The nature of the work under a fixed-term employment contract. How and with whom you can conclude a fixed-term employment contract. Vacations and sick leave

Upon expiration of the employment contract, the employer is obliged to promptly dismiss the employee or renew the agreement with him. How to dismiss an employee correctly, without violating his rights, what documents need to be drawn up - step-by-step instruction upon dismissal of a fixed-term employee.

Dismissal at the end of the employment contract is the termination of the employment relationship between the employer and the contractor due to the end of a fixed-term contract.

All actions related to the procedure for such dismissal are described in Art. 79 Labor Code of the Russian Federation.

According to legislative act, the dismissal of a fixed-term employee must be carried out in a timely manner, since otherwise employment contract will be considered extended for an indefinite amount of time and in this case, compelling reasons will be needed to dismiss the employee. In this case, changes will have to be made to the employment agreement, since there will be completely different grounds for cooperation.

Important: The entire dismissal procedure should begin by notifying the employee 3 days before the end of the employment contract.

It should be remembered that:

1. If this date falls during the sick leave period, then it will not be postponed, and the sick leave must be paid in full for all days the employee is on it, even if he has already been dismissed;
2. When the required amount of work is completed, the end date of the contract is the date of complete completion of the specified amount;
3. In the case of a contract with a temporarily established enterprise, the employment relationship terminates on the day of liquidation of the company;
4. When replacing a temporarily absent employee, labor contract terminates on the day he returns to work, there is no need to notify the employee;
5. When performing seasonal work, the contract terminates upon the end of the specified period; in this case, the employer is not obliged to notify the employee.

An employee working under an expiring employment contract, unlike the employer, is not obliged to do anything; he has the right to not go to work at all without notice at the end of the term, and the employer does not have the right to punish him. If management has a desire to extend cooperation, it is necessary to invite the employee to draw up an annex to the employment contract.

Rules for dismissal upon expiration of the employment contract - step-by-step instructions 2017 – 2018

To avoid any complications in case of rupture labor relations Every employer must act in accordance with the requirements of the law.

To dismiss an employee upon expiration of the contract period, follow the following step-by-step instructions:

Step 1. Giving the employee notice 3 days before termination of the employment contract.

This notification is supposed to be drawn up in a free style in 2 copies, the original for the employee, and a copy for filing in a personal file, on which the employee must sign indicating the date of receipt of the notification.

If a fixed-term employee replaces an absent one, then there is no need to warn about the expiration of the validity period. The contract automatically terminates when a permanent worker appears at work.

Sample notification:

Step 2. Drawing up an acceptance certificate - if the employee was obliged to complete a scope of work under a fixed-term employment contract, then it is necessary to draw up an act of delivery of this work in 2 copies, and the copy intended for the employer is filed in the employee’s personal file.

To draw up a document, it is permissible to use a unified form or take it as a model.

Step 3. Issuance of a dismissal order.

The document is drawn up using the unified form T-8 or T-8a - for several employees.

The document should indicate the basis for severing the relationship - the expiration of the employment contract under clause 2 of Article 77 of the Labor Code of the Russian Federation, also indicate the period for the end of the contract and the details of notifying the employee about the end of the legal relationship.

Important: the use of unified forms, according to innovations in legislation since 2013, is not mandatory, which makes it possible for an enterprise to generate accounting documents according to its characteristics, however, it is necessary to adhere to the application of the main points.

Sample dismissal order:

Step 4. Signature of the order by the employee.

The employer must familiarize the employee with the document in relation to whom it was issued - a copy is filed in the file.

Step 5. Calculation of amounts due to be paid to the employee.

Step 6. Entry in your personal card.

The grounds for dismissal due to the expiration of the employment contract are transferred from the order to last section T-2 cards.

Step 7. Sign up for work book.

It is necessary to indicate that the employment agreement terminated due to the expiration of the term and make reference to clause 2 of Art. 77 of the Labor Code of the Russian Federation - by analogy with recording a dismissal order.

Important: if the end date of the employment contract falls on a holiday or weekend, you must indicate the first working day after them.

Step 8 Dismissal of an employee with delivery necessary documentation and proper payment, while he must put his signature on the personal card and in the work record book.

Calculation of a fixed-term employee upon dismissal

An employee working under a fixed-term contract must pay all due compensation for vacations not taken.

All step by step order and the nuances of payments, the amount of which depends on the term of the employment contract, are described in the Labor Code of the Russian Federation.

Wherein:

• An employee who has signed a fixed-term contract valid for up to 2 months has the right to compensation for vacation if he has worked at the enterprise for more than 15 days.

In this case, when calculating, the amount of months worked is multiplied by 2 and the resulting figure is multiplied by the average daily earnings.

If a fixed-term worker worked for less than 2 weeks, such days are not taken into account in the calculation, but if more, then the number of days corresponding to a full month is taken into account.

• An employee who has entered into a fixed-term employment contract for a period of 2 to 11 months receives compensation using the same calculation procedure as before, but the amount will be different.
• In the case of a fixed-term contract for a period of more than 11 months, a coefficient of 2.33 is used in the calculation, and it is necessary to subtract the number of vacation days used.

Pay monetary compensation and all earnings to the dismissed person upon expiration of the employment contract must be made on the day of the employee’s dismissal in accordance with the law.

Is it possible to fire a pregnant woman under a fixed-term employment contract?

During urgent cooperation with a woman, it may happen that after this period she becomes pregnant, then the employer will not be able to fire her in the event of:

• Her writing of a corresponding statement;
• The employee provides a medical certificate confirming the diagnosis.

In this case, dismissal of a pregnant woman is impossible and the employer is obliged to extend the fixed-term employment contract until the end of the pregnancy, regardless of its outcome.

The date of dismissal in this case will be:

• When granting maternity leave, its last day;
• If leave is not granted within a week after the end of pregnancy.

Important: Parental leave is not provided.

Maternity benefits upon timely registration and upon the birth of a child are paid in accordance with legal requirements.

When can you fire a pregnant woman?

At the same time, the employer has the opportunity to dismiss a pregnant employee due to the expiration of a fixed-term employment contract, subject to the following conditions:

1. This employee was hired to replace an absent specialist;
2. Transferring a female employee to lighter work with her consent is unacceptable.

During such dismissal, the employer is obliged to offer the pregnant employee all existing vacancies corresponding to her qualifications or a rank lower, with corresponding pay or an order of magnitude lower.

After termination of a fixed-term employment contract due to its expiration and full settlement with the employee, the employer is not obliged to urgently notify the Pension Fund, since the report for this will occur at the end of the reporting period, however, if desired, instant notification is available.

It should also be remembered that cooperation on an urgent basis is fully prescribed by law, which requires its proper implementation.

Questions and answers on the topic of dismissal of fixed-term workers in 2018

Question 1: The employment contract expires on a day off. Is it possible to file a dismissal on a day off?

Answer: The main thing is not to infringe on the rights of the employee. It would be correct to formalize the dismissal on the next working day.

Question 2: We have an employee on a fixed-term contract who reported that she was pregnant. Is the company obliged to accrue and pay maternity benefits to her?

Answer: The employer is obliged to extend the term of the contract and pay a lump sum allowance for early registration and maternity benefits. The only exception is replacing an absent person and returning to work. In this case, even a pregnant woman quits. If, due to her condition, she cannot work at her previous job until maternity leave, then the company must offer others vacant positions, on which she can work.

Question 3: I was hired for a limited period, but I did not find an expiration date in the employment contract. What does it mean?

Answer: This means that the employment contract is of unlimited duration. Oral agreements have no force in this case, the content of the contract is important, and if it does not have a validity period in any form (completion of work, departure of a permanent employee, a specific date or a certain period), then it is recognized as unlimited. They do not have the right to fire you under clause 2 of Article 77.

Question 4: By e-mail I received 3 days notice from my employer about my dismissal - my employment contract is expiring. After 3 days I was fired under clause 2 of Article 77. Are the employer's actions legal?

Answer: The notification must be in writing, on which you must sign your visa for inspection. The electronic version does not confirm the employer’s fulfillment of the obligation to inform the employee about dismissal. You have the right to go to court, which will demand that you be reinstated in connection with a violation of labor laws - the employer will not have written confirmation of the notice with your signature.

Question 5: We missed the end of the contract with the employee; he is still working. How can I fire him now?

Answer: If the deadline is missed, then the employment contract becomes indefinite. An employee can be dismissed only on general grounds.

Question 6: The fixed-term worker is pregnant, but she did not submit an application to extend the contract and did not bring a certificate. Can she be fired?

Answer: The situation is not unambiguous; there is practice of different court decisions. On the one hand, the extension is carried out on the basis of an application and a certificate. On the other hand, this situation is precisely described in the Labor Code of the Russian Federation and is an obligation for the employer. Perhaps the employee does not know about her rights, you need to inform her about this. It is possible that after dismissal she finds out that she could have continued working and received maternity leave, and will go to court to protect her rights. The court's decision may be on her side.

Question 7: Is it possible to dismiss an employee due to the end of a fixed-term contract if he is on sick leave?

Answer: Yes, you can. But sick leave must be paid in full.

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The term for which the contract is concluded is the duration of the contractual obligations of the parties. Depending on the duration of the term, contracts are divided into one-time, short-term, long-term, and unlimited. Particular importance is attached to specifying the term when concluding an employment contract. It is in the interests of the employee to enter into a long-term employment relationship with the employer, therefore the Labor Code establishes that, in the general case, it should be concluded for an indefinite period.

When can you conclude a fixed-term employment contract?

Situations in which a fixed-term employment contract is concluded are given in Article 59 of the Labor Code of the Russian Federation. The grounds on which the term of an employment contract is specified can be divided into two groups:

• the employment relationship cannot be established for an indefinite period due to the nature of the work or the conditions of its performance;
• The parties, by mutual agreement, establish a certain period of validity of the employment contract, but only in cases permitted by law.

Please note: an employee cannot initiate the conclusion of a fixed-term contract if the grounds given in Article 59 of the Labor Code of the Russian Federation are not available. Even if the employee knows in advance how long he will work in this place (for example, he will move to another city), the employer must still enter into an open-ended employment contract.

The list of situations in which a fixed-term employment contract is concluded is incomplete, i.e. additional grounds may be accepted federal laws. When specifying the term in the employment contract, be sure to indicate the reason why it is urgent. The remaining mandatory conditions of a fixed-term contract are no different from an open-ended contract.

The entry is made in the usual manner, but the period for which the employee is hired is not indicated. However, upon dismissal, an entry stating that the employment contract has been terminated due to its expiration must be made.

For what period can a fixed-term employment contract be concluded?

The longest term of an employment contract is five years; the minimum term is not established by law. Theoretically, it is possible to conclude a fixed-term employment contract for one day, but in this case it is easier to formalize the relationship with the employee in the form of a civil contract.

You can specify in the employment contract the expiration date by a specific date or by indicating a specific event. For example, if it is unknown when a permanent employee will return to work, the period in the contract can be specified as “For the period of temporary disability of a permanent employee who retains his job” or “Until the main employee returns to his work duties.”

It is not allowed to enter into a fixed-term employment contract multiple times to perform the same job function (with the exception of teachers and athletes). Such an agreement can be reclassified as an open-ended one, and the employer can be brought to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation (fine up to 100 thousand rubles for organizations and up to 20 thousand rubles for individual entrepreneurs).

An exception is the situation when an employee under a fixed-term contract replaced a permanent employee, and after his departure, another fixed-term contract for the same job function was concluded with the temporary employee. For example, for a while maternity leave The seller accepted the permanent worker, and when he returned to work, a fixed-term contract was again concluded with the temporary worker, by his consent, but with different dates.

It will also not be considered a violation of labor legislation to repeatedly conclude a fixed-term employment contract with the same person and for the same position if the contract is concluded with a director re-elected in the manner prescribed by the charter.

Termination of a fixed-term employment contract before expiration

The fact that the parties entered into an employment contract with a specified period does not mean that it cannot be terminated earlier. For termination of a fixed-term contract, the same grounds for termination exist as for an open-ended one:

• agreement of the parties - Article 78 of the Labor Code of the Russian Federation;
• employee initiative - art. 80 Labor Code of the Russian Federation;
• employer's initiative Art. 81 Labor Code of the Russian Federation.

In addition, a fixed-term contract can be terminated based on the results of the test (Article 70 of the Civil Code of the Russian Federation). Install probation when concluding a fixed-term employment contract, it is not always possible. This possibility depends on the exact period for which the contract is concluded and for what work:

• for temporary work, as well as in the case of any other engagement of an employee for a period of up to two months, a probationary period is not established at all;
• for seasonal work, and if the contract period is from 2 to 6 months, the probationary period cannot be more than two weeks;
• if the contract is concluded for a period of more than six months, then the probationary period should not exceed three months or six months for certain categories of employees (managers and their deputies, chief accountants and their deputies).

In addition, regardless of the term of the employment contract (fixed-term or indefinite), a probationary period is not established for pregnant women, women with children under one and a half years old and employees under eighteen years of age.

How to fire an employee at the end of the employment contract?

The expiration of a fixed-term contract does not mean that it is terminated automatically. The fact is that the norm of Article 58 of the Labor Code of the Russian Federation applies here. According to it, if none of the parties to a fixed-term employment contract demands its termination, then the contract automatically becomes indefinite.

At the same time, Rostrud believes that in order to record the fact of changing the term of an employment contract and transfer it from fixed-term to unlimited, it is necessary to draw up a fixed-term contract additional agreement about changing the deadline. If the employee insists on signing such an agreement, then it should be drawn up, but in any case (whether this agreement is formalized or not), by virtue of Article 58 of the Labor Code of the Russian Federation, the employment contract becomes unlimited.

If the employer still intends to terminate the employment contract concluded for a certain period, then this he is obliged to notify the temporary worker in writing. This must be reported at least three days in advance. It is not necessary to wait exactly three days before the expiration of the contract; this can be done earlier, the main thing is not to miss this three-day period.

In case of disputes, the employer must have confirmation that the employee has been informed of the termination of the employment contract. To do this, you need to prepare two copies of the notice, one of which with the employee’s signature is kept by the employer. If the employee refuses to sign, a corresponding act is drawn up, for which it is necessary to attract at least two witnesses.

Notification is not required only if a fixed-term contract was concluded for the period of absence of a permanent employee (Article 79 of the Labor Code of the Russian Federation).

A situation may arise that the employee, just before the expiration of the contract, fell ill and is on sick leave. In any case, the employer, if he intends to terminate a fixed-term employment contract, must try to contact him, otherwise a dispute may arise as to whether the contract has been terminated. If the employee, for some reason, is unavailable, then he must be informed of the termination of the employment contract by registered mail with a description of the contents and a delivery notification. This will confirm that the employer notified the employee of its decision in a timely manner.

Labor Code especially protects the interests of such a category of workers as pregnant women. It is possible to terminate a fixed-term employment contract with a pregnant employee due to its expiration only if two conditions are simultaneously met:

• a temporary worker was hired during the absence of a permanent employee;
• the employer cannot offer the pregnant woman another job or she herself has refused the offered vacancy (at the same time, she cannot be offered a job that she cannot perform for health reasons).

If a pregnant employee agrees to another place of work, instead of where the permanent employee returned, then the term of the employment contract is extended and such an employee can be dismissed on the day the maternity leave ends. The employer is obliged to extend the employment contract until the end of pregnancy in any case, even if the pregnant woman was hired to perform a certain amount of work, and all of this scope has already been completed.

In practice, there are very often cases when it becomes necessary to conclude a fixed-term employment contract instead of an agreement concluded for an indefinite period of time. What features does this agreement have, and how should it be drawn up?

What it is?

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A temporary labor agreement is a contract between an employee and an employer concluded for a certain period of time. At the same time, the law clearly provides for the cases and procedure for concluding such an agreement.

Normative base

• Types of contracts are described. The grounds for drawing up a temporary contract are specified in.
• The end of a temporary contract is regulated by paragraph 2 of the Labor Legislation of Russia.
• The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in.
• The duration of seasonal work, during which a fixed-term contract is concluded, is described in the article, and the list of these works, the accrual of length of service and the procedure for this process are listed in.

How is it different from unlimited?

A fixed-term contract has a specific period of time for which it is concluded. An open-ended contract has no expiration date.

Moreover, with a temporary contract, it indicates the reasons for concluding such a contract. An open-ended contract does not require such reasons to be indicated.

After all, the law states that it is desirable to conclude an open-ended contract. A fixed-term contract is concluded in cases where concluding an open-ended contract is impossible.

With whom and in what cases is it concluded?

An employment contract for a specified period is concluded:

• with employees who arrived to perform seasonal work or for temporary replacement (up to one year);
• when working abroad;
• for public and temporary work from the employment center;
• when assigning alternative service and when expanding the production of an enterprise;
• when sending an employee for an internship or retraining;
• with pensioners and people in poor health.

Who can't you make a deal with?

An employer has the right to employ an employee under a fixed-term contract only in cases where such a possibility is provided for by current legislation.

However, despite the existence of grounds for drawing up a temporary contract, it cannot be concluded several times in a row, without providing breaks (only with the same type labor activity).

If an employee is pregnant, the fixed-term contract must be extended until the end of the pregnancy - this is a mandatory legal requirement.

Advantages and disadvantages

Below are the pros and cons of this agreement for both the employee and the employer.

For employee

For the employee there are such advantages as:

• presence of the same social guarantees, as well as for employees with an open-ended contract (payment of sick leave, vacation, etc.);
• payment upon dismissal due to liquidation of the organization (only if the contract period is not completed);
• a fixed-term contract is concluded only if a number of conditions established by law are met.

The disadvantages for the employee are:

• dismissal upon expiration of the contract period;
• dismissal when the main employee returns to the workplace;
• problems for women on parental leave when calculating continuous service and calculating pensions.

For the employer

The only disadvantage for an employer when drawing up a temporary contract with employees may be the pregnancy of a subordinate.

In this case, termination of the fixed-term contract is not allowed or is possible only upon liquidation of the organization.

The advantage of concluding such an agreement will be complete control over the employee and his work activities.

Reasons for conclusion

Article 59 of the Labor Code of the Russian Federation regulates the grounds for concluding such an agreement.

The legislation provides unconditional grounds for concluding such an agreement. (Part 1 of Article 59). But it can also be concluded by agreement of the parties (Part 2 of Article 59).

The unconditional grounds provided for by the Labor Code include:

• concluding a contract during the absence of the main employee;
• for temporary work;
• for seasonal work;
• when working abroad;
• with an increase in production volumes;
• when creating a company for a certain period;
• during training and internship of the main employee;
• upon election to this vacancy;
• in the temporary provision of an elected body;
• when working from the employment center and in the alternative civil service.

The grounds for concluding a temporary contract by agreement of the parties include:

• work in small business;
• employee retirement age;
• medical restrictions and indications;
• when moving to the Far North;
• urgent emergency prevention;
• election to office through competition;
• the employee’s position is related to a creative profession;
• when concluding an agreement with the manager, deputy, chief accountant;
• the employee is on full-time training;
• part-time work (both with internal and external part-time workers).

How is a fixed-term employment contract concluded in 2020?

Below is the procedure for concluding a fixed-term employment agreement.

Order

A temporary agreement is drawn up in cases where it is not possible to conclude a permanent contract with an employee. At the same time, the employer must understand that this is only possible if all the conditions of the Labor Code are met.

The contract can be concluded for a period of no more than five years. Extension is only possible if certain legal requirements are met.

For how long?

A temporary agreement in accordance with the Labor Code of the Russian Federation can be concluded:

• for a period of no more than 2 months, when performing short-term work (seasonal work);
• for a period limited by the activity performed, while the end of the contract occurs upon completion of the work;
• during the absence of the main employee.

Is there a probationary period?

Establishing a probationary period when hiring under a temporary contract is possible only with the written consent of the employee himself.

An employee’s refusal to accept a probationary period cannot serve as a refusal by the employer to hire.

Nuances of drafting

The employment agreement must be concluded taking into account certain legal requirements.

Form and sections

A typical temporary employment contract should include the following information:

• information about the parties who entered into it;
• subject of the contract;
• the period of validity of the agreement;
• probation or its exception;
• salary;
• working time and rest time;
• duties of the parties;
• guarantees for the employee;
• social insurance.

This document must be drawn up in 2 copies, one of which remains with the employee, and the second with the employer.

The temporary contract must necessarily indicate:

• details of the parties (full name, employee passport details, employer’s tax identification number);
• region and date of conclusion;
• name of company;
• description of the employee’s work activity;
• salary;
• operating mode.

It is also mandatory to justify the reasons for concluding a temporary contract → the period of validity of a fixed-term relationship, etc.

Typical sample

What does such an agreement look like?

Below is a sample form of a fixed-term employment contract:

Required documents

To conclude a contract, certain documents are required.

Statement

An employee's application for employment must be made in writing.

This document is not considered mandatory and does not in any way confirm the existence of an employment relationship between employer and employee.

The application form is not approved by law, and it can be drawn up in any form. At the end of the application there is a date and signature.

Below is a sample of this document:

Order

This document specifies the position, date of entry to work, type and conditions of activity, tariff and payment.

The order states Personnel Number employee, based on the general register of employees.

The position specified in the order must be identical to the position specified in the employment contract. At the end of the order, the employee writes in his own hand: “I have read the order” and puts his signature.

Drawing up an order is considered mandatory: without it, hiring is impossible.

Below is approximate form of this document:

Entry in the work book

The entry in the work book when working under a temporary contract should not differ from the entry when working under an open-ended agreement.

However, the entry made upon dismissal must reflect the terms of the temporary employment contract.

Example:

Design features for different categories of employees

Concluding a fixed-term employment contract with certain categories of citizens has its own characteristics, which are presented below.

With a minor employee

When concluding a fixed-term contract with minor, whose age reaches 14 years, it is necessary to obtain consent from one of the parents (guardian, trustee).

Work activity should not interfere with a teenager’s studies.

If the employee is already 16 years old, then he can be hired under a temporary contract, subject to the condition that he receives general education, or when combining study and work.

The employer must provide the teenager with light work.

If the child is under 14 years old, then concluding an employment contract is excluded, except in the field of cinema and circus.

Below is an example of a fixed-term employment contract concluded with a minor:

During maternity leave

When hiring an employee to replace a main employee who is on maternity leave, the employer is obliged to negotiate all the conditions and period of validity of the temporary employment contract.

Moreover, when the main employee extends maternity leave, an extension of the temporary employment contract is allowed.

A transition from a temporary contract to a permanent one is allowed, with the consent of all parties to the employment relationship being formalized.

For temporary and seasonal work

For seasonal activities, a temporary contract is concluded for a certain period.

The contract specifies the reasons for concluding such a contract and the expiration of its validity. The document is drawn up in writing.

At the end of seasonal work, the employer notifies the employee no later than three calendar days of the termination of the contract. Non-working days are considered calendar days.

Below is an example of such an agreement:

At the same time

An employee who has 2 jobs (main and part-time) must have at least 2 employment contracts.

An employment contract with a part-time worker is mandatory. It must state that this activity carried out part-time.

A temporary part-time contract is concluded for a period of no more than 5 years. The minimum period is not established by law.

An entry in the work book is made only if the employee working in this way wishes.

Part-time work is prohibited for a person under 18 years of age, a municipal employee, a judge, a member of the Government and other similar categories (with the exception of teaching and creative activities).

Below is an example of this agreement:

Pregnant women

A temporary contract cannot be terminated with a pregnant employee. Its termination is permissible only a week after the end of pregnancy.

Managers and directors

The conclusion of a temporary contract with the head of the organization is permitted only by agreement of the parties.

Pensioners

The Labor Code of the Russian Federation provides for the conclusion of a fixed-term contract with a person of retirement age.

However, if such an age was reached during the term of an open-ended employment relationship, then renewing the contract is not required.

With a foreign citizen

According to labor legislation a temporary contract with a foreign citizen can be concluded without a specific period and regardless of the period of validity of the work permit.

Employment of a foreigner is possible upon reaching the age of 18.

The exception is highly qualified specialists in the field of trade in folk and pharmaceutical goods.

Vacations

Regardless of what contract is concluded with the employee, he is entitled to vacation.

The difference can only be related to the period of work:

• When concluding a temporary contract for a period not exceeding 6 months, the calculation is made based on the conditions - two days of rest per working month (six-day work week). Working days, holidays and weekends are not taken into account when calculating vacation.
• In case of a fixed-term contract concluded for seasonal work for more than 2 months, the condition of vacation days changes to 2.33 days. It turns out that when calculating vacation for a full working year, a seasonal worker is granted full vacation with a period of 28 days.

Compensation for unused vacation is calculated based on general conditions: 2.33 days per month of work.

Financial questions

Below are the main financial issues that may arise when concluding a fixed-term employment contract.

Salary

Remuneration under a fixed-term contract does not differ in any way from remuneration when concluding a standard open-ended contract.

All tariffs are mandatory.

Payment can be made either in cash or by bank transfer. The type of calculation is also indicated in the corresponding clause of the employment contract.

Sick leave

Paying sick leave for an employee under a fixed-term contract is considered the responsibility of the manager.

If an employee has worked for more than 6 months, then sick leave is calculated based on the standard scheme.

If, however, an employee employed under a temporary contract worked for less than 6 months, then the code in sick leave - 46.

The maximum days for which payment is due in this case is 75.

Compensation for unused rest days

is accrued for days worked by the employee in compliance with the general conditions:

• If the time worked does not amount to a whole month, but is the majority of it, then the calculation is made on the basis of a full month.
• If the time worked is less than a month, then compensation is not accrued for this time.

Taxation

Taxation for employees hired under a temporary contract is identical to the application of a single tax to employees with an open-ended contract.

If temporary worker worked for less than a full year, then a single tax is applied to him minus the time when work was not carried out.

TO personal income tax certificates The same requirements apply as for documents of permanent employees.

Indexing

Indexation can be established only by agreement of the parties and is not the responsibility of the manager.

If, by agreement of the parties, indexation is provided for, then this clause must be included in the text of the agreement.

Extension

A fixed-term employment contract can be extended for a new term.

Conditions

Extension of a temporary contract is possible if it is executed:

• with athletes;
• pregnant women;
• employees of higher educational institution(if you win a competition for a position).

When extending a temporary contract, a corresponding annex is drawn up, which indicates additional activities or a new validity period.

Despite the extension of the temporary contract, the total period cannot exceed a period of five years.

If the extension provides for a longer period, then it is unacceptable. In this case, the only option is to re-sign the document.

Order

Immediately after writing and signing an additional agreement to the temporary contract, a corresponding order is issued (form T1 or T1a).

This order must indicate the extension period.

Example:

Additional agreement

If you wish to extend a temporary contract before the end of its term, fill out an additional agreement.

If a change in conditions is implied, this must be stated in the document. It is also worth indicating the validity period of the additional agreement.

Below is an example of this document:

Termination

Termination of a fixed-term employment agreement must also be carried out in accordance with certain legal requirements.

In this case, its validity period is terminated, and the employee is dismissed. In this case, termination is possible both upon expiration of the contract and ahead of schedule.

Employee initiative

Dismissal under a fixed-term contract is permissible if the employee wishes.

Three days before the desired dismissal, the employee must notify the employer in writing.

For example, Antonov was hired under a fixed-term employment agreement, but after some time he received a better offer and decided to change jobs. In this case, termination of the employment agreement is carried out at the initiative of the employee. He must only notify the employer of his intention to change jobs.

Employer initiative

The employer has the right to dismiss an employee under a temporary employment contract if he fails to fulfill his job duties.

However, they cannot simply fire an employee; for this there must be reasons that are provided for in the law.

Dismissal of a pregnant woman and mother on maternity leave

Dismissal of a pregnant employee is permitted only upon liquidation of the organization/enterprise.

Other reasons for dismissal are considered invalid.

Women on parental leave may be fired when the main employee leaves.

Documentation of dismissal

When dismissing an employee, certain documents must be drawn up.

Notification

Notice of dismissal can be issued in any order. The HR department specialist transfers it directly to the dismissed employee.

Indicating the reason for dismissal is considered mandatory.

The notice is issued in two copies, one of which is given to the employee and the second to the employer.

Below is an example of such a notice:

Order

After the employee signs the notice, a dismissal order is drawn up, which indicates the reason (termination of a fixed-term contract, failure to fulfill job responsibilities etc.).

Below is an example of such a document:

Payments and compensations

All settlements with an employee under a fixed-term contract upon dismissal are made according to the standard scheme.

Payments to the dismissed employee must be made on the last working day. On this day, he is also given a completed work book.

FAQ

Below are answers to frequently asked questions regarding fixed-term employment agreements.

Is it possible to transfer from an open-ended to a temporary contract?

This process is regulated by the Labor Code of the Russian Federation.

A transfer from an indefinite work schedule to a fixed-term contract is permitted only with the agreement of the employee himself.

Is it possible to enter into a contract with an individual entrepreneur?

Yes, you can. Concluding a temporary employee contract with individual entrepreneur possible if the standard scheme for drawing up such an agreement is followed.

How many times can I register with the same employee?

The legislation does not provide for a limit on the number of fixed-term contracts concluded with the same employee.

However, if you go to court, it can be recognized as unlimited.

In what cases is a medical examination required before hiring?

The following must undergo a mandatory medical examination:

• minors;
• workers engaged in hazardous or heavy work;
• workers Food Industry, employees of a child care facility, trade;
• shift workers;
• specialists sent to work in the Far North;
• sports workers;
• persons taking part in activities during the movement of the train;
• customs officials;
• rescuers and judges;
• employees of educational institutions;
• medical workers.

What is better - a contract or a fixed-term contract?

If you plan to perform regular activities, then it is better to conclude an employment contract. In cases where the activity is one-time in nature, it is more expedient to draw up a contract agreement.

From the above it follows that the current legislation carefully regulates not only the procedure and rules for concluding a fixed-term employment agreement, but also the procedure for its termination.

Employers often have situations where they have to hire workers to perform a specific task. Usually in these cases, the director wants to hire people “temporarily,” that is, enter into a fixed-term employment contract with them. But is it always possible to conclude fixed-term employment contracts? How to do it right? What wording should be in the contract and in the employment order? The answers to these and other questions regarding fixed-term employment contracts are in our article today.

What are the limitations of using a fixed-term employment contract?

It is impossible to conclude a “temporary” (or, in legal language, fixed-term) employment contract with an employee, guided only by the desire of the employer. The list of cases in which the legislator allows a fixed-term employment contract to be drawn up is given in the article of the Labor Code of the Russian Federation. This list is exhaustive. At the same time, the article of the Labor Code of the Russian Federation states that if a fixed-term employment contract is concluded, then its text must indicate the circumstances (reasons) that served as the basis for the application of such a contract.

Thus, it is possible to formalize a temporary employment relationship with an employee only in cases where this is directly permitted by the provisions of an article of the Labor Code of the Russian Federation. To be fair, we note that the list of situations presented in this article is quite long. Moreover, some items on the list are open-ended, which makes it possible to further expand the scope of a fixed-term employment contract.

The list itself is divided into two parts. The first includes cases when a fixed-term employment contract can be concluded at the initiative of the employer. And the second part of the list lists situations where the application of a fixed-term employment contract requires agreement of the parties. Concluding the description general rules, which regulate the conclusion of fixed-term employment contracts, we once again draw your attention to an extremely important norm. Even if the employee does not object to the temporary nature of the employment relationship, a condition regarding the duration of its validity can be included in the employment contract only if this is directly permitted by the provisions of the article of the Labor Code of the Russian Federation.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which it is possible to conclude an employment contract for a certain period is hiring to perform the duties of a temporarily absent employee. In this case, the job remains with the “main” employee. But while he is not doing his job, you can temporarily take another person in his place (Part 1 of Article of the Labor Code of the Russian Federation, letter from Rostrud).

The Labor Code does not specify the reasons why the “main” employee may be absent from the workplace. Therefore, there can be absolutely any reasons. For example, temporary disability, leave (not only for child care, but also annual paid leave, or leave without pay), temporary transfer according to a medical certificate for another job, the employee’s performance of state or public duties, undergoing a medical examination or advanced training while taking time away from work.

Let's note one more important point: It is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will alternately replace several absent “core” employees (for example, during their vacations). This is due to the fact that an article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the performance of the duties of an absent employee, that is we're talking about about a specific employee and about his performance labor functions. Therefore, if it is necessary to organize “safety net” during vacations of “core” employees, then each time you will have to register new agreement(i.e., terminate a fixed-term employment contract when the “main” employee leaves and enter into a new one during the absence of another employee).

As noted above, on the basis of an article of the Labor Code of the Russian Federation, in a fixed-term employment contract it is necessary to directly indicate that the contract is concluded for a temporary period, and provide the corresponding reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring for the duration of the duties of an absent employee), it is recommended to include the following wording in the contract:

What to write in the contract and in form No. T-1

The list of seasonal work, as well as their maximum duration, are established by industry agreements (Part 2 of Article of the Labor Code of the Russian Federation). Also for these purposes, you can be guided by the List of Seasonal Work (approved by the resolution of the People's Commissariat of the USSR) and other documents (for example, resolutions of the Government of the Russian Federation and the resolution of the Council of Ministers of the RSFSR).

As we can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the relevant type of work must be included in the industry agreement or normative act. Moreover, the term of such an agreement cannot exceed the term of the season established by the same document.

However, a probationary period for those hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the probationary period can be up to two weeks (Article of the Labor Code of the Russian Federation).

What to write in the contract and in form No. T-1

It should be noted in the employment contract that it is concluded for a season. Since the length of the season depends on natural and climatic conditions, it is not necessary to indicate a specific end date of the employment contract (Part 4 of Article of the Labor Code of the Russian Federation). Accordingly, the wording of the employment contract may be as follows:

The same wording must be transferred to the employment order (Form No. T-1). Moreover, in the column “by” of this order The expiration date of an employment contract can be indicated not only by the specific end date of the season, but also by the occurrence of an event (for example, write “end of the season”).

Work outside the normal course of business of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work beyond the normal activities of the organization.

Features of concluding a fixed-term contract

If the employer enters into the work book information about the period for which the employment contract is drawn up, this will be a violation of the procedure for maintaining work books, and may entail administrative liability under an article of the Code of Administrative Offenses of the Russian Federation.

All other points established by the legislator are prescribed equally in both types of contracts.

What does a temporary employment contract mean?

A temporary employment contract is an agreement with an employee that specifies the end of work. It can be expressed in several ways:

1. A specific date.
2. The occurrence of a certain event.

From point of view personnel records management it is more convenient to indicate exactly the occurrence of an event. In this case, the employer does not need to:

1. Warn the employee about the expiration of the employment contract three days in advance.
2. Conclude an additional extension agreement with him if, due to any circumstances, the work is not completed within the specified period.

After the moment stipulated in the employment contract arrives, it is based on this.

A temporary worker may be dismissed for other reasons, including at will.

How is it different from unlimited?

A temporary employment contract differs from an open-ended employment contract only by the presence in it of the date (moment) of the employee’s completion.

Another difference is the impossibility of dismissing a permanent employee on grounds such as expiration of the employment contract.

With whom and in what cases is it concluded?

A temporary employment contract can be concluded with any employee, but only if there is a legal grounds.

If a person has contraindications for performing work, a contract cannot be concluded with him.

Who can't you make a deal with?

A fixed-term employment contract cannot be concluded if there are no legal grounds. Moreover, their list is exhaustive and is not subject to expanded interpretation, which means that the employer can only use legitimate reasons.

If the employment contract is nevertheless concluded as temporary without sufficient grounds,

Advantages and disadvantages

As a rule, a fixed-term employment contract is most beneficial for the employer and disadvantageous for the employee.

For employee

The advantages of such an agreement for the employee include the following:

• no probationary period;
• shortened notice period for the employer in case of voluntary dismissal (three days).

But all this applies only to contracts that are concluded for a period of less than two months.

Read also: How to conclude an employment contract with a minor worker in 2020

The main disadvantage is the lack of permanent work and the inability to get severance pay in full upon reduction.

For the employer

The main advantage for the employer is the ability to legally dismiss an employee at the end of the contract.

In addition, vacation for an employee who has signed an employment contract for a period of less than two months is calculated based on the calculation of 2 days, and not 2.33 as in normal cases.

If you conclude temporary employment contracts strictly on the basis of the Labor Code of the Russian Federation, then there are not so many advantages for the employer, but if the employer neglects the law and enters into, say, one-month contracts with ordinary employees, he has a means of influencing the employee by threatening him with non-renewal agreement.

Reasons for conclusion

Article 59 of the Labor Code of the Russian Federation contains a list of grounds on which an employer can conclude a temporary employment contract with an employee.

The grounds on which an employer can enter into an employment contract without the employee’s consent include:

1. Replacement of an employee whose job is retained.
2. Performing temporary and seasonal work.
3. Admission to a position or organization that was originally created for a specific period.
4. To perform one-time work that is not the main activity of the organization.
5. When elected to an elected position.
6. When going to work abroad.
7. Employees for whom this work will be an internship or internship.

In all of the above cases, the employer can accept the employee temporarily without his consent.

In addition, there are also grounds under which the contract becomes temporary by agreement of the parties:

1. With persons who have reached retirement age.
2. With part-timers.
3. With workers in creative professions and those who took up positions on a competitive basis.
4. With managers, deputy managers and chief accountants.
5. With full-time students.

In addition to the above grounds, there may be additional ones established by separate legislative acts.

How is a fixed-term employment contract concluded in 2020?

The procedure for concluding a temporary employment contract is similar to the procedure for an indefinite period. But several nuances can be highlighted.

Order

The general view of the procedure for concluding a fixed-term employment contract will look like this:

1. An employer has a temporary vacancy.
2. He finds a candidate to fill it.
3. The future employee is introduced to all local regulatory documents relating to his work, including being notified that the contract will be temporary.
4. Check the presence of all necessary documents.
5. Directly draw up an employment contract in two copies.
6. Both parties sign the employment contract and receive one copy.
7. They fill out an admission order, a personal T-2 card and a work book.

Read also: Concluding an employment contract with a foreign citizen

For how long?

The law establishes only the maximum period that can be specified in an employment contract. It is 5 years.

The minimum period is not defined and can even be one or several days.

Is there a probationary period?

If a fixed-term employment contract is concluded for more than six months, then the procedure for establishing a probationary period is similar to that used in ordinary cases (that is, three or six months).

Otherwise, the test period and its availability will depend on the contract term:

• no more than 14 days for a contract for a period of two to six months;
• A probationary period cannot be concluded for employees hired for less than two months.

Probation is not required condition, therefore it may not be included in the text of the contract. This is at the discretion of the employer.

Required documents

The list of required documents is given in Article 65 of the Labor Code of the Russian Federation and includes:

• ID card (passport);
• SNILS;
• diploma, if necessary;
• work book, if available;
• other documents that may be required depending on the specifics of the work.

If the employee does not provide everything Required documents, this serves as a basis for refusal to conclude an agreement.

Statement

It is written in free form; it must indicate that the employee is asking to be hired temporarily. This is not stated anywhere, but is done for the convenience of the personnel officer who will draw up the documents, including the contract.

Order

Based on the signed agreement, an acceptance order is drawn up. Typically used for this unified form T-1 or T-1a. It also notes that the employee was hired temporarily.

Based on the order, an entry is made in the work book, but it does not reflect the fact that the contract is temporary.

Nuances of drafting

When drawing up the text of a temporary contract, it must include information about the completion date of the work and the reason why the contract is concluded for a certain time.

Otherwise, the contract may be considered indefinite.

Form and sections

The form of the employment contract is not established by law, so employers develop it independently, taking into account the provisions contained in Article 57 of the Labor Code of the Russian Federation. Conventionally, the contract can be divided into the following parts:

1. The introductory part contains the names of the parties to the agreement.
2. The text of the contract is the main part of the document; all mandatory conditions are included here.
3. The final part contains the details of the parties to the agreement and their signatures.

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