How and with whom you can conclude a fixed-term employment contract. Legality of concluding and terminating a fixed-term employment contract If a fixed-term employment contract ends

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 terms, a fixed-term) employment contract with an employee, guided only by the desire of the employer. The list of cases in which the legislator allows you to draw up a fixed-term employment contract is given in the article Labor Code RF. 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 of the general rules that govern the conclusion of fixed-term employment contracts, let us once again draw your attention to an extremely important rule. Even if the employee does not object to the temporary nature labor relations, a condition on the duration of its validity can be included in an 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 duties of an absent employee, that is, we are talking about a specific employee and the performance of his 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

Scroll 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 “by” column of this order, the expiration date of the 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 contributes to work book information about the period for which the employment contract was drawn up, then this will be a violation of the procedure for maintaining work records, and may entail administrative liability under an article of the Code of Administrative Offenses of the Russian Federation.

A fixed-term employment contract is concluded with an employee in the case where the nature of the proposed work or the conditions for its implementation do not allow concluding a contract for an indefinite period. In other words, :

• or under circumstances in which it is impossible to conclude a permanent employment contract. For example, in the case of hiring an employee whose job is retained. Let's say for a period;
• or, but subject to certain conditions. For example, small businesses with no more than 35 employees (in general) have the right to hire workers under fixed-term employment contracts.

Hiring under a fixed-term employment contract

Concluding a fixed-term employment contract has its own problems. It must be written in it. As a standard, it cannot exceed 5 years. If the term is not specified in the contract, then the contract is considered to be concluded for an indefinite period. By the way, in some cases, a fixed-term employment contract.

A conscript employee may be assigned. However, if the contract is concluded for a period:

• from 2 to 6 months, then the test cannot last more than 2 weeks;
• up to 2 months, then a probationary period cannot be established at all.

Based on the order for hiring an employee, this must be done. This includes cases where a fixed-term employment contract has been concluded with an employee. But information about the duration of the contract is not indicated in the work book.

Last modified: March 2020

The relationship between the employee and the administration of the enterprise must be formalized and confirmed by relevant documents. One of these is an employment contract, the drafting and conclusion of which is the responsibility of management. But, the employer may offer the applicant to conclude or. Which one is more beneficial for the parties? The differences between a fixed-term and an open-ended employment contract - what are they? Under what conditions can one type of agreement be concluded, and under what conditions can another type be concluded? We will try to answer all these questions in this article.

The basis of the document regulating the relationship between the administration of the enterprise and the employee is an employment contract, which must be concluded upon employment or within 3 days after new employee will actually begin to perform his job duties. It is the employer’s responsibility to ensure that the document is correctly drawn up and signed. If he violates it, he will face penalties.

When can a fixed-term contract be concluded?

Labor legislation strictly regulates the circumstances in which management must offer a new employee to enter into an employment contract with the company, the duration of which is limited to a temporary period. These conditions are specified in Art. 59 Labor Code of the Russian Federation. These include:

• temporary absence of an employee from his workplace. But provided that this workplace will be retained by him, in accordance with current legislation. The most common case is maternity leave. For example, one employee went on maternity leave, and another was temporarily hired in her place. When the maternity leave, she will return to her workplace, and the “replacement” can be fired or hired on a permanent basis;
• seasonal and temporary work, the completion of which will not take more than 2 months;
• sending an employee abroad to perform work duties;
• the enterprise’s need to expand, reconstruct or modernize equipment or operating facilities, provided that this work will be completed within a year;
• hiring an employee for an enterprise that was originally created for certain purposes and for a certain period of time;
• hiring a new employee to perform a specific task, while the deadline for completion and the task itself must be specified in the “body” of the contract;
• internship;
• other cases prescribed in Art. 59 Labor Code of the Russian Federation.

If the agreement between the parties is concluded for an indefinite period, then specific circumstances are not required.

The main differences between a fixed-term and unlimited-term employment contract

A fixed-term and an open-ended contract differ from each other in several respects. This:

• time period;
• the procedure for re-registration and changing the type of agreement;
• Peculiarities of granting leaves and appointments probationary period;
• other parameters.

Time period

The main difference is the time limitation of the agreement. The fixed-term contract must not only indicate the exact duration of its validity, but also the exact date of termination of the relationship. In this case, it is necessary to indicate the reason why the employer proposes to conclude such a document, as well as the condition upon the occurrence of which it will be terminated. For example, “replacing a temporarily absent employee.”

If a person is hired to perform a specific task or a certain amount of work, then this condition must also be indicated. Nevertheless, the duration of the contract cannot exceed 5 years. If, after the expiration of the period specified in the “body” of the agreement, the employee continues to perform his job duties, then he is “automatically” hired on a permanent basis.

The procedure for re-registration and changing the type of agreement

Even if there is an agreement between the parties, an open-ended contract cannot be converted into a fixed-term one. You can do it in reverse! But for this the following conditions must be met:

• the agreement has expired, and the employee continues to carry out his labor activity at this enterprise;
• the condition of urgency is no longer relevant, but the person continues to work.

You need to draw up the agreement again and have the employee sign it.

Vacation and probationary period

This condition is relevant for those agreements whose validity period does not exceed 2 calendar months:

• a test for hiring cannot be established, according to Art. 70 Labor Code of the Russian Federation;
• For each full month worked, 2 full days of vacation are provided. According to Art. 291 of the Labor Code of the Russian Federation, these days can be replaced by monetary compensation;
• notice of termination of employment must be given 3 days before dismissal. According to Art. 292 of the Labor Code of the Russian Federation, this condition applies to both the employee and his superiors;
• If local act unless otherwise provided, the resigning employee is not entitled to severance pay.

If the agreement is concluded for a period of more than 2 calendar months, then these conditions become irrelevant. The exception is seasonal work for up to six months.

Other differences

There are other differences between these types of agreements. In particular:

• To enter into an agreement for a certain period of time, a clear justification of the reasons is necessary;
• a fixed-term contract ensures the fulfillment of strictly defined labor tasks within a specified period of time;
• an open-ended type of agreement ensures the constant implementation of all the employee’s labor tasks, which are specified in his job description.

The employer must know, what if he offers the employee an agreement limited in time, but legal grounds for this will not happen, he may face penalties.

Let's sum it up

The conclusion of a fixed-term employment contract guarantees a temporary worker decent wages, respect for his rights and interests, compliance with the work schedule and the regime for providing periods of rest. The conclusion of such an agreement is not a reason for violating the basic norms of labor legislation.

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 for the same type of work 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 into 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).

Labor 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 extended by the main employee maternity leave extension of the term of a 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, seasonal worker Full leave is provided 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 a temporary worker has worked for less than a full year, then a single tax is applied to him minus the time when no work activity was 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 additional agreement to the temporary contract, a corresponding order is issued (form T1 or T1a).

IN this order The extension period must be specified.

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 registered under temporary employment contract, in case of failure to fulfill his labor 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 restrictions on the number of prisoners fixed-term contracts 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.

Temporary work is understood as work that is known in advance to last no more than two months (for example, while preparing an annual report). It would be unlawful to conclude a fixed-term employment contract for a period of up to two months to perform work that is permanent.

When concluding a fixed-term employment contract, the parties must determine its specific duration within two months (a month, a month and a half, etc.). A wording such as “for a period of up to two months” is unacceptable.

Concluding a fixed-term employment contract to perform seasonal work is permitted provided that this work is provided for in a special list. Lists of seasonal work, including work that can be carried out during a period (season) exceeding six months, and the maximum duration of these individual seasonal works are determined by industry (inter-industry) agreements concluded at the federal level of social partnership (Part 2 of Article 293 TK);

3) with persons sent to work abroad. These may be diplomatic missions and consular offices Russian Federation abroad, as well as representative offices federal bodies executive power and government agencies Russian Federation, commercial organizations, scientific and educational institutions and etc.;

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

In this case, activities that correspond to the main directions of the organization’s work as enshrined in its charter will be normal.

The law names reconstruction, installation, and commissioning work as an example of work that goes beyond the normal activities of an organization. Depending on the nature (type) of the organization’s normal activities, this can be repair or construction work.

In any case, work that goes beyond the normal (core) activities of the organization, for which fixed-term employment contracts can be concluded, must be temporary (urgent) in nature.

The law does not establish any special deadline for which such an employment contract can be concluded, therefore its period in each case is determined by agreement of the parties based on specific circumstances and the period of time during which there remains a need to perform work beyond the scope of the contract. normal activities of the organization. Should apply here general rules on the deadline for the employment contract established by Art. 58 TK, i.e. five years.

As for the employment contract concluded in connection with the need to temporarily expand production or the volume of services provided, its duration is limited - it cannot exceed one year. This is due to the fact that work under such a contract is carried out within the normal activities of the organization and the need to expand production or the volume of services provided is limited to a certain time frame that is known to the employer.

The specific validity period of such an employment contract within one year is determined by agreement of the parties. For example, due to the increase in the number of tourists in summer time and by expanding in connection with this the volume of services provided, hotels, cafes, restaurants, transport organizations can accept an additional number of workers by concluding employment contracts with them for a certain period (1, 2, 3 months, etc.);

5) with persons entering work in organizations created for a predetermined period of time or to perform a predetermined job.

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

The term of the employment contract with persons entering such organizations is determined by the period for which they were created. Therefore, termination of an employment contract with these employees after the expiration of the term is permissible if this organization really ceases its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without the transfer of rights and obligations by way of succession to other persons (clause 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” * (17));

6) with persons hired to perform obviously defined work in cases where its implementation (completion) cannot be determined by a specific date.

In an employment contract concluded under this basis, it must be indicated that it is concluded for the duration of this particular work (for example, for the period of office renovation, for the period of construction of the facility). The completion (completion) of the specified work will serve as the basis for termination of the employment contract due to the expiration of its validity.

At the same time, if during the trial it is established that there are multiple conclusions of fixed-term employment contracts for a short period to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (clause 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2);

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

Internship or vocational training of employees in an organization can be carried out either on the basis of an agreement with another organization that sent its employee for an internship or vocational training, or on the basis of an apprenticeship agreement concluded by the organization with the student himself (see Articles 198-208 of the Labor Code);

8) in case of election for a certain period of time to an elected body or to elective position for paid work. For example, for the position of rector of a state or municipal higher educational institution, dean of a faculty or head of a department of a higher educational institution. According to Art. 12 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education” * (18), Art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner established by the charter of the educational institution (see Article 17, 332 of the Labor Code);

9) when applying for a job related to directly supporting the activities of members of elected bodies or officials in government bodies and bodies local government, V political parties and other public associations.

So, not all persons applying for work in these elected bodies can be entered into a fixed-term employment contract. It's about about such work that is directly aimed at supporting the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the party chairman).

In these cases, the term of the employment contract is established by agreement of the parties within the term of office of the relevant elected body or official. Moreover, the early termination of their powers should entail the termination of employment contracts with persons hired to directly support their activities;

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

The conclusion of a fixed-term employment contract is not allowed if the work for which the citizen is directed by the employment service body is of a permanent nature;

11) with citizens sent to perform alternative civil service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civil service, is established by Federal Law of July 25, 2002 N 113-FZ “On Alternative Civil Service” * (19) in accordance with the Constitution of the Russian Federation.

Alternative civil service is a special type of labor activity in the interests of society and the state, carried out by citizens in exchange for conscript military service. The procedure for sending citizens to alternative civil service is determined by the above-mentioned Federal Law, other federal laws, the Regulations on the procedure for performing alternative civil service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256 * (20), and other regulations adopted in accordance with them legal acts RF. The labor activity of citizens performing alternative civil service is regulated by the Labor Code, taking into account the features provided for by this Law.

5) with creative media workers mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

6) with managers, deputy managers and chief accountants of organizations. It does not matter what the organizational and legal form of these organizations is - Joint-Stock Company, limited liability company, state unitary enterprise, etc.

In accordance with Part 1 of Art. 275 Labor Code, the term of the employment contract with the head of the organization is determined constituent documents organization or agreement of the parties. Based on this, it should be assumed that the term of the employment contract with the head of the organization is determined by agreement of the parties if it is not established by the constituent documents of the organization;

7) with persons studying in full-time training;

8) with persons applying for part-time work.

Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code). Concluding employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided federal law. Part-time work can be performed by an employee both at the place of his main job and with other employers. Part-time work for persons under the age of 18, heavy work, work with hazardous and (or) dangerous conditions labor, if the main work is associated with the same conditions, as well as in other cases provided for by the Labor Code and other federal laws.

The employment contract must indicate that the job is a part-time job.

4. Except for the cases listed in Part 2

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