Do I need to work on a fixed term contract? The legitimacy of the conclusion and termination of a fixed-term employment contract. Features of drawing up an order for admission to temporary work

By illegally entering into such an agreement, the employer is at great risk. In the article you will find expert tips and a sample for 2020.

When to conclude a fixed-term employment contract

Labor relations are established by default for an indefinite period. But sometimes, due to the special nature of the work to be done or the conditions for its implementation, urgent employment contract is mandatory or voluntary. A fixed-term employment contract is concluded under the circumstances listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. Separately, there are cases when the employer has the right to conclude a fixed-term employment contract by agreement of the parties (part 2 of article 59 of the Labor Code of the Russian Federation).

Crib. Cases where you can conclude a fixed-term contract

When is a fixed-term contract required?

• seasonal or temporary (up to two months) work;
• work abroad;
• the employee is sent by the employment service for temporary employment;
• alternative civilian service;
• the employee performs work within the framework of vocational training, industrial practice, internship;
• an employee is elected to an elective position;
• the employee enters an organization established for a limited period, or performs work that is outside the normal activities of the employer;
• if an employee temporarily performs the duties of an absent main employee, who retains a place of work for the period of vacation, decree, sick leave, etc.

Table. Cases of concluding a fixed-term employment contract (in general cases and by agreement)

Download full table

Attention! Additional grounds for concluding a fixed-term contract with certain categories of personnel - professional athletes and coaches - are contained in Art. 348.2 of the Labor Code of the Russian Federation.

When drawing up a temporary employment contract, be sure to indicate the reason for the urgency. First make sure that it is included in the list (Article 59 of the Labor Code of the Russian Federation), otherwise it will be difficult to avoid the instructions and fines of the GIT. Sistema Kadry experts have prepared for you convenient table: Download, keep handy and refer to as needed. Unfortunately, mistakes are made when drawing up every second fixed-term contract.

Download in the System Personnel

If the indicated ground of urgency does not meet the legal requirements, the supervisory authorities may decide that the contract was concluded illegally and impose penalties on the employer. In "Personnel System" - full list of fines .

Example:

The Alfa company concluded N. and justified the urgency by temporary registration of the employee at the place of residence. During a scheduled inspection, the inspector drew attention to the illegality of such justification. As a result, the employer had to pay a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 30,000 rubles, and employment through the court was recognized as indefinite. Now watchman N. works at Alfa on a full-time basis.

It is important for the employer to have evidence that the employee is going to work under the terms of a fixed-term employment contract on the basis of own desire. This is necessary in order to confirm the main condition for concluding an urgent contract in the event of possible conflict situations - the voluntary consent of both parties.

Preparation of documents for the conclusion of a fixed-term employment contract

After signing the contract, the employer must issue 3 more documents. We'll tell you how.

Issue job orders. Such an order may have a free form or correspond to Form No. T-1. The order must indicate the date of termination of the employment contract. If such a date cannot be determined, it is necessary to indicate the event upon the occurrence of which the employment contract will be considered terminated.

Enter employment records in the work book. The information in the columns of the document should be consistent with other executed documents, including. At the same time, an indication of the urgent nature of employment in the work book is not made.

Create a personal employee card. If form No. T-2 is used for this document, an indication of the temporary type of employment is made in the section "Nature of work". In section III "Employment, transfers to another job" repeat the entry made in the work book. The employee must be familiarized with this record against signature.

The maximum term for concluding a fixed-term employment contract

A fixed-term employment contract is concluded for a period of up to five years (part 1 of article 58 of the Labor Code of the Russian Federation). The minimum threshold is not set by law, so it is possible to hire a temporary worker for a couple of months or even weeks, but for five years and one day it is no longer possible.

Attention! As a general rule, a fixed-term employment contract is not extended, but an exception has been made for three categories of workers - athletes, university employees and pregnant women.

If the term of the fixed-term employment contract has expired (part 1 of article 79 of the Labor Code of the Russian Federation).

In order to process the dismissal of an “urgent” employee without errors, use the “Personnel Systems” express service

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A fixed-term employment contract is drawn up as an exception, when labor relations cannot be established on a permanent basis, for a period of up to five years. If the validity period is not specified, the employment will be considered indefinite. If the deadline is set without sufficient grounds, the employer faces a fine and re-qualification of the contract in court.

A fixed-term employment contract is concluded only in those cases that are provided for by law. A fixed-term contract, which is concluded at the request of the employer without sufficient grounds, is considered concluded for an indefinite period.

Employers have the right to issue temporary contracts when the employment relationship cannot be established for an indefinite period. Such agreements are made:

• Only in cases provided for by law;
• Given the nature of the work;
• Taking into account the conditions of work.

There are two types of grounds for issuing fixed-term contracts: mandatory and by agreement of the parties. In other words, the legislation separates situations when a temporary contract is concluded regardless of the wishes of the parties and when it is drawn up at the personal request of the parties.

The Labor Code contains a closed list of grounds on which a temporary contract is concluded. If a fixed-term contract is not concluded in accordance with these grounds, it is considered to be concluded for an indefinite period.

Let's take a closer look at each type of foundation.

A fixed-term employment contract is mandatory in the following cases:

• For the duration of temporary work, the term of which is less than two months;
• Citizens were sent to work abroad;
• For the duration of seasonal work;
• For the duration of the duties of an absent employee;
• Persons get a job in companies that are created for a predetermined time to perform a specific job;
• The jobs for which employees are hired are different from the jobs that the organization normally does;
• Work is associated with an increase in production for some time;
• Citizens are sent to the civil service;
• Persons are hired for work, the end of which cannot be determined by a specific date;
• Passing an internship;
• Election for a specific term to an elective office;
• Citizens are sent to work by employment agencies.

By agreement of the parties, the contract is concluded:

• With citizens who get a job with employers who are engaged in small business, the number of their employees is less than thirty-five people (if the organization is engaged in retail- no more than twenty people);
• With pensioners;
• With citizens who, due to their health, can only work temporarily;
• With persons who get a job in companies located in the Far North;
• With citizens selected in a competitive way to fill a position;
• To carry out urgent work to prevent various accidents and disasters, as well as to eliminate the consequences after them;
• With citizens of creative professions;
• With persons holding managerial positions, including chief accountants;
• With full-time students;
• With citizens who get a part-time job;
• In other cases provided by law.

It should be noted that a fixed-term contract is concluded in accordance with the general rules. However, apart from general provisions The text of the agreement must include:

• The reason for concluding a temporary contract, always with reference to the TC;
• The term of the contract.

Violation by the employer of the current legislation

If during the execution of a temporary contract the employer violated any norms of the law, the employee has the right to defend his rights. To do this, he can apply to the court.

If a disputable situation arises, the court recognizes a temporary contract as a contract concluded for an indefinite period, if, upon its conclusion, the employer:

• Did not specify the term of its validity in the text of the contract;
• Did not take into account the list of cases in which it is possible to conclude a temporary contract;
• He did not indicate the reason why the contract is concluded for a certain period;
• Did not provide the employee with the stipulated rights and guarantees.

If the dismissal of an employee is illegal, the court will oblige the employer to:

• Reinstatement of the employee in the previous position;
• Payment to an employee wages for the period of forced absenteeism;
• Compensation for non-pecuniary damage.

It is worth noting that the court may recognize a temporary contract as a contract concluded for an indefinite period not only upon termination of the contract, but also during its validity.

Changing the term of the contract

Employers quite often wonder if it is possible to change the term of a temporary contract.

As a general rule, the extension of the period of validity of a temporary contract is prohibited. However, there are exceptions to all rules. So, in this situation, there are cases in which the employer can (and sometimes even obliged) to extend the contract. Subject to these exceptions, the contract period can be extended with:

• Employees of higher educational institutions elected in a competitive way to fill a previously occupied position;
• Athletes;
• Expectant mothers (if a woman writes an application for an extension and provides a certificate from a doctor).

It is possible to extend the period of the contract only in these three cases. To extend the term of the contract in other cases, you can make changes to the text of the contract. This can be done by signing an additional agreement.

Renewing the contract with the help of agreements, employers should remember that the maximum allowable renewal period is five years. Also, in order to extend the contract, the grounds on which the contract was concluded must be preserved.

For more information about the conditions for extending a fixed-term employment contract, read in.

Temporary work is understood as work, which is known in advance that it will last no more than two months (for example, during the preparation of the annual report). It will be illegal to conclude a fixed-term employment contract for up to two months to perform work that is permanent.

When concluding a fixed-term employment contract, the parties must determine its specific period within two months (a month, a month and a half, etc.). Such wording as "for up to two months" is unacceptable.

The conclusion of a fixed-term employment contract for the performance of seasonal work is allowed provided that these works are provided for in a special list. Lists of seasonal work, including work that can be carried out during a period (season) exceeding six months, and the maximum duration of these individual seasonal works are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership (part 2 of article 293 TC);

3) with persons sent to work abroad. These can be diplomatic missions and consular offices Russian Federation abroad, as well as representative offices of federal executive authorities and state institutions of the Russian Federation, commercial organizations, scientific and educational institutions, etc.;

4) for carrying out work that goes beyond the normal activities of the employer, as well as for carrying out work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided.

In this case, activities that correspond to the main directions of the organization's work, enshrined in its charter, will be normal.

The law, as an example of work that goes beyond the normal activities of the organization, calls the reconstruction, installation, commissioning. Depending on the nature (type) of the ordinary activities of the organization, this may be repair, construction work.

In any case, work that goes beyond the normal (main) activities of the organization, for the performance of which fixed-term employment contracts may be concluded, must be of a temporary (urgent) nature.

The law does not establish any special deadline for which such an employment contract can be concluded, therefore its term in each case is determined by agreement of the parties based on the specific circumstances and the period of time during which there remains a need to perform work that goes beyond normal activities of the organization. Here, the general rules on the deadline for the employment contract, established by Art. 58 TC, i.e. five years.

As for the employment contract concluded in connection with the need to temporarily expand production or the volume of services provided, its term is limited - it cannot exceed one year. This is due to the fact that work under such an agreement is carried out as part of the normal activities of the organization and the need to expand production or the volume of services provided is limited to certain time frames that are known to the employer.

The specific period of validity of such an employment contract within one year is determined by agreement of the parties. For example, due to the increase in the number of tourists in the summer and the expansion in connection with this volume of services provided, hotels, cafes, restaurants, transport organizations can accept an additional number of employees by concluding employment contracts with them for a certain period (1, 2, 3 months and etc.);

5) with persons entering work in organizations created for a predetermined period of time or to perform a predetermined job.

If an organization is established for a fixed term or only to perform certain work, this should be recorded in its charter. It also defines a specific period of time for which it was created or during which work will be completed, the implementation of which is the goal of creating an organization (for example, for 2, 3, 4 years).

The term of an employment contract with persons entering such organizations is determined by the period for which they were created. Therefore, the termination of the employment contract with the specified employees after the expiration of the period is permissible if this organization really terminates its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without the transfer of rights and obligations by succession to others persons (clause 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" * (17));

6) with persons hired to perform a deliberately defined work in cases where its performance (completion) cannot be determined by a specific date.

The employment contract concluded on this basis must indicate that it is concluded for the time of performing this particular work (for example, for the time of office renovation, for the period of construction of the facility). Completion (completion) of the specified work will serve as the basis for termination of the employment contract due to the expiration of its validity.

At the same time, if during the trial the fact of multiple conclusion of fixed-term employment contracts for a short period of time to perform the same labor function is established, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2);

7) to perform work directly related to the internship or vocational training of an employee. In this case, the employment contract is concluded for the period of internship or vocational training.

Internship or vocational training of employees in an organization can be carried out both on the basis of an agreement with another organization that sent its employee for an internship or vocational training, and on the basis of a student agreement concluded by the organization with the student himself (see Articles 198-208 of the Labor Code);

8) in case of election for a certain period to an elected body or to an elective position for a paid job. For example, for the position of rector of a state or municipal higher educational institution, dean of a faculty or head of a department of a higher educational institution. According to Art. 12 of the Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education" * (18), Art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner prescribed by the charter of the educational institution (see art. 17, 332 of the Labor Code);

9) upon admission to work related to the direct support of the activities of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations.

So, not all persons entering the work in these elected bodies can be concluded a fixed-term employment contract. We are talking about such work that is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the chairman of the party).

In these cases, the term of the employment contract is established by agreement of the parties within the term of office of the relevant elected body or official. Moreover, the early termination of their powers should entail the termination of employment contracts with persons hired to directly ensure their activities;

10) with persons sent by the bodies of the employment service to work of a temporary nature and public works. Such works are organized as additional social support for citizens looking for work. The term of the employment contract for the performance of such work is determined by agreement of the parties.

The conclusion of a fixed-term employment contract is not allowed if the work for which the citizen is sent by the employment service is of a permanent nature;

11) with citizens sent for alternative civilian service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civilian service is established by the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service" * (19) in accordance with the Constitution of the Russian Federation .

Alternative civilian service is a special type of labor activity in the interests of society and the state, carried out by citizens in return for conscription military service. The procedure for sending citizens to alternative civilian service is determined by the named Federal Law, other federal laws, the Regulations on the procedure for performing alternative civilian service, approved by Decree of the Government of the Russian Federation of May 28, 2004 N 256 * (20), and other regulatory legal acts adopted in accordance with them acts of the Russian Federation. The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code, taking into account the specifics provided for by this Law.

5) with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these workers, approved by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

6) with heads, deputy heads and chief accountants of organizations. At the same time, it does not matter what the organizational and legal form of these organizations is - a joint-stock company, a limited liability company, a state unitary enterprise etc.

In accordance with Part 1 of Art. 275 of the Labor Code, the term of the employment contract with the head of the organization is determined by the constituent documents of the organization or by agreement of the parties. Based on this, it should be assumed that by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;

7) with persons studying full-time education;

8) with persons entering a part-time job.

Part-time employment is the performance by an employee of another regular paid job on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code). The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law. Part-time work can be performed by an employee both at the place of his main job, and with other employers. It is not allowed to work part-time for persons under the age of 18, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases provided for by the Labor Code and other federal laws.

The employment contract must indicate that the work is part-time.

4. Except for the cases listed in part 2

Hello! Today we will talk about hiring on a fixed-term employment contract. The features of such an agreement are detailed in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid litigation and fines, the employer should understand all issues in detail.

What is a fixed term contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relationships have an agreed end date, unlike the usual one.

• Download the form, a sample fixed-term employment contract
• Download Sample Order for Employment under a Fixed-Term Employment Contract

Fixed-term and perpetual contracts - what is the difference

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

However, the employer is not always free to choose which type of contract to offer to the applicant, since in some paragraphs the law requires the conclusion of a STD, and in some 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 according to 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 features, as well as the inability to know the end date of the activity.

We list the main cases:

• During the absence of a permanent employee (for example, due to maternity leave);
• When sending an employee to work abroad;
• In case of temporary transfer of an athlete to another employer;
• If the employing organization itself was 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 sent to public works;
• If the employee is a vice-rector of a higher educational institution;
• If citizens are undergoing alternative civilian service;
• When elected for a fixed term as a member of an elected body.

In what cases is it possible to register an employee under STD, but not necessarily

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

The employer may conclude it with persons under the following circumstances:

• Small businesses with no more than thirty-five employees;
• An employee of retirement age, as well as if, according to the doctor's prescription, he can only be in a temporary job;
• Work in the conditions of the Far North and is associated with moving there;
• To eliminate the consequences of catastrophes, epidemics, accidents, as well as to prevent these events;
• People of creative professions (filmmakers, media journalists, theater and circus artists);
• Full-time employee in 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 activities of the company;
• part-time workers;
• Deputy positions of scientific and pedagogical employees in a higher educational institution;
• Persons invited to the coaching position to prepare the wards for the competition.

In all other cases (the vast majority of them), the law prescribes the hiring of workers only under an indefinite employment contract.

How to apply for a job on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct completion of all documents. In general, employment according to STD does not differ from the traditional one, but has several features.

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

• Passport or other identity document;
• Work book (if the work is the first, the employer, by law, does not have the right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be entered by the employer himself);
• Insurance certificate of state pension insurance (SNILS);
• Documentation military registration- for persons liable for military service;
• Document on education or qualification;
• Certificate of non-conviction.

Strictly according to Labor Code The employer is not entitled to ask 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, public catering, and others).

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

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, as well as confirm your familiarization with a signature in the appropriate journal.

Employment contract, order and employment history are recorded in the relevant journals by an employee of the personnel department.

What probationary period can be set for STD

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

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

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

What is a fixed term contract? What does it mean? The word "term", indicated in the title of the term, does not mean at all the speed of making a decision on concluding a transaction, but duration of the employment relationship.

A fixed-term employment contract means that at a given moment an enterprise needs an employee for the duration of a certain job, and its manager assumes that at the end of the term, the employment relationship will be terminated.

For example when you can't make a deal fixed-term contract , which is usually associated with:

• an employee who previously held a vacant position has gone on maternity leave. The place behind it is reserved in accordance with the Law;
• for seasonal work. There is a need for harvesters, drivers of summer routes, auxiliary workers of ski slopes. The enterprise is limited in its activities by the weather or natural conditions, so maintaining a full staff all 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 plans to conduct an advertising campaign and needs promoters who will offer leaflets to potential buyers 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 the scope of current activities. Reconstruction of the premises is required, the development of a logo for a new company, the creation of a website, a lawyer to consider the case in Arbitration Court. Such a task can be entrusted to a specialized company, or it can be performed by newly recruited employees.

Citizens performing alternative service or sent for compulsory public works; trainees; trainees; persons accepted for work abroad; elected deputies are also employed for a predetermined period.

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

Examples of such a voluntary restriction:

• managers, their deputies and chief accountants of enterprises. By virtue of the responsibility assigned to these positions, the owners legal entities thus insure the risks of inefficient management of enterprises;
• full-time students;
• part-time workers;
• liquidators of emergency situations;
• newly employed old-age pensioners and disabled people who are not allowed permanent employment due to health reasons;
• employees at enterprises of private entrepreneurs, where the number of employees is not more than 35 people;
• employees on sea and river vessels;
• employed with the condition of moving to the regions of 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 like that.

The subtleties of the conclusion

What is the difference between a fixed-term employment contract and 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 a fixed-term employment contract is not stipulated - 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 leave, normal working hours, wages. They are provided with clothing and equipment. personal protection, they are subject to all local regulations of the enterprise and the Regulations on labor protection.

Duration

How long is a fixed-term employment contract? What is the maximum term? And what is the minimum?

Fixed-term employment contract concluded for a period not exceeding five years- this is the limit (maximum) period, the minimum is not specified in the Law.

This:

• concluding an agreement for a period of up to two months;
• selected to fill vacancies by competition;
• holding a paid elective office;
• conscripts for alternative civilian service;
• women who are raising children under the age of 1.5 years and pregnant employees;
• graduates who get a job in their specialty for the first time within one year from the date of receiving a diploma (for educational institutions with state accreditation), students who have completed an 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 of Federal Law No. 79-FZ of July 27, 2004);
• other cases - 3 months.

Registration of a work book

If the employment contract is concluded for a certain period, upon admission it is done in the usual manner and does not contain references to the period ( Letter of Rostrud No. 937-6-1 of 04/06/2010). Violation of this rule entails the administrative responsibility 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 the first part 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 deducts mandatory payments to social insurance funds for everyone, and the length of service for all employees is calculated according to the same rules.

Leave and compensation

The procedure for granting annual leave does not differ from the usual one, employees are granted a vacation 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-BB ​​of 02/01/2002).

Compensation for unused vacation charged in the usual way, however, here you need to remember that if the employment is less than 15 days, it is still valid article 35 of the Rules of the NCT of the USSR on regular and additional holidays No. 169 of 04/30/1930"In calculating ... surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to the full month."

Maternity leave for employees provided in the usual way(). But its duration does not depend on the method of registration, just the dismissal of the employee will occur on the last day of maternity leave.

But leave to care for a child until he reaches one and a half years 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 work, of course, limits the desired conditions for employment, but in the case when it is not possible to find a permanent position, one should be guided by other considerations: wages, working conditions, gaining work experience in a successful company, filling a forced pause in case of unemployment.

And then, life goes on and circumstances may 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, after the end of the parental leave, the employee will go on the next pregnancy leave, or change jobs to the one that she considers the most suitable.

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

If your profession is a builder or an information technology specialist, you will most likely find a job in such a niche if you are not an employee of a specialized organization and are able to perform highly professional tasks by attracting the material resources of an enterprise.

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

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

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

Passed stage

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

Consider typical cases:

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

Each person has the right to independently decide what is more important for him, stability or a constant change in activities and impressions. But whatever you choose, it is important to remember the "rules of the game", to be under the protection of the law. We hope our article has helped you better understand one of the issues of labor relations.

Useful video

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