Fixed-term employment contract sample.

An employment contract, including an urgent one, has a serial number, which is indicated in the title of the contract itself. For example:

Labor contract No. 27

On the next line after the title of a fixed-term employment contract, the locality in which the contract is drawn up and the date of drawing up are indicated. Example:

Further, the employer and employee are indicated in the employment contract. An employer can be both a legal entity (for example, LLC) and an individual entrepreneur. If the employer is a legal entity, then indicate the general director on whose behalf the contract is concluded. For the employee, only the surname, name and patronymic are indicated. All information about the employer and the employee is indicated at the end of the contract. Example

LLC "Otpusk-tk.ru", represented by the General Director Vasily Vasilyevich Pupkin, acting on the basis of the charter, hereinafter referred to as the "Employer", on the one hand, and Ivanov Petr Sergeevich, hereinafter referred to as the "Worker", on the other hand, concluded this Agreement as follows:

An obligatory part of any contract is a description of the Subject of the Agreement - that is, the obligations of the employee and the employer, place of work, date of commencement of work. The term of a fixed-term employment contract should be placed in a separate section.

1.1. The Employer undertakes to provide the Employee with work in the position provided for by this Agreement, to provide working conditions, to timely and fully pay the Employee for his work, and the Employee undertakes to personally perform the labor function specified in this Agreement, to comply with the internal labor regulations of the Employer.
1.2. Work under this Agreement is the main one for the Employee (if the work is a part-time job, this should be indicated).
1.3. The employee is hired as an accountant.
1.4. Place of work: St. Petersburg, st. Sennaya, d, 35.

The term of the contract in a fixed-term employment contract, as already mentioned, is an extremely important element. You should indicate the start date of the contract and the expiration date, you should also indicate the reason for the conclusion of a fixed-term employment contract. Example:

A fixed-term employment contract with an employee comes into force from the moment of its signing and is valid until October 21, 2015 in connection with seasonal harvesting work. The employee must start performing his job duties from September 01, 2015.
When concluding a fixed-term employment contract, the Employee is not assigned a probationary period.

All grounds are given in article 59 of the Labor Code of the Russian Federation. We list the main reasons for concluding a fixed-term employment contract:

• due to the temporary absence of the employee, the place of work is retained by the employment contract;
• in connection with the performance of temporary work;
• in connection with the performance of natural works;
• in connection with being sent to work abroad;
• in connection with the work on reconstruction (installation and other types of work);
• due to the temporary expansion of production;
• due to a temporary increase in the volume of services provided;
• in connection with the internship;
• in connection with the elections.

Separately, there is a section that describes the rules for remuneration. This section should contain not only the base salary (salary), but also additional payments, bonuses, compensations, etc. The contract also specifies the dates of payments.

Sometimes an employment contract includes additional sections containing very different information. For example, privacy terms.

The final section must contain the details of the parties that entered into the contract: the employee and the employer.

At the end of a fixed-term employment contract, the date of drawing up is put and the signatures of the parties are put.

Free download of the form of a fixed-term employment contract.

Today, there are many types of different agreements between the employer and the employee, which legally fix their relationship. One of the most demanded labor documents in recent years belongs to fixed-term contract... The general requirements for compilation, as well as the main characteristics of this document, are spelled out in article 58, 59 of the Labor Code of the Russian Federation.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call free consultation:

Fixed-term employment contract - concept

An urgent contract is a document that confirms the existence of a business relationship between the person providing the job and the employee, and also reflects the conditions of the work process and is concluded between the parties strictly for a limited period.

Unlike perpetual contracts, which fix the relationship of a business nature for an unlimited period of time, a fixed-term contract can be valid for a maximum of 5 years.

Usually, fixed-term contracts are drawn up in case of need for such types of activities that must be performed during strict time intervals. It can be seasonal work, various types of activities, the relevance of which depends on the time of year, etc.

You will find the form of a standard fixed-term employment contract.

Who is it with?

Labor contracts valid for a specific term are subdivided into for the following main types:

1. Agreements that take into account the type of activity and working conditions of the future employee, which are valid only for a certain period of time.
2. Labor agreements, valid for a limited period, which are concluded on the basis of an agreement signed by the employer with an individual looking for work.

Article 58 (part 2) of the Labor Code of the Russian Federation allows for the right not to take into account the type of activity ahead of the employee, as well as the conditions of the processes of a working nature, if there are cases recorded in Article 59 (part 2).

Article 59 of the Labor Code, contains information about persons with whom fixed-term contracts are concluded:

• Employees who have to work outside the territory of the Russian Federation.

A fixed-term contract for individuals who will work abroad is signed no more than 3 years(Article 338 of this Code).

• Persons who perform additional types of work that are not related to the number of work of the main specialization of the employer.
• Employees required for expansion work (no more than 1 year).
• The category of workers recruited to work in enterprises that operate and are created on a temporary basis, as well as with persons performing previously agreed types of work.
• Workers who are hired for the purpose of performing a specific activity, characterized by the absence of precise completion dates.
• Individuals who carry out activities to gain work experience or improve their qualifications in their specialty, as well as those related to practice and some other educational processes.
• Groups of government officials, the term of election for the post of which has a specific time frame.

This group includes members of local government and political parties, officials, as well as a number of government officials of a different nature.

• Employees staying at workplaces on behalf of the employment service, with the aim of performing public works, as well as non-permanent activities.
• Individuals in positions of the state civil service.
• Other groups of persons that are not included in the above categories, but are spelled out in the Labor Code or other legislative acts.

Advantages and disadvantages

Many employers who provide work to a new employee use the urgent type of employment agreement.

The positive side of this document is more simplified dismissal procedure, as opposed to an open-ended agreement. When the term of the contract comes to an end, thereby losing its validity, which means the employer can terminate the contract with the employee without stating reasons.

A fixed-term contract is a kind of universal form for the embodiment of the desires of the employer, who can either extend a fixed-term employment document or resort to drawing up an open-ended agreement.

The main plus is the possibility of dismissing an employee due to the expiration of the contract without indicating the grounds.

The negative aspects of a fixed-term contract include the fact that such a document is concluded (in accordance with Article 59 of the Labor Code) only in certain cases.

Also among the minuses is the inability of the employer to terminate a fixed-term contract with an employee who is in a position. This means that dismissing a pregnant woman is only allowed by law. in case of complete liquidation of the organization.

Read about how to fire a pregnant woman in our article.

Features of the conclusion of the contract

When drawing up an employment contract of a fixed-term type, they are guided by Article 57 (second part) of the Labor Code, as well as Articles 58 (part three) and 59.

This type of document must necessarily contain the reason as a result of which the parties entered into a fixed-term contract. It is also necessary to prescribe a clear period of validity of this document. At the end of this period, the employment agreement ceases to be valid (art. 77, paragraph 2).

We also strongly recommend that you carefully read with rights and responsibilities as a future employee and employer. The latter is obliged to inform the employee with the requirements of the internal charter of the organization, having received his signature.

The process of registering an employee for employment

In order for an individual to officially start the work process on the basis of a fixed-term contract, it is necessary perform a series of the following actions:

Classification of fixed-term employment contracts

1. By agreement of the parties

A document of this type can be issued with an employee invited to perform the duties of another worker in the organization, a person who is absent from work for some reason, or with employees whose work is possible only in one of the seasons of the year.

Download the form of a fixed-term employment contract by agreement of the parties for free.

2. Concurrently

The Labor Code contains article 44, which describes in detail the rights of employees working in multiple jobs.

If the activity recorded in the fixed-term contract is part-time work(performed at a time free from other work), then it is necessary to prescribe in detail the schedule of the working day and the features of the labor function in the contract. The validity period of the document is negotiated by both parties.

3. With an individual entrepreneur

This fixed-term contract implies the availability of social guarantees for the employee and tax payments from the legal entity. It is possible to draw up an urgent agreement with an individual entrepreneur only if there are cases described in article 59.

Find out everything about concluding a fixed-term contract from the video clip:

Labor legislation provides an opportunity to conclude a fixed-term employment contract. Also, the Labor Code discusses in detail all aspects that are associated with a fixed-term contract: from the procedure for hiring an employee to his dismissal. However, no one is insured against the occurrence of disputable situations that arise from the incorrect execution of the contract or the application of the provisions of the law.

An employment contract is an agreement between an employer and an employee. Upon its conclusion, the employer assumes the obligation to provide the employee with work, which is due to his job function; to ensure working conditions stipulated by Russian legislation, collective bargaining agreements, agreements, local regulations; on payment of wages on time and in the appropriate amount. And the employee, in turn, must independently perform the labor function, which is defined in the contract, and also comply with the internal labor regulations established in this company.

In accordance with part 1 of article 58 of the Labor Code, an employment contract can be concluded:

• For undefined period;
• for a certain period, but not more than five years.

A fixed-term employment contract can be called a lifesaver for employers who need, for example, to replace a temporarily absent employee or send people to perform seasonal work, etc.

This contract, in accordance with Article 59 of the Labor Code, may be concluded depending on the nature of the work or the conditions for its performance, or by agreement of the parties. At the same time, all possible situations in which a fixed-term employment contract can be concluded are enshrined in legislation. Consequently, the employer does not have the right to independently establish the grounds for concluding such an agreement with employees.

In most cases, organizations enter into fixed-term employment contracts:

• with seasonal workers. Seasonal works are works that, due to climatic and other natural conditions, are performed within a certain period (season), which, as a rule, does not exceed six months. At the same time, there are seasonal works that are carried out for more than six months, and their maximum duration is determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership;
• for the period of replacement of an absent employee;
• for temporary work (up to two months);
• with pensioners, etc.

Depending on the type of contract to be concluded, the conditions that must be contained in it are determined.

Terms of a fixed-term contract

• The name of the employee and the name of the employer;
• employee passport data;
• TIN of the employer;
• information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
• place and date of the conclusion of the contract;
• place of work;
• labor function;
• start date of work; - terms of remuneration;
• working hours and rest hours;
• information about the nature of the work;
• condition on compulsory social insurance, etc.

However, the registration of a fixed-term contract has some peculiarities.

Firstly, it must also indicate the reasons and grounds for concluding the contract. Secondly, the term of the agreement is indicated. The end of the validity period can be determined either by a specific date or by the occurrence of a specific event (for example, the exit of an absent employee). At the same time, the wording on the term in each case must be prescribed, starting from what specifically determines the moment of termination of the contract.

Special rules

When concluding a fixed-term employment contract, you can also set a probationary period. An exception is work for a period of up to two months. If the term of the contract is from two to six months, then the probationary period cannot exceed two weeks. In other cases, it is installed in the usual way.

If an employee is hired to perform temporary work, then in the text of the contract it is prescribed what kind of work needs to be done and the deadline for their completion. For example, the following is indicated:

"This employment contract is urgent and is concluded for the duration of the landscaping work for the period from June 15, 2012 to July 10, 2012".

In this case, it is possible not to indicate the exact date of the end of the contract, if for some reason it cannot be determined. At the same time, the contract states that it terminates upon completion of certain work, for example:

“The contract is concluded for the implementation of temporary work on the compilation of a catalog of goods. The employee begins to perform his job duties on January 15, 2013. This fixed-term employment contract expires upon completion of the work on the compilation of the catalog ".

Please note that temporary jobs should last no more than two months.

When concluding a fixed-term employment contract for the duration of the performance of the duties of the absent employee, the agreement terminates with the exit of the absent employee to work. The following wording can be applied here:

“This employment contract is urgent, it is concluded for the duration of the performance of the duties of the absent accountant V.V. Vasiliev and is valid until his return from a business trip ".

If the contract is drawn up for the performance of seasonal work, then it is necessary to prescribe that it is concluded precisely for the season, since it is difficult to determine the expiration date of the agreement due to the fact that the length of the season depends on the natural and climatic conditions.

Also, when concluding a fixed-term contract by agreement of the parties, it is mandatory to indicate why the parties decided to conclude it.

Order and labor

The order of employment is drawn up in the form No. T-1 or T-1a. When concluding a fixed-term employment contract, you must fill in both cells "from" and "to". However, as mentioned above, determining the end of the contract can be difficult, therefore, in the column "to" you can specify:

• specific date;
• an event that determines the termination of an employment contract.

In this case, this column must be filled in in accordance with the condition that is spelled out in the contract. For example, it may contain: "Until the return of a temporarily absent employee from a business trip".

It is also mandatory to fill in the column "Conditions of employment, nature of work". This column may contain:

• under a fixed-term contract for the duration of the duties of an employee on a business trip;
• under an urgent contract for the period of temporary work on the compilation of a catalog, etc.

It is important

The maximum period for which a fixed-term employment contract can be concluded is five years, and the minimum is not defined in labor legislation. When sending an employee abroad, the term of a fixed-term employment contract may not exceed three years.

The work book is filled in according to the rules established by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. After the expiration of the contract, an entry is made in it in accordance with paragraph 2 of part 1 of article 77 of the Labor Code: "Fired due to the expiration of the employment contract".

Termination, extension, transformation

Upon the expiration of the term of the agreement, it is necessary to terminate its validity. The employee needs to send a notice of termination of the contract. This notice is sent to the employee three days before the date of termination and is drawn up in free form. Most often it is prescribed in it:

• Name of the organization;
• Full name of the employee;
• date and reason for termination of the contract.

In this case, a fixed-term contract can be terminated before the end of its term (for example, at the employee's own request). In this case, the dismissal procedure must comply with the general rules established by article 84.1 of the Labor Code. The dismissal order is issued in accordance with the unified form No. T-8 or T-8a, established by the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Also, after the termination of a fixed-term employment contract, it can be extended. But this action can have negative consequences. So, in paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" it is indicated that the servants of Themis can retrain a fixed-term employment contract into an unlimited one on the basis of its repeated renegotiation for a short period of time for doing the same job.

There is also the possibility of transforming a fixed-term contract into an unlimited one. This happens if none of the parties demanded the termination of the fixed-term contract due to the expiration of its validity period and the employee continues to work. At the same time, Rostrud's letter dated November 20, 2006 No. 1904-6-1 recommends the conclusion of an additional agreement to the fixed-term agreement, which will indicate that it has now been concluded for an indefinite period. However, this is not required.

Special Requirements

Labor law sets out specific requirements for fixed-term employment contracts concluded for a period of up to two months or for a season.

When concluding a contract for the performance of temporary work, it is prohibited to establish a probationary period. If an employee went to work on holidays or weekends, then it is compensated only in cash and at least double.

Compensation for vacation, if it has not been used, is determined on the basis of two working days per month of work. An employee is not paid severance pay, unless otherwise provided by a collective or labor agreement.

If seasonal work is performed, it is regulated in much the same way as temporary work. However, the period for warning the parties about the unilateral early termination of the employment contract for the employee is three days, and for the employer - seven days.

I. D. Shilov, lawyer

In practice, there are very often cases when it becomes necessary to conclude a fixed-term employment contract instead of an agreement concluded for an indefinite period of time. What are the features of this agreement, and how should it be drawn up?

What it is?

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

A temporary employment agreement is an agreement between an employee and an employer, concluded for a specific period of time. At the same time, the law clearly provides for the cases and procedure for concluding such an agreement.

Normative base

• The types of contracts are described. The grounds for drawing up a temporary contract are indicated in.
• The end of the term of the temporary contract is governed by clause 2 of the Labor Legislation of Russia.
• The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in Art.
• The duration of seasonal work, in which a fixed-term contract is concluded, is described in the article, and the list of these works, the accrual of seniority and the procedure for this process are listed in.

How is it different from indefinite?

A fixed-term contract has a certain period of time for which it is concluded. An open-ended contract does not have a validity period.

Moreover, with a temporary agreement, it indicates the reasons for concluding just such an agreement. An open-ended contract does not require such reasons.

After all, the law says that it is desirable to conclude an open-ended contract. A fixed-term contract is concluded in cases where it is impossible to conclude an indefinite one.

With whom and in what cases is it?

An employment contract for a specified period is concluded:

• with employees who arrived for seasonal work or for temporary replacement (up to one year);
• when working abroad;
• for social and temporary work from the employment center;
• when assigning an alternative service and when expanding the production of an enterprise;
• when sending an employee for an internship or retraining;
• with retirees and people in poor health.

With whom is it impossible to conclude?

The employer has the right to issue an employee under a fixed-term contract only in cases where such an opportunity is provided for by current legislation.

However, despite the existence of grounds for drawing up a temporary contract, it cannot be concluded several times in a row, without providing breaks (only with the same type of work activity).

If an employee is pregnant, the fixed-term contract must be extended until the end of the pregnancy - this is a mandatory legal requirement.

Advantages and disadvantages

Below are the pros and cons of this agreement for both the employee and the employer.

For an employee

For the employee, there are such advantages as:

• the presence of the same social guarantees as for employees of an open-ended contract (payment for sick leave, vacation, etc.);
• payment upon dismissal due to the liquidation of the organization (only with an unfinished term of the contract);
• a fixed-term contract is concluded only subject to a number of conditions established by law.

The disadvantages for the employee are:

• dismissal after the expiration of the contract;
• dismissal upon entering the workplace of the main employee;
• problems for women on parental leave when calculating uninterrupted service and calculating pensions.

For the employer

The only disadvantage for the employer when drawing up a temporary contract with employees may be the pregnancy of a subordinate.

In this case, termination of the fixed-term contract is not allowed or is possible only upon liquidation of the organization.

The plus of the conclusion of such an agreement will be considered full control over the employee and his work activities.

Grounds for conclusion

Article 59 of the Labor Code of the Russian Federation regulates the grounds for concluding such an agreement.

The legislation provides for unconditional grounds for concluding such an agreement. (Part 1 of Art. 59). But it can also be concluded by agreement of the parties (2 part of Art. 59).

The unconditional grounds provided for by the Labor Code include:

• conclusion of a contract during the absence of the main employee;
• for temporary work;
• for seasonal work;
• when working abroad;
• with an increase in production volumes;
• when creating a company for a period with a certain period;
• during training and internship of the main employee;
• when elected for this vacancy;
• with temporary provision of an elected body;
• when working from an employment center and in an alternative civil service.

The grounds for concluding a temporary contract by agreement of the parties include:

• work in small business;
• the employee's retirement age;
• medical restrictions and indications;
• when moving to the Far North;
• urgent prevention of emergency;
• election to a position through competition;
• the employee's position is related to the creative profession;
• when concluding an agreement with the head, deputy, chief accountant;
• finding an employee on full-time training;
• part-time job (both with internal and external part-time job).

How is a fixed-term employment contract concluded in 2019?

Below is the procedure for concluding a fixed-term employment agreement.

Order

A temporary agreement is drawn up in cases where it is not possible to conclude an open-ended contract with an employee. At the same time, the employer must understand that this is possible only if all the conditions of the Labor Code are met.

The contract can be concluded for a period not exceeding five years. Renewals are only possible if certain legal requirements are met.

On what period?

A temporary contract according to the Labor Code of the Russian Federation can be concluded:

• for a period not exceeding 2 months, when performing short work (seasonal work);
• for a period limited by the activities performed, while the end of the contract occurs at the end of the work;
• during the absence of the main employee.

Is there a probationary period?

The establishment of a probationary period for admission under a temporary contract is possible only with the written consent of the employee himself.

The refusal of the employee from the probationary period cannot serve as the refusal of the employer to hire.

Nuances of drawing up

An employment agreement must be concluded subject to certain legal requirements.

Form and sections

A typical temporary employment contract should include the following information:

• information about the parties who concluded it;
• subject of the contract;
• the period of the agreement;
• probationary period or its exclusion;
• salary;
• working hours and rest hours;
• duties of the parties;
• guarantees for the employee;
• social insurance.

This document must be drawn up in 2 copies, one of which remains with the employee, and the second with the employer.

In a temporary contract, the following must be specified:

• data of the parties (full name, data of the employee's passport, TIN of the employer);
• region and date of conclusion;
• name of company;
• description of the employee's labor activity;
• salary;
• operating mode.

It is also considered mandatory to justify the reasons for concluding a temporary contract → the period of validity of an urgent relationship, etc.

Typical sample

What does such an agreement look like?

Below is a sample form of a fixed-term employment contract:

Required documents

To conclude a contract, you need to have certain documents.

Statement

An application from an employee for a job is made in writing.

This document is not considered mandatory and does not in any way confirm the existence of an employment relationship between the employer and the employee.

The application form is not approved by law, and it can be drawn up in any form. At the end of the application, the date and signature are affixed.

Below is a sample of this document:

Order

This document prescribes the position, date of entry to work, type and conditions of activity, tariff and payment.

The order contains the employee's personnel number, based on the general register of employees.

The position indicated in the order must be identical with the position indicated in the employment contract. At the end of the order, the employee writes with his own hand: "I have read the order" and puts his signature.

Drawing up an order is considered mandatory: without it, hiring is impossible.

Below is an example of the form of this document:

Employment record

The entry in the work book when working under a temporary contract should not differ from the entry when working under an open-ended agreement.

However, the entry made upon dismissal must reflect the term of the temporary employment contract.

Example:

Design features for different categories of employees

The conclusion of a fixed-term employment contract with certain categories of citizens has its own characteristics, which are presented below.

With a minor employee

When making a fixed-term contract with a minor, whose age reaches 14 years, it is necessary to obtain consent from one of the parents (guardian, trustee).

Labor activity should not interfere with the teenager's studies.

If the employee is already 16 years old, then he can be hired under a temporary contract, with the condition of receiving a general education, or when combining study and work.

The employer must provide the adolescent with light labor.

If the child is not even 14 years old, then the conclusion of an employment contract is excluded, except in the field of cinema and circus.

Below is an example of a fixed-term employment contract with a minor:

During maternity leave

When hiring an employee for the place of the main employee on maternity leave, the employer is obliged to negotiate all the conditions and period of validity of the temporary employment contract.

Moreover, when the main employee extends maternity leave, it is allowed to extend the term of the temporary labor contract.

A transition from a temporary contract to an unlimited one is allowed, with the consent of all parties to the formalized labor relationship.

For temporary and seasonal work

For seasonal activities, a temporary contract is concluded for a specified period.

The agreement specifies the reasons for concluding just such an agreement and the end of its validity period. The document is drawn up in writing.

At the end of seasonal work, the employer notifies the employee no later than three calendar days of the termination of the contract. Non-working days are considered calendar days.

Below is an example of such an agreement:

Concurrently

An employee who has 2 jobs (main and part-time) must have at least 2 employment contracts.

An employment contract with a part-time job is mandatory. It should state that this activity is carried out concurrently.

A temporary concurrent contract is concluded for a period not exceeding 5 years. The minimum period is not established by law.

An entry in the work book is made only if the employee who works in this way wishes so.

It is prohibited to work part-time for a person under the age of 18, a municipal employee, a judge, a member of the Government and other similar categories (with the exception of activities in teaching and creativity).

Below is an example of this contract:

Pregnant women

A temporary contract cannot be terminated with a pregnant employee. Its termination is permissible only a week after the end of pregnancy.

Managers and directors

The conclusion of a temporary contract with the head of the organization is allowed only by agreement of the parties.

Retirees

The Labor Code of the Russian Federation provides for the conclusion of a fixed-term contract with a person of retirement age.

However, if this age was reached during the term of an open-ended employment relationship, then a renewal of the contract is not required.

With a foreign citizen

According to labor legislation, a temporary contract with a foreign citizen can be concluded, and without a specific period and regardless of the period of validity of the work permit.

Recruiting a foreigner to work is possible upon reaching the age of 18.

The exception is highly qualified specialists in the field of trade in folk and pharmaceutical goods.

Holidays

Regardless of what contract is concluded with the employee, he is entitled to vacation.

The difference can only be related to the period of work:

• When concluding a temporary contract for a period not exceeding 6 months, the calculation is made based on the conditions - two days of rest per working month (six-day working week). Working days, holidays and weekends are not taken into account when calculating vacation.
• With a fixed-term contract concluded for seasonal work for more than 2 months, the condition of vacation days is changed to 2.33 days. It turns out that when calculating vacation for a full working year, a seasonal worker is given a full vacation with a period of 28 days.

Compensation for unused vacation is calculated on the basis of general conditions: 2.33 days for one month of employment.

Financial questions

Below are the main financial issues that may arise when concluding a fixed-term employment contract.

Salary

The remuneration for labor under a fixed-term contract does not differ in any way from the payment for labor when concluding a standard open-ended contract.

All tariffs are prescribed without fail.

Payment can be made both in cash and by bank transfer. The type of payment is also indicated in the corresponding clause of the employment contract.

Hospital

Payment for sick leave of an employee under a fixed-term contract is considered the responsibility of the manager.

If the employee has worked for more than 6 months, then the sick leave is calculated based on the standard scheme.

If, however, an employee arranged under a temporary contract has worked for less than 6 months, then the code on the sick leave is 46.

The maximum days for which payment is due in this case is 75.

Compensation for unused rest days

accrued on the days worked by the employee in compliance with the general conditions:

• If the worked time does not make up a whole month, but is its most part, then the calculation is made from a full month.
• If the time worked is less than a month, then no compensation is charged for this time.

Taxation

Taxation for employees hired under a temporary contract is the same with the application of a single tax to employees of an open-ended contract.

If a temporary worker has worked for less than a year, then a single tax is applied to him minus the time when he was not working.

The same requirements apply to personal income tax certificates as to documents of permanent employees.

Indexing

Indexing can be established only by agreement of the parties and is not the responsibility of the head.

If, by agreement of the parties, indexation is provided, then this paragraph must be included in the text of the agreement.

Renewal

A fixed-term employment contract can be extended for a new term.

Conditions

Prolongation of a temporary agreement is possible in the case of its execution:

• with athletes;
• pregnant women;
• employees of a higher educational institution (upon winning a competition for a position).

When extending a temporary contract, a corresponding annex is drawn up, which indicates additional activities or a new period of validity.

Despite the extension of the temporary contract, the total term cannot exceed a period of five years.

If the extension provides for a longer period, then it is unacceptable. In this case, there can only be a renegotiation of the document.

Order

Immediately after writing and signing an additional agreement to the temporary agreement, a corresponding order is issued (form T1 or T1a).

In this order, it is imperative to indicate the renewal period.

Example:

Additional agreement

If you wish to extend the temporary contract before the end of its term, an additional agreement is filled out.

If a change in conditions is implied, then this must be written in the document. It is also worth indicating the period of validity of the additional agreement.

Below is an example of this document:

Termination

Termination of a fixed-term employment agreement must also be carried out in accordance with certain legal requirements.

In this case, the term of its validity is terminated, and the employee is dismissed. In this case, termination is possible both after the expiration of the contract, and ahead of schedule.

Employee initiative

Dismissal under a fixed-term contract, if the employee wishes, is permissible.

Three days before the desired dismissal, the employee must notify the employer in writing.

For example, Antonov was hired on a fixed-term employment agreement, but after a while he received a better offer and decided to change jobs. In this case, the termination of the employment agreement is carried out on the initiative of the employee. He only needs to notify the employer of his intention to change jobs.

Employer's initiative

The employer has the right to dismiss an employee who is registered under a temporary employment contract if he fails to fulfill his job duties.

However, they cannot simply dismiss an employee; there must be reasons for this, which are provided for in the legislation.

Dismissal of a pregnant woman and a mother on parental leave

Dismissal of a pregnant employee is allowed only upon liquidation of the organization / enterprise.

The rest of the reasons for dismissal are considered invalid.

Women on parental leave may be fired when the main employee leaves.

Documenting the dismissal

When an employee is dismissed, certain documents must be drawn up.

Notification

Dismissal notice can be issued in any order. It is transferred directly to the dismissed employee by the HR specialist.

The indication of the reason for dismissal is considered mandatory.

The notification is drawn up in two copies, one of which is forwarded to the employee, and the second to the employer.

Below is an example of such a notification:

Order

After the employee signs the notice, a dismissal order is drawn up, which indicates the reason (termination of a fixed-term contract, failure to fulfill official duties, etc.).

Below is an example of a similar document:

Payments and compensation

All settlements with an employee under a fixed-term contract upon dismissal are made according to the standard scheme.

The settlement with the dismissed employee must be made on the last working day. On this day, he is also given a completed work book.

FAQ

Below are answers to frequently asked questions regarding a fixed-term employment agreement.

Is it allowed to transfer from an unlimited to a temporary contract?

This process is regulated by the Labor Code of the Russian Federation.

Transfer from an open-ended mode of work to a fixed-term contract is allowed only if there is an agreement of the employee himself.

Is it possible to conclude with an individual entrepreneur?

Yes, you can. The conclusion of a temporary agreement between an employee and an individual entrepreneur is possible subject to the standard scheme for drawing up such an agreement.

How many times can I register with the same employee?

The legislation does not provide for a limit on the number of fixed-term contracts concluded with the same employee.

However, when applying to the court, it can be recognized as indefinite.

In what cases is a medical examination required before hiring?

On a mandatory basis, a medical examination must pass:

• minors;
• workers engaged in hazardous or heavy work;
• food industry workers, employees of a children's institution, trade;
• rotational workers;
• specialists sent to work in the Far North;
• sports workers;
• persons who take part in the activities of the movement of the train;
• customs officials;
• rescuers and judges;
• employees of educational institutions;
• medical workers.

Which is better - a work contract or a fixed-term contract?

If you intend to perform regular activities, then it is better to conclude an employment contract. In the case when the activity is of a one-time nature, it is more expedient to draw up a work contract.

It follows from the above that the current legislation carefully regulates not only the procedure and rules for concluding a fixed-term employment agreement, but also the procedure for its termination.

At the same time, both parties to the agreement must strictly comply with all legal requirements. This is especially true of the employer, who may be held liable for the violations committed.

In practice, very often disputes arise between the parties to the agreement.

In such a situation, it is advisable to seek help from a qualified specialist who can help and protect the rights and interests of his client.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Therefore, FREE expert consultants work for you around the clock!

1. Ask a question through the form (below), or via online chat
2. Call the hotline:
   • Moscow and the Region -

Any organization must have samples of employment contracts, including a sample of a fixed-term employment contract of 2017. Indeed, when applying for a job, the candidate may ask to familiarize himself with the contract.

Grounds for concluding a temporary contract

The employer can conclude a fixed-term employment contract with the candidate on the conditions specified in and 59 of the Labor Code of the Russian Federation. All the grounds for concluding a fixed-term employment contract can be divided into four groups, namely:

• a contract is concluded for a period when the end date is known;
• when the employment contract will be terminated at the time of the permanent employee's departure to work;
• when the contract is terminated due to the end of the work of a temporary person or the organization as a whole;
• the urgency of the employment contract is due to the agreement of the parties to the contract.

It is worth remembering that in the sample of a fixed-term employment contract of 2017, it is necessary to enter the basis prescribed in article 59 of the Labor Code of the Russian Federation. For, in the event of a discrepancy between the grounds and labor legislation, the employee can apply to the court in order to recognize the fixed-term contract as indefinite.

Summing up, I would like to remind employers that in addition to recognizing a fixed-term employment contract as indefinite, a former employee may demand reinstatement at work, payment for forced absenteeism, compensation for moral damage, in accordance with