The correct algorithm for applying for temporary employment under a fixed-term contract - documents and features of the procedure

Hello! In this article we will talk about temporary workers and formalizing legal relations with them.

Today you will learn:

1. Who are temporary workers?
2. How to draw up an employment contract with them;
3. How to properly fire a temporary employee.

Any company may need temporary workers. Sometimes specific types of work are required, or a key employee is still being sought, but the work needs to be done urgently. Let's figure out how to hire them, fire them and provide leave.

Content

• Peculiarities
• Who can be considered a temporary employee?
• Important nuances
• Temporary workers under 18 years of age
• Pros of hiring temporary employees
• Hiring a temporary worker
• Reflection of temporary work in documentation
• Temporary replacement order
• Methods for extending the contract
• What rights does an employee working temporarily have?
• Vacation for a temporary worker
• Maternity leave for a temporary worker
• How to fire a temporary worker

Is it possible to hire a person while the main employee is on vacation?

Some production processes require constant monitoring and human presence. As a rule, a temporary worker is sought when the main employee is ill for a long time or is on maternity leave.

But there are situations when even a short absence of a subordinate can lead to disruption of the production cycle. This is typical for factories. In such institutions, the issue of the possibility of registering another person to take the place of an employee who has gone on annual leave is relevant.

The relationship between the head of an enterprise and his subordinates is regulated by the Labor Code of Russia (LC). It is necessary to refer to the provisions of this regulatory document in cases of short-term replacement of key personnel.

The Labor Code of Russia does not prohibit temporary employment during the vacation period of the main employee. But it is important not to violate the rights and interests of the absent subordinate. According to Article No. 114 of the Labor Code, during the vacation period the employee retains his place, position and average salary.

Instead of an absent employee, you can hire another person, but temporarily. In this case, it is impossible to dismiss a citizen who is on vacation. This is considered a violation of the law and entails administrative or criminal liability.

The hiring of a temporary employee for the period of vacation of the main employee is documented. This means that a fixed-term employment contract must be concluded with a person in accordance with Article No. 59 of the Labor Code of Russia.

Peculiarities

Temporary workers are people who are hired for a specific period of time or to do a specific job. A fixed-term employment contract is concluded with such employees. Finding temporary employees is an excellent option when you need to hold, for example, a one-time event: a tasting, a sale, a presentation of something. They are also often involved in seasonal work: as sellers, operators on children's attractions, and so on.

Important

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

— people who are sent to work abroad;

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

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

- people who were sent from the labor exchange to public works;

- persons sent to the civil service.

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

— a citizen is hired to replace a temporarily absent employee;

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

— implementation of internship;

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

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

Temporary workers under 18 years of age

School holidays are a great time for teenagers who want to earn personal money. The most important thing is that this is not prohibited by law. The main thing for the employer is to follow certain rules.

They are as follows:

• The child's age is 14 years or more;
• Working hours – no more than 12 hours per week;
• Parents must provide written consent.

Hiring a temporary worker

When an employer hires a temporary employee, he has two options: to enter into a civil law contract with him or a fixed-term employment contract.

The first option is more suitable when strictly defined work is required. But when concluding such an agreement, there is a risk: when checked by specialists from the Social Insurance Fund, such agreements will be carefully checked and it is possible that they will be recognized as labor agreements and fines will be imposed on the company.

Concluding an employment contract is safer in this regard. In particular, it is better to conclude it if the scope of work is difficult to calculate and it is difficult to say when this work will be completed. It is also convenient for seasonal and one-time work such as promotions.

The details of concluding a contract with an employee hired for temporary work are as follows:

• Term of the work . It is better to record it, and the exact date of termination of work is usually not indicated. If a person is hired to temporarily replace another employee, it can be formulated as follows: “This agreement was concluded for the period that manager N. is on sick leave.” Then this agreement will terminate from the date N. leaves sick leave;
• An employee hired for a temporary job must be notified of his dismissal , in writing and no later than 3 calendar days before this date. This applies to a situation where a specific date for termination of the contract is specified. If it is initially impossible to determine a specific date, no warning is required;
• If the contract expires , but both parties do not require termination and the temporary employee continues to operate, the contract becomes indefinite;
• Clarification of information about the probationary period . If the contract is concluded for no more than 2 months, a trial period is not assigned at all, and if it is for more than 2 months, then the trial period should not exceed 2 weeks.

Under what conditions is an employment contract drawn up without formal registration?

Basically, the document is used when it is necessary to complete a specific project within a limited time frame. Also, such an agreement is suitable if we are talking about seasonal work.

The employment contract can be terminated by the employee at his request at any time. The only thing he has to do is report this to his boss.

By whom and when can it be compiled?

Temporary employment agreements are often concluded by organizations in order to hide the real employment relationship with subordinates.

It is important to understand that this is against the law. If there is an ongoing relationship between an organization (or) and a citizen to provide services or perform work, they can easily be reclassified as an employment contract with all the ensuing consequences.

To conclude a rental agreement, the following conditions must be met:

1. The employee’s actions will not constitute his job duties.
2. The work must be one-time, not permanent..
3. The scope of work must be determined in advance.

A temporary employment contract can be concluded with the following people:

• those who provide a one-time service and do not systematically earn money from it;
• with foreigners or stateless persons . Formally, the performers can be residents of any country, regardless of their status, but in reality it is undesirable to enter into such agreements with people who do not have a patent or permit. The exception is citizens of Belarus and Kazakhstan, who have equal rights to Russians;
• An agreement can be concluded with persons under the age of majority . However, it is important to observe some specifics here: under no circumstances can a contract be concluded with children under 14 years of age; parents or guardians must make decisions for them; if the performer is between 14 and 18 years old, the consent of one of the parents or guardians is required to conclude the contract.

Under what conditions is it issued?

A temporary employee contract is great when you need to complete a project within a limited time frame.

Often it is concluded with people of a creative profession - illustrators, photographers, etc. due to the fickle nature of their activities. When hiring an employee, you must be informed about the nature of the work and the terms and conditions of cooperation must be specified.

Differences between a temporary employment contract and an employment contract

Each type of cooperation has its positive and negative sides. How does an employee employment contract differ from an employment contract?

Temporary replacement order

To apply for a temporary replacement, you need to take the following steps:

• Obtain the consent of the substitute;
• Sign an additional agreement on temporary replacement;
• Based on these documents, draw up an order.

The order should contain the following points:

1. Information about the employee who will replace the absent person;
2. The reason why the replacement is being issued;
3. Date from which replacement begins;
4. A specific end date for the replacement or another way of indicating the period;
5. Payment amount;
6. The basis on which the order is issued.

In general, the form of the document can be called free. If the absent person is financially responsible, then a MO agreement must be drawn up with the replacement employee.

Methods for extending the contract

For example, a person has a fixed-term employment contract for the period of absence of the main employee. This employee returns to his place of work, and the manager still needs. How to legally extend a contract? This can be done without violating the law. For example, by concluding an additional agreement.

However, it is better to indicate in it that the previously agreed period is changing, rather than being extended. Also, in order to avoid disagreements, such a change is discussed with the temporary employee 3 days before the end of the contract.

How to apply?

A temporary employee must be registered in accordance with the requirements of current legislation. Otherwise, regulatory authorities may hold the manager accountable.

How to hire an employee during the main employee’s vacation:

• find a person who is suitable as a replacement for a temporarily absent employee in terms of qualifications and skills and is ready to work part-time;
• negotiate with him the terms of cooperation, work schedule, salary and other points;
• conclude a fixed-term employment contract. The contents of this document are stated in Article No. 57 of the Labor Code of Russia;
• issue a hiring order. The order is drawn up in form T-1, approved by Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004. It is not prohibited to use a letterhead approved by the head of the company;
• issue a work book if necessary.

This is the general procedure for hiring another person to the position of an employee on basic leave. It may have some features depending on who will temporarily perform the duties of the absent subordinate: an internal or external part-time employee, a new temporary employee.

A fixed-term employment contract is drawn up in the same form as the main one. It contains the same sections and information. The only difference is the expiration date. It can be expressed in a specific date or the occurrence of a certain event (the main employee returning from vacation).

Internal part-time worker

An internal part-time worker is a person who, before or after the main job, performs the job duties of another position, but in the same organization. The interpretation of this concept is given in Article No. 282 of the Labor Code.

As a rule, an internal part-time worker is selected by the employer, and registration is carried out in the following order:

• The manager selects an employee from the company’s staff and offers him a part-time job. It is important to motivate the subordinate to agree to part-time work. This requires an emphasis on fair pay and good working conditions;
• if the employee agrees, then an additional employment contract for internal part-time work is drawn up. It provides information about the rest schedule, hours of work, list of responsibilities, procedure for receiving salaries, validity period, etc. Since the subordinate is on the staff of the organization, all information about him is already known. Therefore, he does not need to bring any documents to apply for the second position;
• a hiring order is issued. It notes when, who is appointed and to what position. The order is signed by the head of the company, employees of the departments specified in it, as well as a temporary employee;
• an entry is made in the work book. This is done at the request of the subordinate.

A full-time employee himself can propose his candidacy for the place of an employee going on his main annual leave. To do this, he submits an application to the manager for consideration. Based on such a document, an additional agreement to the employment contract is drawn up and an order is issued.

When registering a part-time worker, you need to take into account some restrictions regarding his work. They are given in article No. 284 of the Labor Code of Russia. For example, a part-time worker can work no more than four hours a day and no more than twenty hours a week.

External part-time worker

An external part-time worker is a person who is on the staff of one organization and additionally works in another company. Such an employee must be officially registered.

This requires a more impressive list of documents, since the company does not have any information about the person. The hiring procedure itself is more complex.

To register an external part-time job, a citizen must provide the following documents: passport, diploma of education, Taxpayer Identification Number, SNILS, certificate of work characteristics at the main place of work, etc. To search for a candidate to replace a subordinate who is on vacation, advertisements are placed on the Internet and in newspapers.

The procedure for hiring an external part-time worker can be represented as follows:

• the candidate for filling the position of the main subordinate writes an application and submits it to the manager;
• the employer reviews this document and puts a consent resolution on it if the person suits him. The application is sent for further work;
• a fixed-term employment contract is drawn up. It must indicate that the place of work is non-primary. Describes the size and procedure of remuneration. The duration of the contract and other information are indicated;
• a hiring order is issued. It contains the full name of the employee, his position, and the period of performance of labor duties.

An entry in the work book is made at the request of the part-time worker. This is done by an employee of the personnel department at the main place of work. This rule is approved by Article No. 66 of the Labor Code of Russia.

It must be taken into account that not all workers can be part-time workers. The list of persons who are prohibited from being hired for a second job is enshrined in the fifth part of Article No. 282 of the Labor Code of Russia. This list includes minors, as well as citizens employed in hazardous conditions.

New temporary employee

A new temporary subordinate is a person hired into the company’s staff for a certain period of time, who is not officially employed anywhere else.
During the period of vacation of the main employee, many directors decide to hire a new employee to the company. This allows you to attract a high-level specialist and at the same time significantly optimize costs. For a person, temporary employment is an opportunity to earn good money and gain new experience.

If he proves himself well, then after the main subordinate leaves, he can be retained on the company’s staff by being transferred to another vacant position. A new temporary employee is registered by concluding a fixed-term employment contract.

A citizen must submit documents on education, qualifications, passport, SNILS, INN. You also need a work book to record employment. If a person does not have it, then the document will be issued in the personnel department.

The procedure for hiring a new employee during the vacation period of the main subordinate:

• the candidate for the position writes an application and submits it to the head of the enterprise for consideration;
• the director reads the application, conducts an interview and decides whether to hire the person or not;
• if the candidate is suitable, then a fixed-term employment contract is concluded with him for the period of the subordinate’s vacation. It makes a note that the work is basic and temporary;
• an order is issued to hire a person for a specific position;
• an entry is made in the work book.

Expert opinion

Irina Vasilyeva

Civil law expert

From 01/01/2020, for citizens who are employed for the first time and do not have work experience, the employer issues an electronic work book. A generally accepted paper document loses its relevance (Article 2, 439-FZ of December 16, 2019).

Maternity leave for a temporary worker

If the term of the concluded employment contract expires during the pregnancy of a temporary employee, she should do the following: write an application addressed to the employer, to which attach a certificate from a medical institution confirming the presence of pregnancy. In this case, the term of the employment contract will be extended until the end of the pregnancy.

Once every three months, the employee must provide such a certificate to the employer.

It is possible to fire a temporary employee who is pregnant, but only if she performed the duties of an absent employee who is ready to return to her place. The employer, in turn, is obliged to offer the temporary employee all vacancies that are available and correspond to her skills and state of health.

If the contract is not terminated before the decree, the obligation to make all payments falls on the employer.

Temporary worker and his rights

A person hired temporarily has all the rights and responsibilities similar to a permanent employee. The maximum term of an employment contract (fixed-term) is five years. An employer cannot enter into temporary contracts several times in a row. These actions are illegal and entail liability established by Art. 5.27 Code of Administrative Offenses of the Russian Federation.

When the main employee leaves, the temporary one can:

1. Receive a salary based on your qualifications and on the basis of a timesheet that indicates working hours.
2. For the payment of bonuses and compensations, which are determined by the company’s internal regulations. For example, these are collective agreements or labor regulations.
3. On the last working day, payments are made that are due for the period worked by the employee, bonuses, and compensation to the employee for not using legal leave.

How to fire a temporary worker

The Labor Code of the Russian Federation clearly regulates this issue. The basis for dismissal is the end of the employment contract. The employee is aware of the fact that his employment contract will be terminated as soon as the agreed period expires.

Regarding the general procedure:

• A dismissal order is issued;
• An entry is made in the employee’s personal card and work book;
• The employee signs for familiarization with these materials;
• On the last day of work he receives his due payments. The fact that the calculation has been made is recorded by filling out a note - calculation.

It is quite simple to register the work of temporary workers. The main thing is to follow all the rules and regulations in order to avoid not only disputes and conflicts, but also to preserve your business reputation.

Reception

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

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