Need to know 

Conclude an employment contract for a specified period. Termination of a fixed-term employment contract. Entry in the workbook

E.A. answered the questions. Shapoval, lawyer, Ph.D. n.

We conclude, extend and terminate urgent labor contract

The court decisions mentioned in the article can be found: "Judicial practice" section of the ConsultantPlus system

A fixed-term employment contract may be concluded if, taking into account the nature of the work or the conditions for its performance, it is impossible to conclude an agreement for an indefinite period. Art. 58 Labor Code of the Russian Federation. And to terminate such an agreement, it is enough to wait for the expiration of its term (of course, in the absence of other grounds). But not everything is as simple as it seems. Here are answers to the most common questions regarding such contracts.

A fixed-term employment contract with a pensioner is possible

A.N. Gladysheva, Samara

We offered a pensioner entering a job to conclude a fixed-term employment contract. But it requires the execution of a contract for an indefinite period. Do we have the right to insist on a fixed-term employment contract just because he is a pensioner?

: It is possible to conclude a fixed-term employment contract for a period of up to 5 years only if the pensioner himself agrees to this articles 58, 59 of the Labor Code of the Russian Federation. True, pensioners often appeal against the legitimacy of concluding fixed-term employment contracts with them. The courts take the side of the employer if the pensioner signed an employment contract containing a condition on its term, thereby expressing agreement with such a condition. Cassation ruling of the Rostov Regional Court dated April 25, 2011 No. 33-5663; Determination of the Moscow Regional Court dated November 17, 2011 No. 33-25523. But if the pensioner proves that consent to the conclusion of the contract was given involuntarily, then the court recognizes the contract as concluded for an indefinite period. clause 13 of the Decree of the Plenum of the Supreme Court of March 17, 2004 No. 2; Clause 3 of the motivational part of the Definition of the Constitutional Court of May 15, 2007 No. 378-O-P.

It should also be borne in mind that the unwillingness of a pensioner to conclude a fixed-term employment contract is not a basis for refusing employment. In such a situation, the employer will have to conclude a contract for an indefinite period.

In small businesses, a fixed-term contract can be concluded with any employee

M.I. Mavlyanova, Taman

We have 7 people in our company. Can we conclude fixed-term employment contracts with all employees?

The employer is a small business entity is an organization or entrepreneur, the number of employees of which does not exceed 35 people, and in the field retail and consumer services- 20 people Art. 59 Labor Code of the Russian Federation.

: You can conclude a fixed-term employment contract with any employee if articles 58, 59 of the Labor Code of the Russian Federation:

  • your company is a small business entity;
  • the employee agrees to conclude a fixed-term employment contract for up to 5 years. But do not forget to indicate in the contract e Art. 57 of the Labor Code of the Russian Federation:

The term for which it is concluded;

basis for his conclusion. In your case, this is part 2 of Art. 59 of the Labor Code of the Russian Federation.

The condition of the term in the contract for the performance of specific work

NOT. Maxaim Trankova, Mozhaisk

We need to hire employees for the duration of a certain project. How can we indicate the term of the contract if the end date of this project is not yet known?

: In the employment contract, you need to indicate for which particular project the employee is hired. And as a period, indicate that the contract was concluded before the completion of the project (without specifying a specific date) Art. 59 of the Labor Code of the Russian Federation; Appeal rulings of the Moscow City Court of July 16, 2012 No. 11-14184, of May 14, 2014 No. 33-11227 / 2014.

1.5. The employment contract is valid until the completion of work on project No. 20-1, related to the fulfillment by the Employer of obligations under the contract dated 06/01/2015 No. 23/10, concluded with Design LLC.

But you must have documents confirming the existence of the project and the end of its validity. Appeal ruling of the St. Petersburg City Court dated June 10, 2014 No. 33-7964/2014. Otherwise, the employee will be able through the court to retrain the employment contract into an open-ended one.

When the project comes to an end, the date of its completion will become clear. 3 calendar days before this date, notify the employee about dismissal due to the expiration of the employment contract and Art. 79 Labor Code of the Russian Federation.

Work for up to 2 months is always temporary

I.Yu. Duyunova, Novorossiysk

We want to hire an employee to replace the main employee during a rather long vacation. Which fixed-term contract conclude with him?

: If the planned vacation of the main employee is less than 2 months, you need to conclude a fixed-term employment contract with the substitute employee for up to 2 months in Art. 289 of the Labor Code of the Russian Federation. Then a new employee you can't install probation when hiring, and for the time worked you will have to provide vacation (or pay compensation for vacation) at the rate of 2 working days for each month of work articles 289, 291 of the Labor Code of the Russian Federation.

If the vacation of the main employee lasts 2 months or more, then conclude a fixed-term employment contract with the new employee for the duration of the vacation of the main employee (for a period of 2 to 6 months) Art. 58 Labor Code of the Russian Federation. Then everything will be exactly the same for him as for the rest of the workers. That is, you can set him a trial period, but only up to 2 weeks Art. 70 of the Labor Code of the Russian Federation, and leave for hours worked (or compensation for unused vacation upon dismissal) to provide in calendar days Art. 115 Labor Code of the Russian Federation.

A migrant’s patent is not a reason to conclude a fixed-term contract with him

S.A. Belonogov, St. Petersburg

We hire a citizen of Moldova with a patent. Do we think that a contract with him can be concluded only for the duration of the patent?

: The fact that you hire a foreigner with a patent that is valid for a certain period is not a basis for concluding a fixed-term employment contract, since there is no such basis in the Labor Code of the Russian Federation articles 58, 59 of the Labor Code of the Russian Federation. As with Russians, a fixed-term contract with migrants is concluded if the nature and conditions of work do not allow concluding a contract for an indefinite period articles 58, 59 of the Labor Code of the Russian Federation. After the expiration of the patent, the migrant worker must be removed from work Art. 327.5 of the Labor Code of the Russian Federation. If the employee does not renew the patent, then after 1 month from the expiration date of the patent, you simply dismiss him p. 5, part 1, part 2, art. 327.6 of the Labor Code of the Russian Federation.

Can a fixed term contract be extended?

E.A. Tereshchenko, Ulyanovsk

Taking into account the nature of the work, we have concluded a fixed-term employment contract with the employee for a period of 1 year. Can we extend the contract with the employee by changing the term of the contract?

: There is no definite answer to this question. There is an opinion that before the expiration of the employment contract with the employee, it is possible to conclude an additional agreement to the employment contract to change the term of its validity, if the circumstances in connection with which the contract was concluded for a certain period have not disappeared. Moreover, according to the courts, the extension of the term of the contract in such a situation does not indicate the repeated conclusion of a fixed-term employment contract, which entails for the employer the recognition of the employment contract as concluded for an indefinite period. Appellate ruling of the Supreme Court of the Chuvash Republic dated December 23, 2013 No. 33-4638/2013; Determination of the St. Petersburg City Court dated October 18, 2010 No. 33-14178 / 2010.

You can formulate a condition for extending the term of an employment contract as follows.

The employee and the employer agreed that the employment contract No. 3 dated 01.01.2014 was concluded for a period until 01.01.2016.

But there are courts that believe that the extension of a fixed-term employment contract violates the rights of the employee. And they recognize the extended fixed-term employment contract concluded for an indefinite period Determination of the Moscow City Court dated February 6, 2012 No. 4g / 3-114 / 12.

Therefore, when deciding to extend the term of an employment contract, it makes sense to familiarize yourself with the judicial practice in your region in similar cases.

Not all summer jobs are seasonal

G.A. Panarina, Shadrinsk

For the summer (June to August) we hired a vendor to sell vegetables and fruits on the street. Do we understand correctly that this is a seasonal job?

: Not. Seasonal work should be due to the peculiarities of climatic and other natural conditions(for example, rafting and logging; heating season in housing and communal services). Types of seasonal work are determined in special lists contained in Art. 293 of the Labor Code of the Russian Federation:

  • in sectoral (intersectoral) federal social partnership agreements х see, for example, clause 2.A of the Industry Agreement on the organizations of the timber industry complex of the Russian Federation for 2015-2017. ; clause 3.7 of the sectoral tariff agreement in the housing and communal services of the Russian Federation for 2014-2016.;
  • in normative legal acts, including acts former USSR operating in the part that does not contradict the Labor Code of the Russian Federation see, for example, the List, approved. Decree of the Government of 04.07.2002 No. 498; Art. 423 of the Labor Code of the Russian Federation; List of seasonal works, approved. Decree of the NCT of the USSR dated 11.10.32 No. 185.

You cannot set a probationary period of more than 2 weeks for a seasonal worker, during the time of work he will need to be granted leave (or pay compensation for leave) at the rate of 2 working days for each month of work articles 70, 295 of the Labor Code of the Russian Federation.

Work as a seller does not apply to seasonal types of work, so you need to conclude a fixed-term employment contract with an employee for a period from 06/01/2015 to 08/31/2015 to perform obviously defined work. articles 58, 59 of the Labor Code of the Russian Federation.

What day to dismiss a temporary employee if the main employee left the care leave

I.Yu. Tupeeva, Kazan

We have a fixed-term contract with an employee for the duration of parental leave of the main employee. The main worker went to work without warning. When to fire a temporary worker, because we did not warn her about the dismissal?

: It all depends on how the condition on the term is formulated in the contract with the temporary worker. If the contract states that it is concluded for the period of temporary absence of a particular employee, then the day of dismissal (the last day of work) of the temporary employee will be the day preceding the day the main employee leaves maternity leave Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; ; Appeal decision of the Tula Regional Court dated November 27, 2014 No. 33-3260.

If, however, the contract with a temporary worker indicates that it terminates when a particular employee returns to work, then the day of dismissal (the last day of work) of the temporary worker will be the day the main employee leaves maternity leave. Art. 79 of the Labor Code of the Russian Federation; Appeal rulings of the Krasnoyarsk Regional Court dated 06/09/2014 No. 33-5452 / 14A-09; Moscow City Court dated April 16, 2015 No. 33-6310/15.

In any case, you are not required to notify the temporary employee of the dismissal and Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; Appeal ruling of the Chelyabinsk Regional Court dated July 17, 2014 No. 11-6967/2014. But for the future - ask the main workers to inform you in advance about leaving work so that you can warn temporary workers about dismissal 3 calendar days in advance.

Is it possible to dismiss a temporary employee if the main employee quit without leaving parental leave

L.A. Efremova, Togliatti

We have entered into a fixed-term employment contract with the employee for a period of time maternity leave and parental leave of the main worker. The main employee quit own will without leaving vacation. Do we need to fire a temporary employee at the end of the vacation of the main employee?

: If the main employee quit during the period of parental leave without a work permit, you have no reason to dismiss the temporary employee. After all, the basis for terminating an employment contract with a temporary worker has disappeared. And you just have to change the condition on the term of the contract by concluding an additional agreement with the temporary worker to the employment contract with Art. 58 of the Labor Code of the Russian Federation; Letter of Rostrud dated November 20, 2006 No. 1904-6-1.

It is possible to formulate a condition on the transformation of a fixed-term contract into a contract for an indefinite period as follows.

The employee and the employer agreed that the employment contract No. 10 dated April 30, 2013 was concluded for an indefinite period.

But if the main worker issued a job and then quit of her own free will, then the temporary worker must be fired due to the expiration of the employment contract and Appeal ruling of the Omsk Regional Court dated June 27, 2012 No. 33-3641/12.

A temporary worker on sick leave can be fired

ON THE. Kisileva, Pskov

Can we dismiss an employee due to the expiration of the employment contract concluded for 1 year, if he is sick and will not be at work on the last day of the employment contract?

: Yes, you can. After all, it is forbidden to dismiss during illness only at the initiative of the employer. And dismissal due to the expiration of the employment contract does not apply to such grounds. p. 2 h. 1 art. 77, articles 79, 81 of the Labor Code of the Russian Federation; Determination of the Moscow City Court dated May 24, 2011 No. 33-15449.

But the fact that the employee is sick does not relieve you of the obligation to notify him of the upcoming dismissal and Art. 79 Labor Code of the Russian Federation. You can send him such notification by mail or telegram. Some courts, in the absence of such notice, reinstate the employee at work. Determination of the Moscow City Court dated February 14, 2011 No. 33-2941.

If on the day of dismissal (the last day of the term of the employment contract) the employee does not go to work, send a notice to his home address by registered mail about the need to come to the employer for a work book or agree to send it by mail Art. 84.1 of the Labor Code of the Russian Federation. On this day, you also need:, part 1 of Art. 7 of the Law of December 29, 2006 No. 255-FZ.

The allowance must be accrued no later than 10 calendar days from the date the former employee submitted a sick leave. And you must pay him the allowance on the next day after the accrual of the allowance, set for the payment of salaries. Part 1 Art. 15 of the Law of December 29, 2006 No. 255-FZ.

When to fire an employee if the employment contract expires on a weekend

Fixed term contract ends on the weekend. What day to fire an employee?

: In such a situation, the end date of the term is considered to be the next business day following it Art. 14 Labor Code of the Russian Federation.

Is it possible to fire a former student due to the expiration of the employment contract?

S.A. Bragin, Vologda

Our company hired a full-time student on a fixed-term contract. Before the expiration of the employment contract, he was expelled from the university. Will we be able to fire him later due to the expiration of the employment contract?

: If the only reason for concluding an employment contract was that the employee is studying full-time, then after being expelled from the university, it is impossible to dismiss him due to the expiration of a fixed-term employment contract. After all, you no longer have the basis that served as the reason for concluding a fixed-term employment contract Art. 59 Labor Code of the Russian Federation.

A fixed-term employment contract becomes indefinite, which is formalized by an additional agreement to the employment contract. Above we gave an example of how you can formulate a condition on the term of the contract.

Is it possible to dismiss an employee who did not go to work on the last day of the contract term?

E.V. Mishukov, Astrakhan

3 days before the expiration of the employment contract, we warned the employee with whom a fixed-term employment contract was concluded about dismissal. He didn't show up for work the next day. Can we fire him if he doesn't show up on the last day of the contract, or should we wait until it's clear why he didn't show up?

: You can fire an employee on the last day of the term of the employment contract. Art. 79 Labor Code of the Russian Federation.

If you don’t do this, but you find out why he didn’t go to work, then the fixed-term employment contract will turn into an employment contract for an indefinite period Art. 58 Labor Code of the Russian Federation. And then you will not be able to dismiss the employee due to the expiration of the employment contract. p. 2 h. 1 art. 77 Labor Code of the Russian Federation. And you will have to look for other grounds for dismissing an employee as well. Determination of the Moscow Regional Court of August 18, 2011 No. 33-18584.

Is it possible to fire a “fixed-term” employee if the contract does not specify a period

K.A. Vakhteeva, Smolensk

We hired an employee to carry out reconstruction work, but did not indicate this in the contract, and also did not indicate the duration of the contract. Can we dismiss an employee at the end of the reconstruction due to the expiration of the employment contract?

: If the term of its validity is not specified in the employment contract, then the contract is considered concluded for an indefinite period Art. 58 Labor Code of the Russian Federation. That is, it is impossible to dismiss an employee in connection with the expiration of the employment contract. You can dismiss him only on the general grounds provided for permanent employees.

We count the days of unused vacation if the fixed-term contract is terminated before the expiration of 2 months

ON THE. Nakul, Ryazan

The employee was hired during the leave of the main employee to care for the child until the child reaches the age of 3 years. But a month and a half after going on vacation, the main worker returned to work. For which days to calculate compensation for a temporary worker for vacation: for working days or for calendar days?

: The fact that the contract with a temporary worker terminated already one and a half months after the start of the vacation does not mean that it was originally concluded for a period of up to 2 months. Therefore, you need to calculate compensation for unused vacation for calendar days, and not for working days, as when concluding an agreement for up to 2 months in articles 120, 291 of the Labor Code of the Russian Federation.

One of the mandatory conditions of the employment contract is its term. Article 58 of the Labor Code of the Russian Federation provides that employment contracts can be concluded for an indefinite period (unlimited employment contract) and for a fixed period of not more than five years (fixed-term employment contract). Fixed-term employment contracts can be concluded only in cases specified by law. Often, the employer sets the term of the contract without sufficient grounds, which is a violation of labor laws. In this article, we will consider basic rules for concluding a fixed-term employment contract, compliance with which will avoid labor conflicts and nit-picking by regulatory authorities.

In accordance with Art. 58 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely (part 1 of article 59 of the Labor Code of the Russian Federation):
- for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, the employment contract retains the place of work;
– for the duration of temporary (up to two months) works;
- to perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season);
- with persons sent to work abroad;
- for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;
- with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
- with persons hired to perform a deliberately defined work in cases where its completion cannot be determined by a specific date;
- to perform work directly related to the internship and vocational training of the employee;
- in case of election for a certain period to an elected body or to an elective position for a paid job, as well as employment related to the direct support of the activities of members of elected bodies or officials in bodies state power and bodies local government, in political parties and others public associations;
- with persons sent by the bodies of the employment service to work of a temporary nature and public Works;
- with citizens sent for alternative civilian service;
Part 2 Art. 59 of the Labor Code of the Russian Federation establishes cases when the conclusion of an employment contract for a certain period is possible by agreement of the parties without taking into account the nature of the work to be done and the conditions for its implementation:
- with persons entering the work of employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
- with pensioners entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, only temporary work is allowed;
- with persons applying for work in organizations located in the districts Far North and areas equated to them, if this is associated with moving to the place of work;
- to carry out urgent work to prevent catastrophes, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
- with persons elected on the basis of a competition to fill the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
- with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government RF, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations;
- with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal form and form of ownership;
- with persons studying full-time;
- with persons entering a part-time job;
- in other cases provided for by the Labor Code of the Russian Federation or other federal laws.
Rostrud in Letter No. 6963-TZ dated December 18, 2008 emphasizes that the list of grounds for concluding a fixed-term employment contract with an employee, provided for in Art. 59 of the Labor Code of the Russian Federation, is exhaustive.

Conclusion of a fixed-term employment contract

When concluding a fixed-term employment contract, it is necessary to follow the rules established by Ch. 11 of the Labor Code of the Russian Federation. In addition, the requirement of par. 3 hours 2 tbsp. 57 of the Labor Code of the Russian Federation: when a fixed-term employment contract is concluded, its validity period and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation or other federal law are necessarily fixed in the contract. Moreover, these circumstances must be justified, because in the absence of sufficient grounds in order to conclude an employment contract for a fixed period, in the event of a labor dispute, this contract will be recognized as concluded for an indefinite period (Article 58 of the Labor Code of the Russian Federation).

Note! An entry in the work book about the admission of an employee under a fixed-term contract is made WITHOUT indicating that the employee was hired for a certain period.

As a rule, when formulating a condition on the term of an employment contract, it is advisable to indicate not only the term of the contract, but also the date of its expiration, since in the future this will help to avoid disputes when terminating the contract due to the end of its term. However, situations are possible when it is almost impossible to determine the start and end dates of work, and the very duration of the contract. For example, when concluding an employment contract in connection with the departure of an employee on maternity leave or parental leave exact date the end of the work for which the employee is hired is unknown. In this case, the end of the term of the employment contract will be associated with a certain event - the employee's exit from vacation. For such cases, the Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004 “On the application by courts Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2) provides clarifications: if a fixed-term employment contract was concluded to perform certain work in cases where its completion cannot be determined by a specific date (paragraph 8, part 1, article 59 of the Labor Code of the Russian Federation) , contract by virtue of h. 2 Article. 79 of the Labor Code of the Russian Federation terminates upon completion of this work.
Therefore, when concluding a fixed-term employment contract for the period of performance of the duties of an absent employee, the wording of the reasons may be as follows: “This contract is concluded for the duration of O. P. Zakharova’s leave to care for a child who has not reached three years of age».
Part 2 of clause 14 of Resolution No. 2 can also help determine the term of an employment contract: when concluding a fixed-term employment contract with persons entering work in organizations created for a known period of time or to perform a known work (paragraph 7, part 1 article 59 of the Labor Code of the Russian Federation), the term of the employment contract depends on the period for which such an organization was created.

Note! You should not conclude a fixed-term employment contract just to have an additional basis for terminating the employment contract. When judicial trial and establishing in the course of it the fact of the repeated conclusion of fixed-term employment contracts for a short period to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period.

In case of re-qualification of a fixed-term employment contract, the rules established for a contract concluded for an indefinite period will apply to it. Therefore, we recommend that you pay attention to the following points when concluding a contract.
1. For the duration of seasonal work:
- the probationary period can be no more than two weeks (Article 70 of the Labor Code of the Russian Federation);
- for each month worked, the employee is entitled to two working days of vacation (Article 295 of the Labor Code of the Russian Federation);
- the seasonality condition must be indicated in the contract (Article 294 of the Labor Code of the Russian Federation).
2. For the duration of temporary work (up to two months):
- a probationary period is not established (Article 289 of the Labor Code of the Russian Federation);
- paid holidays are provided or compensation is paid upon dismissal at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).
3. The term of an employment contract with persons entering work in organizations created for a known period or to perform a known job depends on the period for which such an organization was created.
4. If an employee is elected to an elective position:
- the term of the employment contract cannot be less than the term for which the employee is elected;
- employees directly supporting the activities of members of elected bodies or officials in state authorities and local self-government bodies cannot be hired for a period longer than the term of election.
Very often, the employer makes a mistake by concluding only fixed-term employment contracts with old-age pensioners. But Art. 59 of the Labor Code of the Russian Federation only allows, and does not oblige, to conclude such employment contracts with pensioners and persons who, in accordance with a medical report, for health reasons, are allowed to work on a temporary basis. In any of these cases, a fixed-term employment contract can be concluded only by agreement of the parties. The retirement age of a citizen as such is not a basis for concluding this employment contract with him, and the Ruling of the Constitutional Court of the Russian Federation dated May 15, 2007 No. 378-O-P confirms this.
In relation to those pensioners who did not quit and continued to work, the employer does not have the right to reissue an open-ended employment contract for a fixed-term one in connection with the achievement by employees retirement age and assigning them a pension (as well as terminating such an agreement). These pensioners can continue their labor activity on the terms of a contract concluded for an indefinite period.

Termination of a fixed-term contract

Article 79 of the Labor Code of the Russian Federation regulates the procedure for terminating a fixed-term employment contract and establishes, in particular, that it terminates upon expiration. The employee must be notified in writing about the termination of the employment contract due to the expiration of the term at least three calendar days before the dismissal, except for cases when the term of the fixed-term employment contract concluded for the period of performance of the duties of the absent employee expires.
The contract concluded for the period of performance of certain work terminates upon completion of this work; for a certain period, if this organization really terminates its activities due to the expiration of the period for which it was created, or in connection with the achievement of the purpose for which it was created (clause 14 of Resolution No. 2).
Special attention should pay attention to the termination of a fixed-term employment contract during the woman's pregnancy. Article 261 of the Labor Code of the Russian Federation obliges the employer, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of the pregnancy. This is done by concluding an additional agreement to the employment contract, in which the condition on the term of its validity is changed.
A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.
However, labor law makes it possible to dismiss a pregnant woman due to the expiration of the term of the employment contract, if the employment contract was concluded for the duration of the performance of the duties of the absent employee and it is impossible to transfer the woman, with her consent, to another job that she can perform taking into account the state of her health. At the same time, it is necessary to comply following rules:
- a woman should be offered not only a job or a vacant position corresponding to her qualifications, but also a lower position or a lower-paid job;
- all available vacancies that meet the requirements of the state of health must be offered;
- vacancies and jobs available to the employer in the area must be offered; vacancies and jobs available in another locality must be offered in cases where this is provided for by the collective agreement, agreements or labor contract.
If a woman agrees to a transfer by concluding an additional agreement to the employment contract, some conditions change, for example, place of work, position or term of the employment contract.

Note! If none of the parties demanded the termination of a fixed-term employment contract due to the expiration of the validity period and the employee continues to work after the expiration of the employment contract, the urgent condition becomes invalid and the employment contract is considered concluded for an indefinite period based on Part 4 of Art. 58 of the Labor Code of the Russian Federation. At the same time, Rostrud in Letter No. 1904-6-1 dated November 20, 2006 recommends amending the employment contract by concluding an additional agreement.

It is important to notify the employee in writing when terminating a fixed-term employment contract. We repeat: according to the norms of Art. 79 of the Labor Code of the Russian Federation, the employer is obliged to do this at least three calendar days before the dismissal. The form of the warning is not established by law - it can be either a written notice or an order to terminate the employment contract indicating a specific date. We still recommend that you first notify the employee, and only then issue a dismissal order, since situations may arise when you have to cancel such an order (for example, if a woman submits a certificate of pregnancy).

Here is an example of a written notice.

open joint-stock company"Falcon"

Dear Anna Viktorovna!

We hereby inform you that on June 19, 2009, the term of the employment contract dated April 19, 2009 No. 45 expires. The employment contract will be terminated in accordance with clause 2, part 1, art. 77 of the Labor Code of the Russian Federation.

Director Zorin /P. D. Zorin/

Acquainted 15.06.2009 by Samoylenko

We believe that in cases where the notice of dismissal is made in less than three days or not at all, the employee can challenge the dismissal order. The court, taking into account the requirements of the employee, can either reinstate him at work or change the date of dismissal.
A warning about the dismissal of an employee, accepted for the duration of the duties of an absent employee, is not provided for by labor legislation.
Very often the question arises: is it possible to terminate an employment contract due to the expiration of its term, when the employee is on sick leave? We believe yes. If the term of the contract ends and the employer no longer wishes to continue the employment relationship, the contract must be terminated - of course, with prior notification of the employee about this. The fact that the employee is on sick leave does not matter in this case. At the same time, by virtue of Art. 183 of the Labor Code of the Russian Federation, a sheet of temporary disability is payable. This is also stated in paragraph 2 of Art. 5 of the Federal Law of December 29, 2006 No. 255-FZ "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance."

Early termination of a fixed-term employment contract

Early termination of a fixed-term employment contract is possible on the general grounds established by Art. 77 of the Labor Code of the Russian Federation:
- (Article 78 of the Labor Code of the Russian Federation);
- (Article 80 of the Labor Code of the Russian Federation);
- (Article 81 of the Labor Code of the Russian Federation).
As a rule, in case of early termination of a fixed-term employment contract, general rules established for terminating an indefinite employment contract.
In case of early termination of the employment contract at the initiative of the employee, he is obliged to notify the employer about this at least 14 calendar days in advance. However, there are exceptions to this rule - for example, Art. 292 of the Labor Code of the Russian Federation obliges an employee who has concluded an employment contract for a period of up to two months to notify the employer of his desire to terminate the employment contract at least three days in advance. For the same period, a seasonal worker must notify the employer (Article 296 of the Labor Code of the Russian Federation).
The head of the organization by virtue of Art. 280 of the Labor Code of the Russian Federation is obliged to notify the employer (property owner) of his desire to terminate the employment contract ahead of schedule in writing at least one month in advance. An athlete or coach must also notify the employer of their desire to quit a month in advance (Article 348.12 of the Labor Code of the Russian Federation) - except when the employment contract is concluded for a period of less than four months.
If the employment contract is terminated early at the initiative of the employer, in particular in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees must be notified within the following terms:
- employees who have concluded an employment contract for a period of up to two months - at least three calendar days in advance (Article 292 of the Labor Code of the Russian Federation), while severance pay is not paid to such employees, unless otherwise established by a collective or labor agreement;
- seasonal workers - at least seven calendar days in advance (part 2 of article 296 of the Labor Code of the Russian Federation), while severance pay must be paid in the amount of two weeks of average earnings.

Outcome

When choosing the type of employment contract, the employer must be very careful, because one of the first places in terms of the number of violations is occupied by the unreasonable conclusion of fixed-term employment contracts. If, when resolving a dispute on the legality of concluding a fixed-term employment contract, it is established that the employee’s consent was forced, the court will apply the rules of the contract concluded for an indefinite period (clause 13 of Resolution No. 2). The court also reclassifies a fixed-term employment contract into an open-ended one if there are sufficient grounds for this. Let's single out the main reasons for the retraining of an employment contract:
- a fixed-term employment contract was concluded without legal grounds, that is, for a reason not provided for in Art. 59 of the Labor Code of the Russian Federation;
- the term of the contract was not specified, that is, there is no reference to the event in connection with which the contract is terminated, or the date of termination of the employment relationship is not indicated;
- when concluding a fixed-term contract, the employer wanted to avoid granting the rights and guarantees due to employees working under open-ended employment contracts.
In order to avoid problems with regulatory authorities and conflicts with employees, it is still necessary to comply with the requirements of labor legislation regarding the conclusion and termination of a fixed-term employment contract.

An example of the text of a fixed-term employment contract 64 KB Download

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7) with persons studying full-time education;

8) with persons entering a part-time job.

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

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

4. Except for the cases listed in part 2

The term for which the contract is concluded is the duration of the contractual obligations of the parties. Depending on the duration of the term, contracts are divided into one-time, short-term, long-term, indefinite. Particular importance is attached to the indication of the term when concluding an employment contract. It is in the interests of the employee to enter into a long-term employment relationship with the employer, therefore Labor Code establishes that, in general, must be concluded indefinitely.

When can I conclude a fixed-term employment contract?

The situations in which a fixed-term employment contract is concluded are given in article 59 of the Labor Code of the Russian Federation. The grounds on which the term of the employment contract is indicated can be divided into two groups:

  • the employment relationship cannot be established for an indefinite period due to the nature of the work or the conditions of its performance;
  • the parties, by mutual agreement, establish a certain period of validity of the employment contract, but only in cases permitted by law.

The employer must conclude a fixed-term employment contract

The employer has the right to conclude a fixed-term employment contract

For the period of absence of the employee, who retains a permanent workplace

If the employer belongs to the subjects and has no more than 35 employees (and in the field of consumer services or retail trade - no more than 20 people)

For temporary (up to two months) and seasonal work

When hiring pensioners or persons who, for health reasons, are only entitled to temporary work

With workers who are sent to work abroad

With employees of organizations located in the regions of the Far North and equivalent areas

To perform work not related to the normal activities of the employer, such as commissioning and installation work, as well as work related to the temporary expansion of production or the volume of services

With managers, their deputies, chief accountants of organizations

To work in organizations created for a certain period or to perform certain work

With those accepted by competition for filling a position, in the manner prescribed by law

To perform work related to internships, practice, vocational training

With creative workers

With those undergoing alternative service

With full-time students

With persons elected to an elected body or to an elective position for paid work

With part-timers

Please note: an employee cannot initiate the conclusion of a fixed-term contract if there are no grounds given in Article 59 of the Labor Code of the Russian Federation. Even if the employee knows in advance how long he will work at this place (for example, he will move to another city), the employer must still conclude an open-ended employment contract.

The list of situations in which a fixed-term employment contract is concluded is incomplete, i.e. additional grounds may be adopted by federal laws. Specifying the term in the employment contract, be sure to indicate the basis on which it has the nature of urgency. Rest mandatory conditions a fixed-term contract is no different from an indefinite one.

The entry is made in the usual manner, while the period for which the employee was hired is not indicated. However, upon dismissal, an entry that the employment contract has been terminated due to the expiration of its term is entered into without fail.

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

The longest term of an employment contract is five years, the minimum term is not established by law. Theoretically, it is possible to conclude a fixed-term employment contract for one day, but in this case it is easier to formalize relations with an employee in the form of a civil law contract.

You can specify the expiration date in the employment contract certain date or pointing to a specific event. For example, if you do not know when you will return to work permanent worker, the period in the contract can be indicated as “For the period of temporary disability of a permanent employee, who retains a job” or “Until the main employee returns to his job duties”.

It is not allowed to conclude a fixed-term employment contract multiple times to perform the same job function (with the exception of teachers and athletes). Such an agreement can be reclassified into an open-ended one, and the employer can be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (fine up to 100 thousand rubles for organizations and up to 20 thousand rubles for individual entrepreneurs).

An exception is the situation when an employee under a fixed-term contract replaced a permanent employee, and after his departure, another fixed-term contract was concluded with a temporary employee for the same labor function. For example, a seller was hired during the maternity leave of a permanent employee, and when he went to work, with his consent, a temporary contract was again concluded with a temporary worker, but with different dates.

It will also not be considered a violation of labor legislation to repeatedly conclude a fixed-term employment contract with the same person and for the same position, if the contract is concluded with a director re-elected in the manner prescribed by the charter.

Termination of a fixed-term employment contract before the expiration date

The fact that the parties have entered into an employment contract with an indication of the term does not mean that it cannot be terminated earlier. To terminate a fixed-term contract, there are the same grounds for termination as for an indefinite one:

  • agreement of the parties - article 78 of the Labor Code of the Russian Federation;
  • employee initiative - art. 80 of the Labor Code of the Russian Federation;
  • employer's initiative 81 of the Labor Code of the Russian Federation.

In addition, a fixed-term contract may be terminated based on the results of the test (Article 70 of the Civil Code of the Russian Federation). It is not always possible to establish a probationary period when concluding a fixed-term employment contract. This possibility depends on for what period and for what work the contract is concluded:

  • for temporary work, as well as in the case of any other involvement of an employee for a period of up to two months, a probationary period is not established at all;
  • for seasonal work, and with a contract period of 2 to 6 months, the probationary period cannot be more than two weeks;
  • if the contract is concluded for a period of more than six months, then the probationary period should not exceed three months or six months for certain categories of employees (managers and their deputies, chief accountants and their deputies).

In addition, regardless of the term of the employment contract (fixed-term or indefinite), a probationary period is not established for pregnant women, women with children under one and a half years old and employees under eighteen years of age.

How to dismiss an employee at the end of the employment contract?

The expiration of a fixed-term contract does not mean that it is terminated automatically. The fact is that the norm of Article 58 of the Labor Code of the Russian Federation applies here. According to it, if none of the parties to a fixed-term employment contract demanded its termination, then the contract automatically becomes indefinite.

At the same time, Rostrud believes that in order to fix the fact of changing the term of the employment contract and transfer it from fixed-term to indefinite, it is necessary to draw up an additional agreement on changing the term to the fixed-term contract. If the employee insists on signing such an agreement, then it should be drawn up, but in any case (whether this agreement is executed or not), by virtue of Article 58 of the Labor Code of the Russian Federation, the employment contract becomes indefinite.

If the employer nevertheless intends to terminate the employment contract concluded for a certain period, then this he must notify the temporary worker in writing. This must be reported at least three days before. It is not necessary to wait exactly three days before the expiration of the contract, this can be done earlier, the main thing is not to miss this three-day period.

In case of disputes, the employer must have confirmation that the employee was informed of the termination of the employment contract. To do this, it is necessary to prepare two copies of the notice, one of which the employer keeps with the employee's signature. If the employee refuses to sign, an appropriate act is drawn up, for which at least two witnesses must be involved.

Notification is not required only in the case when a fixed-term contract was concluded for the period of absence of a permanent employee (Article 79 of the Labor Code of the Russian Federation).

There may be such a situation that the employee, just on the eve of the expiration of the contract, fell ill and is on sick leave. In any case, the employer, if he intends to terminate the fixed-term employment contract, must try to contact him, otherwise a dispute may arise as to whether the contract has been terminated. If the employee, for some reason, is unavailable, then inform him of the termination of the employment contract by registered mail with a description of the attachment and a delivery notice. This will confirm that the employer notified the employee of his decision in a timely manner.

The Labor Code specifically protects the interests of such a category of workers as pregnant women. It is possible to terminate a fixed-term employment contract with a pregnant employee due to its expiration only if two conditions are simultaneously met:

  • the temporary worker was hired for the period of absence of the permanent worker;
  • the employer cannot offer a pregnant woman another job or she herself refused the offered vacancy (at the same time, one cannot offer her a job that she cannot perform for health reasons).

If a pregnant employee agrees to another place of work, instead of where the permanent employee returned, then the term of the employment contract is extended and such an employee can be dismissed on the day the maternity leave ends. In any case, the employer is obliged to extend the employment contract until the end of pregnancy, even if the pregnant woman was hired to perform a certain amount of work, and all this volume has already been completed.

An employee who is hired by the head of the enterprise for a certain period is a temporary worker. With such a subordinate, an employment contract is always signed only for a fixed period. This document necessarily prescribes the period of its validity. Otherwise, the contract is considered indefinite, and the temporary employee is a permanent employee. The latter, in turn, is entitled to a monthly wages and compensation for the unused rest period upon dismissal.

What you need to know

Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract, which is concluded on However, the situations are different. Sometimes the head of the enterprise is forced to look for a replacement for a permanent employee who has gone on sick leave or is on vacation. In this case, the organization often accepts a temporary worker who performs the duties of an absent subordinate. After the departure of a permanent employee, a person working under a fixed-term contract is subject to dismissal.

Important

The head of the organization should always remember that it is not possible to sign a fixed-term employment contract with all citizens. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom registration is not prohibited service relations even for a certain period of time. These include the following:

People who are sent to work abroad;

Persons entering to carry out labor activities in organizations created only for a certain period;

Citizens accepted to perform certain work, the end date of which is not known in advance (for example, the construction of a private house);

People who were sent from the labor exchange to public works;

Persons sent to the civil service.

In addition, in cases prescribed by law, it is possible to register an employee for work under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides for the following of them:

A citizen is taken to the place of a temporarily absent employee;

If you need to perform work, the deadline for which is not more than 2 months;

Implementation of an internship;

To carry out work that goes beyond the scope of the organization's activities (for example, the reconstruction of a building);

For the period of implementation seasonal work(performance of duties of a cloakroom attendant).

A small characteristic

So, a temporary worker is the person who is hired for a certain position at the enterprise for the period established by the contract. Therefore, such an employee knows in advance that he will not be able to work permanently in this organization. After all, the date of completion of his official duties is fixed in advance in the employment contract.

Reception

Before hiring a new person for a temporary job, the head of the enterprise must make sure that he does not violate the norms of labor legislation by his actions. That is the order. If the latter hires an employee to carry out seasonal work (for example, a gardener on summer period time or a cloakroom attendant at a polyclinic), then he has every right to sign a fixed-term employment contract with him.

In addition, the reception of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period must provide the employer with all Required documents(for example, a diploma, a certificate of no criminal record, etc.).

Nuances

If the head of the enterprise hired an employee for a period of up to two months, then he needs to know about all existing features such work activity. In this case, there should be no trial period. After all, a person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is involved to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.

Completion of work and settlement

In practice, the head of the company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this three calendar days before the date of termination of the fixed-term contract.

Therefore, many subordinates often file complaints with the prosecutor's office and the labor inspectorate. To prevent this from happening, the employer must follow the rules current law even upon dismissal of an employee who temporarily performed the duties entrusted to him.

Therefore, on the last day of the employee's labor activity, the personnel specialist must prepare the appropriate order and all other documents related to the work of the latter. In certain cases, the employee immediately asks for a certificate of his latest income. This document is required for registration with the employment service.

On the last day of the work of a subordinate, the employer must pay him in full. This means that the latter must transfer the salary and additional remuneration for the vacation not used by the temporary worker.

Translation

When implementing official activity it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how is this done in practice?

The manager can offer the employee a transfer to a temporary position while maintaining his average income or the salary of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.

Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the absent employee at the same time. This must be confirmed by an order and an additional agreement.

Enrollment in labor

So, as it was already written earlier, a temporary employee is hired only for the period established by the contract. But what will be written in his work book in this case? Here, in fact, everything is quite simple.

First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the latter's official activities. Then the personnel specialist prints the order and makes an entry in the temporary worker's work book. In this case, you can not immediately indicate the duration of the employment contract. Because when dismissing a temporary employee in the work book, it will be necessary to indicate the reason for the termination of the service relationship. In this case, the entry should be as follows: "Fired due to the end of the period of validity of the employment contract" clause of the second part of the first article 77 of the Labor Code of the Russian Federation.

By agreement

Here again it is necessary to point out that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, then the boss has the right to offer him. By mutual agreement of the parties, a fixed-term contract can be concluded with full-time students, with part-timers. Most often, the latter do not object to such a proposal by the head of the enterprise. After all, part-time workers are not the main employees, because they already have the main place of work. Entrepreneurs who are engaged in small business and have less than thirty-five people in the state of the organization can conclude fixed-term employment contracts with employees.

Conclusion

Every employee who is hired by the employer only for a certain period should be aware that he will be fired after his term of performance of his official duties ends. In practice, this is most often what happens. If a person was hired for two months, then it is prohibited to establish a probationary period for him. In addition, when choosing an employee, even for a certain period, the head of the company needs to be more careful.

This is especially true in cases where the boss takes a pregnant woman to work during the absence of a permanent employee. After all, it is not so easy to end an employment relationship with such a subordinate. Because she can ask her boss to transfer her to another position (after the departure of a permanent employee whose duties she performed) and extend her employment relationship with her until the very birth.

Have questions?

Report a typo

Text to be sent to our editors:

Send