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:

1. An employee is hired for temporary work by the Company as a...
2. The Employee's salary is rubles per month.
3. During the period of work in the Company, the employee reports directly.
4. 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.
5. The employee is required to start working in 2019.
6. The employee is required to perform the following job duties as specified in the job description.
7. Place of work of the Employee: .
8. 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 may be concluded between them for temporary or permanent work.
9. 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.
10. Work in the Company is the main place of work of the Employee.
11. 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.
12. Additional terms and conditions under this agreement: .
13. The terms of this employment contract are confidential and are not subject to disclosure.
14. 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.
15. In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
16. 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.
17. Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
18. 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.

The Labor Code provides for the right of an employer to enter into fixed-term employment contracts with external employees. But you can’t just conclude for a certain period; for this there must be good reasons, named in Art. 59 Labor Code of the Russian Federation. It is sometimes difficult for an employer to figure out which basis to apply in a particular case. In this article, we will consider one of the grounds for concluding a fixed-term employment contract - performing temporary (up to two months) work, drawing your attention to some nuances.

Temporary work

In force Art. 59 Labor Code of the Russian Federation a fixed-term employment contract is concluded: in the cases listed in its first part, when the employment relationship, taking into account the nature of the work, cannot be established for an indefinite period; and by agreement between the employee and the employer, without taking into account the nature of the work - the grounds for concluding such a fixed-term contract are listed in the second part of the article. Cases of concluding an agreement of this type may be established by other federal laws.

So, a fixed-term employment contract for the duration of temporary (up to two months) work has two distinctive features:

1. It is concluded only when the assigned work is temporary.
2. The duration of work is limited to two months.

What kind of work is called temporary? The Labor Code does not explain which jobs are considered such. But in this case we mean work that is not performed on an ongoing basis. That is, it is impossible to conclude an agreement on this basis, for example, during the absence of an employee on the staff of the organization - then the basis for concluding a fixed-term employment contract will sound differently: “Fulfillment of the duties of a temporarily absent employee, who retains his place of work.”

Note:

According to Decree of the Presidium of the USSR Armed Forces dated September 24, 1974 No.311-IX “On working conditions for temporary workers and employees”, which is still in effect today insofar as it does not contradict the Labor Code of the Russian Federation, temporary workers were workers and employees hired for a period of up to two months or to replace temporarily absent employees, who retained their place of work (position) for a period of up to four months. .

Temporary work may include construction or finishing work, preparation of various projects or reports, development of computer programs, etc. Do not confuse them with such grounds provided for Part 1 Art. 59 Labor Code of the Russian Federation, How:

• carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning, etc.), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
• performance of obviously defined work in cases where its completion cannot be determined by a specific date - since, unlike the specified grounds, the period for performing temporary work is limited and can be no more than two months.

This nature of work is also mentioned when a fixed-term employment contract is concluded with persons sent by the employment service authorities for temporary work and community service. The procedure for sending citizens to temporary work is regulated by administrative regulations approved By order of the Ministry of Health and Social Development of the Russian Federation dated June 28, 2007 No.449 (hereinafter - Regulations). According to clause 55 of the Regulations on the basis of agreements on joint activities for the organization of temporary employment (concluded between executive authorities, local governments, employers and the employment center), an employee of the center selects suitable work for temporary employment of minors and unemployed citizens on the basis of information provided by employers about production capabilities, the number of jobs created , the required number of workers, the location and nature of the work, the start and end dates, etc.

Note:

Public works is understood as labor activity that has a socially useful orientation and is organized as additional social support for citizens looking for work ( Art. 24 Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On employment in the Russian Federation”). At the same time, public works does not include activities related to the need for urgent liquidation of the consequences of accidents, natural disasters, catastrophes and other emergencies and requiring special training of workers, as well as their qualified and responsible actions in the shortest possible time.

There are no restrictions on the duration of temporary and public works. They can also last less than two months, but the basis for concluding a fixed-term employment contract will be the referral of persons by the employment service to temporary work and public works.

We employ a temporary worker

Registration of labor relations with such an employee is carried out on the general basis provided for by labor legislation for employment. When applying for a job, the employee presents all the necessary documents, the list of which is established Art. 65 Labor Code of the Russian Federation. Then it concludes, which indicates the mandatory conditions defined Art. 57 Labor Code of the Russian Federation, in particular, the duration and circumstances (reasons) that served as the basis for concluding a fixed-term employment contract. As for the very condition on the temporary nature of the work, the Labor Code of the Russian Federation does not require its inclusion in an employment contract with a temporary worker (unlike the conclusion of an employment contract with seasonal workers - it according to Art. 294 Labor Code of the Russian Federation there must be a condition regarding the seasonal nature of the work).

In addition, the contract should indicate whether the temporary work for the employee is primary or part-time.

Let's give an example.

Employment contract No. 13/s

State educational institution "Special Vocational School No. 2 of Samara" (GOU SPU No. 2), hereinafter referred to as the "Employer", represented by the director Elena Viktorovna Malysheva, acting on the basis of order No. 57 dated 04/11/2010, on the one hand, and Kovalev Artem Sergeevich, hereinafter referred to as “Employee”, on the other hand, have entered into this agreement regarding the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. An employee is hired for temporary work by the Employer as a software engineer.

1.2. Work for the Employer is the main place of work for the Employee.

1.3. This agreement is concluded for a certain period for the period of temporary work on installing software in accordance with the technical specifications (Appendix 1 to the employment contract) and is valid from April 02 to May 14, 2012.

1.4. The Employee's immediate supervisor is the director of State Educational Institution SPO No. 2.

1.6. If the Employee does not start work within the period specified in clause 1.5 of this employment contract, the contract is canceled in accordance with Part 4 of Art. 61 Labor Code of the Russian Federation.

When drawing up a fixed-term employment contract to perform temporary work, you can specify not a specialty (profession), but a specific type of work assigned. For example: “The employee is hired for the period of temporary work to install software.”

We draw the employer's attention to the following point: according to Art. 67 Labor Code of the Russian Federation, if the employer does not draw up a fixed-term employment contract in writing within three days from the date the newcomer is actually admitted to work, it will still be considered concluded. Moreover, the employer may not prove that he hired the employee on temporary terms, and he will be considered hired on a permanent basis.

So, on the basis of an employment contract, the employer issues an order (instruction) on hiring (forms T-1, T-1a), and the personnel employee makes an entry in the employee’s work book if he is hired at the main place of work. If the employee is hired part-time, the work record is made at the main place of work at the request of the employee ( Art. 66 Labor Code of the Russian Federation).

Please note:

The condition that the employee is hired under a fixed-term employment contract is not indicated in the work book.

When making an entry in the work book, it is better to write not “Accepted as a software engineer”, but “Accepted as a software engineer”, because according to Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No.69 “On approval of the Instructions for filling out work books” Records of the name of a position (job), specialty, profession indicating qualifications are made, as a rule, in accordance with the organization’s staffing table, and the performance of temporary work for a period of up to two months involves work other than positions according to the organization’s staffing table.

Please note that when hiring a temporary job, the employer cannot establish for the employee ( Art. 289 Labor Code of the Russian Federation).

When hiring a temporary employee, do not forget to provide information about those liable for military service. The obligation to send, within two weeks from the date of employment (dismissal) to military commissariats, information about citizens subject to military registration, about their acceptance or dismissal from work, established By Decree of the Government of the Russian Federation of November 27, 2006 No. 719 “On approval of the Regulations on military registration» , does not depend on whether the employment contract is concluded with the employee for a fixed-term or open-ended period.

Some features of the labor activity of temporary workers

The Labor Code establishes some features of working time and rest time for workers in this category. Yes, due to Art. 290 Labor Code of the Russian Federation persons 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 holidays. Such work is compensated in cash at least twice the amount.

That is, unlike permanent workers, who, due to Art. 153 Labor Code of the Russian Federation For work on a weekend or holiday, another day of rest may be granted; temporary workers are not granted this right. But they, like permanent employees, have the right to vacation. The number of vacation days is set Art. 291 Labor Code of the Russian Federation, its maximum duration is four working days. And if the employee decides to use vacation at the end of two months of work, the validity of the employment contract will be more than two months. There is no need to worry about this, because Art. 127 TK RF upon dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends beyond the term of this contract.

If the employee does not exercise this right, upon dismissal he is provided with monetary compensation at the rate of two working days per month of work. It is calculated based on the average daily earnings, which is determined according to the rules Part 5 Art. 139 Labor Code of the Russian Federation.

Job Done

According to Art. 79 Labor Code of the Russian Federation a fixed-term employment contract is terminated due to its expiration. The employer must notify the employee in writing about the expiration of this period at least three calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires - in this case the contract is terminated with the release of this employee.

Like any employment contract, a fixed-term one can be terminated before the expiration of its term at the initiative of the employee, the employer, due to circumstances beyond the will of the parties (liquidation, staff reduction, etc.), or by agreement of the parties.

Article 292 of the Labor Code of the Russian Federation a special procedure has been established for terminating a contract with a temporary employee. So, if he wants to quit before the expiration of the contract, he is obliged to notify the employer in writing about early termination three calendar days in advance.

If the last day of the period falls on a non-working day, then the day of the end of the period in accordance with Art. 14 of the Labor Code of the Russian Federation is considered the next following working day.

The employer is obliged to notify 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. A person who has entered into such an agreement is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract.

The employer should not forget that, in accordance with the general rule established Part 4 Art. 58 Labor Code of the Russian Federation, if the employee, after the expiration of two months of the fixed-term employment contract, actually continues to work and the employer did not demand termination of the employment contract due to the expiration of its term, then the contract is considered concluded for an indefinite period.

Conclusion

Please note: according to Part 5 Art. 58 Labor Code of the Russian Federation an employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period. Therefore, when concluding this agreement, one should be strictly guided by the provisions of the Labor Code, including correctly indicating the grounds for the conclusion.

Sometimes an employer, in order to prevent any difficulties with dismissing employees, enters into a fixed-term employment contract with them, without particularly thinking about whether he has the right to do this and what consequences may arise for him as a result. And legal proceedings, inspections by regulatory authorities, fines and other material costs may follow.

As an example, consider the ruling of the Leningrad Regional Court dated February 28, 2012 No. 33-928/12.

Citizen Z. was hired at XXX for a period of less than two months. A fixed-term employment contract was concluded with her and a hiring order was issued, which she familiarized herself with. In addition, Z. signed an agreement with the general director of XXX that she was hired under a fixed-term employment contract. She was promptly sent a warning that the contract concluded with her would be terminated due to its expiration. By order of the General Director, Z. was dismissed for clause 2, part 1, art. 77 Labor Code of the Russian Federation upon expiration of the employment contract.

However, Z. did not agree with the dismissal and filed a lawsuit to reinstate her in her position, recognize the employment contract as concluded for an indefinite period, recover average earnings for the period of forced absence and compensation for moral damage.

The court of first instance considered that “XXX” had grounds for concluding a fixed-term employment contract with Z. on two grounds: the existence of an agreement to conclude such a contract ( Part 2 Art. 59 Labor Code of the Russian Federation) and concluding an employment contract to perform seasonal work, which, due to natural conditions, can only be performed during a certain period (season) ( clause 3, part 1, art. 59). The claims were denied.

However, the cassation court overturned this decision and satisfied all of the above requirements of Z., guided by the following:

1. Based on the testimony of the representative of “XXX,” the basis for concluding a fixed-term employment contract with Z. was that the organization was created for a certain period. However, this basis is untenable, and here's why. “XXX” concluded a contract agreement with the State Unitary Enterprise, which is the founder of “XXX”, for the provision of services for a period of one year for the provision of a range of services to support the activities of the dispensary, namely for the organization of children's recreation, on the basis of which fixed-term employment contracts were concluded with all employees . However, as it was established by the judicial panel, “XXX” was created to provide a range of services to provide not only children’s recreation during school holidays, but also adult recreation year-round. In addition, according to the charter, “XXX” was created to carry out the following types of activities: servicing children’s, adolescent and medical camps, recreation centers and boarding houses; organization and maintenance of a weekend family recreation center; construction, creation and operation of production facilities, cultural, domestic and residential facilities, etc. According to witness testimony, almost all employees of XXX work on the basis of fixed-term employment contracts, which, if they expired, were concluded for a new term to perform the same labor function.

2. From the case materials it is clear that the plaintiff’s position is full-time and after Z.’s dismissal, the duties of this position were assigned to another employee.

The panel of judges made the following conclusions:

1. Signing of Z. an agreement to conclude a fixed-term employment contract without including her in the list of persons established Part 2 Art. 59 Labor Code of the Russian Federation, is not a basis for concluding a fixed-term contract.

2. There were no grounds for concluding an agreement for a period of up to two months, since the conclusion of such an agreement is permitted provided that the work is obviously temporary, that is, it is known in advance that it will last no more than two months.

3. There were no grounds for concluding a fixed-term employment contract to perform seasonal work, since the position of Z. (accounting employee) is not included in the special list of seasonal work introduced By Decree of the Government of the Russian Federation dated April 6, 1999 No. 382 .

“On approval of the Administrative Regulations for the provision of public services for organizing temporary employment of minor citizens aged 14 to 18 years in their free time from study, unemployed citizens experiencing difficulties in finding work, unemployed citizens aged 18 to 20 years from among graduates of educational institutions primary and secondary vocational education, looking for work for the first time.”

The document form “Employment contract for the duration of a certain job” belongs to the heading “Employment agreement, employment contract”. Save the link to the document on social networks or download it to your computer.

EMPLOYMENT AGREEMENT No. __
for the duration of a specific job
(full)

_____________ "__"_________ _____ g.

Limited Liability Company "_____________________",
(Name)

hereinafter referred to as "the Company", represented by ___________________________,
(position, full name)

acting on the basis of ______________________, on the one hand, and
(Charter, regulations)

citizen of the Russian Federation _________________________, referred to as
(last name, first name, patronymic)

hereinafter "Employee", on the other hand, have entered into this agreement
about the following:

1. SUBJECT OF THE EMPLOYMENT CONTRACT

1.1. The employee is hired for temporary work by the Company as __________________________________________.
1.2. The Employee's salary is ______________________ _________________________________ rub. per month.
1.3. During the period of work in the Company, the employee reports directly to _____________________________________________________.
1.4. This employment contract is concluded for the duration of the work ___________________________________________________ and is valid from "__"___________ _____.
The work must be completed no later than _____________ (no more than 2 months from the start of the contract). Upon expiration of the specified period, this agreement is terminated, except for the cases specified in paragraphs. 1.7 and 1.8 of the agreement.
1.5. The employee is obliged to start work from "__"_________ _____.
1.6. Place of work of the Employee: ___________________________________.
Options:
a) The Company has the right to send an Employee to perform tasks in
___________________________, located at: ________________
(name of organization)

_____________________________________________________________________.
b) The Company has the right to send an Employee to perform tasks in any area within the ________________________ region.

1.7. After completing the work specified in clause 1.4 of the contract, this employment contract may be extended by agreement of the parties, or a new employment contract for temporary or permanent work may be concluded between them.
1.8. 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:
a) if, upon expiration of the contract, the work specified in clause 1.4 is not completed;
b) if, after completing the work specified in clause 1.4 of the contract, the Employee continues to perform work in this specialty and qualification.
1.9. Work in the Company is the main place of work of the Employee.

2. OBLIGATIONS OF THE PARTIES

2.1. The employee is obliged:
2.1.1. Perform the following job responsibilities: _____________ _____________________________________________________________________.
(the main characteristics of the work and requirements for
level of their implementation)

Option: Perform duties as specified in the job description.

2.1.2. Maintain labor, production and financial discipline and conscientiously perform their official duties specified in clause 2.1.1 of this employment contract.
2.1.3. Protect the Company's property and not disclose information and information that is a commercial secret of the Company.
2.1.4. Carry out efficiently and in a timely manner the instructions, assignments and instructions given by the Company’s management officials, given by them in accordance with their competence.
2.1.5. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Society without the permission of its administration.
2.1.6. Comply with labor protection, safety and industrial sanitation requirements.
2.1.7. If work is performed under an agreement concluded by the Company with a third party (Customer), comply with the terms of such agreement and the rules in force in the Customer’s territory, provided that the Employee familiarizes himself with the specified documents against signature.
2.1.8. Contribute to the creation of a favorable moral climate and working environment in the Company.
2.2. The Company undertakes:
2.2.1. Provide the Employee with work in accordance with the terms of this employment contract. The Company has the right to require the Employee to perform duties not stipulated by this employment contract only in cases provided for by the current labor legislation of the Russian Federation.
2.2.2. Pay wages twice a month, no later than the _______ and ______ days of each month.
Pay wages for the entire vacation period no later than _______ day(s) before the start of the vacation.
2.2.3. If the Employee is sent to perform work under an agreement concluded by the Company with a third party (Customer), upon receipt, familiarize the Employee with such agreement in terms of the conditions for performing the work and the rules in force in the Customer’s territory.
2.2.4. Ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation.
2.2.5. Provide the Employee with a copy of the job description.
2.2.6. Investigate and maintain records of industrial accidents.
2.2.7. Pay bonuses and remuneration in the manner and on the terms established by the Company, provide financial assistance taking into account the assessment of the Employee’s personal labor participation in the work of the Company.
2.2.8. In the prescribed manner, make entries in the Employee’s work book, store it and issue it to the Employee on the day of dismissal.
2.2.9. Provide social insurance to the Employee for the period of validity of the employment contract.
2.2.10. Perform other duties provided for by labor legislation.

3. OPERATING MODE

3.1. The employee is assigned a ________________ (five-day, six-day) working week lasting __________ hours (no more than 40 hours). Weekends are ___________________________.
Option: days off are provided on different days of the week according to shift schedules approved by the Company administration.
Work in the Company is not carried out on the following holidays:
January 1 and 2 - New Year;
January 7 - Christmas;
March 8 - International Women's Day;
May 1 and 2 - Spring and Labor Festival;
May 9 - Victory Day;
June 12 - Day of adoption of the Declaration of State Sovereignty;
November 7 is the anniversary of the October Revolution;
December 12 is the Day of Adoption of the Constitution of the Russian Federation.
On the eve of the holidays listed above, employees' work hours are reduced by 1 (one) hour. If a holiday is preceded by a day off, the working day is not reduced.
3.2. Working hours:
- start of work _____________________;
- completion of work __________________;
- break for rest and food from _________ to _________.
Option: working hours are established by the shift schedule approved by the Company administration.

3.3. An employee may be required to work at night (from 22:00 to 6:00 local time) according to the shift schedule approved by the Company’s administration.
For night work, in addition to wages, compensation is paid in the amount of ____ (at least 40%) of the hourly rate for one hour of work. The hourly rate is calculated by dividing the amount of wages by the average number of working hours per month.
3.4. In exceptional cases, the Employee may be required to work overtime, as well as to work on weekends and holidays in the manner and with compensation provided for by labor legislation (by providing another day of rest or, by agreement of the parties, in cash).
3.5. The employee is granted annual leave with pay lasting _______ days (at least 24 working days based on a six-day working week). Leave for the first year of work is granted after eleven months of continuous work in the Company. In cases provided for by labor legislation, at the request of the Employee, leave may be granted until the expiration of eleven months of continuous work in the Company.
Vacation for the second and subsequent years of work is provided in accordance with the priority of vacations, according to the vacation schedule approved by the head of the Company, drawn up taking into account the wishes of employees about the time of the proposed vacation.
3.6. In cases provided for by law, the Employee is granted additional leave.
3.7. Replacement of vacation with monetary compensation is not allowed, except in cases of dismissal of an Employee who has not used the granted vacation.
3.8. For family reasons and other valid reasons, the Employee, at his request, may be granted short-term leave without pay.

4. RESPONSIBILITY OF THE PARTIES

4.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, labor regulations (Option: and the rules established by the Personnel Regulations), as well as causing material damage to the Company, he bears disciplinary, financial and other liability in accordance with current legislation.
4.2. The Company bears financial and other liability, in accordance with current legislation, in the following cases:
a) dismissal without legal grounds or in violation of the established procedure;
b) causing damage to the Employee as a result of injury or other damage to health associated with the performance of his work duties;
c) in other cases provided for by law.
In cases provided for by law, the Company is obliged to compensate the Employee for moral damage caused by unlawful actions of the Company.

5. TERMINATION OF AN EMPLOYMENT CONTRACT

5.1. The grounds for termination of this employment contract are:
5.1.1. Agreement of the parties.
5.1.2. Completion of the work specified in clause 1.4 of this contract, the impossibility of its completion or the expiration of the contract.
5.1.3. The Employee's conscription or entry into military service.
5.1.4. Termination of an employment contract at the initiative of the Employee on the grounds provided for in Art. 31 and 32 of the Labor Code of the Russian Federation.
5.1.5. Termination of an employment contract at the initiative of the Company on the grounds provided for in Art. 33 Labor Code of the Russian Federation.
5.1.6. Changes in significant working conditions and (or) violation by the Company of its obligations under this employment contract.
5.2. In addition to the grounds listed in clause 5.1 of this agreement, a contract for temporary work that has not been extended for an indefinite period in accordance with clause 1.8 may be terminated:
5.2.1. At the initiative of the Employee, subject to written notification by the latter to the Company three days before the date of proposed termination.
5.2.2. At the initiative of the Company in the event of:
a) suspension of work in the Company for a period of more than one week for production reasons, as well as reduction of work in the Company - with payment of severance pay provided for in clause 6.2;
b) absence from work for more than two weeks in a row due to temporary disability - without payment of severance pay;
c) failure by the Employee, without good reason, to fulfill the duties assigned to him by this employment contract - without payment of severance pay.
5.3. Termination of an employment contract does not relieve the parties from liability for non-fulfillment or improper performance.

6. WARRANTY AND COMPENSATION

6.1. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by current labor legislation.
6.2. The employee is paid severance pay in the amount of _________ (at least two weeks' average earnings) upon termination of the contract for reasons:
a) the Employee’s conscription or entry into military service;
b) the Employee’s refusal to continue working due to a change in significant working conditions;
c) illness that prevents the continuation of work, or loss of ability to work as a result of an industrial accident;
d) due to violation by the Company of labor legislation or obligations under this agreement.

7. SPECIAL CONDITIONS

7.1. The terms of this employment contract are confidential and are not subject to disclosure.
7.2. 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.
7.3. In all other respects that are not provided for in this agreement, the parties are guided by current legislation.
7.4. The parties are guided by the Company’s internal regulations (Personnel Regulations, Internal Labor Regulations, etc.) only if the Employee familiarizes himself with them against signature.
7.5. Disputes between the parties arising during the execution of an employment contract are considered in the manner prescribed by current legislation.
7.6. 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.

An example of concluding a fixed-term employment contract: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to lay out beds, fertilize, plant strawberries, take care of them every day in order to ultimately get a good harvest. Naturally, one cannot cope alone; helpers are needed. Hundreds of people want to help you in a crowd, for a purely symbolic and modest monetary reward.

You happily accept offers, but the question arises: how to properly formalize short-term industrial relations with people? After all, you will need their services only for the summer period, and what if one of them does not want to quit in the fall, directly saying: no, now give me a permanent salary!

Grounds for concluding a fixed-term employment contract

For what period is it concluded?

The maximum term of a fixed-term employment agreement is five years, the minimum period is unlimited ().

Features of a fixed-term employment contract

One of the features is the obligation to indicate the reasons why a contract with a limited duration is concluded. offers a complete list of grounds on which a fixed-term employment agreement is concluded. If the text of the document does not contain grounds for its conclusion, then by court it can be recognized as unlimited ().

It is necessary to specify the end date or indicate an event indicating the end of the work ().

Test for a fixed-term employment contract

The test in this case depends on the duration of the contract. If the period is less than two months, a trial period is not established ().

If the duration of the temporary contract is between two and six months, the trial cannot exceed two weeks ().

Fixed-term employment contract and pregnancy

Yes, it also happens... In this case, the employer, according to , will have to demand (but very gently!) from the employee an appropriate medical certificate confirming her interesting condition, and extend the temporary agreement until the end of the pregnancy, i.e. actually before birth. When the baby is born, you can say goodbye to her, but until that moment you cannot.

However, options are also possible. If, instead of a pregnancy certificate, a girl brings a temporary disability certificate form established by law, where pregnancy is indicated in the justification for its issuance, as well as a statement of desire to go on paid leave (it doesn’t matter how long she worked for you, even a week), the employer will have to prepare and sign the corresponding order. Because, according to Article 260 of the Labor Code of the Russian Federation, before maternity leave (or after it), the employer is obliged to provide the woman with annual paid leave, regardless of the time she worked for him.

Therefore, it turns out that instead of three summer months, some legally literate girls can hold out in temporary work longer.

Vacation on a temporary contract

Persons who have signed a temporary employment contract have the same rights as persons who have fixed production relations for an indefinite period.

Therefore, if the term of the temporary work agreement allows the employee to go on annual paid leave, the rest is provided on a general basis.

If the time frame does not allow, then upon dismissal the accounting department will provide the employee with appropriate monetary compensation.

Rules for dismissing a temporary employee

According to Article 79 of the Labor Code of the Russian Federation, a fixed-term contract ends with the expiration of its validity period; this is an independent basis for terminating a working relationship.

The employee is warned about the termination of the contract in writing at least three calendar days before his dismissal under a temporary employment agreement. You can download a free sample of a fixed-term employment contract with an employee for 2019 below.

Changes to the document (employment contract) are possible only by agreement of the two parties (the employer and the temporary employee) and must be in writing; a sample document is easy to find on the Internet.

• Temporary employees are not subject to a probationary period.
• On holidays and weekends, such employees can be involved in work only with their consent, recorded in writing, and, only within the specified period, payment for such days is made in double the amount, but, as compensation, this person is not given an additional day off.
• The procedure for calculating paid leave for specialists hired temporarily is somewhat different than for permanent employees.

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Part 3 of Article 17 of the Labor Code determines the case of concluding such an employment contract: an employment contract for the duration of certain work is concluded in cases where the time of completion of the work cannot be determined accurately. Since this, in a broad concept, is a fixed-term employment contract, it is subject to all labor legislation, and in a narrow sense, it is one of the types of a fixed-term employment contract, therefore there are some exceptions defined in Chapter 23 of the Labor Code.

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Please note that the conditions regarding the temporary nature of the work must be specified in the employment contract. And also that when hiring temporary workers, a preliminary test is not established. Like all employees, regardless of which employment contract they work under, temporary workers also have the right to holiday. Vacation is calculated in proportion to the time worked.

Fixed-term employment contract: instructions for use

A person hired temporarily must be warned by order that his activities, concluded under a temporary employment contract, are of a non-permanent nature, indicating a specific date for its completion. The document regulating the hiring of such a specialist should indicate the exact factors that serve as the basis for signing a temporary contract.

If the employer tries to conclude a temporary contract for a longer period, or the work performed is of a specialized nature, such actions are considered unlawful; the essence of the temporary employment contract does not allow this. A fixed-term employment contract can be concluded for a period of up to five years; the duration of the minimum period is not regulated.
At the end of its term, in the absence of initiative from one of the parties to terminate it, the status of such an agreement changes to unlimited.

Temporary employment contract

Employer" A legal entity, individual entrepreneur who provides work and is also a tax agent. It should be remembered that in certain situations the employer may be an individual.

The format of such an employment contract has a large number of different features: “Employee” The second party to the contract, which carries out the fulfillment of duties arising in connection with the conclusion of the employment contract “Salary” Money that is due to the employee for carrying out work activities. The conditions for receiving wages are again reflected in the contract “Fixed-term employment contract” An agreement that is valid for a certain period of time “Indefinite employment contract” An agreement that does not have a specific period of validity.

In most cases, this is exactly the agreement that is concluded.

An employment contract for the duration of a specific job

In this case, the employment contract concluded for the duration of the duties of a temporarily absent employee is converted into an open-ended one by analogy with Article 39 of the Labor Code and the dismissal of such an employee is possible in the general manner in compliance with all the requirements of the law. An employment contract for the duration of seasonal work is concluded in cases where work, due to natural and climatic conditions, can only be performed during a certain season. Thus, a fixed-term employment contract is concluded for a specific season, which should not exceed 6 months.

The nuances of concluding a temporary contract with an employee

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In addition, the contract contains labor incentive measures (increased tariff rates, additional allowance, etc.) and social guarantees (provision of an apartment). In what cases is it possible to transfer an employee from an open-ended to a fixed-term contract? In pursuance of Article 72 of the Labor Code of the Russian Federation, transfer of an employee to a fixed-term form of contract is possible only with his consent.

The labor legislation of the Russian Federation does not provide for any other grounds for changing an open-ended contract to a fixed-term one. So, when drawing up a fixed-term rental agreement, you should be extremely careful about the paperwork.
It is imperative to clearly define the grounds for such an agreement and stipulate its validity period. To avoid conflict situations and claims from regulatory organizations, you should adhere to the requirements of the Labor Code of the Russian Federation for drawing up an employment contract with a temporary employee.

Fixed-term employment contract during the absence of a permanent employee

During times of economic difficulties, many employers prefer to enter into fixed-term employment contracts with staff, so that at the end of the work they will be able to part with the employee. Employers know that the Labor Code allows for the conclusion of a contract for the duration of certain work, but they do not know how to draw it up correctly, and in practice they make many mistakes. In this article, we will look at the procedure for concluding a fixed-term employment contract with employees hired to perform a clearly defined job, when its completion cannot be determined by a specific date. When concluding a fixed-term employment contract, the employer is obliged to include two mandatory conditions related to the fixed-term nature of the contract: 1) the validity period of the fixed-term employment contract; 2) the circumstances that served as the basis for concluding a fixed-term employment contract.
In case of disputes, an incorrectly concluded temporary contract is recognized by the court as unlimited. Conditions for drawing up a temporary employment contract Mandatory conditions for drawing up or concluding such an employment contract are the determination of the time frame for the validity of the document, as well as the exact date of its end. But there are situations when the exact date cannot be determined for objective reasons, for example, if an employee is hired during the maternity leave of a permanent employee. In this case, the expiration date of the contract will be associated with the moment the employee returns from vacation. If a temporary worker is hired to perform a specific amount of work or for the period of operation of the organization, then labor relations are regulated by paragraph. 7 hours 1 tbsp. 59 Labor Code of the Russian Federation.

Fixed-term contract for the duration of the contract

The construction stages must be completed with a certificate of completion of work, and since in this case there is no specific date for the completion of the employment contract, it is necessary to link the completion of the employment contract to the moment of signing the certificate of acceptance of completed work (for example, installation, welding, etc.). It turns out that the end date of the employment contract will be a legal fact - the moment of signing the act of acceptance of work, which ends a specific stage of construction.

In accordance with Part 2 of Art. 79 of the Labor Code of the Russian Federation, an employment contract concluded for the duration of certain work is terminated upon completion of this work. In this regard, the employment contract must indicate the validity period “until the signing of the act of acceptance of work under contract No. dated [date].” Thus, the completion date of the work will be determined.

Fixed-term employment contract for the duration of the contract

Labor relations on the territory of the Russian Federation are regulated by special legislative norms. An important point is the mandatory conclusion of an employment contract when hiring an employee. Moreover, it does not matter over what period of time the work will be carried out. All employment agreements are divided into several main categories.

First of all, these are urgent and unlimited. It is worth understanding all the nuances in advance before drawing up such contracts. This way you can avoid many difficulties. There is a list of mandatory clauses, the reflection of which is strictly necessary in a specific type of contract.

What you need to know The law establishes the need for a procedure for drawing up an employment contract in the event of an employment relationship. Moreover, this requirement is strictly mandatory.