Numerology 

The employment contract is concluded for a certain period of time. We conclude a fixed-term employment contract

Employers who need the services of hired personnel do not always want to hire people on a permanent basis. The law allows in certain situations to conclude a fixed-term employment contract with an employee, which will be relevant only for a strictly defined time period. This type of relationship is formalized taking into account important legislative nuances.

The epithet "urgent", usually associated with fast speed, in the name of this agreement comes from the word "term", that is, a set period of time.

With the help of this definition, the difference between such relations and standard ones, which are built on an indefinite time of cooperation, is expressed.

When concluding an indefinite, or ordinary, date the employee begins to perform his functions, and the time of dismissal and its reason are not determined. Whereas a fixed-term employment contract is such a documentary form of registration of the employee-employer relationship, when the conditions for parting and its time are determined in advance.

In Art. 56 of the Labor Code of the Russian Federation declares the obligation to draw up an employment contract during employment with an indication of the validity period as an essential condition. The procedure for registration of temporary employment is regulated in Art. 59 of the Labor Code.

The main difference between a fixed-term employment contract and an indefinite one is that the first can be concluded only when the second is objectively impossible, and the reason must be justified in the text of the contract and provided for by law.

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Important! The consent of the employee and the desire of the employer do not matter when choosing the form of an employment contract - fixed-term or indefinite. The execution of an employment contract must be carried out in accordance with the legal grounds strictly defined in the Labor Code of the Russian Federation. Otherwise, an illegally concluded fixed-term employment contract will be reclassified into an open-ended one.

How long is a fixed-term contract?

In the test of this agreement, it is necessary to indicate not only the date of the beginning of the employment relationship, but also determine their final. The maximum period of a fixed-term contract is 5 years. If you specify a longer period, such an agreement will turn into an indefinite one.

For the legitimacy of the time limit, the contract should reflect its scope:

  • designate a specific date for the termination of relations (within five-year boundaries);
  • give an event, the occurrence of which authorizes the termination of the employment contract.

Attention! If one of these conditions is not present, the contract legally turns into a regular one - with an indefinite period of validity. The minimum term for concluding an employment contract is not provided by law.

Final date

In the first case, even the date specified in the contract does not mean automatic dismissal: the employer is required by law to inform the employee about the upcoming separation three days in advance, and in writing. Otherwise, the expiration of the contract will not be grounds for dismissal, and if it does take place, the employee will be able to challenge it.

Without warning the employee, the employer, as it were, agrees with the extension of the fixed-term contract for an indefinite period, that is, its retraining into an indefinite one - this is how the Labor Code interprets this situation.

border event

It is impossible to predict the occurrence of the event indicated in the contract, which means that it will not be possible to warn the parties in advance. Therefore, there is no temporary “backlash” here - the foreseen event unequivocally breaks the fixed-term employment contract. Usually, such an event provides for the entry into the service of the main employee, in whose place the temporary worked.

With whom you can conclude a fixed-term contract


This type of employment agreement is concluded with one of the categories of hired personnel under the following conditions:

  • the nature of the work does not allow foreseeing the duration of the required employment;
  • the duration and ending of the labor relationship is obvious.

Such employees include:

  • seasonal staff;
  • employees who were hired for a specific task by the right time;
  • employees hired to perform temporary functions that are not in the core business of the company;
  • teachers who have the right to hold a position only for the duration of the competition;
  • deputies of the main employee for the period of long-term disability (illness, maternity leave, etc.).

In which case it is impossible to conclude a fixed-term contract

The answer to this question is given by the method of exclusion: a fixed-term contract cannot be concluded if it is permissible to conclude an open-ended one instead. Because the employer benefits more from a fixed-term employment relationship than the employee, the law protects the weaker party.

The International Labor Convention (ILO) and Russian legislation seek to minimize the number of temporary workers in favor of those employed on a permanent basis, providing more guarantees.

Art. 59 of the Labor Code of the Russian Federation provides for two legitimate reasons for ensuring the "urgency" of an employment contract:

  1. The nature of the work and the circumstances of the formalization of relationships determine their strictly limited period.
  2. The term of the contract is limited by agreement between the employee and the employer, unless this is in conflict with the law.

Fixed-term contracts based on the nature of work

The procedure for their conclusion is justified in Part 1 of Art. 59 of the Labor Code of the Russian Federation.

The circumstances that are essential for concluding a fixed-term employment contract instead of an open-ended one may be the following:

  • a full-time employee cannot temporarily perform his duties, while it is impossible to dismiss him legally;
  • the planned work will not last longer than 60 days;
  • seasonal employment;
  • the need for actions that are not typical for the enterprise itself (for example, repair, dismantling, etc.);
  • a short-term (up to a year) duration of work is provided for (for example, increasing production volumes, expanding the range of products, etc.);
  • the enterprise itself was created for a short period of time to perform a specific task or type of work;
  • arrangement for an internship. Advanced training, additional professional training, etc.;
  • work due to election for a certain period;
  • public Works.

Attention! Federal legislation has not closed this list, providing for other possible cases in it, which may become the basis for urgency in an employment contract, if any are adopted in other versions of the law.

Fixed-term employment contracts as agreed

The employee and the employer may decide jointly on the limited duration of the contractual relationship, but only in special cases specified in the law:

  • the employer belongs to a small business;
  • the hired employee is an old-age pensioner;
  • a medical certificate issued to an employee allows him to be employed only temporarily;
  • we are talking about concluding a contract for work in the Far North or in similar climatic conditions;
  • for the winner of the competition for the position;
  • recruitment of personnel to eliminate the consequences of emergencies;
  • the contract is concluded with the management, deputies of the authorities or with the chief accountant;
  • a creative employee is hired (one of the legislative list of such positions);
  • an agreement with a seafarer working on a floating craft registered in the Russian International Register;
  • additional terms that may become relevant under federal law.

For your information! It is legally prohibited to conclude repeated fixed-term contracts with the same employee to perform the same function - this is a violation of his rights (paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" ).

Fixed-term employment contract sample 2018 free download

What should an employee contract contain?

The most important requirement for fixed-term employment contracts is an indication and justification of the reason why this particular, and not an open-ended type of contract is concluded. The stated reason must be included in the above list from the Labor Code.

Mandatory terms of a fixed-term employment contract

The execution of any contractual relationship, including labor for a limited period, must contain the conditions that are mandatory for such documents (part 2 of article 57 of the Labor Code of the Russian Federation):

  • date of compilation and number of the document;
  • name of the place of work (official details);
  • personal data of the worker;
  • designation of the labor function (according to the staffing table);
  • date from which the employee starts work;
  • labor remuneration;
  • modes of work and rest, including holidays;
  • the procedure and amount of compensation payments;
  • nature of work;
  • insurance, pension conditions;
  • information about the probationary period, if applicable (it is not appointed if the employee is hired for less than 2 months, and if the contract period does not exceed six months, then the probation cannot last longer than two weeks.).

Unlike ordinary employment contracts, an urgent one must indicate the final of the employment relationship - either the date or the circumstance leading to the dismissal of the temporary employee.

If, when drawing up a fixed-term contract, all the mandatory conditions are not included in it, this qualifies as an offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, for which a fine is provided.

Additional terms of the employment contract

They can be included in the employment contract at the initiative of the employer (part 4 of article 57 of the Labor Code of the Russian Federation). The main thing is that they do not worsen the position of the employee in comparison with the requirements of the Labor Code of the Russian Federation, for example, it is impossible to impose fines for being late. Additional conditions, as a rule, clarify the rights and obligations of the employee, the circumstances of his dismissal.

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Important! If the work involves the preservation of legally protected secrets, this should also be specified in additional conditions.

The procedure for concluding a fixed-term contract

The contract is drawn up in free form. You need 2 copies of this document - for each of the parties. On the "employer's" contract, the employee needs to sign that he was given 2 copies of the contract: insurance in case the employee loses his copy, as well as from the interest of the labor inspectorate. The signatures of the parties must be with the indication of passport data.

Can a fixed term contract be extended?

The law answers this question positively, consider the nuances of prolonging a fixed-term contract:

  1. A mandatory extension is possible in the only case: if the employee who signed the fixed-term contract is pregnant. Part 2 Art. 261 of the Labor Code of the Russian Federation instructs the employer to extend the term of the contract until delivery on the basis of the employee's application and medical confirmation of her pregnancy.
  2. The contract was not terminated. If the employer, after the expiration of the contract, did not dismiss the employee, having warned him 3 days in advance, the status of the contract changes to unlimited. This happens automatically, just legally the worker is considered to be employed on a permanent basis. However, personnel officers are still recommended to re-register documents: draw up an additional agreement or a regular employment contract instead of an urgent one.

Attention! Even if the documents are not reissued, an employee who continues to work, although his fixed-term contract has expired, is subject to all the rights of a permanent employee.

The procedure for terminating a fixed-term employment contract

The nuances of the dismissal procedure depend on the period for which this employment contract was concluded.

The following options are possible:

  1. A specific date for the completion of cooperation is given. Three days before its occurrence, the employee must receive a written notice of termination of the fixed-term employment contract and sign the familiarization.
  2. A circumstance has occurred that terminates the contract. In this case, prior warning is not required, the employee is fired on the day when this circumstance occurred (a permanent employee, in whose place he temporarily worked, goes to work).
  3. The requested work has been completed. If a fixed-term employment contract was signed for the performance of specific work, its performance is equated to a circumstance terminating the duration of the contract. It is confirmed by the act of acceptance of the work performed, signed by both parties.
  4. Early termination can be initiated by both the employer and the employee. In this case, the normal rules applicable to perpetual contracts apply. The only difference is that when an employee is dismissed at his own request, the contract with which was concluded for a period of up to 2 months, the notice of dismissal should follow not 2 weeks, as usual, but 3 days in advance.

Attention! If an employee is pregnant, has young children, or it is an employment contract with minors, it can only be terminated with the permission of the labor inspectorate.

In some situations, an employer cannot or does not have the right to hire an applicant on an open-ended contract for a certain position. In this case, a fixed-term employment contract may be concluded with the employee on the basis of Article 59 of the Labor Code of the Russian Federation. Also, under similar conditions, it is possible to conclude a contract with a trade union or authorized representatives of employees. This is called a collective agreement.

What is a fixed term contract

An employment contract for a fixed period is a legal act that regulates temporary relations between an employee and an employer in accordance with the Labor Code of the Russian Federation. The main feature of such a document is the clearly defined terms of labor relations, which can be up to 5 years. The minimum time frame for such a contract is not provided by law. At the same time, the future employee retains the right to annual leave, wages, and sick leave. An employer may assign a probationary period to an applicant.

In what cases is

A temporary employment contract is concluded on the basis of Art. 59 of the Labor Code of the Russian Federation, when signing a permanent contract is impossible. This situation may arise due to the following factors:

  1. Performing temporary work.
  2. The state is being filled by competition.
  3. The consequences of accidents and local natural disasters are being eliminated.
  4. The nature of the work differs from the profile of the enterprise.

Grounds for concluding a fixed-term employment contract

A short-term contract is a contract whose legal basis is entirely built around the temporary nature of the work for which the applicant is hired. Also, on legal grounds, such a contract can be concluded with special categories of citizens:

  • performing alternative service;
  • full-time faculty students;
  • aimed at forced public works;
  • people who have the status of a pensioner;
  • disabled people of 2, 3 groups.

Advantages and disadvantages

The temporary nature of the employment relationship, which is implied by a short-term contract, has both pluses and minuses for the employee. The disadvantages of this type of contract include:

  • short time to master the position;
  • termination of the employment relationship after the agreed period.

However, a fixed-term contract also has undeniable advantages that allow us to consider it as an adequate alternative to regular work. Among them are the full preservation of all social guarantees from the employer:

  • official salary;
  • holiday pay, sick leave;
  • dismissal compensation.

Form of a fixed-term employment contract

A sample fixed-term employment contract for temporary work assumes the presence of 2 clauses “from” and “to”, filled in with specific dates. In the last paragraph of the form, you must indicate the exact date of dismissal or a specific event associated with it. The urgency of the contract must be indicated in the “nature of work” cell. The final version of the agreement must contain the following clauses, defined by GOST 6.30, which govern the procedure for signing fixed-term employment contracts:

  • the name of the employer;
  • type/date/number of document, place of signing;
  • headings, text itself;
  • applications;
  • signatures;
  • approval certificates;
  • seal;
  • mark of receipt by the employee of the second copy.

Terms of a fixed-term employment contract

Hiring an employee for a fixed period is associated with some difficulties and conditions. When making an entry in the work book about the conclusion of the contract, a note on its terms is not made. In the STD, it is imperative to indicate the mode of the working day, rest time, the procedure for granting leave, if they differ from the standard ones due to the nature of the work. Terms of remuneration, the availability of compensation for work in hazardous production, the condition for compulsory social insurance of the employee in accordance with the federal Labor Code of the Russian Federation.

Additional agreement

The STD may provide for additional conditions that do not infringe on any rights of the employee. These conditions cannot be contrary to the legislation governing the recruitment of employees, other regulations that reflect the rights and obligations of the parties when entering into an employment relationship. The following terms can be included in an additional agreement:

  • probation;
  • additional employee insurance;
  • improvement of the social and living conditions of the worker;
  • pension non-state provision;
  • non-disclosure of legally protected secrets;
  • vacation duration.

With whom is a fixed-term employment contract

There are several significant reasons prescribed in the Labor Code of the Russian Federation for issuing a fixed-term contract. Groups of persons are also indicated, the conclusion of a fixed-term contract with which is legal. The following groups of citizens may enter into an employment relationship with an employer by mutual agreement:

  • applicant in the north of the country;
  • liquidator;
  • an employee hired to fill a position (including women on maternity leave, permanent employees);
  • theater employee, media;
  • manager, assistant, accountant.

Who can not conclude a fixed-term employment contract

As in the case of an open-ended contract, a fixed-term contract with an employee has a number of restrictions related to the list of persons with whom it is illegal to conclude a STD. These may be people on probation who are under house arrest. Various diseases can also cause refusal when signing a contract. Thus, it is illegal to hire disabled people of the 3rd group, people with officially confirmed mental disorders or dangerous contagious diseases.

How long is a fixed-term contract?

According to Art. 58, art. 59 of the Labor Code of the Russian Federation, the employer is obliged to indicate in the agreement with the employee the specific terms of the employment relationship. The actual date of completion of this agreement is set based on the needs of the employer and can be increased by mutual agreement of the parties. The nature of the work that determines the duration of the contract is spelled out in Art. 58 of the Labor Code of the Russian Federation.

Minimum term

The law of the Russian Federation does not establish a minimum period of validity of labor relations between an employee and an employer arising as a result of the conclusion of a STD. In each individual case, the minimum duration of the contract is determined only by the employer, based on his needs. The applicant can only agree to sign the agreement or refuse if he is not satisfied with the duration of the work.

Maximum term

As in the case of the minimum period, the maximum is determined by the needs of the employer, but, unlike the first case, it already has restrictions established by law. STD cannot be concluded with anyone for a period of more than 5 years. This does not mean that at the end of this period of time, the employment relationship must end completely. STD can be extended by mutual agreement of the parties. After the agreement, the contract must be renewed.

When does a fixed-term contract become indefinite?

A STD can be turned into an indefinite one on the basis of a court decision, which established the fact of multiple extensions of a fixed-term agreement by the employer in order to deceive employees and infringe on their rights. STD can be transferred to an open-ended format by agreement of the parties (at the end of the employment relationship). This happens when the position for which the applicant was hired as a deputy is vacated. In litigation, an employee who continues to work after the expiration of the STD period receives the right to employment indefinitely.

Termination of a fixed-term employment contract

A STD can be terminated ahead of schedule in the same manner as a standard contract (Article 77 of the Labor Code of the Russian Federation, Article 79). An employee can be reduced by notifying him 2 months in advance and paying appropriate compensation. An employee with whom a fixed-term contract has been concluded has the right to terminate it at his own request by submitting an application in the required form 2 weeks before the specified date. On the part of the employer, the dismissal of an employee is also not a problem after the expiration of the contract. 3 days before the end of the STD, a dismissal order is issued in the name of the employee. It cannot be disputed.

By agreement of the parties

Any contract can be freely terminated by agreement of the parties on the basis of Art. 78 of the Labor Code of the Russian Federation. Termination of STD by mutual agreement can be carried out at any time, regardless of the date of termination of legal relations. If the employee wants to leave by agreement, then it will be necessary to indicate this separately in the application for dismissal. The employer can also initiate this type of termination, but without the written consent of the employee, he will not be able to carry it out.

At the initiative of the worker

Art. 80 of the labor legislation regulates the procedure for terminating labor relations at the request of the employee. By law, the employee is required to send a notice to the employer about the decision to quit of his own free will in 2 weeks. On the day of dismissal, the employee is provided with a full payment (Article 127 of the Labor Code of the Russian Federation). Exceptions are cases:

  1. Probation. During this period, the employee must write a corresponding application for 3 calendar days (Article 71 of the Labor Code of the Russian Federation).
  2. Performance of seasonal work, STD up to 2 months. These categories are exempted from mandatory work for a period of 2 weeks and can quit by warning the employer 3 days in advance (Article 292, Article 296 of the Labor Code of the Russian Federation).

At the initiative of the employer

Termination of a short-term contract at the initiative of the employer is regulated by Art. 81 of the Labor Code of the Russian Federation. It is possible to dismiss both a temporary employee and a permanent one in several cases that serve as the basis for termination of employment:

  1. Liquidation of the enterprise, bankruptcy, termination of the activity of the employer - IP.
  2. Reduction of staff.
  3. Inconsistency of the employee with the position held due to the circumstances provided for by labor law, Art. 81.

With a pregnant woman

Like any employee, a pregnant woman has the right to quit at her own request or by agreement of the parties. The employer has the right to terminate the contract with her before the end of pregnancy without labor disputes on the basis of the articles of the Labor Code of the Russian Federation:

  1. The exit of an absent employee. This is a legal basis for the dismissal of pregnant women, issued according to STD (Article 261 of the Labor Code of the Russian Federation).
  2. Inconsistency of the employee with the position held due to the circumstances provided for in Art. 81 and not related to the fact of pregnancy.

Video

Fixed-term employment contract: instructions for use

Employers often have situations where they have to hire employees to perform a specific task. Usually in these cases, the director wants to hire people "for a while", that is, to conclude a fixed-term employment contract with them. But is it always possible to conclude fixed-term employment contracts? How to do it right? What wording should be in the contract and in the order for employment? The answers to these and other questions on fixed-term employment contracts are in our today's article.

What is the limitation of the use of a fixed-term employment contract

It is impossible to conclude a “temporary” (or, in legal language, urgent) employment contract with an employee, guided only by the desire of the employer. The list of cases in which the legislator allows you to draw up a fixed-term employment contract is given in the article of the Labor Code of the Russian Federation. This list is exhaustive. At the same time, the article of the Labor Code of the Russian Federation states that if a fixed-term employment contract is concluded, then its text must indicate the circumstances (reasons) that served as the basis for the application of just such an agreement.

Thus, it is possible to formalize a temporary labor relationship with an employee only in cases where this is expressly permitted by the norms of the article of the Labor Code of the Russian Federation. In fairness, we note that the list of situations that are given in this article is quite long. Moreover, some positions of the list are open, which allows to further expand the scope of a fixed-term employment contract.

The list itself is divided into two parts. The first includes cases when a fixed-term employment contract can be concluded at the initiative of the employer. And the second part of the list lists situations when the agreement of the parties is required for the application of a fixed-term employment contract. Concluding the description of the general rules that govern the conclusion of fixed-term employment contracts, let us once again draw your attention to an extremely important norm. Even if the employee does not object to the temporary nature of the employment relationship, it is possible to include a condition on the term of its validity in the employment contract only if this is expressly permitted by the norms of the article of the Labor Code of the Russian Federation.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which it is possible to conclude an employment contract for a certain period is hiring a temporarily absent employee to perform the duties. In this case, the place of work is retained by the "main" employee. But until he does his job, another person can be temporarily taken in his place (part 1 of article TK RF, letter of Rostrud dated 03.11.10 No. 3266-6-1).

The Labor Code does not specify the reasons why the "main" employee may be absent from the workplace. Therefore, the reasons can be absolutely any. For example, temporary disability, leave (not only to care for a child, but also annual paid leave, or leave without pay), temporary transfer on a medical report to another job, performance by an employee of state or public duties, passing a medical examination or advanced training with a separation from work.

We note one more important point: it is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will alternately replace several absent “main” employees (for example, during their holidays). This is due to the fact that the article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the performance of the duties of an absent employee, that is, we are talking about a specific employee and the performance of his labor functions. Therefore, if it is necessary to arrange “insurance” for the period of vacation of the “main” employees, then each time you will have to draw up a new contract (i.e., terminate the fixed-term employment contract when the “main” employee leaves and conclude a new one during the absence of another employee).

As noted above, on the basis of the article of the Labor Code of the Russian Federation in a fixed-term employment contract, it is necessary to directly indicate that the contract is concluded for a while, and give the appropriate reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring an absent employee for the duration of the duties), it can be recommended to add the following wording to the contract:

What to write in the contract and in the form No. T-1

The list of seasonal work, as well as their maximum duration, are established by industry agreements (Part 2 of Art. Labor Code of the Russian Federation). Also, for these purposes, you can be guided by the List of Seasonal Works (approved by the Decree of the NCT of the USSR of 10/11/1932 No. 185) and other documents (for example, Decrees of the Government of the Russian Federation of 04/06/99 No. 382 and 04.07.02 No. 04.07.91 No. 381).

As you can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the relevant type of work should be included in an industry agreement or regulation. At the same time, the term of such an agreement cannot exceed the term of the season established by the same document.

At the same time, a probationary period for those who are hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the probationary period can be up to two weeks (Art. Labor Code of the Russian Federation).

What to write in the contract and in the form No. T-1

It should be noted in the employment contract that it is concluded for the season. Since the duration of the season depends on the natural and climatic conditions, it is not necessary to indicate a specific date for the end of the employment contract (part 4 of article of the Labor Code of the Russian Federation). Accordingly, the wording of the employment contract may be as follows:

The same wording must be transferred to the order for employment (form No. T-1). At the same time, in the “by” column of this order, the expiration date of the employment contract can be indicated not only by the specific end date of the season, but also by the onset of the event (for example, write “end of the season”).

Work outside the normal activities of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work that goes beyond the normal activities of the organization.

Features of concluding a fixed-term contract

If the employer enters into the work book data on the period for which the employment contract is issued, then this will be a violation of the procedure for maintaining work books, and may entail administrative liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The company can hire employees either for a permanent term or for a strictly limited one. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of a particular hiring and the specifics of the work of the organization, a fixed-term employment contract is concluded either taking into account the work assigned (part 1 of article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the head and employee (part 2 of article 59 of the Labor Code of the Russian Federation).

When you don't need employee consent

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

So, for example, it would be unlawful to hire an employee who, for health reasons, is allowed only temporary work, or a general director, if the company’s constituent documents provide that the employment contract with him is concluded for a certain period (part 1 of article 275 of the Labor Code) RF).

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

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

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

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

Today it is:

  • replacement of a temporarily absent employee (as a rule, we are talking about a decree);
  • performance of temporary works (no more than two months);
  • seasonal workers;
  • employees sent to work abroad;
  • employees hired for non-standard work for the organization (installation, reconstruction) or in case of temporary expansion of production;
  • the entire staff of employees hired by the company, created for a limited period or to perform specific temporary work (project work), incl. if the time of completion of work cannot be determined in advance;
  • interns and trainees;
  • replacement of an elective office;
  • employees sent by the employment service for temporary (public) work;
  • alternative civil servants.

Agreement of the parties for a fixed-term employment contract

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

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

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

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

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

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

Registration of a fixed-term employment contract

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

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

In the work book, unlike the order and the contract, it is impossible to indicate that the employee is temporarily hired by the company - neither the Labor Code, nor the Instruction for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be held administratively liable (

In Russia, when a citizen finds a job in an organization or an individual entrepreneur, the legislation provides for the mandatory conclusion of an employment contract. Such an agreement can be concluded without specifying the period of its validity - this is an agreement for an indefinite period. And also Russian legislation provides for the conclusion of fixed-term employment contracts. Such contracts are not always allowed to be concluded. Therefore, employers should figure out by whom, when and for how long a fixed-term employment contract can be signed, whether it can be changed, terminated or made indefinite. And also to study all the pros and cons of a fixed-term employment contract.

Fixed-term employment contract: concept, features

To begin with, let's define how a fixed-term labor contract differs from a contract concluded for an indefinite period, and what they have in common.

Art. 58 of the Labor Code of the Russian Federation establishes that if the term of its validity is not indicated in the employment contract, then it cannot be classified as fixed-term employment contracts. Russia has not established (as, for example, in Japan) the procedure for concluding a life-long employment contract. However, our labor legislation is focused on protecting the labor rights of employees.

That is why the employer cannot conclude a fixed-term employment contract with an employee solely at his own request. Labor Code in Art. 59 of the Labor Code of the Russian Federation determines in which cases it is necessary to conclude a fixed-term employment contract, and when this is permissible by agreement of the parties.

The differences between a fixed-term employment contract and a regular one are due to the reasons for their conclusion and the duration

It should be noted that a fixed-term employment contract, in terms of its main characteristics, aimed at protecting the labor rights of employees, does not differ from a contract concluded for an indefinite period.

The most important quality of a fixed-term employment contract is that this contract has all the basic qualities of an employment contract. Such an agreement must contain all the main characteristics specified for an employment contract, Art. 56 of the Labor Code of the Russian Federation. A fixed-term employment contract fixes the mode of work and rest, the employee's work function, working conditions, payment terms, social insurance, etc.

For a fixed-term employment contract, all the essential conditions prescribed in the usual TD apply

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

Russian legislation provides for two options when it is possible to conclude a fixed-term employment contract:

  1. A fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions for its performance. These cases are provided for by part one of Article 59 of the Labor Code of the Russian Federation.
  2. A fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its implementation. This is permissible in cases where the temporary nature of the employment contract cannot significantly violate the labor rights of the employee. Such cases are provided for by part two of Article 59 of the Labor Code of the Russian Federation.

The grounds for concluding a fixed-term employment contract are set out in Art. 59 Labor Code of the Russian Federation

Disadvantages and advantages of a fixed-term employment contract

The conclusion of a fixed-term employment contract can have pros and cons for both the employee and the employer.

Employee Disadvantages:

  • cooperation with the employer will inevitably end at some point;
  • simplified dismissal procedure (after the end of the contract period or after the work is completed);
  • reduced dismissal period: notification 3 days before the end of work or a day before the main employee leaves (Article 79 of the Labor Code of the Russian Federation);
  • if the text of the contract was drawn up incorrectly, the employee has a chance to transfer urgent cooperation to indefinite cooperation in court.

Cons for the employer:

  • the pregnancy of an employee on a temporary contract makes it impossible to dismiss her before childbirth (except in the event of liquidation of the company);
  • if the employer did not warn the employee in time about the expiration of the contract, this contract automatically takes on an unlimited character;
  • if the contract is not executed correctly, the dismissal of an employee is illegal, therefore, by a court decision, he is reinstated in his position, which causes great inconvenience, especially if a temporary employee was hired during the absence of the main one.

In addition to direct disadvantages, for the employer, the possibility of hidden problems can be noted.

It is extremely important to correctly draw up a fixed-term employment contract. Missed nuances can lead to the fact that the contract will be considered indefinite:

  • it is unacceptable to draw up several fixed-term contracts with one employee in a row if the labor function specified in the contract does not change;
  • the text of the contract must indicate the reason for its preparation (Article 57 of the Labor Code of the Russian Federation);
  • The end date of the contract must be specified.

The benefits for the employee can be considered that he has entered into a formal employment contract, albeit for a limited period. Under a fixed-term contract, the employee will enjoy the same labor and social rights as under an indefinite one.

The advantage of a fixed-term contract for the employer can be considered that when carrying out temporary work, the company does not need to expand the staff. Upon dismissal of a permanent employee, you will have to pay compensation associated with a reduction in staff, and the employment of an employee in a temporary position will avoid unnecessary costs.

Video: if you signed a fixed-term contract, what awaits you

For how long can a fixed-term employment contract be concluded

A fixed-term employment contract is concluded for no more than five years (Article 58 of the Labor Code of the Russian Federation).

The urgent TD should describe the reason for this type of recruitment.

The Labor Code of the Russian Federation does not provide for the extension of a fixed-term contract. There is only one exception here: if a woman whose employment contract has ended writes a statement and indicates that she is pregnant. In this situation, the contract is extended until the full expiration of the maternity leave.

The procedure and rules for registration under a fixed-term employment contract

The procedure and rules for registering an employee for work under a fixed-term employment contract practically do not differ from registration under an open-ended contract.

The initial document for hiring for a temporary job is usually an employee's application addressed to the head of the company or individual entrepreneur. After the employer puts a work visa on the application, the employer's personnel department prepares a draft fixed-term employment contract.

The applicant for the conclusion of an employment contract must prepare a package of documents for the conclusion of the contract.

Necessary documents for concluding a fixed-term employment contract

The following documents are required from the employee:

  • passport of a citizen of the Russian Federation or a document replacing it;
  • insurance certificate of state pension insurance (SNILS);
  • a document on special education, if it is supposed to conclude an agreement for the performance of work requiring a certain qualification;
  • document of military registration (for military persons liable for military service);
  • a medical book, if it is necessary for the nature of the work (trade, education, public catering, etc.);
  • for a minor employee under the age of 16 - the written consent of the parent (guardian).

According to the Labor Code, an employer does not have the right to request a TIN from an employee, as well as registration at the place of residence, but they are often needed to process personnel documents and therefore are requested.

The employee's TIN is required to submit personal income tax returns

How to draw up a fixed-term employment contract: structure and content, basic conditions, sample

When applying for a job under a fixed-term contract in the contract, in accordance with Art. 70 of the Labor Code of the Russian Federation, a test period for employment may be established. The test is established by agreement of the parties in order to verify the compliance of the employee with the assigned work. The absence of a test clause in the employment contract means that the employee is hired without a test.

If the employee is actually allowed to work without drawing up an employment contract (part 2 of article 67 of the Labor Code of the Russian Federation), the test condition can only be included in the employment contract by issuing it as a separate agreement before starting work. Wherein:

  1. A test for employment is not established if a fixed-term employment contract is concluded for a period of up to two months (Article 289 of the Labor Code of the Russian Federation).
  2. When concluding a fixed-term employment contract for a period of two to six months, the probationary period may not exceed two weeks.
  3. If a fixed-term contract is drawn up for a period of more than six months, the trial period is set as standard - up to three months.

An example of a form for a fixed-term employment contract is possible. Attention should be paid to filling out clause 2.1.3 of the contract indicating the start and end of work. A sample of filling out a fixed-term employment contract is possible.

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

After signing a fixed-term employment contract, the employer's personnel department must perform at least two mandatory operations:

  • issue an order for employment under a fixed-term employment contract;
  • make an entry in the work book of the hired employee, reflecting the start of work with the employer.

Order on employment and filling out a work book

This has no fundamental differences with the order for admission to a permanent job. The main difference between such an order is that it must contain the date or conditions for the completion of this contract. Order example.

When drawing up a fixed-term employment contract, the work book is filled out according to the general rules.

However, making an entry in the work book about the deadline for completing the contract is a violation of the provisions of the Instructions for filling out work books. If the inspection authorities discover the fact of a record of the deadline for the completion of the employment contract, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation . In addition, the employer will be issued an order to eliminate the violation, failure to comply with which may result in liability in accordance with Art. 19.5 of the Code of Administrative Offenses of the Russian Federation.

Features and procedure for payment under a fixed-term employment contract

An employee with whom a fixed-term employment contract has been concluded enjoys all the rights to pay for the work performed on an equal basis with permanent employees.

All social payments to a temporary worker are also required. But there are some nuances here. So, in order to receive payments for sick leave and vacations, the average salary is calculated not for the last 12 months, but from the calculation of the average salary for the period from the moment of employment to the month preceding the sick leave or vacation.

There are also specifics for temporary workers upon dismissal. In the event of the dismissal of a permanent employee due to staff reduction, he is entitled to compensation, which is not provided for temporary workers.

Upon dismissal, a temporary worker, in addition to payment for work performed, is only entitled to compensation for unused days of the next vacation.

The procedure for terminating a fixed-term employment contract, including at the expiration of the term

The procedure for terminating a fixed-term employment contract is regulated by Art. 79 of the Labor Code of the Russian Federation. The employer warns the employee about the end of a fixed-term employment contract at least three calendar days before the date indicated in the contract as the date of its expiration.

If none of the parties demanded the termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the urgent nature of the employment contract becomes invalid, and the employment contract is considered concluded for an indefinite period.

But there are certain features in the dismissal of an employee under a temporary employment contract:

  • an employment contract concluded for the duration of a certain work is terminated upon completion of this work;
  • an employment contract concluded for the duration of the performance of the duties of an absent employee is terminated when this employee returns to work;
  • an employment contract concluded for the performance of seasonal work is terminated at the end of the period (season) specified in the contract.

Special nuances relate to the conclusion of an employment contract for a certain period in the absence of sufficient grounds for this established by law. In this case, the contract is considered concluded for an indefinite period by a court decision.

If a pregnant woman works under a fixed-term contract, she remains employed at this place until the end of the maternity leave. You cannot be fired before this time. However, there are exceptions here too. If a woman is employed during the absence of an employee, and he returns to his previous position, then the pregnant woman is offered another position. If the employer does not have a vacant position suitable for her qualifications and health characteristics, then the contract is terminated. A pregnant employee working under a fixed-term contract can also be dismissed before the end of the maternity leave if the employer's activities are completely terminated (the employer is a legal entity or an individual entrepreneur is deregistered as a business entity).

If the term of the contract has expired, the employee is not entitled to insist on further work at this place. The management, in turn, cannot keep the employee, prevent his dismissal. If the agreements expired, the employee notified the employer that he was stopping work, worked the last day and did not come back, this cannot be considered absenteeism. A temporary worker, upon dismissal of his own free will, is not required to work the prescribed number of days.

The dismissal of an employee at the expiration of the employment contract is usually quick and painless

How to convert a fixed-term contract into an open-ended one

In some cases, a fixed-term employment contract may be converted into an indefinite one. This happens if:

  • an agreement has been reached between the employer and the employee on the transfer of the employee to a permanent job;
  • the employee applies to the court with a claim to recognize the contract as open-ended, and based on the materials submitted, the court makes a positive decision.

If the parties to the contract have agreed that the employee hired under a fixed-term contract will become a permanent employee, it is necessary to conclude an appropriate agreement.

A sample additional agreement between an employer and an employee with a joint decision to transfer a fixed-term employment contract to the status of an open-ended one is possible. After signing it, a temporary worker automatically becomes a permanent one.

After the conclusion of an additional agreement on the transfer of a fixed-term contract to an open-ended contract, the employer must issue an order approving this agreement. An example can be downloaded.

The procedure for retraining a fixed-term employment contract into an open-ended one in a judicial proceeding

In practice, a situation may arise when one of the parties to a fixed-term employment contract, usually the employer, believes that the contract has ended, and the other party believes that this fixed-term contract can be considered open-ended and the employee can be considered a permanent employee.

When the parties fail to reach an agreement, the person concerned, usually an employee, goes to court. When applying to the court, an employee can substantiate his claim by one of the following circumstances:

  • a fixed-term employment contract was concluded without legal grounds, provided for in Art. 59 of the Labor Code of the Russian Federation;
  • the expiration date of the contract (or the amount of work to be performed) is not indicated, i.e. the contract does not contain a reference to the event in connection with which it is terminated, or the date of termination of the employment relationship is not indicated;
  • a fixed-term employment contract is concluded for a period of more than five years;
  • the employer did not warn the employee about the end of the contract 3 days before its expiration;
  • a fixed-term contract is repeatedly concluded for a short period to perform the same labor function.

And another reason to challenge the contract in court are banal violations of the norms of Art. 59 of the Labor Code of the Russian Federation. In accordance with it, a fixed-term contract must necessarily contain the validity of the execution of a fixed-term contract.

A fixed-term employment contract is an important element of Russian labor law. Such an agreement is often convenient for both the employer and the employee. Therefore, all employers need to understand when it is permissible to conclude a fixed-term employment contract, how to draw it up, how to change it, in which cases it is possible to convert such an agreement into an open-ended one.