Hello! Today we’ll talk about hiring under a fixed-term employment contract. The specifics of such an agreement are spelled out in detail in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid legal disputes and fines, the employer should understand all issues in detail.

What is a fixed-term employment contract?

Urgent employment contract - a common type of agreement between an employer and an employee, when for certain reasons this relationship has an agreed upon expiration date, as opposed to the usual.

• Download the form, sample of a fixed-term employment contract
• Download a sample order for employment under a fixed-term employment contract

Fixed-term and unlimited-term contracts - what is the difference?

For ease of comparison, we present the data in table form:

However, the employer cannot always freely choose what type of contract to offer the applicant, since in some points the law requires the conclusion of a STD, and in others it makes such a step on the part of the employer possible, but not mandatory.

In what cases is it necessary to register an employee under the STD?

There are types of work, the nature and conditions of which require the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal factors, as well as the inability to know the end date of the activity.

Let's list the main cases:

• During the absence of a permanent employee (for example, due to maternity leave);
• When sending an employee to work abroad;
• When an athlete temporarily transfers to another employer;
• If the employing organization itself is created temporarily to solve a specific problem;
• For activities that are not typical for the organization;
• To perform seasonal work;
• To perform temporary work (up to two months);
• For work in connection with professional activities/internships;
• For persons directed to public Works;
• If the employee is the vice-rector of a higher educational institution;
• If citizens undergo alternative civil service;
• When elected for a fixed term as a member of an elected body.

In what cases is it possible, but not necessary, to register an employee under the STD?

An optional STD is called “by agreement of the parties.”

An employer may enter into it with persons under the following circumstances:

• Small businesses with a staff of no more than thirty-five people;
• An employee of retirement age, and also if, according to a doctor’s prescription, he can only be in temporary work;
• Working in the Far North requires moving there;
• To eliminate the consequences of disasters, epidemics, accidents, as well as to prevent these events;
• People creative professions(filmmakers, media journalists, theater and circus artists);
• Full-time employee of an educational institution;
• Crew members of sea and river vessels;
• Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activity of the company;
• Part-timers;
• Deputy positions of scientific and pedagogical staff in a higher educational institution;
• Persons invited to a coaching position to prepare students for competitions.

In all other cases (their overwhelming majority), the law prescribes the hiring of workers only under an open-ended employment contract.

How to apply for a job according to STD

So, if the employer is convinced that the case of his future employee falls under one of the above points, the question arises about competent hiring, including the correct filling out of all documents. In general, employment under STD is no different from traditional employment, but has several features.

In both options, for employment, the employee must bring the following documents to the personnel department:

• Passport or other identification document;
• Work book (if this is the first job, the employer by law does not have the right to ask the employee to bring an empty book, since it is a document strict reporting. It must be started by the employer himself);
• Insurance certificate of state pension insurance (SNILS);
• Documentation military registration– for persons liable for military service;
• Document on education or qualifications;
• Certificate of good conduct.

Strictly according to the Labor Code, the employer does not have the right to request from the employee TIN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee’s activity (trade, education, catering, etc.).

After the employee submits the documents, the next multi-stage stage begins - its registration HR department organizations. At this stage, there are a number of nuances characteristic of STD.
Let's look at them in the table:

It is mandatory that even before signing the contract, the employee must familiarize himself with the internal rules labor regulations, his job description, and also confirm your familiarization with a signature in the appropriate journal.

The employment contract, order and work book are registered in the appropriate journals by an employee of the personnel department.

What probationary period can be set for STD?

As is known, under a regular employment contract probation cannot exceed three months (or six months in the case of the position of manager or chief accountant). However, with STD the conditions are somewhat different, given the possible short duration of work.

• Unless otherwise provided, the probationary period remains standard - up to three months;
• If the TD is issued for a period of two to six months, then the duration of the trial cannot exceed two weeks;
• If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we have examined the key issues regarding a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and even more confidently lead their enterprise to success.

What is a fixed-term employment contract? What does it mean? The word “deadline” indicated in the title of the term does not mean the speed of making a decision on concluding a transaction, but duration of the period labor relations .

A fixed-term employment contract means that the company at this particular moment needs an employee for the duration of a certain job, and its manager assumes that upon expiration of the term, the employment relationship will be terminated.

For example when it is impossible to conclude an open-ended contract which is usually associated with:

• worker who occupied vacant position earlier, went to maternity leave. Her place is reserved in accordance with the Law;
• on seasonal work . There may be a need for harvesters, summer route drivers, and support workers for ski slopes. The enterprise is limited in its activities by weather or natural conditions, therefore, maintaining a full staff year-round is not economically feasible;
• The job for which recruitment is open is not permanent in principle and the need for it lasts no more than two months. For example, an enterprise is planning to hold an advertising campaign and needs promoters who will offer possible buyers leaflets indicating the address of a new trading house or office;
• If promotions can be carried out at least periodically, then there are events that generally go beyond current activities. The premises need to be reconstructed, a logo for a new company needs to be developed, a website needs to be created, a lawyer is needed to consider the case in the Arbitration Court. This task can be entrusted to a specialized company, or it can be performed by newly hired employees.

Citizens, undergoing alternative service or sent for forced public works; trainees; interns; persons accepted for work abroad; elected deputies are also employed for a pre-agreed period.

When it is possible to conclude an open-ended contract, but for reasons of rotation, legal requirements for the employment of certain categories of citizens or working conditions, it is advisable to limit it to an end date. Wherein both parties must agree to the fixed-term nature of the contract.

Examples of such voluntary restrictions:

• managers, their deputies and chief accountants of enterprises. Due to the responsibilities assigned to these positions, the owners legal entities thus insuring the risks of ineffective enterprise management;
• full-time students;
• part-time workers;
• emergency responders;
• newly employed old-age pensioners and disabled people who are not allowed permanent employment for health reasons;
• employees at private enterprises with no more than 35 employees;
• employees on sea and river vessels;
• those finding employment with the condition of moving to the Far North;
• creative workers of editorial offices, theaters, the film industry, circuses (the list of such professions and positions is approved by the Government of the Russian Federation) and others.

Subtleties of conclusion

How does a fixed-term employment contract differ from a regular employment contract? At the end of the fixed-term employment contract, the employee is subject to dismissal. This is the difference between a fixed-term employment contract and a regular “permanent” employment contract. If the term of the fixed-term employment contract is not specified, you are employed “permanently”, your dismissal is not expected.

In terms of basic guarantees and rights of workers, there should be no differences with those employed on the condition of indefinite employment. Temporary workers have the right to vacation, normal working hours, and wages. They are provided with special clothing and personal protective equipment, and are subject to all local regulations enterprises and labor protection regulations.

Duration

For what period is a fixed-term employment contract concluded? What is the maximum period? And what is the minimum?

Fixed-term employment contract is concluded for a period of no more than five years- this is the maximum (maximum) period, the minimum is not specified in the Law.

This:

• concluding an agreement for a period of up to two months;
• vacancies selected for filling through a competition;
• holding a paid elective position;
• conscripts of alternative civil service;
• women raising children under 1.5 years of age and pregnant employees;
• graduates who find employment in their specialty for the first time within one year from the date of receipt of their diploma (for educational institutions with state accreditation), students who completed their apprenticeship at the same enterprise;
• minors (under 18 years of age);
• persons transferred from another employer.

• employed for 2-6 months – 2 weeks;
• managers, their deputies, chief accountants – six months;
• civil servants – from a month to six months or up to a year (Article 27 Federal Law No. 79-FZ dated July 27, 2004);
• other cases – 3 months.

Registration of a work book

If the employment contract is concluded for a certain period, upon acceptance it is done in the usual manner and does not contain references to the period ( Letter of Rostrud No. 937-6-1 dated 04/06/2010). Violation of this rule entails administrative liability of the employer under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

But upon dismissal, if the employee terminates the employment relationship, an entry is made “upon the expiration of the employment contract, paragraph 2 of part one of Article 77 of the Labor Code of the Russian Federation.”

Since the wage fund for temporary and permanent employees does not differ, the enterprise makes mandatory payments to social insurance funds for everyone, and the insurance period for all employees is calculated according to the same rules.

Leave and compensation

Submission procedure annual leave does not differ from the usual one, employees are granted leave of 2 days for each month of work based on a six-day working week(Articles 291, 295 of the Labor Code of the Russian Federation, Letter of the Ministry of Labor N 625-ВВ dated 02/01/2002).

Compensation for unused vacation also are accrued as usual, however, here you need to remember that if you are employed for less than 15 days, it is still valid Article 35 of the Rules of the People's Commissariat of the USSR on regular and additional holidays No. 169 of 04/30/1930“When calculating... surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to the full month.”

Maternity leave for female employees are provided as usual(). But its duration does not depend on the registration method; the employee will simply be dismissed on the last day of maternity leave.

But maternity leave until the child is one and a half years old are provided only for the duration of the contract ().

You can download a sample fixed-term employment contract.

"Pros and cons"

So, let's look at the pros and cons of a fixed-term employment contract for an employee. Temporary nature of the work, of course, limits the desired conditions for employment, but in the case where it is not possible to find a permanent position, one should be guided by other considerations: size wages, working conditions, gaining work experience in successful company, filling the forced pause during unemployment.

And then, life goes on and circumstances can change: for example, You will establish yourself as a particularly valuable employee and you will be offered another position in the structure of the same enterprise; at the end of maternity leave, the employee will go on her next maternity leave, or change her job to the one she considers most suitable.

Temporary work is often in demand by students, housewives or retirees who want to earn extra money.

If your profession is a builder or a specialist in information technology, most likely, there will be a job for you in such a niche, if you are not an employee of a specialized organization and are capable of attracting material resources enterprises, perform highly professional tasks.

For an employer who wants to reduce costs and has the ability to control the work themselves, attracting specialists for a specified period can be no less profitable.

If capital work is carried out in an economic way, if a specialist who permanently holds a position has taken sick leave or gone on vacation, and the labor market allows you to attract additional labor resources– why not take advantage of the proposed legislation?

The personnel service, in this case, must function flawlessly, because, if the dismissal date is missed, the person remains on staff permanently.

Passed stage

So, the final date of the concluded contract expires. What are the possible ways? Extension? Completion? How to fire?

Let's consider typical cases:

• . The employee is given a final payment and the work book is returned. with the entry “at the end of the period...”. Everything is as usual, if the company complied with the terms of the conclusion and had legal grounds for this;
• – if a woman is pregnant or caring for a baby under 1.5 years old;
• dismissal of an employee under a fixed-term employment contract is possible by the employer’s decision, even when the contract has not expired. The employee is paid compensation and dismissal benefits within two months;
• translation to permanent job (by agreement of the parties or oversight of the personnel service);
• early dismissal on the initiative of one of the parties - similar to generally accepted procedures;
• re-registration. Arbitrage practice shows that repeated re-contracts violate the Law and the employee will have the right to appeal the next dismissal on these grounds with reinstatement at work.

Each person has the right to independently decide what is more important to him, stability or constant change of activities and impressions. But no matter what you choose, it is important to remember the “rules of the game” and to be protected by the law. We hope our article helped you better understand one of the issues of labor relations.

Useful video

What a fixed-term employment contract is, in what cases and in what order it is concluded, you will learn in the video below:

In this article we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. In this case, the boss concludes that after the completion of this period, the employment relationship will be completed.

People decide to secure such an agreement due to certain reasons, for example, if a job applicant does not have the right to enter into an open-ended agreement:

1. Due to the fact that the employee who previously occupied vacant place, is currently on maternity leave (the law establishes that this position still belongs to that employee).
2. In connection with seasonal work, when, for example, a harvester is needed, and the organization cannot provide efficient work without attracting additional labor.
3. Work under a fixed-term employment contract, where employees are now being recruited, is not permanent and lasts approximately 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see), who will “promote” the organization by distributing leaflets on the street.
4. New employees may also be required if the company is just starting to go public, so a designer needs to develop a logo or create a website.
5. The organization now needs people who will be involved in the same area: interns, interns, etc.
6. There are also situations when it is possible to conclude an open-ended contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such people:

• managers, their deputies and specialist accounting companies;
• students who are studying full-time;
• part-time workers;
• people who work to prevent emergencies;
• pensioners re-employed upon reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
• employees of individual entrepreneurs, where the number does not exceed 35 people;
• workers on sea and river vessels;
• persons who are looking for work in connection with moving to the Far North;
• creative workers (writing, theater, cinema, circus).

If you want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it necessary to conclude a fixed-term employment contract?

In what cases should the following form be drawn up:

• for the period of replacement of an absent employee who is still assigned his previous place of work;
• for the period when it will be necessary to perform temporary work;
• seasonal work;
• if a person is transferred to work abroad;
• for the implementation of work that goes beyond the normal activities of the employer;
• with people who are going to enter into a contract with a company created for a short period of time;
• with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
• to carry out work directly related to practice or additional vocational education in the form of an internship;
• in case of employment in the authorities state power and local government, political parties and other public associations;
• with people who were redirected by the State Health Service to non-permanent work and public works;
• with persons who are going to undergo AGS;
• other situations established by law.

Positive and negative characteristics

The following positive traits have been identified for the employee:

• the presence of certain social guarantees;
• receiving a specific amount after dismissal due to termination of the enterprise;
• a fixed-term contract can only be drawn up if all the requirements prescribed by law are met.

However, there are also negative properties:

• leaving work due to the fact that the contract has ceased to be valid;
• dismissal due to the return of an old employee;
• difficulties encountered due to the need to care for the child;

As for the person who hires employees in connection with the registration temporary contract, then a disadvantage for him may be the pregnancy of the employee, and, accordingly, removal from office for some time. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If speak about on the positive side, then it must be said that in this case the employer can completely control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract?

The Labor Code sets out the basic requirements and rules. The document specifies the unconditional grounds and conclusion of the document in connection with the agreement of both parties.

Let's consider a fixed-term employment contract and its conditions:

• fixation of the contract due to another employee leaving the place of work for some time;
• establishment of temporary or seasonal work;
• work abroad;
• due to an increase in volumes at the enterprise;
• if the company will operate only for a specific time;
• during the internship period of the future employee;
• at the time of attachment to the vacancy in question;
• with inconsistent funding of the elected body;
• when working at the labor exchange and at the ACS.

Main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

1. Article 78 of the Labor Code of the Russian Federation contains information that the document may cease to be valid at any time. Thus, an employee can be fired, even if at that time he is on vacation or sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
2. The employee in this case also has a number of advantages, since there is no need to notify your boss within two weeks that you are leaving your place of work. The employee will receive payments immediately and not partially. An additional advantage is that upon dismissal there will be no need to discuss this topic with trade union organizations (81 Labor Code of the Russian Federation).

An agreement for professional training in an organization with a future employee or for professional retraining with an employee of this organization may also be terminated (208 Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or due to the conditions specified in the form.

It is possible to extend the term of a contract that establishes a fixed-term employment relationship for some period of time.

If you choose an extension for an indefinite period, then you will not need to sign additional documents, since, according to the terms, the contract ceases to be valid over time. However, relationships based on an agreement between the employee and the employer regarding the personal performance of the employee labor function, are still real even after the date that establishes the end of the fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are planning to renew your employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the relationship fixed-term contract cannot exceed a period of up to 5 years.

Extension of a fixed-term employment contract for a new term

In 2018, it was established that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: management takes responsibility only for a while, so they can break the contract at any time. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for a new term is carried out only if a person has really serious reasons for this.

How to hire staff under a fixed-term employment contract

Let's take a closer look at what stages exist in the preparation of the document in question:

1. Direct conclusion of the contract. Here you need to indicate the period (specific date, if available, and others prerequisites). Before signing a document, the employee must study the internal regulations.
2. The company issues an order for the employee to start working. The employee must sign the form within three days.
3. Registration of a work book.
4. Filling out a personal card in accordance with the sample.

Probation

In Article 70 of the Labor Code of the Russian Federation there is full list people for whom a probationary period is provided. This includes persons who:

• draw up a contract for a period of up to 2 months;
• passed the competition;
• receive a salary for an elected position;
• AGS persons;
• are engaged in raising their children under 1.5 years old and pregnant women;
• graduates who have just graduated and are now getting a job based on their diploma, as well as students who have been in practice with this enterprise;
• have not reached the age of 18;
• were transferred from another boss.

1. Employees who will be at the enterprise for 2-6 months – 2 weeks.
2. Managers, deputies, chief accountants – 0.5 years.
3. Employees performing certain duties in accordance with their position at public service– month-6 months-year.
4. In other cases it is set to 3 months.

Features when working with pensioners

The boss can enter into an agreement with the pensioner for a certain period. However, there is a nuance here: if you currently have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to a fixed-term type, this is not necessary.

Vacations

A person receives vacation or sick leave according to basic rules that do not depend in any way on the time period of the contract.

How to fire a pregnant woman

Article 261 part 2 of the Labor Code of the Russian Federation states that at this period in a woman’s life it is impossible to terminate a fixed-term employment contract, even if its term for concluding a fixed-term employment contract has expired.

Based on a written application, it is only possible to extend the contract until the birth of the child.

There is also a small nuance here: if the girl was a replacement for an absent employee, then after his departure the expectant mother will have to find another open vacancy. If the transfer cannot be made, then it is necessary to provide a written refusal from the employee.

For what period is a fixed-term employment contract concluded?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, a contract can be concluded for 1 day.

Expiration or termination of a fixed-term employment contract and the reasons for such a procedure

Early termination may occur in the following situations:

• with the consent of both persons (Article 78);
• filling out an application from the employee (Article 80), as well as providing the boss with this information 14 calendar days in advance;
• at the request of the head of the company (Article 81), in this case he must notify the employee at least a month before the expiration of the contract.

Is there a way to convert a fixed-term contract into an open-ended one?

If no one has expressed their desire to terminate the fixed-term employment contract, then it is considered that the contract is now indefinite.

Sample of an open-ended employment contract

Features of a temporary employment contract

In this case, the person must necessarily indicate the period for which he enters into the contract.

However, there are cases in life when it is impossible to say for sure about the termination of a document (maternity leave). In this situation, the end date of the contract will be set after the employee returns from vacation.

As we can see, a fixed-term employment contract requires careful consideration of all aspects. Extension of a fixed-term employment contract is possible only in certain cases, which we discussed earlier. Hiring under a fixed-term employment contract can happen, but this is a more profitable option for the employer than for the employee himself.

Interesting Facts

1. Temporary work is most often preferred by students, housewives or retirees who want to earn extra money in their free time.
2. Judicial practice shows that frequent renewals do not comply with the law.
3. In the history of entrepreneurship, it has happened that a business owner needed to liquidate a company in order to fire an unwanted expectant mother in accordance with the law, so as not to get into legal squabbles.

On the territory of the Russian Federation, the need to conclude employment contracts is established by law when a labor relationship arises between an employee and an employer.

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There are many different types of agreements of this nature. For each case it is necessary to use the appropriate one.

Often, in addition to the standard one, a fixed-term employment contract is used. It is important to remember the extensive list of some restrictions imposed on the fact of using this method of formalizing labor relations.

All nuances are reflected in the relevant sections of labor legislation. The fundamental document is precisely Labor Code RF.

What you need to know

In accordance with labor legislation country, the need to draw up an employment contract between the organization and the employee directly is established.

Moreover, there are quite a lot of nuances associated with the types of agreements themselves. The legislation identifies several different types.

The use of certain types of such agreements is strictly regulated by law.

The most important point is the duration of the specific contract. There are many different nuances directly related to these factors.

All types of employment contracts can be divided into two main groups:

• urgent;
• unlimited

Key issues to consider in advance include:

• basic concepts;
• what is his role;
• current standards.

Basic Concepts

First of all, you need to understand the terms that characterize the type of contract itself. Fixed-term means an agreement whose duration is limited over time.

This legal agreement includes the following main articles that you need to focus on:

Where possible, the grounds for terminating the employment relationship will also need to be considered. A complete list of these is presented in.

This section includes the following:

There are many different nuances associated with drawing up this type of agreement. First of all, not all employees are allowed to enter into it.

There are certain categories of workers with whom labor relations are possible only on an ongoing basis.

A fixed-term employment contract is not allowed to be concluded with the following persons:

• with pensioners;
• minors;
• pregnant women.

The figure that indicates the maximum duration of an employment agreement may vary. Typically, this type of agreement is drawn up for at least 3 months.

The algorithm for registration and employee in this case is completely standard.

It is not allowed to draw up this type of agreement in order to avoid the employer’s obligations to the employee.

For what period is a fixed-term employment contract concluded?

The process of drawing up an agreement must be carried out in accordance with the law.

Otherwise, the agreement may simply be declared invalid or reclassified into an agreement of another type.

Video: labor and contract agreements, what’s the difference

The main issues that will need to be considered when drawing up a fixed-term contract include the following:

• procedure for drawing up an agreement;
• By general rule;
• if the period exceeds the stipulated period;
• sample documents.

Procedure for drawing up an agreement

In fact, a juicy employment contract itself differs from an untimely one only by the presence of a strictly deadline about its duration.

Otherwise it is completely standard. Typically, an employment agreement between an employee and an employer concluded on the territory of the Russian Federation includes the following main sections:

• document serial number;
• date and place of conclusion of the employment agreement;
• name of the employer;
• last name, first name and patronymic of the future employee;
• general provisions, as well as the subject of the agreement;
• employee rights and obligations;
• rights and obligations of the employer;
• work and rest schedule;
• terms of remuneration;
• working conditions, as well as the nature of the work, guarantees and all kinds of compensation;
• other conditions.

At the bottom of the document, the details of the employer and the employee must be indicated.

In all cases, without exception, the agreement itself is concluded in at least two copies. One remains with the employer, the second is handed over to the employee.

As a general rule

As a general rule, the employer is obliged to notify his employee of the termination of this agreement at least 3 days in advance. Moreover, this is done only in writing.

The only exception is the situation when a contract of the appropriate type is concluded during the absence of a specific employee.

In this case, this type of agreement is terminated immediately after the main employee returns to work.

If, after the expiration of a fixed-term employment contract, the employee continues to perform his duties, then such an agreement will be recognized as unlimited.

There are many precedents this kind. If possible, you should familiarize yourself with all the nuances in advance, judicial practice on this occasion.

If the deadline exceeds

In case of urgent labor agreement the period of its validity is necessarily indicated - and for each case it is necessarily set within a certain value.

It is determined by law. But sometimes it happens that this rule is broken. In this case, two scenarios are possible:

• recognition of the contract as indefinite in court;
• recognition of the agreement as invalid with payment of the appropriate amount of compensation, as well as the imposition of a fine on the organization.

Sample document

A company can hire employees either for a permanent period or for a strictly limited period. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of a particular hire and the specifics of the organization’s work, a fixed-term employment contract is concluded either taking into account the assigned work (Part 1 of Article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the manager and employee (Part 2 of Article 59 of the Labor Code of the Russian Federation).

When you do not need to obtain employee consent

The Labor Code provides for certain categories of employees who can be hired only for the time when a fixed-term employment contract is mandatory, in other words, when a contract for an indefinite period cannot be concluded.

So, for example, it would be unlawful to hire an employee who is only allowed to work temporarily for health reasons, or not on a fixed-term employment contract, or general director, If constituent documents The company stipulates that an employment contract with him is concluded for a certain period (Part 1 of Article 275 of the Labor Code of the Russian Federation).

The absence of the employee’s consent in this case means that the employment contract will not be concluded at all. In other words, if an employee does not agree to sign a temporary contract, the company will not have an obligation to enter into a permanent contract (as will happen if a fixed-term employment contract is signed by agreement of the parties - see below).

Cases when a temporary contract can be concluded without the employee’s consent

A fixed-term employment contract is concluded in cases where either the specifics of the work or the conditions for its implementation do not allow hiring an employee permanently (Part 1 of Article 59 of the Labor Code of the Russian Federation). At the same time, the contract itself must indicate the duration of the fixed-term employment contract. The maximum contract term is five years.

The list of grounds for concluding a temporary contract is open and can be supplemented with grounds that will be further provided for by the Labor Code of the Russian Federation or other laws.

Today it is:

• replacing a temporarily absent employee (as a rule, we are talking about maternity leave);
• performance of temporary work (no more than two months);
• seasonal workers;
• employees sent to work abroad;
• employees hired for non-standard work for the organization (installation, reconstruction) or in case of temporary expansion of production;
• all staff employed by companies established for a limited period or to perform a specific temporary job ( project work), incl. if the end of work cannot be determined in advance;
• interns and interns;
• holding an elected position;
• workers sent by the employment service to temporary (public) work;
• alternative civil servants.

Agreement of the parties on a fixed-term employment contract

If there are no circumstances of the temporary nature of the work that would justify the urgency of the employment relationship, the employee and his manager can agree to sign a fixed-term employment contract - the Labor Code provides this possibility. This, however, cannot always be done, but in strictly defined cases (Part 2 of Article 59 of the Labor Code of the Russian Federation):

• hiring for a small business entity (number of employees - less than 35, and if we are talking about retail and consumer services - less than 20);
• hiring old-age pensioners or employees who, for health reasons, are only allowed to work temporarily. Here it must be emphasized that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, it is absolutely impossible to “transfer” him to a fixed-term employment contract, this is illegal;
• hiring an employee to the Far North region if he is expected to move;
• hiring employees through competition;
• hiring creative workers(media, circuses, theaters, etc.);
• hiring managers, their deputies and chief accountants of companies;
• hiring full-time students;
• hiring seamen;
• hiring part-time workers;
• hiring employees to prevent emergencies, accidents, epidemics and other similar events, as well as to eliminate the consequences of these events if they have already occurred.

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract by agreement of the parties is voluntariness. This means that both the employee and his manager really prefer to limit the duration of their employment relationship and voluntarily refuse an open-ended employment contract.

The fact of voluntariness is confirmed by the signatures of the parties to the contract; a separate written agreement for a fixed-term employment contract is not required to be signed.

In the contract itself, it is necessary to emphasize that it is urgent, confirm this with an appropriate basis (for example, the fact that the employee is studying full-time at a university). It is necessary to make sure that the employee has a supporting document (training document, pension certificate, etc.).

Registration of a fixed-term employment contract

The fact of signing the contract must be recorded in an order (indicate in it the grounds for concluding a temporary contract), and in the work book personnel worker must make a record of employment.

The term of the contract must be fixed in it, otherwise de jure the contract will be considered unlimited (Part 3 of Article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for fixed-term contracts (Chapter 13 of the Labor Code of the Russian Federation).

In the work book, unlike an order and a contract, it cannot be indicated that the employee is hired by the company temporarily - neither the Labor Code nor the Instructions for filling this out provide permission. work records, nor Rules for maintaining and storing work books. Otherwise, the company may be subject to administrative liability (