Temporary employment contract. Fixed-term employment contract: what are its features

Date: 15.10.2019

Temporary employment contracts are classified as fixed-term contracts. Without the conclusion of an appropriate employment contract, it is impossible for the hired employee to retain his rights and obligations. Due to the lack of an official document, in the event of disputes in court, it will be quite difficult to prove a violation of the current Labor Code country.

Conclusion of a temporary employment contract. Peculiarities

Temporary labor contract has its fundamental differences. First, it is time bound. This is its main difference from a permanent employment contract. Also, a temporary employment contract is of a one-time nature and, as a rule, is concluded for a couple of months. The conclusion of a temporary employment contract is relevant in the following cases:

If a permanent employee goes on vacation
For the duration of an employee of the alternative service
When providing services abroad
If the job is seasonal
For internship
During the illness of the main employee
When appointed to a position on a probationary basis
To do a certain type of work

A temporary employment contract must contain the following items and information:

Company details. These include the legal address, the name of the organization, the details of the employer, contact information.
Employee's personal information. We are talking about a passport, address, date of birth, SNILS number.

When hiring an employee for a while, it is better to conclude a fixed-term employment contract. Such a document indicates exactly the period for which a seasonal employee is needed. What should be written in a workbook? When can a seasonal worker go on vacation? And how is the dismissal of a temporary specialist? Hints are in our article.

Situations when there is a need for a temporary worker may be different. Suppose you need to carry out some work, but there is no person with the proper qualifications in the state. Or, say, a specialist fell ill for a long time, an employee went on maternity leave. The way out is to hire a temporary worker. But what kind of contract can be concluded in this case?

There are two options: to issue a civil law contract with a temporary worker (for example, a contract) or a fixed-term employment contract.

A contract is usually concluded when it is necessary to perform a strictly defined amount of work. And the hiring organization will be able to estimate and specifically describe such a volume in the contract. However, there are certain risks associated with contracting. Recall that the organization does not pay from payments under civil law contracts insurance premiums in the FSS of the Russian Federation (as opposed to employment contracts). Therefore, in the event of an audit, social insurance auditors will check contractual relations with particular interest. And it is possible that officials will try to recognize them as labor in order to charge additional fees and fines.

If your company is on the "simplified"

A less risky option for a company is a fixed-term employment contract. It is especially suitable in the case when the volume of work changes and it is difficult to predict it in advance. Including due to seasonality or some kind of sales, promotions, when full-time employees are not enough. The convenience is that in such an agreement it is possible to prescribe exactly the period for which an additional specialist is needed. This type contracts and discuss in more detail.

Important detail

A fixed-term employment contract is suitable in the case when the volume of the proposed work is difficult to predict in advance.

Things to keep in mind when entering into a fixed-term employment contract

A complete list of situations when an employer can conclude a fixed-term contract is in Article 59 of the Labor Code of the Russian Federation. Among other things, the following cases are mentioned in this list:

a temporary employee is hired to fill in the duties of an absent regular employee;
an employee is needed to perform temporary work (up to two months) or seasonal;
an employee is hired to work part-time by agreement of the parties.

In the contract, it is important to prescribe a specific period of work. The exact date of termination of the contract is rarely written, more often they refer to some event - depending on what caused the need for a temporary worker. For example, if a person is taken to replace an employee raising a baby, the phrase in the contract can be formulated as follows: “This contract is concluded for the period of leave to care for a child under the age of three, accountant A. L. Kazakova.” At the same time, the absent employee, of course, retains her place of work.

A fixed-term employment contract will cease to be valid when the period specified in it expires. Or an event will come to which such a period was tied.

The fact that the term of the contract expires, it is necessary to notify the temporary worker in writing three calendar days before his dismissal. This is required by article 79 of the Labor Code of the Russian Federation. But this can only be done if the contract specifies a specific period of validity of the contract or date. If it is impossible to accurately determine the date when the temporary worker will be fired, it is not necessary to warn him in advance.

And if, at the end of the contract, none of the parties demanded to terminate the contract, and the involved specialist continues to work, then the fixed-term contract is automatically extended. In other words, it turns into an indefinite one (Article 58 of the Labor Code of the Russian Federation).

Now about the probationary period for temporary workers. Here you need to remember the following. If a fixed-term contract was concluded for a period of up to two months, the employer cannot establish a test for the applicant at all. And if the term of the contract is from two to six months, it is possible to check a person for professional suitability only within two weeks. In other cases, when a person is hired for more than six months, there are general rules: the test period can be prescribed in the contract within three months.

Under what conditions can a temporary worker work?

Terms of a fixed-term employment contractFor what reason did you need a temporary workerseasonal work temporary absence of the main employee certain work when it is impossible to set a deadline * other temporary work

Contract term	Up to six months inclusive (a list of seasonal work, for which a longer period can be provided, is established by industry agreements)	The contract is valid until the permanent employee starts working	The term ends as soon as the employee completes the work	By agreement of the parties to the contract
Possibility to extend the term		Not		Yes, if none of the parties demanded to terminate the relationship under an employment contract
Maximum working hours under the contract	Regardless of the reason for concluding a fixed-term employment contract - 40 hours a week
Maximum probation		Three months		If the term of the contract does not exceed two months, then the test is not established. Two to six months - a maximum of two weeks. Otherwise, the maximum probationary period is three months.
Dismissal at the initiative of the employer during the probationary period	The employer can dismiss on his own initiative, without waiting for the end of the probationary period. In this case, you need to notify the employee in writing three days, indicating the reasons
Vacation days	Two business days per month	28 calendar days per year		If the term of the contract does not exceed two months, then two working days per month. In other cases - 28 calendar days per year
Early dismissal at the initiative of the employee	An employee may resign on his own initiative by giving three calendar days' notice.	An employee may resign on his own initiative with a two-week notice. If the dismissal occurs before the end of the probationary period, then three days		If the term of the contract does not exceed two months, then the employee must notify of early dismissal three calendar days in advance. In case of dismissal during the test at the initiative of the employee, the period is the same. Otherwise, two weeks

* If you need a person to perform a one-time assignment, you can conclude a civil law contract with such an applicant (for example, a contract).

What to write in a work book

The fact of temporary work must be reflected in the work book of the employee. As in a normal situation, the basis will be the order of the head of employment under a fixed-term employment contract. If later they decide to leave the “conscript” at work on a permanent basis, a record must also be made about the transfer. We have provided a sample of filling out a labor for a temporary worker below.

Filling out the work book of a temporary worker

Is it possible to extend the term of the contract and how to do it

Suppose a person works under a fixed-term employment contract concluded for the duration of the vacation of the main employee. And now the full-time employee is soon coming out of vacation, and the employer needs the “conscript” to work for some more time. But not on a permanent basis, but again temporarily. How to arrange it?

It is possible to extend a fixed-term employment relationship. To do this, it is necessary to conclude an additional agreement to the employment contract. Here are a couple of tips on how best to do it.

Carefully!

Rostrud does not object to companies extending fixed-term employment contracts. However, it is better to write in the agreement that the initial period is changed, not extended.

Council the first. In the agreement, indicate that the parties agreed to change the term, and not to extend it. The fact is that the law allows extending the term in such a situation only if the temporary employee becomes pregnant (part 2 of article 261 of the Labor Code of the Russian Federation). But Article 72 of the Labor Code of the Russian Federation allows you to change the terms of the employment contract. Therefore, it is best to use the wording "time change".

Tip two. Discuss with the employee all the conditions for changing the term no later than three days before its expiration. Then you will have time to notify the person about the expiration of the initial period, if he suddenly does not agree to the conditions offered to him. Otherwise, if the deadline is missed, the employee has the right to continue working on a permanent, and not on a temporary basis (Article 58 of the Labor Code of the Russian Federation).

The main thing to remember

1. Usually, a fixed-term employment contract is concluded if it is necessary to replace a temporarily absent main employee. And also during the period of seasonal work or to perform a specific task.

2. It is important to notify the temporary worker that the contract is expiring. If this is not done, the contract becomes indefinite. That is, a person can continue to work on a permanent basis.

Svetlana Ampleeva, chief editor of the Glavbukh magazine

Hello! Today we will talk about hiring on a fixed-term employment contract. The features of such an agreement are detailed 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 contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relationships have an agreed end date, unlike the usual one.

Download the form, a sample fixed-term employment contract
Download Sample Order for Employment under a Fixed-Term Employment Contract

Fixed-term and perpetual contracts - what is the difference

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

Indicator	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, added to the order
Reason for confinement	Not specified	Required in order
Worker task	The employer constantly assigns new tasks	The task is one-time and specific
Social guarantees for an employee	Provided by the Labor Code (sick leave, vacation, etc.)	Similar to BTC, if STD has not yet expired at the time of the guarantee period
State attitude	It is perceived as a guarantee of a stable income for the population and the prosperity of the economy	A possible source of risk in the form of abuse by the employer. Maximum

However, the employer is not always free to choose which type of contract to offer to the applicant, since in some paragraphs 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 necessary to register an employee according to 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 features, as well as the inability to know the end date of the activity.

We list the main cases:

During the absence of a permanent employee (for example, due to maternity leave);
When sending an employee to work abroad;
In case of temporary transfer of an athlete to another employer;
If the employing organization itself was 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 sent to public works;
If the employee is a vice-rector of a higher educational institution;
If citizens are undergoing alternative civilian service;
When elected for a fixed term as a member of an elected body.

In what cases is it possible to register an employee under STD, but not necessarily

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

The employer may conclude it with persons under the following circumstances:

Small businesses with no more than thirty-five employees;
An employee of retirement age, as well as if, according to the doctor's prescription, he can only be in a temporary job;
Work in the conditions of the Far North and is associated with moving there;
To eliminate the consequences of catastrophes, epidemics, accidents, as well as to prevent these events;
People of creative professions (filmmakers, media journalists, theater and circus artists);
Full-time employee in 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-time workers;
Deputy positions of scientific and pedagogical employees in a higher educational institution;
Persons invited to the coaching position to prepare the wards for the competition.

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

How to 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 completion of all documents. In general, employment according to STD does not differ from the traditional one, but has several features.

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

Passport or other identity document;
Work book (if the work is the first, the employer does not have the right to ask the employee to bring an empty book, as it is a document of strict accountability. It must be entered by the employer himself);
Insurance certificate of state pension insurance (SNILS);
Documents of military registration - for persons liable for military service;
Document on education or qualification;
Certificate of non-conviction.

Strictly according to the Labor Code, the employer is not entitled 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, public catering, and others).

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

Stage No.	Document	Fill 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, stored in the employee's personal card
	Labor contract	An indispensable condition is that the contract must specify 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 order for employment
	The order of acceptance to work	Fill out a printed form T-1 (single person) or T-1a (multiple). 2 dates are entered in the "date" cell - "from" and "to"	It is necessary to mark the event as the end of the contract if its calendar date is unknown. For example, "upon completion of the collection of apples in the orchards"
	Employment history	The employment record does not differ from the BTC record - “temporality” is not reflected in any way	"Urgency" will be reflected later, upon dismissal, through a record mentioning expired agreements
	Employee's personal card	The card has a unified form T-2	After reviewing the entry in the work book and personal card, the employee signs on the 2nd and 3rd page of the card
	Add. employment contract agreement	optional step. Compiled if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into an open-ended contract.

V without fail even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, as well as confirm your familiarization with a signature in the appropriate journal.

The employment contract, order and work book are registered in the relevant 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 head or chief accountant). However, with STD, the conditions are somewhat different, given the possible short duration of work.

Unless otherwise provided, the trial period remains the standard of 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 a two-week period;
If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we have analyzed 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 more confidently lead their company to success.

The Labor Code provides for the right of the employer to conclude fixed-term employment contracts with outside employees. But you can’t just conclude for a certain period, for this there must be good reasons, named in Art. 59 of the Labor Code of the Russian Federation. It is sometimes difficult for an employer to figure out which basis to apply in a particular case. In this article, we will consider one of the grounds for concluding a fixed-term employment contract - the performance of temporary (up to two months) work, drawing your attention to some of the nuances.

Temporary job

By virtue of Art. 59 Labor Code of the Russian Federation a fixed-term employment contract is concluded: in the cases listed in its first part, when labor relations, taking into account the nature of the work, cannot be established for an indefinite period; and by agreement between the employee and the employer, regardless of the nature of the work - the grounds for concluding such a fixed-term contract are listed in the second part of the article. Cases of concluding a contract of this type may be established by other federal laws.

So, a fixed-term employment contract for the duration of temporary (up to two months) work has two distinctive features:

It is concluded only when the assigned work is temporary.
The duration of work is limited to two months.

What is a temporary job? The Labor Code does not explain what kind of work is considered as such. But in this case, we mean work that is not performed on a permanent basis. That is, it is impossible to conclude an agreement on this basis, for example, for the duration of the absence of an employee who is on the staff of the organization - then the basis for concluding a fixed-term employment contract will sound differently: “Fulfillment of the duties of a temporarily absent employee who retains his job.”

For your information:

According to Decree of the Presidium of the USSR Armed Forces dated September 24, 1974 No.311-IX "On the working conditions of temporary workers and employees", which is still valid today in the part that does not contradict the Labor Code of the Russian Federation, temporary workers were recognized as workers and employees hired for a period of up to two months or to replace temporarily absent employees who retain their place of work (position) for a period of up to four months .

Temporary work includes construction or finishing work, preparation of various projects or reports, development of computer programs, etc. Do not confuse them with such grounds provided Part 1 Art. 59 Labor Code of the Russian Federation, how:

carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning, etc.), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
execution is known certain work in cases where its completion cannot be determined by a specific date - since, unlike the indicated grounds, the period for performing temporary work is limited and can be no more than two months.

This nature of the work is also mentioned when a fixed-term employment contract is concluded with persons sent by the employment service authorities for temporary work and public works. The procedure for sending citizens to temporary work is regulated by an administrative regulation approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 28, 2007 No.449 (Further - Regulations). According to clause 55 of the Regulations on the basis of agreements joint activities on the organization of temporary employment (concluded between the executive authorities, local government, employers and the employment center) an employee of the center selects a suitable job for temporary employment of minors and unemployed citizens on the basis of information provided by employers on production opportunities, the number of jobs created, the required number of employees, the location and nature of work, the timing of their start and end, etc.

For your information:

Public work is understood as labor activity that has a socially useful orientation and is organized as an additional social support citizens, job seekers (Art. 24 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation» ). At the same time, public works do not include activities related to the need for urgent elimination of the consequences of accidents, natural disasters, catastrophes and other emergencies and requiring special training of employees, as well as their qualified and responsible actions in the shortest possible time.

There are no restrictions on the duration of temporary and public works. They can also last less than two months, but the basis for concluding a fixed-term employment contract will be the direction of persons by the employment service authorities for temporary work and public works.

Employing a temporary worker

Registration labor relations with such an employee is carried out on the general basis provided for by labor legislation for employment. When applying for a job, the employee presents all Required documents, the list of which is established Art. 65 of the Labor Code of the Russian Federation. Then it concludes, which indicates the mandatory conditions defined Art. 57 of the Labor Code of the Russian Federation, in particular, the period of validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. As for the very condition on the temporary nature of work, the Labor Code of the Russian Federation does not require it to be included in an employment contract with a temporary worker (unlike concluding an employment contract with seasonal workers - in it, according to Art. 294 of the Labor Code of the Russian Federation there should be a condition about the seasonal nature of the work).

In addition, the contract should indicate whether the temporary work for the employee is the main one or part-time.

Let's take an example.

Employment contract No. 13/s

State educational institution "Special Professional institute No. 2 of Samara" (GOU SPU No. 2), hereinafter referred to as the "Employer", represented by the director Malysheva Elena Viktorovna, acting on the basis of order No. 57 dated April 11, 2010, on the one hand, and Kovalev Artem Sergeevich, hereinafter referred to as "Employee", on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired for a temporary job by the Employer as a software engineer.

1.2. Work at the Employer is the main place of work for the Employee.

1.3. This contract is concluded for a fixed period for the period of temporary installation work. software according to the terms of reference (Appendix 1 to the employment contract) and is valid from April 02 to May 14, 2012.

1.4. The immediate supervisor of the Employee is the director of GOU SPO No. 2.

1.6. If the Employee does not start work within the period specified in clause 1.5 of this employment contract, then the contract is canceled in accordance with Part 4 of Art. 61 of the Labor Code of the Russian Federation.

When drawing up a fixed-term employment contract for the performance of temporary work, you can specify not the specialty (profession), but the specific type of work assigned. For example: "The employee is hired for the period of temporary work on software installation."

We draw the attention of the employer to the following point: according to Art. 67 of the Labor Code of the Russian Federation if the employer does not draw up a fixed-term employment contract in writing within three days from the date of the actual admission of the newcomer to work, it will still be considered concluded. Moreover, the employer may not prove that he accepted the employee on a temporary basis, and he will be considered accepted on a permanent basis.

So, on the basis of an employment contract, the employer issues an order (instruction) on hiring (forms T-1, T-1a), and the personnel officer makes an entry in the employee's work book if he is hired at the main place of work. If the employee is hired part-time, a record of work is made at the main place of work at the request of the employee ( Art. 66 Labor Code of the Russian Federation).

Note:

The condition that the employee was hired under a fixed-term employment contract is not indicated in the work book.

When making an entry in the work book, it is better to write not “Accepted as a software engineer”, but “Accepted as a software engineer”, because according to Decree of the Ministry of Labor of the Russian Federation dated 10.10.2003 No.69 "On approval of the Instructions for filling out work books» records about the name of the position (job), specialty, profession, indicating qualifications are made, as a rule, in accordance with staffing organizations, and the performance of temporary work for up to two months provides for work outside of positions according to the organization's staffing table.

Note that when hiring for a temporary job, the employer cannot set the employee ( Art. 289 of the Labor Code of the Russian Federation).

When hiring a temporary employee, do not forget to submit information about those liable for military service. The obligation to send, within two weeks from the date of employment (dismissal) to the military commissariats, information about citizens subject to military registration, about their acceptance or dismissal from work, established Decree of the Government of the Russian Federation dated November 27, 2006 No. 719 "On approval of the Regulations on military registration» , does not depend on whether a fixed-term or open-ended employment contract is concluded with the employee.

Some features of the labor activity of temporary workers

The Labor Code establishes some features of working time and rest time for workers in this category. Yes, due to Art. 290 of the Labor Code of the Russian Federation persons who have concluded an employment contract for a period of up to two months may be involved within this period, with their written consent, to work on weekends and non-working days holidays. Such work is compensated in cash at least twice.

That is, in contrast to permanent workers, who, by virtue of Art. 153 of the Labor Code of the Russian Federation for work on a weekend or holiday, another day of rest may be granted; temporary workers are not granted this right. But they, like permanent employees, have the right to leave. The number of vacation days is set Art. 291 of the Labor Code of the Russian Federation, its maximum duration is four working days. And if the employee decides to use the leave at the end of two months of work, the term of the employment contract will be more than two months. There is no need to worry about this, because Art. 127 TK RF in case of dismissal due to the expiration of the term of the employment contract, leave with subsequent dismissal may also be granted when the time of leave completely or partially goes beyond the term of this contract.

If the employee did not use this right, he is provided with financial compensation at the rate of two working days per month of work. It is calculated based on the average daily earnings, which is determined by the rules Part 5 Art. 139 of the Labor Code of the Russian Federation.

Work is done

According to Art. 79 Labor Code of the Russian Federation a fixed-term employment contract is terminated due to the expiration of its validity period. The employer must notify the employee in writing of the expiration of this period at least three calendar days before the dismissal, except in cases where the term of the fixed-term employment contract concluded for the duration of the duties of the absent employee expires, in which case the contract is terminated with the release of this employee.

Like any employment contract, a fixed-term contract can be terminated before its expiration at the initiative of the employee, employer, due to circumstances beyond the control of the parties (liquidation, staff reduction, etc.), or by agreement of the parties.

Article 292 of the Labor Code of the Russian Federation established a special procedure for terminating a contract with a temporary worker. So, if he wants to quit before the expiration of the contract, he is obliged to warn the employer in writing about early termination three calendar days in advance.

If the last day of the term falls on a non-working day, then the day of the end of the term in accordance with Art. 14 of the Labor Code of the Russian Federation is considered the next working day following it.

The employer is obliged to notify the employee who has concluded an employment contract for a period of up to two months in writing against signature at least three calendar days in advance about the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of employees. A person who has entered into such an agreement is not paid severance pay upon dismissal, unless otherwise provided by federal laws, a collective agreement or an employment agreement.

The employer should not forget that, in accordance with the general rule established by Part 4 Art. 58 Labor Code of the Russian Federation if the employee, after the expiration of two months of the fixed-term employment contract, actually continues to work and the employer has not demanded the termination of the employment contract due to the expiration of its term, then the contract is considered concluded for an indefinite period.

Conclusion

Please note: according to Part 5 Art. 58 Labor Code of the Russian Federation an employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period. Therefore, when concluding this contract, one should clearly be guided by the provisions of the Labor Code, including correctly indicating the grounds for the conclusion.

Sometimes the employer, in order to prevent any difficulties with the dismissal of employees, concludes a fixed-term employment contract with them, without really thinking about whether he has the right to do this and what consequences may arise for him as a result. And legal proceedings, inspections by regulatory authorities, fines and other material costs may follow.

As an example, consider the ruling of the Leningrad Regional Court dated February 28, 2012 No. 33-928/12.

Citizen Z. was hired by "XXX" for a period of less than two months. A fixed-term employment contract was concluded with her and an order for employment was issued, which she familiarized herself with. In addition, Z. signed an agreement with the general director of XXX that she was hired under a fixed-term employment contract. She was promptly warned that the contract concluded with her would be terminated due to its expiration. By order of the general director, Z. was fired due to p. 2 h. 1 art. 77 Labor Code of the Russian Federation after the expiration of the employment contract.

However, Z. did not agree with the dismissal and filed a lawsuit to reinstate her at work in her position, recognize the employment contract as concluded for an indefinite period, recover the average earnings for the time of forced absenteeism and compensate for non-pecuniary damage.

The court of first instance considered that “XXX” had grounds for concluding a fixed-term employment contract with Z. on two grounds: the existence of an agreement to conclude such an agreement ( Part 2 Art. 59 Labor Code of the Russian Federation) and the conclusion of an employment contract for the performance of seasonal work, which, due to natural conditions, can only be carried out during a certain period (season) ( p. 3 h. 1 art. 59). The claims were denied.

However, the court of cassation reversed this decision and satisfied Z.'s all these requirements, guided by the following:

1. Based on the testimony of the representative of “XXX”, the basis for concluding a fixed-term employment contract with Z. was that the organization was created for a certain period. However, this basis is untenable, and here's why. "XXX" concluded a contract with the State Unitary Enterprise, which is the founder of "XXX", for the provision of services for a period of one year for the provision of a range of services to ensure the activities of the dispensary, namely the organization of children's recreation, on the basis of which fixed-term employment contracts were concluded with all employees . However, as it was established by the judicial board, "ХХХ" was created to provide a range of services to ensure not only children's recreation during school holidays, but also adult recreation all year round. In addition, according to the charter, "XXX" was created to carry out the following activities: maintenance of children's, teenage and medical camps, recreation centers and boarding houses; organization and maintenance of a weekend family holiday base; construction, creation and operation of industries, cultural, household and residential facilities, etc. According to the testimony of witnesses, almost all employees of "XXX" work on the basis of fixed-term employment contracts, which, in the event of their expiration, were concluded for a new term to perform the same labor function.

2. It is clear from the materials of the case that the plaintiff's position is full-time, and after Z.'s dismissal, another employee was assigned to perform duties in this position.

The Tribunal concluded the following:

1. Signing Z. of an agreement on concluding a fixed-term employment contract without including her in the list of persons established Part 2 Art. 59 Labor Code of the Russian Federation, is not a basis for concluding a fixed-term contract.

2. There were no grounds for concluding an agreement for a period of up to two months, since the conclusion of such an agreement is allowed provided that the work is obviously temporary, that is, it is known in advance that it will last no more than two months.

3. There were no grounds for concluding a fixed-term employment contract for the performance of seasonal work, since the position of Z. (accounting officer) is not included in the special list of seasonal work introduced Decree of the Government of the Russian Federation dated 06.04.1999 No. 382 .

"On approval of the Administrative Regulations for the provision of public services for the organization of temporary employment of minors aged 14 to 18 years in their free time, unemployed citizens who have difficulty finding work, unemployed citizens aged 18 to 20 years from among graduates educational institutions primary and secondary vocational education looking for a job for the first time.

The employee is set to [five-day work week with two days off / six-day work week with one day off / work week with staggered days off / part-time work week]. 4.2. The daily work/part-time work week is [value] hours. 4.3. The start and end time of work, the time of granting a break and its duration [in the case of granting days off according to a staggered schedule - alternation of working and non-working days] are established by the internal labor regulations. 4.4. The employee is granted an annual basic paid leave of [value] calendar days. 4.5. The employee is granted annual additional paid leave lasting [value] calendar days [indicate the reason for granting additional leave]. 4.6.

Fixed-term employment contract for the period of performance of obviously defined work

For family reasons and other valid reasons, the Employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the Employee and the Employer. back to index 5.1. The employee is paid a salary of [amount in figures and words] rubles. 5.2. Additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and allowances of a stimulating nature and bonus systems, are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law.
5.3.

Employment contract for the duration of a specific job

During a period of economic difficulties, 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 work. Employers know that the Labor Code allows 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 consider the procedure for concluding a fixed-term employment contract with employees hired to perform a known work, when its completion cannot be determined by a specific date.

When concluding a fixed-term employment contract, the employer is obliged to 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 concluding a fixed-term employment contract.

We draw up a fixed-term employment contract - sample

RF [F. I. O. employee], hereinafter referred to as the “Employee”, on the other hand, collectively referred to as the “Parties”, have concluded this agreement as follows: back to the table of contents 1.1. Under this employment contract, the Employee undertakes to fulfill the duties of the profession / position [indicates work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; specific type of work entrusted to the employee] in the [place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location], and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

The employee is accepted for temporary work in the Company as.
The employee's salary is Rs. per month.
The employee during the period of work in the Company reports directly.
This employment contract is concluded for the duration of the work. The work must be completed no later than. After the expiration of the specified period, the validity of this agreement is terminated, except for the cases specified in paragraphs.

Part 6 Art. 58 of the Labor Code of the Russian Federation allows not to terminate the employment contract if the term of the contract has expired and neither of the parties has demanded the termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work. In such a situation, he is considered to be imprisoned for an indefinite period. Termination of the employment contract due to the expiration of the term is no longer possible, and the dismissal of such an employee can occur only on the general grounds provided for by labor legislation.
The rules for concluding a fixed-term employment contract proceed from the fact that the circumstances that caused the conclusion of just such an agreement lose their significance after a certain time has passed and exist only during the term of the fixed-term employment contract. In this regard, the extension of the term of a fixed-term employment contract is not provided for by law. In Art.

Fixed-term employment contract: instructions for use

Voronezh Regional Court dated January 25, 2011 No. 33-340). Conclusion of a fixed-term employment contract: determine the term The longest period for which such an agreement can be concluded, according to general principle is 5 years (Article 58 of the Labor Code of the Russian Federation). The expiration of an urgent TD is tied to a specific date or the occurrence of certain circumstances. So, if an urgent TD was contracted to perform work, exact date the end of which cannot be ascertained, the contract will be considered terminated upon completion of such work.
Another option is when an urgent TD is signed with an employee who is hired by an organization created for a predetermined period or to achieve a set goal. In this situation, the termination of an urgent TD is possible only in the event of the actual termination of the organization's activities without the transfer of its rights and obligations in the order of succession (clause 14 of Resolution No. 2).

For example, it is concluded 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 implementation, unless otherwise provided by the Labor Code of the Russian Federation and federal laws (Article 58 of the Labor Code of the Russian Federation). In other words, the main condition for concluding a fixed-term employment contract is the objective impossibility of establishing a permanent employment relationship. Part 8 Art. 58 of the Labor Code of the Russian Federation prohibits the conclusion of fixed-term employment contracts in all cases when the employer expects in this way to avoid providing employees with all the rights and guarantees that are provided for by law for those working under an open-ended employment contract.

Article 59 of the Labor Code of the Russian Federation provides an open list of cases in the presence of which it is possible to conclude fixed-term employment contracts with employees.

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

The Labor Code of the Russian Federation is about transforming a fixed-term employment contract into a contract with an indefinite period of validity. An employment contract concluded for the duration of the performance of the duties of an absent employee may be terminated in connection with the return of this employee to work. In this case, the day of dismissal will be considered the day the temporarily absent employee returns to work.

Subject to the rules h. 4 Article. 58 of the Labor Code of the Russian Federation, the continuation of labor relations after the specified date, as well as the absence of a written notice of dismissal (three days in advance) indicate the continuation of work, moreover, under an employment contract concluded for an indefinite period. In the event of such situations, the employer has two employees in one position, which can lead to a reduction in the number or staff of the organization.

Sample fixed-term employment contract for the performance of a specific job

The legislator established the rule that a fixed-term contract should be concluded only if there are sufficient grounds for this, i.e. in cases where it is impossible to conclude an agreement for an indefinite period. This rule indicates that if the body exercising state supervision and control over compliance with labor legislation, or the court establishes that the employment contract has been concluded for a definite period without sufficient grounds, then the fixed-term employment contract will be considered concluded for an indefinite period. In other words, the urgent nature of the employment contract can be challenged in court or the state labor inspectorate.
In the Resolution of the Plenum Supreme Court RF “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that, since Art.

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

All changes and additions to this employment contract are formalized by a bilateral written agreement.

In all other respects that are not provided for by this agreement, the parties are guided by the current legislation.
The Parties are guided by the internal regulations of the Company (Regulations on Personnel, internal labor regulations, etc.) only if the Employee is familiarized with them against receipt.
Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by applicable law.
The Agreement is made in 2 copies, having the same legal force, one of which is kept by the Company, and the other by the Employee.