4 is not performed;
b) if, after completing the work specified in clause 1.4 of the contract, the Employee continues to perform work in this specialty and qualification.

2. OBLIGATIONS OF THE PARTIES

2.1. The employee is obliged:
2.1.1. Perform the following job responsibilities: _____________ _____________________________________________________________________.
(the main characteristics of the work and the requirements for
the level of their implementation)

Option: perform the duties specified in the job description.

2.1.2. Observe labor, production and financial discipline and conscientiously treat the performance of their duties specified in clause 2.1.1 of this employment contract.
2.1.3. To protect the property of the Company, not to disclose information and information that is a commercial secret of the Company.
2.1.4. To fulfill in a high-quality and timely manner the instructions, tasks and instructions of the leading officials of the Company given by them in accordance with their competence.
2.1.5. Do not give interviews, do not hold meetings and negotiations concerning the activities of the Society, without the permission of its administration.
2.1.6. Observe the requirements for labor protection, safety and industrial sanitation.
2.1.7. In the event that work is performed under an agreement concluded by the Company with a third party (Customer), comply with the terms of such an agreement and the rules in force on the territory of the Customer, subject to the Employee's familiarization with these documents against receipt.
2.1.8. Contribute to the creation of a favorable moral climate and work environment in the Company.
2.2. The society undertakes:
2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Company has the right to demand from the Employee to perform duties not stipulated by this employment contract, only in cases stipulated by the current labor legislation of the Russian Federation.
2.2.2. Pay wages twice a month, no later than _______ and ______ of each month.
Pay wages for the entire vacation period no later than _______ day (s) before the start of the vacation.
2.2.3. In the event that the Employee is sent to perform work under an agreement concluded by the Company with a third party (Customer), familiarize the Employee with such an agreement in part concerning the conditions for performing work and the rules in force on the territory of the Customer against receipt.
2.2.4. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
2.2.5. Give the Employee a copy of the job description.
2.2.6. Investigate and keep records of industrial accidents.
2.2.7. To pay bonuses and remuneration in the manner and on the terms established in the Company, to provide material assistance, taking into account the assessment of the personal labor participation of the Employee in the work of the Company.
2.2.8. In accordance with the established procedure, make entries in the Employee's work book, keep it and give it to the Employee on the day of dismissal.
2.2.9. Carry out social insurance of the Employee for the period of validity of the employment contract.
2.2.10. Perform other duties stipulated by labor legislation.

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3.1. The employee is set ________________ (five-day, six-day) working week with a duration of __________ hours (no more than 40 hours). Days off are ___________________________.
Option: days off are provided on different days of the week in accordance with the shift schedules approved by the administration of the Company.
Work in the Company is not performed in the following holidays:
January 1 and 2 - New Year;
January 7 - Nativity of Christ;
March 8 - International Women's Day;
May 1 and 2 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Day of the adoption of the Declaration of State Sovereignty;
November 7 - the anniversary of the October Revolution;
December 12 - Day of the adoption of the Constitution of the Russian Federation.
On the eve of the holidays indicated above, the working hours of employees are reduced by 1 (one) hour. If the holiday is preceded by a day off, then there is no reduction in the duration of the working day.
3.2. Working hours:
- Beginning of work _____________________;
- end of work __________________;
- break for rest and meals from _________ to _________.
Option: working hours are established by the shift schedule approved by the administration of the Company.

3.3. An employee may be involved in work at night (from 10 pm to 6 am local time) according to the shift schedule approved by the administration of the Company.
For work at night, in addition to wages, compensation is paid in the amount of ____ (at least 40%) hourly rate for one hour of work. The hourly rate is calculated by dividing the amount of wages by the average number of working hours per month.
3.4. In exceptional cases, the Employee may be involved in overtime work, as well as work on weekends and holidays in the manner and with compensation provided for by labor legislation (providing another day of rest or, by agreement of the parties, in cash).
3.5. The employee is given annual leave with the retention of wages for _______ days (at least 24 working days per six-day working week). Leave for the first year of work is granted after eleven months of continuous work in the Company. In cases stipulated by labor legislation, at the request of the Employee, leave may be granted before the expiration of eleven months of continuous work in the Company.
Leave for the second and subsequent years of work is granted in accordance with the order of granting leave, in accordance with the vacation schedule approved by the head of the Company, drawn up taking into account the wishes of employees about the time of the proposed vacation.
3.6. In cases stipulated by law, the Employee is granted additional leave.
3.7. Replacing the vacation with monetary compensation is not allowed, except in cases of dismissal of the Employee who did not use the granted vacation.
3.8. For family reasons and other valid reasons, the Employee, upon his application, may be granted short-term leave without pay.

4. RESPONSIBILITY OF THE PARTIES

4.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this contract, violation of labor legislation, Labor Regulations (Option: and the rules established by the Staff Regulations), as well as causing material damage to the Company, he bears disciplinary, material and other liability in accordance with current legislation.
4.2. The Company bears material and other liability, in accordance with the current legislation, in the following cases:
a) dismissal without legal basis or in violation of the established order;
b) causing damage to the Employee as a result of injury or other damage to health associated with the performance of his job duties;
c) in other cases stipulated by law.
In the cases provided for in the law, the Company is obliged to compensate the Employee for moral damage caused by the unlawful actions of the Company.

5. TERMINATION OF THE EMPLOYMENT CONTRACT

5.1. The grounds for termination of this employment contract are:
5.1.1. Agreement of the parties.
5.1.2. Performance of the work specified in clause 1.4 of this contract, the impossibility of its performance or the expiration of the contract.
5.1.3. Draft or admission of an Employee to military service.
5.1.4. Termination of the employment contract on the initiative of the Employee on the grounds provided for by Art. 31 and 32 of the Labor Code of the Russian Federation.
5.1.5. Termination of the employment contract at the initiative of the Company on the grounds provided for in Art. 33 of the Labor Code of the Russian Federation.
5.1.6. Changes in essential working conditions and (or) violation by the Company of its obligations under this employment contract.
5.2. In addition to the grounds listed in clause 5.1 of this agreement, an agreement for the performance of temporary work, not extended for an indefinite period in accordance with clause 1.8, may be terminated:
5.2.1. On the initiative of the Employee, subject to a written warning by the latter of the Company three days before the date of the proposed termination.
5.2.2. On the initiative of the Society in the event of:
a) suspension of work in the Company for a period of more than one week due to production reasons, as well as reduction of work in the Company - with the payment of severance pay provided for in clause 6.2;
b) failure to appear for work for more than two weeks in a row due to temporary disability - without payment of severance pay;
c) non-fulfillment by the Employee without good reason of the obligations imposed on him by this employment contract - without payment of severance pay.
5.3. Termination of an employment contract does not release the parties from liability for non-performance or improper performance.

6. WARRANTIES AND COMPENSATIONS

6.1. For the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation.
6.2. The employee is paid severance pay in the amount of _________ (at least two weeks average earnings) upon termination of the contract for the reasons:
a) conscription or admission of the Employee to military service;
b) the Employee's refusal to continue working due to changes in essential working conditions;
c) illness that prevents the continuation of work, or loss of ability to work as a result of an accident at work;
d) as a result of violation by the Company of labor legislation or obligations under this agreement.

7. SPECIAL CONDITIONS

7.1. The terms of this employment contract are confidential and not subject to disclosure.
7.2. The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
7.3. In everything else that is not provided for in this agreement, the parties are guided by the current legislation.
7.4. The parties are guided by the internal regulations of the Company (Staff Regulations, Internal Labor Regulations, etc.) only on condition that the Employee familiarizes with them against receipt.
7.5. Disputes between the parties arising during the performance of an employment contract are considered in the manner prescribed by the current legislation.
7.6. The agreement is drawn up in 2 copies having the same legal force, one of which is kept by the Company, and the other - by the Employee.

SOCIETY: _______________________________________________________ ______________________________________________________________________

EMPLOYEE: ____________________________________ (________________) Passport: series _____________ No. __________, issued on ___________________ ______________________________________________________________________ Address: _______________________________________________________________

Employment contract (for the duration of a specific job)

Limited Liability Company _______________________,
(Name)

hereinafter referred to as the "Company", represented by ___________________________,
(position, full name)

acting on the basis of ______________________, on the one hand, and
(Statutes, regulations)

city ​​(s) of the Russian Federation _______________________, referred to as (s)
(Full Name)

hereinafter the "Employee", on the other hand, entered into this contract
about the following:

1. Subject of the employment contract

1.1. The employee is hired for temporary work in the Company in
quality __________________________________________.
1.2. The employee's salary is ______________________
_________________________________ rubles per month.
1.3. During the period of work in the Company, an employee is subject to
directly _____________________________________________________.
1.4. This employment contract is concluded for the duration of the
work _______________________________________________________________
and is valid from "__" ___________ 200__
The work must be completed no later than _____________ (no more than 2
months from the beginning of the contract). After the specified period
this agreement is terminated, except in cases where
specified in clauses 1.7 and 1.8 of the agreement.
1.5. The employee is obliged to start work from "__" _________ 200__.
1.6. Workplace of the Employee: ___________________________________.
The options are:
a) The Company has the right to send an Employee to perform tasks in
___________________________ located at: ________________
(name of company)

____________________________________________.
b) The Company has the right to send an Employee to perform tasks in
any area within the ________________________ area.
1.7. After completing the work specified in clause 1.4 of the contract,
this employment contract can be extended by agreement of the parties,
or a new employment contract may be concluded between them for admission to
temporary or permanent work.
1.8. The employment contract is extended indefinitely
term and the Employee acquires the status of a permanent employee if
the employment relationship actually continues and neither side
demanded their termination in the following cases:
a) if, upon the expiration of the contract, the work specified in
p. 1.4 will not be implemented;
b) if after completing the work specified in clause 1.4 of the contract,
The employee continues to perform work in this specialty and
qualifications.
1.9. Work in the Company is the main place of work of the Employee.

Hello! Today we'll talk about hiring on 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 litigation 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, these relations have an agreed expiration date, as opposed to the usual one.

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

Fixed-term and unlimited contracts - what is the difference

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

Index	Perpetual TD	Urgent TD
Validity	Has no expiration date	Maximum five years. The term can be indicated by a date or an event (exit of a permanent employee, end of temporary work). In addition, it is added to the order
Reason for imprisonment	Not specified	Necessarily prescribed in the order
Employee task	The employer constantly assigns new tasks	The task is one-time and specific
Employee's social guarantees	Provided by the Labor Code (sick leave, vacation, etc.)	Similar to BTC, if at the time of the warranty period, the STD has not yet expired
State attitude	It is perceived as a guarantee of stable income for the population and prosperity of the economy	Possible source of risk in the form of employer abuse. Maximum

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

In what cases is it obligatory to issue an employee according to STD

There are types of work, the nature and conditions of which involve the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal characteristics, 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 is temporarily transferred 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;
• For seasonal work;
• For temporary work (up to two months);
• For work in connection with professional activity / internship;
• For persons sent to public works;
• If the employee is the vice-rector of the higher educational institution;
• If citizens are doing alternative civilian service;
• When elected for a fixed term as a member of an elected body.

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

The optional STD is called "by agreement of the parties."

The employer can conclude it with persons in the following circumstances:

• Small businesses with a staff of no more than thirty-five people;
• An employee of retirement age, and also if, on the prescription of a doctor, he can only be in temporary work;
• Work in the Far North and is associated with moving there;
• To eliminate the consequences of catastrophes, epidemics, accidents, as well as prevent these events;
• People of creative professions (cinematographers, media journalists, theater and circus artists);
• Full-time employee at 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 activities 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 wards for the competition.

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

How to properly apply for a job on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct filling of all documents. In general, employment under the STD does not differ from the traditional one, but it has several features.

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

• Passport or other identity document;
• Labor book (if the job is the first, the employer, according to the law, has no right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be kept by the employer himself);
• Insurance certificate of state pension insurance (SNILS);
• Military registration documents - for persons liable for military service;
• Educational or qualification document;
• Police clearance certificate.

Strictly according to the Labor Code, the employer does not have the right to ask the employee INN, 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 and others).

After the employee has provided the documents, the next multi-stage stage begins - its registration by the organization's personnel department. At this stage, there are a number of nuances inherent in STD.
Let's consider them in the table:

Stage no.	Document	Filling feature	Important to remember
	Application for a job	Compiled by hand on paper. Its appearance is at the discretion of the organization.	It is not a required document. If available, it is stored in the employee's personal card
	Labor contract	An indispensable condition - the contract must indicate the expiration date of its validity. It must also provide the basis for its conclusion.	If the term is not specified, in the eyes of the law, the contract will automatically become indefinite. Even if the deadline is indicated in the employment order
	The order of acceptance to work	A printed form T-1 (for one person) or T-1a (for several) is to be completed. In the cell "date" 2 dates are entered - "from" and "to"	It is imperative to mark the event as the end of the contract if its calendar date is unknown. For example, "upon completion of picking apples in orchards"
	Employment history	An appointment for a job does not differ from an appointment with a BTC - "temporality" is not reflected in any way	"Urgency" will be reflected later, upon dismissal, through an entry with a mention expired date contract
	Employee's personal card	The card has a unified form T-2	After reading the entry in the work book and personal card, the employee signs on the 2nd and 3rd pages of the card
	Add. agreement to an employment contract	Optional stage. Drawn up if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into an unlimited

V mandatory even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, and also confirm your acquaintance with a signature in the corresponding journal.

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

What probationary period can be set at STD

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

• Unless otherwise specified, the probationary period remains the standard - up to three months;
• If the TD is issued for a period of two to six months, then the duration of the test 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 sorted out the key issues on 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.

An employee who is hired by the manager for a certain period of time is a temporary employee. With such a subordinate, an employment contract is always signed only for a specified period. V this document the period of its validity is prescribed without fail. Otherwise, the contract is considered indefinite, and the temporary employee is a permanent employee. The latter, in turn, is entitled to a monthly salary and compensation for unused rest periods 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 for. Nevertheless, situations are different. Sometimes the head of an enterprise is forced to look for a replacement for a permanent employee who has gone on sick leave or is on vacation. In this case, a temporary employee is often accepted into the organization, who fulfills the duties of an absent subordinate. After a permanent employee leaves, a person working on a fixed-term contract is subject to dismissal.

Important

The head of the organization must always remember that not all citizens can be signed for a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom formalization 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 certain 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 to register an employee for work under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides here the following of them:

A citizen is hired to replace a temporarily absent employee;

If you need to complete work, the deadline for which is not more than 2 months;

Implementation of an internship;

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

For the period of seasonal work (performance of the duties of a cloakroom attendant).

Small characteristic

So, a temporary worker is the person who is hired for a certain position at the enterprise for a period established by the contract. Therefore, such an employee knows in advance that he will not be able to constantly work 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 temporary work, the head of the enterprise must make sure that his actions do not violate the norms of labor legislation. This is the order. If the latter hires an employee for seasonal work (for example, a gardener for summer period time or cloakroom attendant to the 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 determined by law, employees hired for a certain period must provide the employer with everything Required documents(for example, a diploma, a certificate of no criminal record, and others).

Nuances

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

End of work and settlement

In practice, the head of a firm often faces a number of difficulties when firing a temporary worker. And in most cases, he is in serious violation of labor laws. After all, not every employer remembers that before dismissing an employee who has been hired for a given position for a certain period of time, the latter must be notified about 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 temporarily performed the duties entrusted to him.

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

On the last day of a subordinate's work, the employer must pay him completely. This means that the latter must transfer the salary and additional remuneration for the unused vacation of the temporary worker.

Translation

When performing 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 is this formalized in practice?

The manager can 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 absent employee at the same time. This must be confirmed by an order and an additional agreement.

Labor enrollment

So, as it was 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? Here, in fact, everything is 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 career. 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 duration of the employment contract. Because when a temporary employee is fired, it will be necessary to indicate the reason for the termination of the service relationship in the work book. In this case, the entry should be as follows: "Dismissed due to the expiration of the employment contract" paragraph of the second part of the first article 77 of the Labor Code of the Russian Federation.

By agreement

Here again, it is necessary to point out 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, 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. 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 the main place of work. Small business entrepreneurs with fewer than thirty-five employees can enter into fixed-term employment contracts with employees.

Conclusion

Any employee who is hired by an employer only for a certain period should be aware that he will be fired after his term of office ends. In practice, this is most often the case. If a person has been hired for two months, then it is prohibited to establish a probationary period for him. 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 when a pregnant woman is hired by the boss during the absence of a permanent employee. After all, it is not so easy to end an employment relationship with such a subordinate. Because she can ask her boss to transfer her to another position (after the release of a permanent employee, whose duties she performed) and extend the employment relationship with her until the very birth.

1. Article 59 of the Labor Code of the Russian Federation contains two parts, each of which provides different kinds works (cases) for the performance of which a fixed-term employment contract is concluded with the employee.

The lists of works (cases) provided for in both parts 1 and 2 are not exhaustive. The Labor Code or other federal laws may provide for other cases when the conclusion of a fixed-term employment contract is either mandatory by virtue of the law, or is allowed by agreement of the parties to the employment contract. Since the article deals with the Labor Code or other federal law, neither the law of the constituent entity of the Russian Federation, nor the decree of the President of the Russian Federation, nor the decree of the Government of the Russian Federation, nor any other subordinate normative legal act can establish any additional grounds (cases) for concluding a fixed-term employment contract ...

2. Cases (types of work) listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation, correspond to the general criterion for concluding a fixed-term employment contract, formulated in part 2 of Art. 58 TC. That is, all the cases listed in it determine the urgent nature of the labor connection.

Thus, the conclusion of a fixed-term employment contract in the cases listed in part 1 of this article is due to the very nature of the work or the conditions for its performance, and therefore is mandatory.

Part 1 of Art. 59 of the Labor Code of the Russian Federation names 11 specific cases when a fixed-term employment contract is concluded with an employee:

• 1) for the duration of the performance of the duties of a temporarily absent employee. Such an employment contract is concluded when, for the absent employee, in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective bargaining agreement, agreements, local regulations, labor agreement retains the place of work (for example, while the employee is on a long business trip, on parental leave). The term of the employment contract in this case is made dependent on the time when the absent employee returns to the performance of his labor (official) duties. Since the law says about the temporary absence of an employee who retains a place of work (position), a fixed-term employment contract cannot be concluded to fulfill duties for a vacant position until another permanent employee is hired for this position;

2) to perform temporary (up to 2 months) work, as well as seasonal work, when, due to natural conditions, work can be performed only during a certain period (season), not exceeding, as a rule, 6 months (see comments to Art. 293).

The conclusion of a fixed-term employment contract for a period of up to 2 months is possible provided that the work is deliberately temporary, i.e. it is known in advance that it will last no more than 2 months (for example, during the preparation of the annual report). At the same time, the agreement of the parties must determine the specific term of the employment contract within 2 months (3 weeks, 1 month, 1.5 months, etc.).

It will be illegal to conclude a fixed-term employment contract for a period of up to 2 months to perform work that is permanent for the employer.

The conclusion of a fixed-term employment contract for the performance of seasonal work is allowed, provided that this work is provided for by a special list of seasonal work. Lists of seasonal jobs, incl. individual seasonal work, the performance of which is possible during a period (season) exceeding 6 months, and the maximum duration of these individual seasonal works are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership (part 2 of article 293, see comments. To her).

The conclusion of a fixed-term employment contract for a certain season to perform work not provided for by the named list will be considered illegal;

• 3) with persons sent to work abroad. In this case, it does not matter to which organization the employee is sent abroad. These can be diplomatic missions and consular offices of the Russian Federation abroad, as well as representations of federal executive bodies and government agencies RF, commercial organizations, scientific and educational institutions and etc.;

4) to carry out work that goes beyond the usual activities of the employer, as well as to carry out work associated with a deliberately temporary (up to 1 year) expansion of production or the volume of services provided.

In this case, the employer's usual activities should be understood as such types of work that correspond to the main activities of the organization, enshrined in its charter.

As an example of work that goes beyond the normal activities of the organization, the law names reconstruction, installation, commissioning. Depending on the nature (type) of the organization's usual activities, this may be other work, for example, repair, construction. However, in all cases, work outside the normal (main) activities of the organization, for the performance of which fixed-term employment contracts may be concluded, must be of a temporary (urgent) nature. Since the law does not establish any special deadline for which such an employment contract can be concluded, the term of an employment contract is determined in each specific case by agreement of the parties based on the specific circumstances and the period of time during which there is a need to perform work that goes beyond outside the normal activities of the organization. The general rules about deadline labor contract, established by Art. 58 TC, i.e. 5 years.

Unlike an employment contract concluded for work outside the usual activities of the employer, the term of an employment contract concluded in connection with the need to temporarily expand production or the volume of services provided is limited. It cannot exceed one year. This is due to the fact that work under such an agreement is carried out in the framework of the normal activities of the organization and the need to expand production or the volume of services provided is limited to certain time limits, known to the employer.

The specific term of the employment contract for the performance of work associated with a deliberately temporary expansion of production or the volume of services provided, within one year, is determined by agreement of the parties. For example, due to the increase in the number of tourists in summer time and the expansion in this regard of the volume of services provided by hotels, cafes, restaurants, transport organizations and others can employ an additional number of workers by concluding labor contracts with them for a certain period (1, 2, 3 months, etc.);

5) with persons applying for work in organizations created for a known period of time or for the performance of a known work.

The fact that an organization was created for a certain period or only to perform a certain work must be recorded in the charter of this organization. The charter of the organization also determines the specific period of time for which it was created or during which the work will be completed, the implementation of which is the purpose of creating the organization (for example, for 2, 3, 4 years).

The term of an employment contract with persons entering organizations created for a predetermined period of time or for the performance of a predetermined work is determined by the period for which such an organization was created. Therefore, the termination of an employment contract with these employees on the basis of the expiration of the term of the employment contract can be made if this organization really ceases its activities due to the expiration of the period for which it was created, or the achievement of the goal for which it was created, without transferring rights and obligations by way of succession to other persons (clause 14 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2);

6) with persons accepted for the performance of knowingly certain work in cases where its performance (completion) cannot be determined by a specific date.

In these cases, the employment contract with the employees must indicate that it was concluded for the duration of this particular work (for example, for the period of office renovation, for the period of construction of the facility). The end (completion) of the specified work will be the basis for termination of the employment contract due to the expiration of its validity period. At the same time, it should be borne in mind that if in the course of the trial it is established the fact of multiple conclusion of fixed-term employment contracts for a short period to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period ( Clause 14 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2);

7) to perform work directly related to the internship or vocational training of the employee. In this case, the employment contract is concluded for the period of the internship or vocational training.

An internship or vocational training of employees in an organization can be carried out both on the basis of an agreement with another organization that sent its employee for an internship or vocational training, and on the basis of an apprenticeship agreement concluded by the organization with the student himself (see commentary to Art. 198 - 208);

• 8) in the case of being elected for a specified term to an elected body or to an elective position for paid work. For example, for the post of rector of a state or municipal higher educational institution, dean of a faculty or head of a department of a higher educational institution. According to Art. 12 of the Vocational Education Law, art. 332 of the Labor Code, these positions are filled on the basis of elections held in accordance with the procedure established by the charter of the educational institution (see Articles 17, 332 of the Labor Code);

9) when applying for a job related to the direct support of the activities of members of elected bodies or officials in public authorities and bodies local government, v political parties and other public associations. In this case, it is said about the work related to the direct support of the activities of the members of these bodies or officials. This means that not all persons applying for work in these elected bodies can be concluded with a fixed-term employment contract. We are talking about contracts concluded for the performance of such work, which is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the chairman of the party).

The term of the employment contract in these cases is established by agreement of the parties within the term of office of the relevant elected body or official.

The early termination of the powers of certain bodies or officials should also entail the termination of employment contracts with persons hired to ensure these activities;

10) with persons sent by the bodies of the employment service to work of a temporary nature and public works. Such work is organized as an additional social support citizens, job seekers... The term of the employment contract for the performance of such work is determined by agreement of the parties.

If the work to which the citizen is directed by the body of the employment service is of a permanent nature, the conclusion of a fixed-term employment contract with him is not allowed;

• 11) with citizens sent for alternative civilian service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civilian service is established by the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service" (SZ RF. 2002. N 30. Art. 3030) in accordance with the Constitution of the Russian Federation. Alternative civilian service is special kind labor activity in the interests of society and the state, carried out by citizens instead of conscript military service. The procedure for sending citizens to an alternative civilian service is determined by the said Law, other federal laws, the Regulation on the procedure for passing an alternative civilian service, approved. Decree of the Government of the Russian Federation of May 28, 2004 N 256 (SZ RF. 2004. N 23. Art. 2309), and other regulatory legal acts of the Russian Federation adopted in accordance with them.

The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code, taking into account the specifics provided for by the specified Federal Law.

In accordance with Art. 5 of this Law, the term of alternative civilian service is 1.75 times longer than the term of military service established by the Law on Military Obligation and is 21 months for citizens sent to complete it after January 1, 2008. The term of alternative civilian service for citizens doing this service in the organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies is 1.5 times longer than the term of military service established by the Law on conscription and is 18 months for citizens sent for it. passing after January 1, 2008.

In accordance with the indicated terms, the term of the employment contract with citizens sent to undergo alternative civilian service is also determined. By concluding an employment contract, the parties are not entitled to establish another term for its validity.

3. Unlike part 1 of the commented article, according to which the conclusion of an employment contract for a certain period due to the nature of the work ahead or the conditions for its performance is mandatory, part 2 of the article provides a list of cases when the conclusion of a fixed-term employment contract is allowed by agreement of the parties ... Moreover, by agreement of the parties, a fixed-term employment contract in the cases listed in part 2 of Article 59 of the Labor Code of the Russian Federation can be concluded without taking into account the nature of the work ahead or the conditions for its implementation. It should be borne in mind that such an agreement can be recognized as legitimate if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. If the court, when resolving a dispute on the legality of concluding a fixed-term employment contract, establishes that it was concluded by an employee forcibly, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

According to part 2 of the commented article, by agreement of the parties, a fixed-term employment contract can be concluded:

1) with persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people).

The concept and types of small businesses are defined by the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" (SZ RF. 2007. N 31. Art. 4006). In accordance with Art. 3 small and medium-sized businesses - business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by this Federal Law, to small enterprises, incl. to micro and medium-sized enterprises.

According to Art. 4 small and medium-sized businesses include consumer cooperatives and commercial organizations (except for state and municipal unitary enterprises) entered in the Unified State Register of Legal Entities, as well as individuals included in the Unified State Register of Individual Entrepreneurs and carrying out entrepreneurial activities without forming a legal entity (hereinafter referred to as individual entrepreneurs), peasant (farm) farms that meet the following conditions:

• for legal entities - the total share of the participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (joint) capital (mutual fund) of these legal entities should not exceed 25% (excluding the assets of joint-stock investment funds and closed-end mutual investment funds), the share of participation belonging to one or more legal entities that are not small and medium-sized businesses should not exceed 25%;
• the average number of employees for the previous calendar year must not exceed the following limit values average size employees for each category of small and medium-sized businesses:
  • a) from 101 to 250 people inclusive for medium-sized enterprises;
  • b) up to 100 people inclusive for small businesses; micro-enterprises stand out among small enterprises - up to 15 people;
• proceeds from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year must not exceed the limit values ​​established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Newly created organizations or newly registered individual entrepreneurs and peasant (farm) farms during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, proceeds from the sale of goods (works, services) or the book value of assets (residual value of fixed assets and intangible assets) for the period that has passed from the date of their state registration do not exceed the limit values ​​established by the named article.

The average number of employees of a micro-enterprise, small enterprise or medium-sized enterprise for a calendar year is determined taking into account all its employees, incl. employees working under civil law contracts or part-time, taking into account the actual hours worked, employees of representative offices, branches and other separate divisions of the specified micro-enterprise, small enterprise or medium-sized enterprise;

2) with retirees entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature.

It is necessary to pay attention to what the law says about old-age pensioners entering work, i.e. about those who for the first time or again (after dismissal) conclude an employment contract with this employer. In this regard, the employer is not entitled, incl. and with the consent of an employee who has an employment relationship with him and has reached retirement age, renegotiate an employment contract concluded with this employee for an indefinite period into a fixed-term employment contract. It should be borne in mind that the number of old-age pensioners includes persons who have reached retirement age and who, in accordance with the pension legislation, have been assigned an old-age pension. If a citizen has reached the age necessary for the appointment of a pension, but in accordance with the pension legislation has not acquired the right to it or the pension has not been assigned to him for any other reason, he cannot be considered a pensioner and, therefore, the rules for concluding a fixed-term employment contract provided for by the commented the norm, should not be applied to it.

The fact that an employee for health reasons can perform work of an exclusively temporary nature must be established by a medical report. A medical opinion of this kind has the right to issue only that body or institution to which such a right is granted (for example, institutions of medical and social expertise).

The term of the employment contract is determined in this case based on the duration that, according to the medical opinion, is allowed for this employee in accordance with his state of health. The employer does not have the right, at his own discretion, to set the employee the term of the employment contract for a longer or shorter duration than that prescribed by the medical opinion;

3) with persons applying for work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work. Since the law connects the possibility of concluding a fixed-term employment contract with these persons with their relocation to their place of work in organizations located in the regions of the Far North and equivalent areas, this rule should not apply to citizens permanently residing in these areas and localities. A fixed-term employment contract is concluded with them on the grounds specified in Part 1 of Art. 59 of the Labor Code of the Russian Federation, by agreement of the parties in the cases specified in part 2 of the same article (for example, when applying for a part-time job), as well as in other cases provided for by the Labor Code or other federal laws.

The list of regions of the Far North and equivalent areas was approved by the Resolution of the Council of Ministers of the USSR dated November 10, 1967 N 1029 (JV USSR. 1967. N 29. Art. 203) and is valid today as amended. Resolutions of the Council of Ministers of the USSR of January 3, 1983 N 12 (SP USSR. 1983. N 5. Art. 21) with additions and changes introduced by the legislation of the Russian Federation;

• 4) to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies (for example, to eliminate the consequences of a flood, fire). Since the law does not establish a minimum or maximum period for which an employment contract can be concluded under these circumstances, it is determined by agreement of the parties. If the term of the employment contract does not exceed 2 months, the arisen labor relations are regulated taking into account the specifics established by Ch. 45 of the Labor Code (see comments to Art. 289 - 292);
• 5) with creative workers of the media, cinematographic organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works in accordance with the lists of works, professions, positions of these workers approved by the Government RF, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Decree of the Government of the Russian Federation of April 28, 2007 N 252 approved the List of professions and positions of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, the specifics of the labor activity of which are established by the Labor Code of the Russian Federation;

6) with heads, deputy heads and chief accountants of organizations. It does not matter what the organizational and legal form and form of ownership of these organizations - joint stock company, limited liability company, state unitary enterprise, etc.

The term of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code is determined by the constituent documents of the organization or by agreement of the parties. That is, by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;

• 7) with persons studying full-time;
• 8) with persons applying for part-time work (for the procedure and conditions for concluding an employment contract for part-time work, see the commentary to Articles 282 - 288).

4. In addition to the cases directly provided for in Part 2 of Article 59 of the Labor Code of the Russian Federation, the conclusion of a fixed-term employment contract by agreement of the parties is also allowed in other cases provided for by the Labor Code or other federal law. So, in accordance with Art. 332 of the Labor Code, by agreement of the parties, fixed-term employment contracts may be concluded for filling positions of scientific and pedagogical workers in a higher educational institution.

5. In accordance with the general rules for concluding a fixed-term employment contract, established by Art. 58 of the Labor Code, a fixed-term employment contract can be concluded either in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its performance, or by agreement of the parties without taking into account the above circumstances in cases provided for by the Labor Code or other federal law (part 2 of article 59 of the Labor Code of the Russian Federation). At the same time, in some cases, the Labor Code provides for the conclusion of a fixed-term employment contract without taking into account these general rules. So, according to Part 14 of Art. 332 TC, a fixed-term employment contract is concluded with the vice-rectors of a higher educational institution. The aforementioned norm is set forth in an imperative form, therefore, the conclusion of a fixed-term employment contract with these employees is mandatory by virtue of a direct requirement of the law. However, neither in nature nor in terms of performance, work as a vice-rector of a higher educational institution does not apply to work for the performance of which an employment contract cannot be concluded for an indefinite period. Thus, having provided for the obligatory conclusion of a fixed-term employment contract with the vice-rectors of a higher educational institution, the legislator has shown a clear inconsistency in the regulation of the relations in question (see commentary to Art. 332).

By unlawfully concluding such an agreement, the employer is at great risk. This article contains expert tips and a sample for 2019.

From the article you will learn:

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What is a fixed-term employment contract: the pros and cons

A fixed-term (temporary) employment contract has a limited duration. The contract is considered as indefinite, if it does not say that it is urgent, the reason for the urgency is not indicated, and there is no date or event with the onset of which the labor relationship should end (part 3 of article 58 of the Labor Code of the Russian Federation).

A temporary employment contract is beneficial, first of all, for the employer - it expands the list of grounds on which an employee can be fired. All that is needed for dismissal is to wait for the expiration of the term specified in the contract and notify the employee about it three days in advance. How this happens in practice, read the article "". In addition, upon dismissal as part of the liquidation of an enterprise, personnel hired for up to two months may not be paid severance pay.

Cons of a fixed-term employment contract

1. Maximum allowableterm of a fixed-term employment contractlimited... It is possible to establish labor relations for a longer period by concluding a new contract or retraining an existing one into an indefinite one. This is not always convenient.

2. If you miss the deadline and do not issue your dismissal on time, the labor relationship is transformed into an indefinite one. From this moment on, the employee can be dismissed only on a general basis.

Otherwise, the set of labor and social guarantees provided to the employee by a fixed-term contract does not differ from the standard one. Temporary and seasonal personnel are entitled to paid leave, sick leave, all allowances and compensations required by law.

When to conclude a fixed-term employment contract

Labor relations are established by default for an indefinite period. But sometimes, due to special character the forthcoming work or the conditions for its performance, a fixed-term employment contract is concluded on a mandatory or voluntary basis. A fixed-term employment contract is concluded according to the circumstances that are listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. Separately, there are cases when the employer has the right to conclude a fixed-term employment contract by agreement of the parties (part 2 of article 59 of the Labor Code of the Russian Federation).

When a fixed-term employment contract is required

• Seasonal or temporary (up to two months) work.
• Work abroad.
• The employee is sent by the employment service for temporary employment.
• Alternative civilian service.
• The employee performs work within the framework of vocational training, industrial practice, internship.
• The employee is elected to an elective position.
• An employee joins an organization established for a limited time, or performs work outside the usual activities of the employer.
• If an employee temporarily performs the duties of an absent main employee, who retains a place of work for the period of vacation, maternity leave, sick leave, etc.

Table. Cases of conclusion of a fixed-term employment contract (in general cases and by agreement)

Cases in which a fixed-term employment contract must be concluded	Cases in which a fixed-term employment contract can be concluded by agreement of the parties
At the time of the performance of the duties of the absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained (paragraph 2 of part 1 of article 59 Labor Code of the Russian Federation)	With persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people) (paragraph 2 of part 2 of article 59 of the Labor Code of the Russian Federation)
For the duration of temporary (up to two months) work (paragraph 3 of part 1 of article 59 of the Labor Code of the Russian Federation)	With old-age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of Russia, are allowed to work exclusively of a temporary nature (paragraph 3, part 2 Art.59 of the Labor Code of the Russian Federation)
To perform seasonal work, when, due to natural conditions, work can only be performed during a certain period (season) (paragraph 4 of part 1 of article 59 of the Labor Code of the Russian Federation)	With persons applying for work in organizations located in the Far North and equivalent areas, if this is associated with moving to the place of work (paragraph 4 of part 2 of article 59 of the Labor Code of the Russian Federation)

Attention! Additional grounds for concluding a fixed-term contract with separate categories personnel - professional athletes and coaches - contains Art. 348.2 of the Labor Code of the Russian Federation.

When drawing up a temporary employment contract, be sure to indicate the reason for the urgency. First, make sure that it is included in the list (Article 59 of the Labor Code of the Russian Federation), otherwise it will be difficult to avoid the GIT's prescriptions and fines. Sistema Kadry experts have prepared for you convenient table: Download, keep it handy and check as needed. Unfortunately, mistakes are made in the execution of every second fixed-term contract.

If the specified reason for urgency does not meet legal requirements, the supervisory authorities may decide that the contract was concluded inappropriately and apply penalties to the employer. In the "Personnel System" - full list of penalties .

The company "Alpha" concluded an employment contract for 1 year with the watchman N. and justified the urgency of the temporary registration of the employee at the place of residence. During a routine inspection, the inspector drew attention to the illegality of such a justification. As a result, the employer had to pay a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 30,000 rubles, and employment through the court was recognized as indefinite. Now the watchman N. works in "Alpha" on a permanent basis.

It is important for the employer to have evidence that the employee is hired on a fixed-term employment contract on the basis of own desire... This is necessary in order to confirm the main condition for concluding an urgent contract in the event of possible conflict situations - the voluntary consent of both parties.

Paperwork when concluding a fixed-term employment contract

After signing the contract, the employer must draw up 3 more documents. We will tell you how.

Issue a job order... Such an order can be free-form or correspond to Form No. T-1. The order must indicate the date of completion of the employment contract. If such a date cannot be determined, it is necessary to indicate an event with the onset of which the employment contract will be considered terminated.

Enter employment records in the work book... The information in the columns of the document must be correlated with other executed documents, including a fixed-term contract and an order for employment. At the same time, an indication of the urgent nature of employment is not made in the work book.

Issue a personal employee card... In the event that Form No. T-2 is used for this document, an indication of the temporary type of employment is made in the "Nature of Work" section. Section III "Hiring, transfers to another job" repeat the entry made in the work book. The employee must be familiarized with this record against signature.

The maximum term for concluding a fixed-term employment contract

A fixed-term employment contract is concluded for up to five years (part 1 of article 58 of the Labor Code of the Russian Federation). The minimum threshold is not established by law, so hiring a temporary worker for a couple of months or even weeks is possible, but for five years and one day it is no longer possible.

More about the terms of a fixed-term employment contract:

Attention! By general rule fixed-term employment contracts are not renewed, but an exception has been made for three categories of workers - athletes, university employees and pregnant women.

A fixed-term employment contract is drawn up as an exception, when labor relations cannot be established on a permanent basis, for a period of up to five years. If the validity period is not specified, the employment will be considered indefinite. If the deadline is set without sufficient grounds, the employer faces a fine and a retraining of the contract in court.