Fixed-term employment contract - how to conclude and terminate + sample

Subject of the agreement

1.1. Under this employment contract, the Employee undertakes to fulfill the duties of his profession/position [indicate work by position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee] at [place of work, and in the case where the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location], and The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

1.2. Work under this agreement is the main place of work for the Employee.

1.3. Working conditions at the workplace in terms of the degree of harmfulness and (or) danger are [optimal (class 1)/ acceptable (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)].

1.4. The employment contract was concluded for seasonal work.

1.5. The employee must begin work on [day, month, year].

1.6. The employment contract terminates at the end of the season [date, month, year].

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Peculiarities of labor relations with seasonal workers

When engaging employees in seasonal work, the employer is obliged to comply with the basic requirements of labor legislation, namely:

conclude an employment contract;
reflect the entry in the work book;
pay for labor in accordance with the established rate;
provide the employee with paid vacation days;
guarantee payment of benefits in case of temporary disability on the basis of sick leave.

In accordance with Art. 295 of the Labor Code of the Russian Federation, for each month of work, a seasonal employee is accrued 2 calendar days of paid leave, which he can use during the period of work or receive compensation at the time of dismissal.

Rights and responsibilities of an employee

2.1. The employee has the right to:

— conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

- providing him with work stipulated by the employment contract;

— a workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any];

— timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

— rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;

— complete reliable information about working conditions and labor protection requirements in the workplace;

— training and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws;

— association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

— participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any, and by the collective agreement;

— conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements;

— protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law;

— resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

- compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

— compulsory social insurance in cases provided for by federal laws;

— [other rights provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

2.2. The employee is obliged:

— conscientiously fulfill his labor duties assigned to him by the employment contract;

— comply with internal labor regulations;

— maintain labor discipline;

— comply with established labor standards;

— comply with labor protection and occupational safety requirements;

— take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

— immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property);

— [other duties provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

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Rights and obligations of the employer

3.1. The employer has the right:

— conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

— conduct collective negotiations and conclude collective agreements;

— encourage the Employee for conscientious, effective work;

— require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations;

— bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

— adopt local regulations;

- create associations of employers for the purpose of representing and protecting their interests and join them;

— create a works council;

— [other rights provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

3.2. The employer is obliged:

— comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the employment contract, agreements, collective agreement [if any];

— provide the Employee with work stipulated by the employment contract;

— ensure safety and working conditions that comply with state regulatory requirements for labor protection;

— provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

— provide the Employee with equal pay for work of equal value;

— pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], internal labor regulations, and the employment contract;

— conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

— provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

— familiarize the Employee, against signature, with the adopted local regulations directly related to his work activity;

— timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

— consider the submissions of the relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

— create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

— provide for the Employee’s everyday needs related to the performance of his job duties;

— carry out compulsory social insurance of the Employee in the manner established by federal laws;

— to compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

— [other duties provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

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Example of a fixed-term employment contract (for seasonal work)

(For seasonal work)

FIXED-TERM EMPLOYMENT CONTRACT No. ____

Limited Liability Company "xxxxxx", hereinafter referred to as the Employer, represented by the director _______________________________________________________, acting on the basis of the Regulations and Power of Attorney dated ________ No. ___ on the one hand, and the citizen of the Russian Federation ______________________, hereinafter referred to as the Employee, on the other hand, have entered into this employment contract for below.

1. Subject of the employment contract. General provisions.

1.1. Under this employment contract, the Employer provides the Employee with work in the profession (position, specialty) ______________, and the employee undertakes to personally perform the specified work in accordance with the terms of this employment contract.

1.2.Characteristics of working conditions:

- in accordance with the assessment of working conditions dated __________, No. _________, the employee is engaged in work with hazardous working conditions:

Name of factors of the production environment and labor process	Class (subclass) of working conditions
The severity of the labor process (including men - ___; women - ___)	__
Final class (subclass) of working conditions	___

— when an employee is involved in working with pesticides, the work has the following working conditions:

Name of factors of the production environment and labor process	Class (subclass) of working conditions
Chemical
The severity of the labor process
Final class (subclass) of working conditions

1.3. The employee is hired at ______________________________________________, located at: ___________________________.

1.4. The employee works in a structural unit of the Employer

____________________ _________________________________

(name of structural unit)

1.5. This employment contract was concluded from ________20__ for the period of harvesting, to carry out work related to the obviously temporary (up to one year) expansion of production, paragraph 5 of Art. 59 of the Labor Code of the Russian Federation.

1.6. Start date of work, that is, the date from which the Employee is obliged to start work “___” ________ 20__.

1.7. This employment contract comes into force on the date of commencement of work specified in clause 1.6.

1.8. The work under this employment contract is the main one for the Employee.

2. Rights and obligations of the Employee.

2.1. The employee carries out his activities in accordance with the current labor legislation of the Russian Federation, the Internal Labor Regulations of the Employer, other local regulations of the Employer, the job description and the terms of this employment contract.

2.2. The employee has the right to:

2.2.1. conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

2.2.2. providing him with work stipulated by the employment contract;

2.2.3. a workplace that complies with state regulatory requirements for labor protection and the conditions provided for by the collective agreement;

2.2.4. compulsory social insurance in cases provided for by federal laws;

2.2.5. timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

2.2.6. compensation for harm caused to the Employee in connection with the performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

2.2.7. exercise of other rights provided for by the labor legislation of the Russian Federation, internal labor regulations and other local regulations.

2.3. The employee is obliged:

2.3.1. conscientiously perform work in the specified position (specialty) in accordance with this Employment Agreement, job description, carry out orders, instructions, instructions, and other local regulations of the Employer;

2.3.2. comply with internal labor regulations and labor discipline;

2.3.3. comply with established labor standards;

2.3.4 comply with labor protection and occupational safety requirements;

2.3.5 treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

2.3.6. immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).

2.3.7. maintain your workplace, equipment and fixtures in order and cleanliness;

2.3.8. comply with the procedure established by the Employer for storing documents, material and monetary assets;

2.3.9. not to disclose and protect information that constitutes a trade secret of the Employer. The list of information constituting a trade secret of the Employer is determined in accordance with the Regulations on the procedure for maintaining trade secrets in force at the Employer, with which the Employee must be familiar.

2.3.10. compensate the Employer for damage caused by the disclosure of information that constitutes a trade secret;

2.3.11. improve your professional level through systematic independent study of specialized literature, periodicals, information from other sources on your position (profession, specialty), on the work performed;

2.3.12. conclude an agreement on full financial liability in the event of the start of work on direct servicing or use of monetary, commodity valuables, other property, in cases and in the manner prescribed by law;

2.3.13. carry out oral and written orders of superior officials of the Employer.

2.3.14. non-inclusion in the employment contract of any of the rights and (or) obligations of the Employee and the Employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the Employee and the Employer arising from from the terms of the collective agreement, agreements, cannot be considered as a refusal to exercise these rights or fulfill these obligations.

3. Rights and obligations of the Employer.

3.1. The employer has the right:

3.1.2. conclude, amend and terminate an employment contract with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws, and this agreement;

3.1.3. encourage the Employee for conscientious, effective work;

3.1.4. require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and to comply with internal labor regulations;

3.1.5. bring the employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

3.1.6. conduct regular (annual) and extraordinary certifications in order to confirm by Employees their professional level and qualifications;

3.1.7. require the Employee to fulfill labor duties provided for by labor legislation, this Agreement, internal labor regulations, other local regulations of the Employer and job description, as well as compliance with labor discipline, working hours and rest;

3.1.8. the employer has other rights granted to him by labor legislation.

3.2. The employer is obliged:

3.2.1. comply with labor legislation and other regulatory legal acts of the Russian Federation containing labor law norms, local regulations, terms of the collective agreement, agreements and this employment contract;

3.2.2. provide the employee with work stipulated by the employment contract;

ensure safety and working conditions that comply with state regulatory requirements for labor protection;

3.2.3. provide the Employee with equipment, tools, technical documentation and other means necessary to perform their job duties;

3.2.4. provide the Employee with timely and full payment of wages in accordance with his qualifications, complexity of work, quantity and quality of work performed;

3.2.5. acquaint the Employee, against signature, with the adopted local regulations directly related to his work activity;

3.2.6 carry out compulsory social insurance of the Employee in the manner established by federal laws;

3.2.7. compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

3.2.8. maintain a work book for the Employee in accordance with the legislation of the Russian Federation.

3.2.9. perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and this employment contract;

4. Work and rest schedule.

4.1. The work and rest schedule is established by this Agreement and the internal labor regulations.

The employee is provided with a summarized recording of working time with the duration of the accounting period being 3 months. The employer determines the standard working time according to the production calendar based on a 40-hour work week. The operating hours are set according to the work schedule.

4.2. During the working day, the employee is given a break for rest and food lasting one hour.

4.3. The accounting of working time actually worked by the Employee is displayed in the working time sheet.

4.4. The employee’s work in the position specified in clause 1.1 of the contract is carried out under conditions that meet the requirements of the current legislation of the Russian Federation.

4.5. The employee is granted annual basic paid leave of 28 calendar days. The right to use vacation for the first year of work arises for the Employee after six months of his continuous work at the enterprise.

4.6. The employee is granted additional annual paid leave for work with hazardous working conditions in class ___, in proportion to the time worked with pesticides at the rate of 7 calendar days per year.

4.7. For family reasons and other valid reasons, the Employer may, upon his/her application, grant leave without pay.

5. Terms of remuneration.

5.1.The Employer pays wages in accordance with local regulations governing the wages of the Company’s Employees.

5.2. The employee is set piecework wages based on the approved hourly wage rates for workers of the enterprise, in accordance with the order of the enterprise dated хх.хх.хххх №ххх and approved production standards, in accordance with the orders of the enterprise dated хх.хх.хххх № ххх, from хх.хх.хххх No. xxx.

Additional payment for work in hazardous working conditions:

— by class ___ to vehicle – __%;

- for class ___, when working with pesticides, for vehicles - __%.

Subject to working out the standard time for a month and fulfilling the production standards, the amount of remuneration cannot be lower than the minimum wage - 7800 rubles, established by the legislation of the Russian Federation.

5.3. By decision of the Manager, based on the results of his work, an employee may be given personal allowances to his official salary (tariff rate), bonuses and other types of incentive and compensation payments. The procedure and amount of such payments are established by the Employer’s local regulations.

5.4. The Employer pays the Employee wages twice a month: on the 10th and 25th. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.

5.5. From the salary paid to the Employee in connection with this employment contract, the Employer withholds personal income tax, as well as makes other deductions in accordance with the current legislation of the Russian Federation and transfers the withheld amounts as intended.

6. Amendment and termination of this Agreement.

6.1. Any changes and additions to the terms of this Agreement, except for the cases directly provided for herein, are formalized by additional agreements, which, after signing by the parties, become an integral part of it.

6.2. This Agreement may be terminated at the initiative of any of its parties on the grounds and in the manner established by the Labor Code of the Russian Federation.

7. Special conditions.

7.1. Confidential information (commercial and official information) is any information, regardless of the form of its presentation, relating to the Employer’s clients, financial issues, sources and methods of obtaining orders for the implementation of activities by the Employer, methods of doing business, ongoing or completed transactions, business correspondence, as well as other information that became known to the Employee in connection with the performance of his official duties.

7.2.For disclosure by the Employee of information constituting an official or commercial secret (confidential information), the Employer has the right to hold the Employee accountable.

7.3. Relations between the parties not regulated by this Agreement are regulated by the Labor Code of the Russian Federation.

7.4. Disputes and disagreements that have arisen between the parties, including on issues that are not reflected in the text of this Agreement, are resolved by agreement of the parties or in the manner prescribed by law.

8.Final provisions.

8.1. This Agreement comes into force from the moment it is signed by the parties.

8.2. This Agreement is drawn up in two copies having equal legal force, one for each of the parties.

8.3. Receipt by the Employee of a copy of this Agreement is confirmed by the Employee’s signature on a copy of this Agreement stored by the Employer.

8.4. The Employee grants the right to receive, process and, if necessary, transfer personal data obtained using video surveillance systems installed on the Employer’s territory in order to ensure the safety of the parties to the employment contract and identify violations of the legislation of the Russian Federation and local regulations of the Employer.

8.5. Video recording made on the territory of the enterprise by a video surveillance system is confidential information that is not subject to distribution, except in cases established by law and local regulations of the enterprise.

9. Addresses and details of the parties.

9.1. Information about the Employee:

Information about the employee’s identity document:

document name: passport
series and document number
document issue date
name of the authority that issued the document

Other information about the employee:

9.2. Information about the Employer:

Requisites

The employee is familiar with:

1. Regulations on remuneration of employees _____________________________ ______________