Fixed-term employment contract

Concept

There are all sorts of circumstances that require the conclusion of an STD. For example, there are options for the impossibility of concluding an open-ended employment contract if:

Employment of a person instead of an employee who went on maternity leave, since, according to the Law, her job remains.
When employing for the season, for example, workers - for harvesting, or drivers - for summer routes, etc.

In such cases, it is not economically feasible to employ persons permanently. As a rule, STD is concluded with employees for up to 2 months, with the exception of seasonal work, where a work duration of up to 6 months is allowed.

The persons with whom STD are concluded include:

Persons in alternative service or engaged in forced public labor.
Trainees.
Interns.
Persons employed abroad.
Elected deputies also conclude STAs for a specified period.

The STD may have a modified form when, when drawing up an open-ended agreement that requires rotation for some vacancies, both parties agree to the STD. An example of such a mutual agreement could be:

Management team and chief. accountants of institutions with which employers enter into such contracts, insuring the risks of poor management of institutions.
Residential students.
Part-timers.
Persons involved in emergency response.
Persons of retirement age and disabled people who get a job and who are not allowed to take up long-term work due to health reasons.
Persons working on sea and river vessels.
Persons applying for employment at an institution to move to the Far North.
Creative staff. The list of specialties of creative persons was established by the Government of the Russian Federation No. 252 dated April 28, 2007.

The full list of permitted employment under the STD is shown in Art. 58 and art. 59 Labor Code of the Russian Federation.

When a fixed-term employment contract is concluded

The basis for drawing up the STD is Part 1 of Art.
59 Labor Code of the Russian Federation. And part 2 of this article shows the circumstances when the STD can be signed by mutual agreement of the parties. At the same time, the provisions for determining the duration of the working relationship are reflected in the letter of Rostrud No. 6963-TZ dated December 18, 2008. Below is a table that displays the provisions for the conclusion of the STD, prescribed in Part 1 and Part 2 of Art. 59 Labor Code of the Russian Federation.

If, during employment, there are no grounds noted in the table, the head of the institution does not have the right to conclude a STD with the employee. Such a measure would refer to a violation of the employee’s rights.

It is also not allowed to sign the STD multiple times without a break if a subordinate is performing the same work. This is stated in paragraph 14 of the decision of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 “On the application by Russian courts of the Labor Code of the Russian Federation.” Such employment agreements are recognized as unlimited.

Document forms and legal nuances

A fixed-term employment contract is concluded for a period of up to five years.
Free document forms can be downloaded here. Article navigation

When and how to draw up a fixed-term employment contract with an employee
Short-term employment contracts
Notice of termination of a fixed-term employment contract
How to write a notification
Termination of the contract by agreement of the parties
Order to extend the contract
Fixed-term part-time employment contract

The need to attract temporary workers (for up to five years) is often experienced by many enterprises. In some cases, this practice is episodic, while in others it is repeated systematically from year to year (example: pre-season work to prepare resort facilities).

At the same time, the rights of the hired employee should not be infringed in any way - they are protected by the civil and labor legislation of the Russian Federation. Does this mean that you can draw up a fixed-term (as opposed to a permanent) employment contract using the usual procedure: download a standard form and fill it out? No, this type of employment has its own characteristics that both employers and employees need to know.

We are drawing up a fixed-term employment contract in 2021

As noted earlier, in order to issue a STD, it is necessary to have the grounds noted in the previous section, approved by the Labor Code of the Russian Federation. Therefore, when signing the STD, it is required that the agreement reflect the reasons for the conclusion with the potential worker for the period specified in the agreement. The specified provisions are reflected in paragraph. 4 hours 2 tbsp. 57 Labor Code of the Russian Federation.

Mandatory terms of the employment contract

The STD, like every agreement drawn up, must contain the following conditions, which are regulated by Part 2 of Art. 57 Labor Code of the Russian Federation:

Place of work.
Labor responsibilities.
Date of return to work.
Remuneration for work.
Working day schedule.
Compensation payments.
Type of work activity.
Requirement for mandatory social insurance, etc.

If the noted conditions are not met, the STD may be determined to be unlawful.

Sample

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

The longest period of STD is 5 years. The minimum period is not defined by law. When submitting a request for temporary work, the period of temporary work is determined for each category of activity, depending on the specific reasons for which the following can be reflected in the agreement:

“... before Svetlana Danilovna Ivanova goes to work.”
“... for the period that Elena Ivanovna Petrova is on vacation until the baby turns 3 years old.”
“...for the period of holiday under the BiR”

For seasonal personnel, it is required to display in the STD the phrase “for the season” or “before signing the acceptance certificate for the work performed,” etc.

Note. The law prohibits the use of permanent employment as temporary, in order to evade providing subordinates with compensated payments and other benefits upon dismissal. (Law No. 90-FZ of June 30, 2006). For example, if an employer plans to reduce a vacancy, if a subordinate who has received a pension continues to work, or if a disabled person is awaiting re-examination, as well as in other similar circumstances, the court recognizes such labor relations for an indefinite period.

Let's give an example of how an entry should be displayed in a contract when applying for a job under the STD.

Example

I.P. Sidorova was registered to work at Gaming Attraction LLC as a cashier. The institution is open to clients from June 1 to September 30. The head of the company signed a STD with the employee for the duration of the opening of the institution.

In this option, the following phrases must be written in the STD:

"2. Contract time.
2.1. The contract comes into effect from the date of its execution by the Employee and the Chief.
2.2. Start date: June 1, 2021.
2.3. The contract was signed for four months during the opening of the amusement park from June 1 to September 30.
2.4. The contract completion time is September 30, 2021.”

In this example, the completion time of the STD is determined. However, in some circumstances it is not possible to determine the completion date of the CTD. Similar typical circumstances in which it is impossible to determine the final period of work of a temporarily hired employee include the following:

Due to the employee being on maternity leave and on leave to support the baby.
Due to the illness of an employee.
Due to the cessation of seasonal work.

In the listed options, the end of the STD is tied to a specific event. In this option, the head of the institution, when expelling a subordinate upon expiration of the validity period of the STD, is required to be guided by part 2 of Art. 79 Labor Code of the Russian Federation.

Video on the topic

The main advantage of drawing up this agreement is the simplified drafting procedure for each party. The boss does not pay any money, with the exception of wages.

It is worth remembering that if the contract is filled out incorrectly, the executor will go to court. If the judiciary is on his side, the manager may suffer great expenses.

The relationship between an employee and an employer, regardless of the period of time they arise, must be formalized accordingly. All details regarding registration and hiring can be read in the Labor Code of the Russian Federation.

You can find out about the labor agreement between the employee and the employer in Article 16 of the Labor Code of the Russian Federation. It acts as confirmation of the existing labor relationship between the employee and the employer.

Labor relations can be divided into three main types, depending on the period for which they arise. This includes fixed-term, temporary employment relationships and employment relationships concluded for an indefinite period. The latter include employment relationships for a labor period not clearly established by the contract, which does not exceed 5 years.

Labor relations, in addition to being confirmed by an employment contract, can also be confirmed by an entry in the work book. But in the case of concluding a temporary employment contract, an entry into the employment record is very rarely made.

This type of relationship between an employee and an employer is often called temporary, without official registration (since no entry is made in the employment record).

Probation

The question often arises: is it possible to assign a probationary period during employment under the STD?
This depends on the duration and type of work activity during the person’s employment. Seasonal work activity.

When applying to an enterprise for a season, you can assign a trial period lasting more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

At the same time, when filling out the agreement, the text of the document requires reference to Art. 294 Labor Code of the Russian Federation.

Temporary work.

For temporary work up to 2 months, a probationary period cannot be established (Article 289 of the Labor Code of the Russian Federation).

Other work activities.

When filling out the STD for other jobs for a period of 2 to 6 months, the probationary period cannot be more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

Note. Art. 70 of the Labor Code of the Russian Federation regulates that a probationary period cannot be established:

Pregnant workers and employees with children under 1.5 years of age.
Persons elected as a result of a competition to fill a position.
For minors registered for work.
Those who have graduated from a special educational institution and are employed for the first time in their specialty for one year from the date of completion of their studies.
Invited to the enterprise by transfer from another company by agreement between the heads of the companies.
To other persons, in situations prescribed in the Labor Code of the Russian Federation, in collective agreements and in other legislative norms of the Russian Federation.
The probationary period cannot be more than 3 months, and for management personnel, Ch. accountants and other separate categories of persons - up to 6 months, unless otherwise provided by legislative acts of the Russian Federation.

Leave and compensation

An employed subordinate is allocated paid annual leave with the preservation of his position and salary according to general provisions (Article 114 of the Labor Code of the Russian Federation).
The duration of vacation is no less than 28 days per annual working period (Article 115 of the Labor Code of the Russian Federation).

If a temporary employee has not worked for a full year, the duration of the vacation is calculated in proportion to the period worked.

An employee has the right to go on leave for the initial year of employment after 6 months of working at the enterprise (Part 2 of Article 122 of the Labor Code of the Russian Federation). From here, we can conclude that a person hired for temporary work for up to 6 months does not have the right to paid leave. However, upon deduction due to termination of the STD, he has the right to compensation for accrued vacation days for the period of work in accordance with the Labor Code of the Russian Federation.

Payment for vacation days is calculated based on the average salary, calculated in the manner reflected in Art. 139 of the Labor Code of the Russian Federation, as well as the Instructions established by the Government of the Russian Federation in order No. 922 of December 24, 2007.

An employed person may be granted leave for family and other respectful situations at his own expense on the basis of a petition submitted in writing (Part 1 of Article 128 of the Labor Code of the Russian Federation).

Entry in the work book when employed under a fixed-term employment contract

According to clause 4 of the Instructions for maintaining labor books, adopted by Government Decree No. 225 of April 16, 2003, the following data is recorded in the labor book:

About a working person.
About dismissal.
Data on awards for labor achievements.
Grounds for terminating an employment agreement.

Therefore, if an employee is employed under the STD for any period, it is required to write this down in the work book or open a new one if the employee does not have one. The employer is obliged to enter data into the work record book about hiring if the person has worked at the enterprise for more than 5 days and the work is his main one (clause 3 of Government Decree No. 225 of April 16, 2003).

At the same time, it is not necessary to indicate on the employment form that the person is registered for work under the STD. It is also not required to note that a subordinate, for example, is replacing an absent employee. It will be enough to write down, for example: “Enrolled in the position of engineer,” noting the entry number, the date of its entry, as well as the details of the order for employment (letter of the Federal Labor Standard No. 937-6-1 dated 04/06/2010).

Upon expulsion

Upon dismissal, the work book is issued to the subordinate on the day of completion of the STD (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

According to clause 5.2 of the Rules for maintaining work books, adopted by the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003, upon completion of the labor record book on the basis of Art. 77 of the Labor Code of the Russian Federation, data on deductions are recorded in the work book, with reference to the same article of the Labor Code.

End of action

Termination of the contract occurs on the established date specified in the documentation when hiring. In this case you need:

notify the employee 3 days in advance (except for competitive positions);
draw up an order to terminate the period of work;
accrue severance pay;
fill out and issue a work book.

For deputies, the expiration of the term is considered to be the departure of the main employee.

To dismiss an employee, the wording must be included in the text of the order: “Dismissed upon expiration of the employment contract . The same wording, with reference to “the grounds of clause 2 of Article 77 of the Labor Code of the Russian Federation,” is included in the work book.

The picture shows sample records of the hiring and dismissal of an employee under a fixed-term employment contract:

If the parties forgot about the date of dismissal and missed it, the contract loses the legal force of urgency and goes on an indefinite basis. Accordingly, the employee has the right to continue working in his previous position, but in a new status.

That is, a precedent arises for the automatic extension of the term and transformation of the status of the contract.

In addition to missing the dismissal date, a fixed-term contract can be extended by drawing up an additional agreement, which indicates that the terms of the contract are changing and it is transferred to a permanent basis.

Extension of a fixed-term employment contract

STD can be extended. Here are some options for extending the STD.

Mandatory extension of STD.

The actual status of STD can certainly be continued only in one option - when the pregnancy of a subordinate is established. In this circumstance, the employer is obliged to continue the duration of the STD until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). At the same time, a pregnant employee is required to write a statement and provide a doctor’s certificate of pregnancy.

Extension by agreement of the parties.

In Part 4 of Art. 58 of the Labor Code notes the following. In the case where the parties to the STD, upon its completion, did not notify of its end and the employee continues to work, the STD loses its status as a fixed-term agreement and becomes an open-ended agreement.

The agreement status is changed automatically, so no application is required. Thus, after this, the subordinate who remains to work is subject to the labor law standards reflected in the open-ended employment agreement.

However, in this case, it is recommended to draw up an additional agreement to the employment contract (Rostrud letter No. 1904-6-1 dated November 20, 2006).

Next, an order from the boss is issued, which states that the employment agreement becomes indefinite. The basis for the order is an additional agreement.

Order to extend the contract

Situations in which an employer and an employee hired under a fixed-term contract have a mutual desire to extend their joint employment relationship are not uncommon. The simplest solutions are:

Conclusion of a new agreement;
Enrollment of an employee on a permanent staff;
Drawing up an additional agreement indicating the period for extending the employment contract.

There is a fourth option for action, or rather, inaction: if the administration of the enterprise does not notify the temporary worker of dismissal three days in advance, the contract automatically becomes permanent. But this method of extension is not always acceptable, especially when the manager is not entirely sure of his desire to maintain the employment relationship for a long time.

The extension of a fixed-term contract upon reaching mutual agreement is documented according to the following procedure:

The temporary worker writes a statement in advance, before the expiration of the current contract, with a request to remain in the organization;
The head expresses his consent with a resolution on this document;
An order is issued to extend the period of temporary work (no more than a year), which must indicate a serious reason or provide a link to an additional agreement.

An important point: a fixed-term contract is not terminated at the initiative of the administration of an enterprise with pregnant women (Article 231 of the Labor Code of the Russian Federation) before the date of birth.