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Fixed-term employment contract: what are its features. Employment contract (relationships) with temporary workers

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

What is a fixed-term employment contract?

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

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

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

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

Index	Perpetual TD	Urgent TD
Validity	Has no expiration date	Maximum five years. The deadline can be indicated by a date or event (the departure of a permanent employee, the end of temporary work). In addition, it is added to the order
Reason for imprisonment	Not specified	Must be specified in the order
Worker task	The employer constantly assigns new tasks	The task is one-time and specific
Employee social guarantees	Provided for by the Labor Code (sick leave, vacation, etc.)	Similar to BTD, if at the time of the warranty period the STD has not yet expired
State attitude	It is perceived as a guarantee of stable income for the population and economic prosperity	A possible source of risk in the form of abuse by the employer. Maximum

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

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

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

Let's list the main cases:

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

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

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

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

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

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

How to apply for a job according to STD

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

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

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

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

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

Stage No.	Document	Filling feature	Important to remember
	Application for a job	Compiled by hand on paper. Its type is at the discretion of the organization	It is not a mandatory document. If available, stored in the employee’s personal card
	Employment contract	An indispensable condition is that the contract must indicate the expiration date of its validity. It must also provide the basis for its conclusion.	If the term is not specified, in the eyes of the law the contract will automatically become unlimited. Even if the deadline is indicated in the employment order
	The order of acceptance to work	Fill out a printed form T-1 (for one person) or T-1a (for several). In the “date” cell, enter 2 dates – “from” and “to”	It is necessary to designate the event as the end of the contract if its calendar date is unknown. For example, “on completion of the apple picking in the orchards”
	Employment history	The employment record is no different from the BTC record - “temporariness” is not reflected in any way	“Urgency” will be reflected later, upon dismissal, through an entry mentioning the expired contract term
	Employee personal card	The card has a unified T-2 form	After reading the entry in work book and personal card, the employee signs on the 2nd and 3rd pages of the card
	Add. agreement to the employment contract	Optional stage. Drawed up if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into an open-ended one.

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

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

What probationary period can be set for STD?

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

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

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

for the duration of a specific job in a person acting on the basis, hereinafter referred to as " Society", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Worker", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

An employee is hired for temporary work by the Company as a...
Wage The employee's salary is rubles per month.
During the period of work in the Company, the employee reports directly.
This employment contract is concluded for the duration of the work. The work must be completed no later than . Upon expiration of the specified period, this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the agreement.
The employee is required to start working in 2019.
The employee is required to do the following job responsibilities specified in the job description.
Place of work of the Employee: .
After completing the work specified in clause 4 of the contract, this employment contract may be extended by agreement of the parties, or a new employment contract for temporary or permanent employment may be concluded between them.
The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if the employment relationship actually continues and neither party has demanded its termination in the following cases:
- if upon expiration of the contract the work specified in clause 4 is not completed;
- if, after completing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
Work in the Company is the main place of work of the Employee.
The work schedule, rights and obligations of the parties, grounds for termination of the employment contract and other conditions are determined in the Personnel Regulations, approved by the head of the Company.
Additional terms and conditions under this agreement: .
The terms of this employment contract are confidential and are not subject to disclosure.
The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
The parties are guided by the internal regulations of the Company (Personnel Regulations, internal labor regulations, etc.) only if the Employee familiarizes himself with them against signature.
Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
The Agreement is drawn up in 2 copies having equal legal force, one of which is kept by the Company and the other by the Employee.

Employment contract (relationship)

with temporary workers

Quite often, organizations hire temporary workers, for example, to take the place of an employee who is sick or on vacation, while submitting annual reports or while cleaning the area, and so on.

At the same time, HR and accounting workers may have questions about how to properly register such workers, what is the procedure for concluding and terminating an employment contract with temporary workers, as well as what guarantees are provided to temporary workers. In this article we will try to understand these issues.

A contract with temporary workers is a type of fixed-term employment contract, therefore all the rules established for this type of contract apply to it. However, there are also special rules governing the work of temporary workers, which we will consider in this article.

Features of labor regulation for workers who have entered into an employment contract for a period of up to two months are defined in Chapter 45 of the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation).

In addition, Decree of the Presidium of the USSR Armed Forces of September 24, 1974 No. 311-IX “On working conditions for temporary workers and employees” (hereinafter referred to as Decree No. 311-IX) is still in force. This document is applied to the extent that does not contradict the Labor Code of the Russian Federation.

In accordance with Article 289 of the Labor Code of the Russian Federation, employment contracts with temporary workers are concluded for a period of up to two months. When hiring for a period of up to two months, no testing is imposed on employees.

Employees who have entered into an employment contract for a period of up to two months may, within this period, be involved with their written consent to work on weekends and non-working days. holidays(Article 290 of the Labor Code of the Russian Federation). At the same time, work on weekends and non-working holidays is compensated in cash at least double the amount.

Temporary workers are provided with paid leave or are paid monetary compensation upon dismissal at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation). It should be taken into account that, according to paragraph 11 of Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the specifics of the procedure for calculating average wages,” the average daily wage for paying for vacations granted in working days, as well as for paying compensation for unused vacations is calculated by dividing the amount of actually accrued wages for the period of the employment contract by the number of working days according to the calendar of a 6-day working week corresponding to the time worked during the period of validity of the employment contract. This is indicated by the Russian Ministry of Health and Social Development in letter dated March 5, 2008 No. 535-17.

Example

The organization entered into an employment contract with a temporary employee, according to which the employee was hired from February 2 to March 31, 2015. In accordance with the terms of the agreement, the organization pays him a monetary reward in the amount of 60,000 rubles.

The number of working days in terms of a 6-day working week for this period is 48 days (in February - 23 days, in March - 25 days).

Since the employee worked 2 full calendar months, he was given 4 working days leave.

Let's determine the average salary:

60,000 rubles / 48 days = 1,250 rubles.

Let's calculate the amount of vacation pay:

1,250 rubles x 4 days = 5,000 rubles.

The procedure for concluding a fixed-term employment contract

Documentation of labor relations with a temporary worker is carried out according to general rules, installed labor legislation for hiring.

When applying for a job, a person entering into an employment contract for a period of up to two months presents to the employer all Required documents listed in Article 65 of the Labor Code of the Russian Federation.

An employment contract with a temporary employee specifies the validity period (within two months) and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract. In accordance with Article 59 of the Labor Code of the Russian Federation, an independent basis for concluding a fixed-term employment contract is the need to perform temporary (up to two months) work. In addition, the reason for concluding a fixed-term employment contract may be the need to replace a temporarily absent employee, carrying out urgent work to prevent accidents, emergencies, catastrophes and the like, eliminating the consequences of these circumstances, as well as performing work that goes beyond the normal activities of the organization, and others reasons established by Article 59 of the Labor Code of the Russian Federation.

An employment contract with a temporary employee is concluded in writing, drawn up in two copies, each of which is signed by the parties.

One copy of the employment contract is given to the employee, and the other copy with the employee’s note: “I received a copy of the employment contract” remains with the employer.

On the basis of the concluded employment contract, an order (instruction) of the employer is issued for hiring (the unified form No. T-1 was approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”) and entries are made in the employee’s work book and other personnel documents.

Procedure for terminating a fixed-term employment contract

In accordance with Article 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

According to Article 58 of the Labor Code of the Russian Federation, in the case where neither party has demanded termination of a fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period. A similar rule is contained in subparagraph “a” of paragraph 11 of Decree No. 311-IX.

A temporary worker may, on his own initiative, terminate his employment contract with his employer early. He must notify the employer about early termination of the contract in writing, three calendar days in advance (Article 292 of the Labor Code of the Russian Federation).

The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least three calendar days in advance (Article 292 of the Labor Code of the Russian Federation).

Please note that the period calculated in calendar days also includes non-working days. Consequently, if the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it (Article 14 of the Labor Code of the Russian Federation).

At the same time, temporary workers are subject to the grounds for dismissal of an employee at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation), termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation), by agreement of the parties (Article 78 of the Labor Code of the Russian Federation) and also for other reasons. the grounds provided for in Article 77 of the Labor Code of the Russian Federation.

Note!

Temporary worker severance pay upon dismissal, it is not paid, unless otherwise established by federal laws, a collective agreement or an employment contract (Article 292 of the Labor Code of the Russian Federation).

Abandonment of work without a valid reason by a person who has entered into a fixed-term employment contract before the expiration of the contract or before the expiration of the notice period for early termination of the employment contract is considered as absenteeism. This conclusion was made by the Plenum Supreme Court of the Russian Federation in subparagraph "d" of paragraph 39 of the resolution of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation."

Here is an example form of an employment contract with a temporary worker.

Example

The organization Fantasia LLC, for the period of preparation for the submission of annual reports, hired accountant I.V. Mironova for a temporary job, with whom a fixed-term employment contract was concluded for the period from March 2 to March 31, 2015.

Employment contract No. 4

Limited Liability Company "Fantasy" (LLC "Fantasy") represented by general director Antonova I.V., hereinafter referred to as the “Employer”, and citizen Mironova I.V., hereinafter referred to as the “Employee”, have entered into this agreement as follows.

1. Subject of the employment contract

1.1. An employee is hired at Fantasia LLC as an accountant.

1.2. The Employee's workplace is located in the accounting department.

1.3. The working conditions at the Employee’s workplace are safe – no harmful or dangerous working conditions have been identified (in accordance with the report on the special assessment working conditions dated February 11, 2015).

1.4. The work under this agreement is the main one for the Employee.

1.5. This agreement in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation was concluded for a certain period - for the period of preparation for the submission of annual reports.

2. Rights and obligations of the employee

2.1. The employee has the right to:

2.1.1. Amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

2.1.2. Providing work stipulated by this agreement, as well as a workplace that meets state regulatory labor protection requirements.

2.1.3. Complete reliable information about working conditions and labor protection requirements in the workplace.

2.1.4. Providing the workplace with equipment, tools, technical documentation and other means necessary for its execution labor responsibilities.

2.1.5. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

2.1.6. Rest, i.e. compliance daily duration working hours, provision of breaks for rest and meals, weekly days off, paid leave in accordance with this agreement and the labor legislation of the Russian Federation.

2.1.7. Mandatory state social insurance in the manner and under the conditions established by the current legislation of the Russian Federation for the period of validity of this agreement.

2.1.8. The employee also has other rights provided for by the labor legislation of the Russian Federation, the Internal Labor Regulations and other local regulations.

2.2. The employee is obliged:

2.2.1. Conscientiously fulfill the labor duties assigned to him by this agreement: prepare annual financial statements for submission.

2.2.2. When performing labor duties, act in accordance with the legislation of the Russian Federation, Internal Labor Regulations, other local regulations, and the terms of this employment contract.

2.2.3. Comply with the Internal Labor Regulations, other local regulations, including orders (instructions) of the Employer, instructions, rules, etc.

2.2.4. Not to disclose confidential (commercial, technical, personal) information that became known to him in the course of performing his work function.

2.2.5. Comply with labor protection and safety requirements, fire safety and industrial sanitation. If a situation arises that poses a threat to the life and health of people, or the safety of property, immediately report the incident to the Employer or immediate supervisor. If there is no threat to the life and health of the Employee, take measures to eliminate the causes and conditions that impede the normal performance of work.

2.2.6. Treat with care the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees and, if necessary, take measures to prevent damage to property.

2.2.7. Comply with the procedure established by the Employer for storing documents, material and monetary assets.

2.3. Failure to include in the employment contract any of the rights and (or) obligations of the Employee established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, cannot be considered as a refusal to exercise these rights or fulfill these obligations.

3. Rights and obligations of the Employer

3.1. The employer has the right:

3.1.1. Change and terminate the employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.

3.1.2. Require the Employee to perform his labor duties and careful attitude to the property of the Employer and other employees, compliance with internal labor regulations and other local regulations, labor discipline, safety regulations, industrial sanitation and fire protection.

3.1.3. Encourage the Employee for conscientious, effective work by paying bonuses and remuneration in the manner and on the terms established by the Regulations on Bonuses and other local regulations of the Employer.

3.1.4. Monitor the Employee’s performance of his job duties, his compliance with labor discipline, safety regulations, industrial sanitation and fire protection, internal labor regulations and other local regulations.

3.1.6. Bring the Employee to disciplinary and financial liability for failure to perform or poor quality performance by the Employee of his labor duties in the manner established by the Labor Code of the Russian Federation and other federal laws.

3.1.7. Exercise other rights provided for by the labor legislation of the Russian Federation, Internal Labor Regulations and other local regulations.

3.2. The employer is obliged:

3.2.1. Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of agreements and this employment contract.

3.2.2. Provide the Employee with work in accordance with the terms of this agreement.

3.2.3. Ensure safe working conditions in accordance with labor protection requirements.

3.2.4. Provide the Employee with appropriately equipped workplace, provide him with equipment, tools, technical documentation and other means necessary for the performance of his labor duties.

3.2.5. Keep records of working hours actually worked by the Employee.

3.2.6. Provide the Employee with timely and full payment of wages in accordance with his qualifications, complexity of work and quality of work performed.

3.2.7. Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity.

3.2.8. Carry out compulsory social insurance of the Employee in the manner established by the current legislation of the Russian Federation.

3.2.9. Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation.

3.2.10. Perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, agreements, local regulations and this employment contract.

4. Work and rest schedule

4.1. The employee is assigned a normal working time of 40 hours per week.

4.2. The employee has the following working hours:

– five-day work week with two days off (Saturday and Sunday);

– duration daily work- 8 ocloc'k;

– start of work – 09.00, end of work – 18.00;

– break for rest and food – 1 hour from 13.00 to 14.00.

4.2.1. The Employer has the right, with the written consent of the Employee, to involve him in work on weekends and non-working holidays.

4.3. The Employee is provided with paid leave or, upon written application of the Employee, is paid monetary compensation upon dismissal at the rate of two working days per month of work. In this case, the day of dismissal is considered the last day of vacation.

5. Terms of payment

5.1. For the performance of work stipulated by this agreement, the Employee is paid a salary in the amount of 10,000 (ten thousand) rubles per month.

5.2. Wages are paid every half month (on the 20th of the current month - for the first half of the month and on the 5th of the month following the worked month - the final payment for the worked month) by transfer to the Employee's current account.

5.3. If the Employee is involved in work on weekends and non-working holidays in accordance with clause 4.2.1. of this agreement, he is paid monetary compensation of no less than double the amount.

5.4. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation.

5.5. Based on the results of work, the Employee may be paid remuneration in the amount established by agreement of the parties.

6. Guarantees and compensation

6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.

7. Responsibility of the parties

7.1. The parties are responsible for non-fulfillment or improper fulfillment of their duties and obligations established by law, Internal Labor Regulations, other local regulations of the Employer and this employment contract.

7.2. For failure or improper performance by the Employee through his fault of the labor duties assigned to him, the Employee may be subject to disciplinary action, provided for in Art. 192 Labor Code of the Russian Federation.

7.3. The parties may be held liable for material and other types of legal liability in cases and in the manner provided for by the Labor Code of the Russian Federation and other federal laws.

8. Change and termination of the employment contract

8.1. Changes to the terms of the employment contract determined by the Parties are permitted only by agreement of the Parties, which is formalized by an additional agreement, which is an integral part of this agreement.

8.1.1. Changes and additions to the terms of this agreement may be made by agreement of the Parties when the legislation of the Russian Federation changes, collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation.

8.2. The Employer notifies the Employee in writing about the date of termination of this agreement at least three calendar days before the deadline specified in clause 1.5.2 of this agreement.

8.3. At the Employee’s initiative, this agreement may be terminated before the expiration of the period specified in clause 1.5.2 of this agreement. The Employee must submit a written application for early termination of the employment contract to the Employer at least three calendar days before dismissal.

8.4. The Employer warns the Employee about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least three calendar days in advance.

8.5. This agreement may be terminated on the general grounds provided for by the Labor Code of the Russian Federation.

8.6. The employee is not paid severance pay upon dismissal.

9. Final provisions

9.1. The terms of this agreement are legally binding on the parties.

9.2. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.9. In all matters not covered by this agreement, the parties are guided by the norms of the Labor Code of the Russian Federation (collective agreement, internal labor regulations, other local regulations of the Employer).

9.5. This employment contract has been drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

9.6. Addresses and details of the parties:

“I received a copy of the employment contract” Mironova I.V.

An employee is hired for temporary work by the Company as a...
The Employee's salary is rubles per month.
During the period of work in the Company, the employee reports directly.
This employment contract is concluded for the duration of the work. The work must be completed no later than . Upon expiration of the specified period, this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the agreement.
The employee is required to start working in 2019.
The employee is required to perform the following job duties as specified in the job description.
Place of work of the Employee: .
After completing the work specified in clause 4 of the contract, this employment contract may be extended by agreement of the parties, or a new employment contract for temporary or permanent employment may be concluded between them.
The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if the employment relationship actually continues and neither party has demanded its termination in the following cases:
- if upon expiration of the contract the work specified in clause 4 is not completed;
- if, after completing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
Work in the Company is the main place of work of the Employee.
The work schedule, rights and obligations of the parties, grounds for termination of the employment contract and other conditions are determined in the Personnel Regulations, approved by the head of the Company.
Additional terms and conditions under this agreement: .
The terms of this employment contract are confidential and are not subject to disclosure.
The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
The parties are guided by the internal regulations of the Company (Personnel Regulations, internal labor regulations, etc.) only if the Employee familiarizes himself with them against signature.
Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
The Agreement is drawn up in 2 copies having equal legal force, one of which is kept by the Company and the other by the Employee.

A fixed-term employment contract - a sample of it is given in our article. In addition, in it we will tell you how to correctly draw up a document using a sample fixed-term employment contract, and also provide an overview of the most common mistakes that arise when drawing it up.

Grounds for concluding a fixed-term employment contract

The grounds for concluding an urgent TD can be divided into 2 groups:

Related to the specific characteristics of future work (regulated by paragraphs 1-13 of Article 59 of the Labor Code of the Russian Federation).
Not related to specifics labor activity(regulated by paragraphs 14-25 of Article 59 of the Labor Code of the Russian Federation). In this case, drawing up an urgent TD is permissible only if there is voluntary consent of both parties to the agreement (paragraph 2, paragraph 13 of the resolution of the plenum of the RF Armed Forces “On the application by courts ...” dated March 17, 2004 No. 2).

Expression of will of persons not listed in paragraph. 14-25 art. 59 of the Labor Code of the Russian Federation, when assessing the existing grounds for concluding an urgent TD, the judicial body is not taken into account (see the ruling of the Krasnoyarsk Regional Court dated November 28, 2012 in case No. 33-10385/2012).

An urgent TD, concluded in the absence of sufficient grounds identified in court, can be qualified by a judicial authority as unlimited with all the ensuing legal consequences (including reinstatement of the dismissed person at work, payment of appropriate compensation, etc.).

Recognition by courts of fixed-term employment contracts as concluded for an indefinite period: common situations

The judicial authority recognizes an urgent TD as valid indefinitely in the following cases:

The grounds for concluding an agreement are not specified (paragraph 10, article 57 of the Labor Code of the Russian Federation). To avoid qualifying the contract as unlimited-term, the employer must prove that the grounds regulated by law actually existed, although they were not specified in the TD. For example, the ruling of the Kamchatka Regional Court dated 05/21/2015 in case No. 33-808/2015 and the ruling of the Supreme Court of the Republic of Karelia dated 09/01/2015 in case No. 33-3390/2015.
An urgent TD was concluded on the grounds regulated by paragraph. 1-13 tbsp. 59 of the Labor Code of the Russian Federation, but in fact the worker’s functionality does not go beyond the standard activities of the organization (decision of the KhMAO-Yugra court dated December 6, 2011 in case No. 33-5544/2011).
An urgent TD was signed with the head of a structural unit of a legal entity in the absence of other grounds regulated by Art. 59 Labor Code of the Russian Federation. For the head of a structural unit, the rules of paragraph. 21 Art. 59 of the Labor Code of the Russian Federation do not apply (see the ruling of the Moscow City Court dated December 18, 2013 in case No. 4g/8-12759).
An urgent TD was concluded under duress (paragraph 3, paragraph 13 of resolution No. 2). Typically, the court interprets the very fact of a person signing an agreement as its voluntary conclusion (for example, the ruling of the Supreme Court of the Republic of Tatarstan dated December 1, 2014 in case No. 33-16227/2014). In the situation under consideration, witness testimony can be cited as evidence of forced signing of the TD (see the ruling of the Voronezh Regional Court dated January 25, 2011 No. 33-340).

Concluding a fixed-term employment contract: determining the term

The longest period for which such an agreement can be concluded, according to general principle is 5 years (Article 58 of the Labor Code of the Russian Federation).

The expiration of an urgent TD is tied to a specific date or the occurrence of certain circumstances. So, if an urgent TD was concluded to perform work, exact date the end of which cannot be determined, the contract will be considered terminated upon completion of such work.

Another option is when an urgent TD is signed with an employee accepted into the staff of an organization created for a predetermined period or to achieve an established goal. In this situation, termination of an urgent TD is possible only in the event of the actual termination of the organization’s activities without the transfer of its rights and obligations through succession (clause 14 of Resolution No. 2).

Important! Identification of the fact of multiple conclusion of fixed-term agreements for a short period of time to perform similar labor functionality gives the judicial authority the right to recognize such an agreement, taking into account other circumstances in each specific case, concluded for an indefinite period.

For example, according to the ruling of the Pskov Regional Court dated June 11, 2013 in case No. 33-903/2013, the employer was unable to prove the validity of multiple conclusions of urgent labor contracts, and therefore the corresponding labor relations were recognized as established for an indefinite period.

In another situation, the court did not see the fact of repeated conclusion of urgent labor agreements with the same person as a violation of the norms of the Labor Code of the Russian Federation, since the need for just such formalization of labor relations was directly related to the specifics of the work (see the determination of the Supreme Court of the Republic of Sakha (Yakutia) dated 11/16/2015 in case No. 33-4168/2015).

Termination of a fixed-term employment contract

The basis for termination of an urgent TD is the expiration of its validity period depending on the date or event specified in it. The only exceptions will be situations when relations within the framework of the agreement de facto continue and none of the parties has expressed their intention to terminate them (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation).

The expiration of the validity period of the TD is in itself recognized as grounds for termination of relations under the relevant agreement. When resolving controversial situations, the courts indicate that the circumstances surrounding the expiration of the TD cannot depend on the will of the employer. Consequently, the guarantees regulated by the Labor Code of the Russian Federation for employees whose dismissal is initiated by the second party to the contract, in cases of termination of urgent TD on the grounds of clause 2 of Art. 77 of the Labor Code of the Russian Federation do not apply.

In this situation, the employee may be dismissed, including:

during the period of temporary incapacity for work and while on vacation (decision of the Moscow Regional Court dated February 18, 2015 in case No. 33-3722/2015);
while on parental leave (for example, the ruling of the Irkutsk Regional Court dated November 19, 2014 in case No. 33-9495/14).

At the same time, the Labor Code of the Russian Federation provides pregnant employees with the right to apply to the employer to extend labor protection until the end of pregnancy or the end of maternity leave, if it was provided to her in the proper manner. The application must be accompanied by a medical certificate confirming pregnancy. If these conditions are met, the employer cannot refuse to extend the term of the TD (paragraph 2 of Article 261 of the Labor Code of the Russian Federation).

Labor relations in case of prolongation of a fixed-term employment contract or its transformation into an indefinite one

As mentioned above, a fixed-term TD can be transformed into an open-ended one if none of the parties to the legal relationship made a demand for termination of the contract due to the expiration of its validity period and the employee did not stop performing work after the date or event with which the end of such agreement was associated. TD (paragraph 6 of article 58 of the Labor Code of the Russian Federation).

Formally, extension of an urgent TD is permitted by law in 2 cases:

at the request of a pregnant employee within the framework of paragraph. 2 tbsp. 261 of the Labor Code of the Russian Federation (the situation is discussed above);
by written agreement of the parties in relation to a specialist in the pedagogical field, included in the teaching staff, elected to the position he is filling through a competition (paragraph 8 of Article 332 of the Labor Code of the Russian Federation).

At the same time, Rostrud notes: the Labor Code of the Russian Federation assumes the permissibility of making adjustments to the TD, regardless of its type (urgent or unlimited), including in terms of changing its validity period (see letter dated October 31, 2007 No. 4413-6). Thus, a fixed-term TD can be extended by drawing up an additional agreement. Although there is no limit to the number of such extensions, the maximum period for each extension shall not exceed 5 years.

The law establishes that a dismissed employee working on a fixed-term contract must be notified by the employer of the termination of the contract at least 3 days in advance (paragraph 1 of article 79 of the Labor Code of the Russian Federation). Nevertheless, the employer’s failure to comply with the regulations is not interpreted by the courts as a basis for declaring the dismissal of an employee illegal, and urgent labor transfer transformed into permanent (see the ruling of the Irkutsk Regional Court dated January 23, 2013 in case No. 33-450/13).

So, the conclusion of an urgent TD must have sufficient legal grounds. Otherwise, such an agreement will be recognized as unlimited. The grounds for concluding an urgent TD must be stated in the text of the document. Otherwise, if controversial situations arise, the employer will have to prove their actual existence.

Violation by the employer of the procedure for notifying an employee of dismissal 3 days before the upcoming termination of an urgent employment contract in itself is not grounds for his reinstatement.

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