Entry in the work book for a fixed-term employment contract

Temporary contract

Any labor relations between employees and employers must be recorded. Their presence is generally confirmed by the contract, as well as an entry in the employment contract - in case of a fixed-term employment contract or an open-ended one. If the execution of this document accompanies the establishment of a specific period during which the employee must perform his labor functions, then such a contract is considered urgent.

This definition includes:

seasonal work;
temporary work;
implementation of reconstruction;
commissioning works;
activities of persons holding elected positions;
civilian alternative service.

Derivatives contracts are usually concluded in the presence of one or more factors:

the need to replace a temporarily absent employee;
inability to provide a workplace for an indefinite period due to the nature of the duties performed.

Also see “How to register a replacement during sick leave.” and “We draw up a fixed-term employment contract for the duration of maternity leave.”

Please note: the maximum period for a fixed-term contract cannot exceed 5 years. Otherwise, the contract is classified as open-ended.

Also see “Standard employment contract: who, why and when can conclude it.”

Legislative regulation

According to Art. 59 of the Labor Code of the Russian Federation, hiring an employee under a fixed-term contract is possible under the following circumstances:

the need to replace positions;
hiring for a season;
placement in civilian alternative service;
the organization’s need to perform uncharacteristic tasks of the technological process (start-up work, repairs, reconstruction).

If there are no specified grounds, the conclusion of a time-limited contract is possible with mutual consent of the parties. The maximum duration of such an agreement is no more than 5 years.

Registration in the labor register for a fixed-term employment contract

When hiring a new employee, the employer becomes obligated to maintain a work record book. The only exceptions are part-time workers. Entries for them are made at will on the basis of a written application.

For all other employees, recording their work activities is mandatory. In this case, the nature of the work does not matter.

Also, as in the case of an open-ended working relationship, an entry in the conscript’s work book is made in the following order:

Initially, an order for employment is issued. Enrollment in the labor force is made on its basis.
The title of the title is the name of the employer.
Enter the serial number of the entry (column 1). Moreover, the numbering must be continuous.
Column 2 reflects the start date of work.
Column 3 contains wording about the fact of hiring, indicating the position (according to the staffing table) and structural unit (if any).
The details of the basis document are transferred to column 4. That is, they provide the number and date of the corresponding employment order.

Making an entry in the work book about hiring an employee under a fixed-term contract is no different from recording other labor relations. should not reflect additional information about the pre-agreed period of work under a fixed-term employment contract

Please also note: “Entries in work books do not need to be certified with a seal.”

Entry in the work book about dismissal

When dismissing an employee, as well as when hiring him, it is necessary to issue an order. The order indicates the date and reason for the employee’s dismissal. In our case, a fixed-term employee is leaving due to the fact that the contract has expired.

When making an entry in the work book, you should put a date that corresponds to the date specified in the fixed-term employment contract and in the dismissal order. After this, information about dismissal is entered. The remaining entries in the book correspond to those made when applying for a job. The main difference will be that when making a record of dismissal, the seal of the employing company is affixed. This confirms that the employee’s work activity in this company is completed.

Important! The work record book should be issued to the employee on the day of dismissal (last working day) against signature.

An example of a dismissal entry in a work book

Features of termination

Termination of a fixed-term employment contract has some features. Under certain circumstances, it can be automatically extended, thereby acquiring the status of an indefinite period. This happens in cases where neither party, upon expiration of the document, expressed a desire to terminate the employment relationship.

Termination of a fixed-term employment contract must be accompanied by a written warning from the employer to the employee about the termination of the contract. Notification must be submitted at least 3 days before the end of the period. An exception is performing work for an absent person.

Please note that in the absence of warning, dismissal must occur either with the consent of the employee or on a general basis.

The end of a fixed-term employment relationship may be as follows:

Base	The moment of ending
Completion of work	Confirms the relevant document. For example, an act of completion.
Replacing another employee	His departure to work
End of period	In relation to seasonal work - the onset of a certain calendar date or climatic (temperature) minimum/maximum

The termination of the employment relationship is also accompanied by making an entry in the employment record. In this case, the wording will sound like this:

“The employment contract was terminated due to the expiration of the employment contract.”

The entry made, as with other grounds for dismissal, is signed by the company’s personnel specialist and the owner of the work book. The document must be issued to the dismissed employee on the last working day.

This is what the entry in the employment contract should look like for a fixed-term employment contract :

But in some cases, a fixed-term contract can be terminated early. The most common reasons are:

agreement of the parties;
termination at the initiative of the employee or employer;
transfer to another company;
refusal to further perform work functions due to changed labor circumstances.

And in such situations, a fixed-term employment contract does not affect the entry in the work book in any way. That is, the wording will fully correspond to the real grounds for dismissal.

Also see “Rules for filling out and maintaining a work book.”

Agreement termination mark

If other reasons do not influence early dismissal, information about dismissal is provided within the period specified in the contract. The established algorithm is also followed here:

The name of the organization is not included. Entering information about dismissal begins with a new serial number.
The second column also indicates the date of dismissal.
In the third - the fact of dismissal, indicating the reason and the corresponding article of the Labor Code of the Russian Federation.
The fourth contains the details of the dismissal order.

Grounds – link to the article of the Labor Code of the Russian Federation, entered without abbreviations.

The finished wording of the notice of dismissal, entered in the third column, will be as follows: “Dismiss due to termination of the employment contract, clause 1, part 2, article 77 of the Labor Code of the Russian Federation.”

Information is also entered by a person authorized to enter it in accordance with official regulations, or appointed by order. Upon completion of the entry, the specified person enters the following:

puts his signature;
indicates position, surname and initials.

If this is not a manager or an individual entrepreneur, then the manager’s signature is additionally affixed. The entry is sealed with a round seal of the organization.

Photo of what a sample entry in a work book looks like about hiring under a fixed-term employment contract, as well as about its termination:

Some organizations recruit employees for temporary employment. In such cases, the relationship between the employee and the employer is formalized by a fixed-term employment contract. Read our materials about how such a contract is concluded, whether a probationary period is needed, and how to correctly extend or terminate it with a pregnant employee.

When is a fixed-term employment contract concluded?

Labor legislation provides for two groups of circumstances that allow concluding fixed-term employment contracts:

the nature of the work to be performed or the conditions for its implementation do not allow the establishment of an employment relationship for an indefinite period;
there is an agreement between the parties to the employment contract, on the basis of which a fixed-term contract can be concluded without taking into account the nature of the work to be done.

Reasons for concluding a fixed-term contract that fall into the first category:

the need to perform temporary and seasonal work (if, due to natural conditions, work can only be carried out for a certain period);
sending an employee to work abroad;
the work is related to internship and professional training of the employee;
if a citizen is sent to perform alternative civil service;
sending an employee to community service;
election to an elected body or to an elective position;
the need to replace an absent employee, who retains his place of work, etc.

The list of reasons indicated is not exhaustive.

If there is agreement between the parties, a fixed-term contract can be concluded for the following reasons:

the subordinate works part-time;
the person hired is a full-time student;
the worker has reached retirement age;
there is a doctor’s conclusion confirming the need to draw up such an agreement;
urgent work to eliminate the consequences of an emergency, etc.

Are they required?

As soon as the employer hires a new person to the company, he takes on the responsibility of maintaining the employee's record book.

Registration in the labor record does not depend on the nature and volume of work. Therefore, even with a fixed-term employment contract, registration is required.

The process of adding it is as follows:

First you need to issue a hiring order. Without it, nothing can be entered into the work record;
as soon as the order is ready, the name of the company (employer) is first written down in the labor report;
enter the entry number (in column 1), in column 2 indicate the start date for performing labor duties;
in column 3 indicate the employment record itself, the name of the position and the company division are also written here;
in column 4 indicate the details of the foundation document (write the date, as well as the number of the employment order).

Fixed-term employment contract: what are its features

Taking into account the circumstances of the case, such contracts can be recognized as concluded for an indefinite period.

Now let's move on directly to drawing up a fixed-term employment contract. As mentioned above, it is concluded only if there are grounds established by the Labor Code or other federal law.

Therefore, when drawing up a contract, you need to indicate for what reasons it is concluded with the employee for a certain period.

This requirement is set out in paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation.

A fixed-term employment contract, like any other, must contain mandatory conditions. According to Part 2 of Article 57 of the Labor Code, this is: place of work; labor function; work start date; salary; operating mode; compensation; nature of the work; condition on compulsory social insurance, etc.