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 employment relationship.

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:

• An employee who previously held a vacant position went on maternity leave. Her place is reserved in accordance with the Law;
• for 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, so 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 advertising campaigns can be carried out at least periodically, then there are events that generally go beyond the scope of 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 responsibility assigned to these positions, the owners of legal entities thus insure the risks of ineffective management of enterprises;
• 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 of the enterprise and regulations on labor protection.

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 are employed for the first time in their specialty within one year from the date of receipt of the diploma (for educational institutions with state accreditation), students who 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 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

The procedure for granting 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 work 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 leaves 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 when it is not possible to find a permanent position, one should be guided by other considerations: the amount of wages, working conditions, gaining work experience in a successful company, filling a 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 an information technology specialist, there will most likely be a job for you in such a niche, if you are not an employee of a specialized organization and are able, using the material resources of the enterprise, to 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 being 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 legislative norm?

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;
• transfer 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. Judicial 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:

The Labor Code of the Russian Federation gives employers the right to draw up fixed-term employment contracts. But this can only be done if there are grounds specified in the law. That is, the company’s management cannot enter into a temporary employment contract with any person they wish.

Who and with whom can conclude such a document?

A fixed-term employment contract is concluded between the parties to the employment relationship, that is, between the employee and the employer. To conclude such an agreement there must be a legal basis; the employer cannot make an employee based only on his own desire.

If the contract does not indicate such a basis or it is not true, the contract may be recognized and the employee will become permanent.

Advantages and disadvantages

The main advantage of a fixed-term employment contract for an employer is that the period of work for a person is limited; after its end, he does not have to renew the employment relationship with him.

Also, employees who have entered into contracts for a period of less than six months may not be paid full benefits upon reduction or not be warned if the contract expires earlier than two months, that is, before the date of reduction.

For an employee, a fixed-term employment contract has practically no advantages, except for the fact that with a contract whose term is less than two months, there is no fixed term, and you can quit with just three days’ notice.

Conditions for issuing a fixed-term employment contract

The main condition that makes it possible to conclude a temporary employment contract with an employee is the presence of a legal basis, which must be indicated in the text of the contract.

Reasons

The grounds for concluding a fixed-term employment contract are given in Article 59 of the Labor Code of the Russian Federation. This includes:

1. , for which a place is reserved.
2. Performing temporary and seasonal work. In this case, the work must necessarily be of a pronounced temporary nature or be seasonal.
3. Performing work that is not the main activity of the enterprise.
4. Performing work in organizations or workplaces that were originally created for a specific period.
5. Citizens whom the enterprise sends to work outside the country.
6. Election to an elected position or to an elected body.

For these reasons, an employer can enter into an employment contract without the employee’s consent.

In addition, there are reasons why an employment contract may be temporary if the parties agree on this.

In practice, during employment, the employer voices his intention, and the employee can agree or not.

If he disagrees, he is simply not hired due to the lack of agreement between the parties.

Such grounds include the following:

1. With old age pensioners registering for work.
2. With workers settling in companies that can be classified as micro-enterprises.
3. With managers, their deputies and chief accountants.
4. With part-timers.
5. With full-time students.
6. With persons who filled a vacancy as a result of a competitive selection.
7. If the work has special conditions (creative work, work on sea vessels and in the Far North, preventing the consequences of accidents and disasters).

If the reason is not specified, then it is considered that the contract was concluded as temporary without legal grounds.

Required documents

The fact of concluding a temporary contract is also reflected in several other documents.

Statement

The application form has not been approved, nor has it been approved what the employee must do. But in practice it is much more convenient when this fact is reflected. For example: I ask you to hire me as an accountant during the absence of a permanent employee.

Otherwise, the application is written in the usual manner.

Order

After an employment contract has been signed with the employee, an order for his employment is drawn up. Usually the unified form T-1 is used. It indicates that the employee was hired temporarily and for what reason. If the date of dismissal is determined, then it is indicated in a special cell.

Based on the order, an entry is made in the work book, but it does not indicate that the work is temporary.

Nuances of imprisonment with different categories of citizens

Separately, it is necessary to consider several categories in relation to which there are nuances when concluding an employment contract for a certain period.

Minors

The Labor Code of the Russian Federation does not indicate that the employer does not have the right to provide employees with fixed-term contracts. Accordingly, persons under 18 years of age can also be employed for a certain period of time, if there are grounds for this.

But at the same time, the employer must comply with all the conditions determined by Chapter 42 of the Labor Code of the Russian Federation:

1. The work should not be dangerous or harmful.
2. The working day should not exceed the norms established for a certain age.
3. Minors cannot be sent on business trips or engaged in night work.
4. It is also prohibited to engage in overtime work and work on weekends and holidays.

Termination of employment relations due to the expiration of the employment contract does not apply to the initiative of the employer, which means that in this case this procedure is possible without the involvement of the labor inspectorate and the commission for minors.

Pregnant women

Obliges the employer to extend the contract with a pregnant woman until the end of her pregnancy, that is, until childbirth. If a woman receives sick leave for pregnancy and childbirth and goes on corresponding leave, the contract is extended until its end. If she returns to work after giving birth, the employer can terminate the contract with her within 7 days.

Read also: What validity period can be specified in an employment contract?

In order for the contract to be extended, the employee must do the following:

1. Write an application for extension indicating the reason.
2. Attach a certificate of pregnancy to the application.

The employer has the right to require a certificate of pregnancy every month until its end.

If the employer does not have the opportunity to extend the employment contract of a pregnant woman, for example, in the event of the departure of the main employee, then before dismissal he must offer her all available vacancies that are suitable for her taking into account her situation.

Pensioners

By agreement of the parties, a fixed-term contract can be concluded with age pensioners. The duration of such a contract is limited only by a maximum of five years.

It is possible to conclude a fixed-term contract with a pensioner only if he is employed in a new place of work. If at the time of retirement age he worked in an organization and had an open-ended employment contract, then he cannot be transferred to temporary work.

Managers

An employment contract with a manager can be temporary for two reasons:

1. By agreement of the parties.
2. In the case where the position of the manager is elective.

According to Article 275 of the Labor Code of the Russian Federation, the validity period of such an agreement must be determined by the charter or other local regulatory documents; accordingly, it can be concluded for more than 5 years.

Payment Features

Temporary workers are paid based on the regulations in force in the organization. But there are certain nuances when paying vacation compensation.

Compensation for unused vacation

The Labor Code of the Russian Federation makes a reservation only regarding vacations for employees who have entered into an employment contract for less than two months or whose work is seasonal. In this case, they are provided with vacation (compensation) at the rate of 2 calendar days per month, and not 2.33 as in all other cases.

For all other categories of employees who have entered into temporary employment contracts, the general principles for calculating vacations and compensation for them apply.

Vacations and sick leave

Since, for obvious reasons, temporary workers may not be included in the vacation schedule, they can be provided with rest only by agreement with the employer, especially for those categories whose employment period does not exceed six months.

During the period of temporary incapacity for work, temporary employees are entitled to all the benefits provided to main employees. That is, they retain their jobs and receive benefits.

If the employment contract ends while the employee is on sick leave, the employer still has the right to fire him. Moreover, if this is not done, the contract may be recognized as unlimited due to the fact that neither party initiated its termination after the expiration of the term.

Features of termination

If after the expiration of the period, the employer must notify the employee 3 days in advance, if possible. This becomes impossible if the contract does not specify a specific date, but the occurrence of a certain event, for example, the departure of the main employee.

Fixed-term employment contract - with whom can you conclude it and under what conditions? These issues are relevant for all participants in labor relations. Unlike an open-ended contract, a contract concluded for an agreed period ends at a specified time or upon the occurrence of certain events. The reader will learn more about the list of persons with whom fixed-term employment relationships can be formed by reading the publication.

Fixed-term employment contract: signs and cases of conclusion

Legal regulation of issues related to the execution of this type of agreement is carried out in accordance with the Labor Code of the Russian Federation.

Art. 59 of the Labor Code of the Russian Federation stipulates that fixed-term contracts have the following characteristics:

• They are concluded for a certain period, which may be limited to a calendar date or moment characterized by circumstances (events) specified in the agreement. Read about the differences between a fixed-term contract and an open-ended one.
• At the end of the stipulated period and in the absence of proposals from the employer to extend it, the contract is considered to have expired.
• Depending on the term of the contract, the probationary period can be minimal, up to 2 weeks, or not applied at all, for example, when the agreement is valid for up to 2 months (Article 70 of the Labor Code).

Let us note that if the agreement does not contain an indication of its time-limited validity, as well as in cases where the stipulated period exceeds 5 years, then the contract is considered to be concluded on an indefinite basis.

In what cases does the law establish that a fixed-term employment contract is concluded and not an open-ended one?

The legislator in Art. 59 of the Labor Code of the Russian Federation directly stipulates cases of drawing up an agreement with an employee that provides for a limited period of validity. The law establishes that a fixed-term employment contract is concluded:

• to assign to the hired employee the duties of an employee who is absent from work for a long time, in cases where the employer is required by law to maintain the job for such an employee (for example, in case of illness);
• carrying out urgent work (up to 2 months);
• performing work with a characteristic feature of seasonality, which, due to climatic conditions, can only be carried out in the corresponding season, and the agreement concluded for such work is terminated at the end of the season;
• if necessary, perform work duties abroad (as a rule, the term of the agreement corresponds to the time spent outside the Russian Federation);
• carrying out work not included in the main activities of the organization, related to the expansion of production capacity or increase in volumes, as well as the implementation of other activities (repair, commissioning and other types of work);
• when the employer is a legal entity created for a limited period to carry out certain work (the agreement is limited to such a period, and it ceases to be valid at the moment of termination of the organization’s activities, provided there is no succession);
• when hiring an employee for an internship, training in a specialty or practice;
• hiring an employee to perform specific work, including in cases where the period for its completion cannot be determined at the time of concluding a fixed-term contract;
• sending an employee to public and other temporary work by the employment center;
• issuing a referral to alternative civil service;
• election of a citizen to an elective position in government bodies, political, public and other associations.

With whom is a fixed-term employment contract concluded?

At the legislative level, categories of persons are established with whom, if there is an agreement, it is permissible to conclude a fixed-term contract, regardless of the conditions and nature of the duties performed. By virtue of para. 2 tbsp. 59 of the Labor Code of the Russian Federation, such persons include:

Don't know your rights?

• citizens who apply to work for individual entrepreneurs or small organizations whose staff does not exceed 35 people (20 people for employers in the field of trade and the provision of consumer services);
• pensioners who, by virtue of law or medical indications, are allowed only to work temporarily;
• employees who are accepted into organizations operating in the Far North, subject to relocation;
• employees involved in work aimed at preventing epidemics, accidents and other disasters, and, if necessary, eliminating the consequences of such incidents;
• have passed a competition to fill a vacant position;
• workers in creative professions, including the media, theaters, circuses and others (the list of professions classified as creative is approved by the Government of the Russian Federation);
• organizations included in the management, including managers, their deputies and chief accountants;
• those undergoing full-time training;
• members of the crew of vessels of various types of navigation;
• involved in part-time work.

The legislator may additionally provide for other categories of persons with whom, subject to appropriate consent, it is permissible to conclude a fixed-term contract. In particular, to such persons by virtue of Art. 348.2 of the Labor Code of the Russian Federation also applies to athletes and coaches of sports teams.

Who should you not enter into a fixed-term employment contract with?

A fixed-term contract is a type of contract concluded with an employee for an indefinite period, and therefore the restrictions in force by law apply to both types of agreement.

In particular, it is impossible to conclude a fixed-term contract with persons under 16 years of age (with the exception of categories of professions expressly provided for by law). In addition, only capable persons can act as employees; in some cases, admission of persons with limited legal capacity is possible if the conditions and nature of the work are safe for both the employee himself and those around him.

At the same time, the analyzed type of contract is characterized by an additional condition, in the absence of which the conclusion of such an agreement is unacceptable. This condition is the consent of the employee. In the absence of his consent regarding the period for which the contract is concluded, the contract is concluded for an indefinite period or is not concluded at all.

Features of concluding and terminating a fixed-term employment contract

The procedure and consequences of signing a fixed-term contract are almost identical to those that occur when drawing up an agreement with an employee that does not provide for its validity period. The exception is the indication of the reason for concluding the analyzed type of contract, for example, the performance of work depending on climatic conditions (seasonal), and the duration of its validity. Please note that an entry is made in the work book according to the general rule, without indicating the type of agreement executed.

Such a contract is terminated due to the expiration of its validity period in the manner provided for in Art. 79 Labor Code of the Russian Federation. The legislator does not limit the employee and the employer in applying any grounds for termination provided for indefinite employment contracts. In particular, termination is permissible at the initiative of the employee or employer, by agreement of the parties, before the end of the stipulated period.

A sample fixed-term agreement can be studied by reading

In conclusion, we note that employers have the right to exercise the right to conclude a fixed-term employment contract only in situations specified by law and with specific groups of people with their consent. Such conditions are aimed at protecting the interests of workers’ rights, since the conclusion of a fixed-term employment contract is a convenient tool for unscrupulous employers.

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 features does this agreement have, and how should it be drawn up?

What it is?

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

Normative base

• Types of contracts are described. The grounds for drawing up a temporary contract are specified in.
• The end of a temporary contract is regulated by paragraph 2 of the Labor Legislation of Russia.
• The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in.
• The duration of seasonal work, during which a fixed-term contract is concluded, is described in the article, and the list of these works, the accrual of length of service and the procedure for this process are listed in.

How is it different from unlimited?

A fixed-term contract has a specific period of time for which it is concluded. An open-ended contract has no expiration date.

Moreover, with a temporary contract, it indicates the reasons for concluding such a contract. An open-ended contract does not require such reasons to be indicated.

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

With whom and in what cases is it concluded?

An employment contract for a specified period is concluded:

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

Who can't you make a deal with?

An employer has the right to employ an employee under a fixed-term contract only in cases where such a possibility 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 for 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 employee

For the employee there are such advantages as:

• the presence of the same social guarantees as for employees with an open-ended contract (payment of sick leave, vacation, etc.);
• payment upon dismissal due to liquidation of the organization (only if the contract period is not completed);
• a fixed-term contract is concluded only if a number of conditions established by law are met.

The disadvantages for the employee are:

• dismissal upon expiration of the contract period;
• dismissal when the main employee returns to the workplace;
• problems for women on parental leave when calculating continuous service and calculating pensions.

For the employer

The only disadvantage for an 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 advantage of concluding such an agreement will be complete control over the employee and his work activities.

Reasons for conclusion

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

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

The unconditional grounds provided for by the Labor Code include:

• concluding 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 certain period;
• during training and internship of the main employee;
• upon election to this vacancy;
• in the temporary provision of an elected body;
• when working from the employment center and in the alternative civil service.

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

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

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 a permanent contract with an employee. At the same time, the employer must understand that this is only possible if all the conditions of the Labor Code are met.

The contract can be concluded for a period of no more than five years. Extension is only possible if certain legal requirements are met.

For how long?

A temporary agreement in accordance with the Labor Code of the Russian Federation can be concluded:

• for a period of no more than 2 months, when performing short-term work (seasonal work);
• for a period limited by the activity performed, while the end of the contract occurs upon completion of the work;
• during the absence of the main employee.

Is there a probationary period?

Establishing a probationary period when hiring under a temporary contract is possible only with the written consent of the employee himself.

An employee’s refusal to accept a probationary period cannot serve as a refusal by the employer to hire.

Nuances of drafting

The employment agreement must be concluded taking into account certain legal requirements.

Form and sections

A typical temporary employment contract should include the following information:

• information about the parties who entered into it;
• subject of the contract;
• the period of validity of the agreement;
• probation or its exception;
• salary;
• working time and rest time;
• 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.

The temporary contract must necessarily indicate:

• details of the parties (full name, employee passport details, employer’s tax identification number);
• region and date of conclusion;
• name of company;
• description of the employee’s work activity;
• salary;
• operating mode.

It is also mandatory to justify the reasons for concluding a temporary contract → the period of validity of a fixed-term 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, certain documents are required.

Statement

An employee's application for employment must be submitted in writing.

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

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

Below is a sample of this document:

Order

This document specifies 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 specified in the order must be identical to the position specified in the employment contract. At the end of the order, the employee writes in 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 form of this document:

Entry in the work book

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 terms of the temporary employment contract.

Example:

Design features for different categories of employees

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

With a minor employee

When drawing up 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).

Work activity should not interfere with a teenager’s studies.

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

The employer must provide the teenager with light work.

If the child is under 14 years old, then concluding an employment contract is excluded, except in the field of cinema and circus.

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

During maternity leave

When hiring an employee to replace a main employee who is 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, an extension of the temporary employment contract is allowed.

A transition from a temporary contract to a permanent one is allowed, with the consent of all parties to the employment relationship being formalized.

For temporary and seasonal work

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

The contract specifies the reasons for concluding such a contract and the expiration of its validity. 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:

At the same time

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

An employment contract with a part-time worker is mandatory. It must state that this activity is carried out part-time.

A temporary part-time contract is concluded for a period of no more than 5 years. The minimum period is not established by law.

An entry in the work book is made only if the employee working in this way wishes.

Part-time work is prohibited for a person under 18 years of age, a municipal employee, a judge, a member of the Government and other similar categories (with the exception of teaching and creative activities).

Below is an example of this agreement:

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 permitted only by agreement of the parties.

Pensioners

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

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

With a foreign citizen

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

Employment of a foreigner is possible upon reaching the age of 18.

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

Vacations

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.
• In case of a fixed-term contract concluded for seasonal work for more than 2 months, the condition of vacation days changes to 2.33 days. It turns out that when calculating vacation for a full working year, a seasonal worker is granted full vacation with a period of 28 days.

Compensation for unused vacation is calculated based on general conditions: 2.33 days per month of work.

Financial questions

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

Salary

Remuneration under a fixed-term contract does not differ in any way from remuneration when concluding a standard open-ended contract.

All tariffs are mandatory.

Payment can be made either in cash or by bank transfer. The type of calculation is also indicated in the corresponding clause of the employment contract.

Sick leave

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

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

If, however, an employee employed 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

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

• If the time worked does not amount to a whole month, but is the majority of it, then the calculation is made on the basis of a full month.
• If the time worked is less than a month, then compensation is not accrued for this time.

Taxation

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

If a temporary worker has worked for less than a full year, then a single tax is applied to him minus the time when no work activity was carried out.

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

Indexing

Indexation can be established only by agreement of the parties and is not the responsibility of the manager.

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

Extension

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

Conditions

Extension of a temporary contract is possible if it is executed:

• with athletes;
• pregnant women;
• employees of a higher educational institution (if they win a competition for a position).

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

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

If the extension provides for a longer period, then it is unacceptable. In this case, the only option is to re-sign the document.

Order

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

This order must indicate the extension period.

Example:

Additional agreement

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

If a change in conditions is implied, this must be stated in the document. It is also worth indicating the validity period 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, its validity period is terminated, and the employee is dismissed. In this case, termination is possible both upon expiration of the contract and ahead of schedule.

Employee initiative

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

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

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

Employer initiative

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

However, they cannot simply fire an employee; for this there must be reasons that are provided for in the law.

Dismissal of a pregnant woman and mother on maternity leave

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

Other reasons for dismissal are considered invalid.

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

Documentation of dismissal

When dismissing an employee, certain documents must be drawn up.

Notification

Notice of dismissal can be issued in any order. The HR department specialist transfers it directly to the dismissed employee.

Indicating the reason for dismissal is considered mandatory.

The notice is issued in two copies, one of which is given to the employee and the second to the employer.

Below is an example of such a notice:

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 such a document:

Payments and compensations

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

Payments to 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 fixed-term employment agreements.

Is it possible to transfer from an open-ended to a temporary contract?

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

A transfer from an indefinite work schedule to a fixed-term contract is permitted only with the agreement of the employee himself.

Is it possible to enter into a contract with an individual entrepreneur?

Yes, you can. Concluding a temporary contract 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, if you go to court, it can be recognized as unlimited.

In what cases is a medical examination required before hiring?

The following must undergo a mandatory medical examination:

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

What is better - a contract or a fixed-term contract?

If you plan to perform regular activities, then it is better to conclude an employment contract. In cases where the activity is one-time in nature, it is more expedient to draw up a contract agreement.

From the above it follows 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.

In this case, both parties to the agreement must strictly comply with all legal requirements. This is especially true for the employer, who may be held liable for violations.

In practice, disputes very often 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.

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

Employers have the right to enter into temporary contracts when the employment relationship cannot be established for an indefinite period. Such agreements are drawn up:

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

There are two types of grounds for drawing up 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 look at each type of base in more detail.

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

• For the duration of temporary work, the duration 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 the absent employee;
• Individuals are employed by companies that are established for a predetermined period of time to perform a specific job;
• The jobs for which employees are hired differ from the jobs that the organization usually performs;
• The job involves increasing production volume for a period of time;
• Citizens are sent to perform civil service;
• Persons are hired for work, the end of which cannot be determined by a specific date;
• Completing an internship;
• Election for a specific term to an elective position;
• 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 businesses, the number of their employees is less than thirty-five people (if the organization is engaged in retail trade - 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 through a competitive process 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 management positions, including chief accountants;
• With full-time students;
• With citizens taking part-time jobs;
• In other cases provided for by law.

It is worth noting that a fixed-term contract is concluded in accordance with the general rules. However, in addition to the general provisions, the text of the contract must contain:

• Reason for concluding a temporary contract, necessarily with reference to the Labor Code;
• Duration of the contract.

Violation of current legislation by the employer

If, when executing a temporary contract, the employer violated any legal norms, the employee has the right to defend his rights. To do this, he can apply to the court.

If a controversial situation arises, the court recognizes a temporary contract as a contract concluded for an indefinite period, if, when concluding it, the employer:

• Did not specify the validity period of the agreement in the text of the agreement;
• Did not take into account the list of cases in which it is possible to conclude a temporary contract;
• Did not indicate the reason why the contract was concluded for a specific period;
• Did not provide the employee with the provided rights and guarantees.

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

• Reinstatement of the employee to his previous position;
• Payment to the employee of wages for the period of forced absence;
• Payment of compensation for moral 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 contract term

Employers quite often wonder whether it is possible to change the duration of a temporary contract.

As a general rule, extending 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 is even obliged) to extend the contract term. In accordance with these exceptions, the contract period can be extended with:

• Employees of higher educational institutions selected through a competitive process to fill a previously held position;
• Athletes;
• Expectant mothers (if the woman writes an application for renewal and provides a doctor’s certificate).

The contract period can only be extended 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.

By extending the contract with additional agreement, employers should remember that the maximum extension period allowed is five years. Also, in order to extend the contract, the grounds on which the contract was concluded must be preserved.

Read more about the conditions for extending a fixed-term employment contract.