Employment contract with an employee. Registration of a fixed-term employment contract

An employment contract with an employee serves as the main legal document reflecting the service relationship between the employer and the employee. It is signed by both parties, it contains all the conditions relating to the nature and terms of the employment relationship, the rights and obligations of the parties.

The Constitution of the Russian Federation guarantees every citizen the right to choose a profession and field of activity (Article 37). The employer is obliged to provide conditions that meet hygiene and safety standards. The employee has the right without delay and in full to receive payment for his work.

Important! An employment contract comprehensively protects the interests of the parties, it becomes a guarantee of compliance with the legality of the legal relationship "employer-employee".

It installs:

• the nature of the emergence, development, termination of labor relations;
• duration of the employment relationship;
• rights and obligations of each of the parties;
• the obligation of the employer to ensure working conditions that comply with the provisions of labor legislation, to pay in a timely manner wages.
• the duty of a hired citizen to conscientiously fulfill his duties, observe discipline and the internal regulations of the enterprise.

Attention! The employment agreement is drawn up on the basis of the Labor Code, all clauses must comply with the articles of the latter. This is necessary in order to interpret the situation on the basis of the Labor Code in conflict and contentious situations.

After conclusion employment contract the parties are obliged to comply with the terms of the agreement, according to which they have rights and obligations.

Types of contracts

The agreement is most often signed for an indefinite period of time: this is a regular employment contract, which is most preferable, as it best protects the interests of the employee.

It is concluded with a full guarantee of all the rights of a citizen, in accordance with the Labor Code.

In some cases, a time frame for labor relations is established, it depends on the conditions prescribed in Part 1 of Art. 59 of the Labor Code of the Russian Federation. At the same time, he signs fixed-term contract for a period of less than 5 years (fixed-term or contract).

Such a document does not fully guarantee the legal protection of employees. The employee is not entitled to terminate such an agreement on own initiative, this is allowed only in case of illness, disability or for some other reason.

In addition, the employer reserves the possibility of extending the contract after its completion, that is, the employment relationship can be resumed only at his request.

Unscrupulous employers sometimes use this factor to put pressure on an employee.

Important! Therefore, the law establishes that a fixed-term contract can only be concluded if it is not possible to sign an open-ended one, depending on the nature of the work, working conditions or the interests of the employee.

If, after its completion, a person continues to work in the same place, fixed-term contract becomes indefinite, that is, it is extended for an indefinite period.

Term contracts can be:

1. Precisely agreed on the date (for example, on elective office for a certain period).
2. For a relatively precise period (if the organization is organized to perform certain functions).
3. Urgent (for example, to temporarily replace an absent employee).

By the nature of the relationship:

• concluded at the main place of work (TD-1);
• to combine positions (it is allowed in free time from the main job at the same enterprise, or at another.);
• short-term;
• for seasonal work
• home work.

The following employers may enter into agreements:

• legal entities and IP;
• individuals without registration as an individual entrepreneur.

Classification of agreements on working conditions:

• normal (standard) conditions;
• shift work, with night shifts;
• work in hazardous production;
• work on Far North or in areas equivalent to it.

By scope of work:

• at the main place of work: full-time work at a full rate with the storage of a work book at this enterprise;
• part-time: in free time from the main activity.

Forms of employment contracts

There are established forms of drawing up an employment contract. It should be issued in writing, in two copies: one for each side. Each of them must be signed by the employer and employee.

The employer keeps the document in the employee's personal file, the employee signs the completed sample, which remains with the employer, as proof that he was given the second copy of the agreement.

If a citizen has not reached the age of 14, then the document is signed by his legal representative. Only reliable information about the parties or their representatives should be entered in the text.

Attention! Sometimes it is possible to start work without signing a written document, by verbal agreement. The contract is still considered concluded, but it is required to issue it on paper within three days.

If the employer is individual, not registered as an individual entrepreneur, then when concluding an agreement, it is obliged to notify the local authorities about this (Article 303 of the Labor Code). But the law does not provide for any sanctions for violation of this rule.

Download the employment contract form

Forms of employment agreements can be downloaded from our website. For example, an employment contract with an employee, sample 2018, can be downloaded for free below.

The samples that are given here are considered typical, that is, they meet all the basic standard requirements for compiling this document.

There are no uniform forms provided by law, so the employer can choose any form that suits him best.

Standard contract:

Download in Word format.

Sample of filling out a fixed-term contract:

Download in Word format.

Sample employment contract with an employee without probationary period:

Download in Word format.

IP agreement:

Download in Word format.

Supplementary agreement:

Download in Word format.

What should an employee contract contain?

The Labor Code of the Russian Federation does not establish uniform forms for compiling such documents. A single form is established only for micro-enterprises, that is, small businesses.

Top part document consists of the following information:

1. Full name of the citizen entering the work.
2. Name and details of the employer, including TIN.
3. Place and date of the document.

Condition Information professional activity:

• Profession, position, qualification (according to staffing) and workplace.
• The moment of commencement of work and the duration of the contract.
• Mode of work and rest. Usually, an employee is given the opportunity to work according to a schedule common to the entire enterprise. But individual cases provide for individual, flexible or shift work, part-time, division of the working day into several parts.

An important condition when concluding an employment contract is the duration working week: no more than 40 hours - for adults, 36 hours or less - for employees 16-18 years old, no more than 24 hours - for adolescents from 14 to 16 years old.

• Terms of payment, wages: tariff rate or salary, bonuses, incentives, benefits, compensation for special or harmful conditions.
• Rights and obligations of the employee and the employer.
• Guarantees.
• nature and working conditions.

Important! In the absence of one of these clauses in the text of the concluded contract, the employer may be imposed an administrative penalty in the form of a fine. The labor inspectorate checks the conformity of the text of the document.

If there is a need to make changes or additions, it is required to draw up supplementary agreement.

Additional terms

Additional terms employment contract must comply legislative norms, although they may have a different nature and purpose, depending on the situation.

Under the terms of the Labor Code, the document may contain additional conditions:

• Clarifications about the upcoming place of work: for example, an indication of a separate structural unit and its actual address.
• Trial period and its conditions. Often it is required to check the qualifications and knowledge of the employee when applying for a job.

The term should not exceed three months, for management - 6 months, excluding illness or absence good reasons.

• Delivery to work. This item has great importance when the workplace is significantly removed (for example, for road workers), when the working day starts too early and ends too late (drivers, conductors).
• Clause on non-disclosure of classified information of an official or commercial nature or state secrets.
• A clause on the need to work for a certain period of time at a given enterprise when training an employee at the expense of the employer.
• Conditions of social or health insurance of a mandatory or additional nature.
• The possibility of providing housing. An apartment can be temporary or permanent, provided in the future or right now, capital housing, a separate or shared apartment, a home loan, full or partial payment for rented housing.

In any case, the parties may introduce a clause on the improvement of social and living conditions for the hired person, his family.

• Additional features on non-state pension provision.

In some cases, the labor legislation of Russia and some other legislative acts allow the inclusion of a clause stating that it is possible to conclude an agreement with this employee by other organizations and persons that are not employers under this agreement.

Notification of the conclusion of an employment contract

Many employers have to hire foreign nationals. The procedure for hiring such a person should be accompanied by certain actions, among which is the notification of certain state bodies.

Important! A foreign citizen has the same rights and obligations when applying for a job as a citizen of the Russian Federation. This is guaranteed to him by the legislation of our country.

The conclusion of an employment contract for foreigners has a permissive character. That is, for its conclusion it is required to obtain permits for the attraction and use of foreign work force, a visiting citizen should obtain a work permit.

The rules and procedure for drawing up an agreement are the same as when hiring a citizen of the Russian Federation. One should be guided by Recommendation No. 86 of the International Labor Organization “On migrant workers” (it is advisory in nature) and the Agreement of the CIS countries dated April 15, 1994 (in without fail).

If the hired employee has problems with the Russian language, the document is translated into a language that he understands, although it must be drawn up in Russian.

Additional conditions when concluding an agreement with foreign citizen as important as rights and obligations, all these items are prescribed in accordance with Russian law. The contract must contain all the mandatory clauses required by Article 57 of the Labor Code of the Russian Federation.

It is possible to sign a fixed-term employment contract with a foreign citizen for 1 year. In the absence of grounds for a fixed-term contract, it is possible to conclude an open-ended one.

When signing the agreement, the employer sends notices to the following organizations:

1. Federal Tax Service of the Russian Federation (notification period 10 days).
2. Employment Center (3 days).
3. Federal Migration Service (7 days).

The same notifications must be sent upon termination of the agreement and dismissal of the foreign worker. The same terms for notifying state bodies remain, only the term for notifying the migration service changes - it is 3 days upon dismissal. Notifications must also be sent when the leave is granted.

Attention! If such notification is not sent, the employer will be fined up to 1 million rubles.

The term of the contract is of great importance. The term of the work permit must not be allowed to expire before the term of the employment contract expires. It also threatens with fines for the employer.

To bring the deadlines into line, you need to use Art. 59 TK. Termination of the agreement also has its own special conditions, which must be taken into account.

The procedure for signing an employment contract and its entry into force

The contract can only be concluded with a citizen who has reached the age of 16 years. Sometimes it is allowed to sign it with students 15 years old, sometimes even 14 years old. On the basis of such a document, an order for employment is issued. Its content must correspond to the text of the agreement.

The order is issued within three days after the start of actual work. At the same time, the employee must be familiarized with the conditions of the internal regulations.

The contract is considered concluded after its signing, immediately after both parties have come to an agreement on all points.

From this moment it comes into force (Article 61 of the Labor Code), unless the provisions of the employment contract and laws provide otherwise. This may be reflected in the agreement itself or, if it is not in writing, in the order of employment.

Sometimes the contract comes into force at the moment the employee actually appears at the workplace. The employee is obliged to start fulfilling his labor obligations from the date on the document.

If the term is not specifically stipulated, then it is required to begin their duties on the next day after the document enters into force.

Is it possible to cancel the concluded contract

The possibility to cancel the agreement is provided for in Part 4 of Art. 61 TK. If the employee does not go to his workplace within the prescribed period, the employer has the right to cancel the agreement.

The canceled contract is considered not concluded, that is, it loses its legal force, the parties do not have rights and obligations in relation to each other.

Important! True, in the event of an insured event (illness, injury or other cases determined by law) in the period from the date of conclusion to its cancellation, the citizen is guaranteed all the payments due under this agreement or under compulsory social insurance.

By the way, the employer has the right, at its discretion, to cancel or keep the signed agreement in force.

When canceling a document, an appropriate act is drawn up. Loses its power and order, if it has already been issued. An employee may also refuse to work before going to his workplace.

Finally

The employment contract has crucial in modern labor relations. Therefore, its content, the order of filling, the rules for observing its points should be treated with great attention.

Mandatory and additional clauses can be written in different ways, but the main condition is that they should not create conditions for the employee worse than those defined by the Labor Code of the Russian Federation.

If any clauses or conditions are not included in the text of the agreement, this is not evidence that the employer or hired employee refuses to fulfill their rights or obligations.

There are several circumstances in connection with which the employer needs to prepare notices and inform subordinates about the upcoming dismissal:

• the term of the labor agreement expires (short-term cooperation);
• it is planned to reduce the staff or liquidate the organization (IP);
• the employee is dismissed at the initiative of the employer due to various circumstances, for example, he did not pass the certification and does not correspond to his position;
• there may be other reasons, for example, an employee who has been reinstated in court returns to the workplace.

Let's figure out how notifications should look in the most common situations.

Notice of Termination of a Temporary Employment Contract

You can download a sample notice of termination of a fixed-term employment contract below. At the same time, it must be remembered that the document is always drawn up in writing and must be signed by the head or other authorized person. It must be drawn up in two copies, and on one of them - which will remain with the employer - there must be a signature of the employee confirming that he has read the notice.

If, for some reason, an employee cannot sign a notice of impending dismissal under a fixed-term employment contract, it must be sent by mail with a valuable letter with an inventory and a return receipt, having previously registered in the journal of outgoing correspondence. This will confirm the good faith of the employer if the employee wants to challenge the dismissal decision.

Note that in the case of dismissal due to the expiration of the contract, it does not matter when exactly the employee received the notification. The main thing is that it was directed. This follows from the existing judicial practice(See the Appellate ruling of the Khabarovsk Regional Court dated September 18, 2015 in case No. 33-6154/2015, the Ruling of the Supreme Court of the Republic of Khakassia dated September 22, 2011 in case No. 33-22482011).

Sample notice of termination of a fixed-term employment contract 2019

A small digression about women. If on the eve of the expiration of the fixed-term employment agreement, the employer found out about the pregnancy of the employee, then she cannot be fired. But sending a notification is perfectly legal.

If there is a certificate confirming the pregnancy, you will have to continue cooperation with her, unless the employee herself wishes to leave. It will be possible to terminate the contract only after childbirth. Until then, the employee needs to keep her job.

We terminate cooperation on an indefinite contract

The list of grounds for termination of employment relations is contained in Art. 77 of the Labor Code of the Russian Federation. At the same time, the notice period for terminating the employment contract will differ depending on the reason for which the employee is dismissed. For example, if either the organization is liquidated, these circumstances must be notified no later than 2 months before the date of the actual dismissal. If the employee fails the tests, he is informed about the termination of the contract no later than 3 calendar days before the last working day.

Notice of termination of the employment contract (form)

If the employee refuses to sign for the receipt of the document, the employer draws up an act to record such a refusal. It is advisable to sign it in the presence of at least two witnesses. The act must also be registered in the notification register so that in the event of litigation there is evidence of compliance with all legal requirements.

We inform about the dismissal of a foreigner

When it comes to an employee who comes from another state, employers need to know a certain feature. Notice of termination, prepared for familiarization of the employee himself, is no different from those samples that were given above. In addition, the employment service must also be informed about the upcoming dismissal if the employee is simultaneously studying at a state university, and the Ministry of Internal Affairs bodies that deal with migration registration are required.

Sample notice of termination of a fixed-term employment contract in 2019 at the Ministry of Internal Affairs (FMS)

It is submitted in a special form approved by the Order of the Ministry of Internal Affairs No. 11 of 01/10/2018.

Please note that this form is suitable for notifying the migration authorities of the dismissal of refugees, as well as all foreigners, regardless of what permits they used to conclude fixed-term employment agreements.

Fixed-term employment contracts are often concluded, but they constantly become a source of problems for the employer and / or employee. In this article, we will analyze all the nuances of a fixed-term employment contract in 2019 - what it is, when it is concluded, how it is extended and terminated.

The essence of the contract

When an employer and an employee draw up an employment relationship, the default is indefinite. It is understood that the contract will be in force until there is a reason for dismissal, or the contract is terminated due to external factors that do not depend on the wishes of the parties (for example, the liquidation of an organization or the death of an employee).

But the company does not always need a permanent employee. There is only a need to perform temporary work or replace an absent employee. Then a fixed-term employment contract comes to the rescue.

Grounds for conclusion

In practice, the most common reasons are:

• the need to replace an absent employee (during parental leave or prolonged illness);
• need for seasonal work agriculture or tourism)
• temporary increase in work volume (for example, office stores hire additional salespeople before the start of the school year);
• performance of work that goes beyond the usual activities (install something, put it into operation, dismantle, build, repair, etc.);
• internship/practice.

There are more specific reasons for signing a fixed-term employment contract. You can get acquainted with them in article 59 of the Labor Code of the Russian Federation. The main thing to consider is to correctly indicate the reason for the conclusion, as well as the date when the relationship will be terminated.

Paperwork

You can download forms and samples of fixed-term contracts and all related documents at the end of the article. The employer undertakes:

• draw up an order for employment;
• make an entry in the work book;
• register an employee's personal card.

Everything is recorded in the order. important points, including the date of completion of the contract, which will be discussed later. The position, date of entry to work, salary, personnel number, etc. are certainly indicated. The entry in the work book looks standard. The fact that the employee will work temporarily does not need to be emphasized.

In the personal card of the employee, drawn up in the T-2 form, in the field "Nature of work" it should be noted that this person will work in the organization temporarily. In the section "Employment, transfers to another job" you need to write the same wording that was indicated in the work book.

Terms of conclusion

A fixed-term employment contract is concluded for a period of not more than 5 years with all extensions and additional agreements. It certainly prescribes the reason for the conclusion - one of those given in Article 59 of the Labor Code. And if a fixed-term employment contract is concluded incorrectly or is not terminated in due time, it can turn into an indefinite one.

However, this is only the upper limit. Here is how long such contracts are usually drawn up:

The moment of termination is important to register correctly. Below we will look at a few common mistakes to show how it's done.

1. When replacing a temporarily absent employee

Key points:

• a person is accepted to replace a specific employee whose position and full name are prescribed in a fixed-term employment contract;
• a regular employee retains his place and staff unit;
• a temporary employee performs his duties during the absence of a permanent employee.

Let's take classic example- decree. You can come across the following phrase “The employment contract was concluded to replace the temporarily absent Ivanova P.P., who is on parental leave. The contract is valid until the end of the parental leave for Ivanova P.P.

It would seem that everything is provided. However, the moment has been missed that the maternity woman can go on a part-time job, officially still remaining on maternity leave. The employer will be in a difficult position. He cannot refuse the maternity leave for part-time work, as by doing so he will violate her rights. And he can't fire a temporary employee, because formally, parental leave hasn't ended yet.

Therefore, it is better to write “during the absence of Ivanova P.P.” You can indicate that she is on maternity leave, but do not emphasize that the employment contract is terminated at the end of this leave.

2. To do a specific job

Key points:

• if known exact date completion of work, indicate it as the date of termination of the contract;
• if the date is unknown, then we write that the employment relationship will end as soon as necessary work will be completed (for example, an act of completed work will be signed).

The main complication that arises with such contracts is when something went wrong and the work was not completed on time. That is, according to the terms of the contract, it should already be terminated, but the employer still needs the employee.

There are several options here:

1. Conclude a similar fixed-term contract. The problem is that if such contracts are concluded over and over again, then the employee through the court can achieve that the employment contract is recognized as open-ended.
2. Conclude a new fixed-term contract. That is, earlier the subject of the contract was works A, but now they have concluded a contract for the performance of works B. The problem is that it is not always possible to conclude a contract for new types of work, because. a person is expected to fulfill the same obligations.
3. Conclude an additional agreement on the extension of a fixed-term employment contract. Usually in court this is not considered a basis for recognizing the contract as open-ended, so the employer is safe here. See a sample of such an agreement at the end of the article.
4. Extend the term of the fixed-term contract. An extension usually implies that the employment contract becomes indefinite, but there are also exceptional cases.

For example, you cannot terminate a fixed-term employment contract with a pregnant employee. The contract is automatically extended until the end of the pregnancy. If the employee has given birth to a child, then the dismissal is issued after the end of the maternity leave in accordance with sick leave. If the employee had a miscarriage or had an abortion, then she can be fired within a week from the day the employer became aware of the termination of the pregnancy.

In addition, there may be specific grounds for extension. For example, they hired an employee to replace a maternity leave, maternity leave ended, but the employee did not go to work, but went on sick leave. In this case, it will be permissible to extend the fixed-term employment contract of the replacement employee for the duration of her sick leave through an additional agreement.

Dismissal under a fixed-term employment contract

In general, a fixed-term employment contract can lead to one of the following outcomes (see diagram).

The procedure for dismissal under a fixed-term employment contract is not much different from the usual termination of an employment relationship. The employer must send the notice of termination of the contract to the employee no later than three days before the expected date of dismissal. The only case when he is exempt from this is when the contract is terminated because the permanent employee went to work. In such a situation, the employer does not always know this in three days, therefore, is not able to notify the temporary employee. But here there are two nuances.

1. Don't rush

Let's say the main employee said that he would return to work from May 15th. The employer decided that on May 15 the position would be occupied by the main employee, and therefore terminated the employment relationship with the temporary employee on May 14.

And then the permanent employee changed his mind and could not leave on the specified date (employees on maternity leave have such a right). Then it turns out that the temporary employee was fired illegally - the basis for his dismissal has not yet come.

2. Don't hesitate

Imagine the opposite situation - the main employee went to work and began to work, but at the same time, the temporary employee also continues to work. labor activity. Neither the employer nor the temporary employee does anything. In this case, the fixed-term contract automatically becomes open-ended.

Therefore, we act like this. If possible, we warn the employee about the termination of the employment contract at least 3 days before the expected date. But we do not start the termination process until we make sure that the main employee has really returned to work.

Electronic Claims for Taxes and Contributions: New Referral Rules

Recently, the tax authorities have updated the forms of claims for payment of debts to the budget, incl. on insurance premiums. Now the time has come to correct the procedure for sending such requirements to the TMS.

Pay slips do not need to be printed.

Employers do not have to give employees pay slips on paper. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods by bank transfer, the seller is obliged to send a cash receipt to the buyer-physicist, the Ministry of Finance believes.

The list and quantity of goods at the time of payment is unknown: how to issue a cash receipt

Name, quantity and price of goods (works, services) - mandatory details cash receipt(BSO). However, when receiving an advance payment (advance), it is sometimes impossible to determine the volume and list of goods. The Ministry of Finance told what to do in such a situation.

Medical examination for working at a computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of the working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace according to working conditions.

Changed the operator of electronic document management - inform the Federal Tax Service

If the organization has refused the services of one electronic document management operator and switched to another, it is necessary to send the TCS to tax office electronic notification of the recipient of documents.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the simplified tax system, unified agricultural tax, UTII or PSN (with the exception of certain cases), there is a restriction on the permissible validity period of the fiscal drive key used by the cash register. So, they can only use fiscal accumulators for 36 months. But, as it turned out, while this rule does not actually work.

Fixed-term employment contract: sample

In the field of working relations, the conclusion of a fixed-term contract is not uncommon. The reasons for signing it can be very different. These include the need to perform seasonal work, a temporary increase in staff or replacement staff. Ignorance by employers of the intricacies of drawing up a fixed-term employment contract often leads to litigation. Therefore, it is worth considering the nuances of his conclusion. At the end of the article, you can download a fixed-term employment contract sample of 2017.

How long is the agreement

The legislative framework is Article 59 of the Labor Code of the Russian Federation on a fixed-term employment contract. Regulations regulate the circumstances in which it is relevant. An equally important question is how long a fixed-term employment contract is concluded.

Important! The maximum duration of a fixed-term employment contract is 5 years.

Termination business relations takes place at the end of the agreement. In this case, it is considered to have exhausted its force. It is also possible to terminate a fixed-term employment contract at the initiative of an employee or employer earlier than the established date.

In what situations is the contract

As already mentioned, under Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded for a period of not more than 5 years. Unlike an open-ended agreement, the document indicates the end date of the working relationship. It is understood that the employee is hired for a certain period of time to perform specific duties.

There is a list of situations when the conclusion of an open-ended employment contract is impossible. Among those:

1. Performing seasonal work. It could be harvesting or passenger traffic. Maintaining a full staff throughout the year is not economically feasible.
2. Performing temporary work. As an example, a set of promoters for an advertising campaign.
3. Performing work that is not part of the functions of the enterprise. This may include legal assistance in litigation, the creation of an Internet resource or repairs. In such a situation, you can either contact a specialized company or find temporary workers.
4. Search for a replacement for an employee going on maternity leave. In such a situation, a fixed-term employment contract and the employee's pregnancy are directly related. By law, the place must be reserved for her until the end of the vacation.

All these circumstances are grounds for concluding a fixed-term employment contract. When the period specified in it comes to an end, dismissal follows. Otherwise, the guarantees and rights granted to employees under a fixed-term employment contract do not differ from the rights and guarantees for the rest.

Temporary executors are provided with the same wages, the opportunity to take a vacation and work a standardized day. They are subject to the same local regulations. They are generally provided with overalls and personal protective equipment.

Can a temporary contract turn into an indefinite one?

With temporary employment, a natural question arises: is it possible to extend a fixed-term employment contract? In fact, the Labor Code does not contain a description of such a procedure, but does not prohibit it either. The decision to extend must be documented.

In this case, there are three options:

• preparation of an additional agreement;
• making changes to the current contract;
• further performance of their functions (the employer pays wages, and the employee copes with his duties), then the urgency provision is canceled by itself.

In order not to require the re-conclusion of a fixed-term employment contract, an additional agreement is drawn up. Such a measure allows you to legally extend the validity of the conditions for a certain period. The supplementary agreement contains new date the end of the working relationship, the seal of the Russian organization and the signatures of both parties are affixed.

Important! The additional agreement is attached to the main one and is kept together with it.

Before applying for an extension of a fixed-term employment contract, a citizen is required to write an appropriate application. Then the employer will issue an order with the appointment of an employee for a certain period.

If the manager is satisfied with the cooperation, an open-ended contract is concluded with this employee. You can also use the additional agreement and make changes to the conditions.

Another way is to continue the working relationship in in due course. The employer continues to transfer wages, and the employee continues to fulfill his duties. Although the condition regarding urgency is cancelled, in general the relationship is governed by the same agreement.

Read also: Can I be fired retroactively?

Is probation worth it?

By law, a probationary period for a fixed-term employment contract is permissible. However, there are recommendations for its duration:

• employment up to 6 months - 2 weeks;
• employment in responsible positions - 6 months;
• civil servants - from a month to a year;
• in other cases - 3 months.

For a certain circle of persons, a probationary period with a fixed-term employment contract is not established. Among them are pregnant employees, underage citizens, persons transferred from another manager and others.

How is the layoff

Dismissal under a fixed-term employment contract occurs at the end of its term. In addition to this, the main reason, there are other reasons. Among them are the performance of the work for which the employee was involved, the return of the main specialist, or the completion of the work season.

The employee must be notified of the upcoming dismissal no later than 3 days in advance. Moreover, the notice of termination shall be sent in writing. The exception is when a temporary specialist replaces the main employee. Here, the termination of a fixed-term employment contract will occur without prior notice. It will be terminated on the day the main employee leaves.

After paying the salary in full, we can talk about the termination of the fixed-term employment contract. Three days before the employee is sent a notice of the end of cooperation.

Termination of an employment contract at the initiative of the employer

Sales manager job description

Application letter for appointment

Warehouse manager job description

Sample job description chief accountant 2017

Sample minutes of parent meeting in kindergarten

Sample of an indefinite employment contract

Form of a fixed-term employment contract (sample 2017)

Region: Russian Federation

A fixed-term employment contract is a special form of agreement between an employee and a company, since it necessarily has a certain expiration date. By general rule contracts with employees are ongoing, with no predetermined termination date. And only such, urgent, contracts in this series stand apart. Let us consider the features of such special cases.

When is a fixed-term contract with an employee possible?

Based on everyday logic, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months - look at the result and at the end of these months decide whether to cooperate further or not. It would seem that it is easier - we conclude a contract for 4 months - and it's in the bag! However, labor law departs from such everyday logic and tells us that there are a very small number of conditions that can cause an urgency in the contractual relationship between the employee and the employer. All of them are defined in Article 59 Labor Code Russia. Please note: only in these cases established by the Labor Code of the Russian Federation, it is possible to conclude a fixed-term employment contract.

1. If a person is hired during the absence of another employee. The most common situations of this kind are a woman on maternity leave or an employee on long-term treatment.
2. If the work is initially temporary and does not imply a period of more than 2 months. For example, if people are recruited for a specific short-term project.
3. If it is seasonal work due to climate or natural conditions region. Example: catching spawning fish, picking forest mushrooms/berries, harvesting vegetables, and so on.
4. If we are talking about work in an elective position, where a person is elected for a known specific period.
5. If it's an internship.
6. If employees are hired by an individual entrepreneur, as well as a legal entity - a small enterprise (with a staff of up to 35 people).
7. If this work is not the main one for a person, but part-time.
8. And in some other specific situations (see the same article 59).

Also, the conclusion of a fixed-term employment contract of the 2017 model is legitimate with certain categories of people and professionals: pensioners, creative workers, top managers and chief accountants, and others. In other cases, except for those that are directly indicated in the same article 59 of the Labor Code, you need to draw up a regular, open-ended contract with an employee. If the company concludes a contract for a certain period for reasons that are not indicated there, the employee can easily go to court. And the courts in such cases take the side of the person, eventually recognizing the contract as open-ended. And the employer receives a fine for violating labor law.

Features of a fixed-term employment contract

In general, it is not much different from the standard. It has one nuance - in fact, an indication of the period of relations between the parties. A fixed-term employment contract is concluded for a period determined jointly - but subject to the conditions that we talked about a little higher. When determining the term, of course, it is necessary to take into account the reason for the urgency - so, if an employee came to work instead of a maternity leave, then this one can hardly be longer than the term of the decree. And if this is a seasonal job picking mushrooms, then such an agreement, logically, cannot last longer than November.

Term contract form

As mentioned above, the sample of a fixed-term employment contract with an employee in 2017 does not fundamentally differ from the usual one, except for indicating the validity period in it. Therefore, to draw up such a document, you can take as a basis any other contract with an employee, adding a mandatory clause to it, for example, this: in connection with being on parental leave until the child reaches the age of three years). The date of commencement of work under this contract is 01/01/2017. The date of termination of the employment contract is the date of entry into work of Ivanova S.P.

In other aspects, such an agreement is similar to an indefinite one. There is one more condition that should be taken into account when working with such contracts - the condition of a probationary period for an employee. The fact is that for short-term contracts there are features here:

• if the term of the contract is up to two months, then there can be no probationary period, this is illegal;
• if the term of the contract is from two to six months, then the trial period should not be longer than 14 days.

Check out our selections: Employment contract

Sample fixed-term employment contract with an employee 2017

We draw up a fixed-term employment contract - a sample for 2016

Fixed-term employment contract — sample any employer may need it - it is concluded for a certain period. However, fixed-term employment contract sample 2015-2016, there are a number of differences from the usual open-ended employment contract.

Features of a fixed-term contract

Art. 58 of the Labor Code of the Russian Federation points to 2 possible options employment contracts:

• for an indefinite period of time;
• within the specified period.

Read also: The statute of limitations for non-payment of wages

These variants of contracts are combined by the rights of the employee prescribed in them and the guarantees that the employer is obliged to provide to him. The employee, in turn, must obey the rules of the internal work schedule and conscientiously perform their functions. A fixed-term contract, like an open-ended contract, can be changed.

special situation conclusion of a fixed-term employment contract becomes for the following reasons:

• Possible grounds for its registration are determined by law and should be given in the text of the contract (Article 57 of the Labor Code of the Russian Federation).
• The term of the contract cannot exceed 5 years and must be indicated in the text.
• It is allowed to requalify the contract into an open-ended one (Article 58 of the Labor Code of the Russian Federation) when:
  • failure to indicate in the text the grounds for concluding such an agreement or the non-compliance of this ground with the restrictions established by law;
  • the absence of a reference in the text to the validity period or the continuation of work after the expiration of the period established for the contract.
• The duration of the leave due to the employee is calculated on the basis of 2 working days for each month of work with a fixed-term employment contract of up to 2 months (Article 291 of the Labor Code of the Russian Federation).
• The condition for establishing a probationary period is subject to its own rules (Article 70 of the Labor Code of the Russian Federation).

Employment for a fixed period, as well as with an indefinite contract, is issued by order. The content of the order must comply with the data of the employment agreement. If there are discrepancies in these documents, the text of the agreement shall prevail.

Read about the features of issuing an order when applying for a temporary job in the material "Unified form No. T-1 - download the form and sample" .

Grounds for concluding a contract for a fixed period

The grounds that allow the conclusion of a fixed-term contract are divided into 2 groups (Article 58 of the Labor Code of the Russian Federation):

• mandatory, in which the nature or conditions of work do not allow the establishment of other relationships;
• voluntary, when parties to the agreement can be persons of certain categories.

The first group is formed by such situations (Article 59 of the Labor Code of the Russian Federation):

• replacement of a temporarily absent employee;
• the work is temporary (no more than 2 months) in nature;
• performance of work is tied to a certain season;
• the employee is sent abroad;
• the work is not usual for the employer, but is associated with the reconstruction of production and is obviously temporary;
• the legal entity-employer was originally created for a certain period of time or for some kind of work;
• the result of the assigned work cannot be tied to a specific date;
• work during practice, vocational training, internship;
• election to an elected body, to an elective position or employment providing for the activities of such bodies;
• temporary or public work in the direction of the employment service;
• alternative civilian service.

The second group includes (Article 59 of the Labor Code of the Russian Federation):

• persons entering work for employers that are SMEs with up to 35 employees, and for those employed in retail or the sphere of consumer services - up to 20 people;
• old-age pensioners and persons who, for health reasons, are not capable of permanent work;
• persons moving to work in organizations located in the Far North or in areas equivalent to it;
• persons involved in work intended to prevent, eliminate or eliminate the consequences of emergency situations;
• persons who have taken office as a result of a legally necessary competition;
• creative workers according to the list approved by the Government of the Russian Federation;
• heads of legal entities, their deputies and chief accountants;
• persons studying full-time;
• crew members of all types of vessels registered in the Russian International Register;
• workers registered on a part-time basis.

The following options are also possible:

• If it becomes necessary to replace the second absent employee with the same temporary worker, then you can conclude 2 fixed-term contracts with him (one of which will be an agreement with a part-time worker) or make changes to an existing one by issuing an additional agreement to it on replacing 2 employees at the same time.
• Possible acceptance temporary worker to replace an employee who was hired under a fixed-term employment contract, but for some reason will be temporarily absent from work. Here, the grounds for termination of the contract will be the return to work of any of the replaced employees.

Trial in the case of a fixed-term contract

The establishment of a probation period for a fixed-term contract, as well as for an indefinite one, is not mandatory. But if there is an intention to install it, then you must remember that:

• it is not set for a contract period of up to 2 months.
• it cannot be more than 2 weeks with a contract term of 2 to 6 months.

The condition for the establishment of the test must be fixed in the contract.

Termination of a fixed-term contract

If there are no grounds for re-qualifying the contract as open-ended, then its validity will expire:

• within the period specified in the text (clause 2, article 77 of the Labor Code of the Russian Federation), about which the employee must be warned at least 3 days in advance (article 79 of the Labor Code of the Russian Federation), if the contract is not related to replacing an absent employee;
• with the onset of an event to which the term of the contract is attached (Article 79 of the Labor Code of the Russian Federation): the employee who has been replaced, the end of the season or the assigned work.

Exceptions may be situations related to pregnant women whose contract expires during pregnancy (Article 261 of the Labor Code of the Russian Federation):

• at the request of the employee, the contract may be extended until the end of this state;
• if pregnancy requires a transfer to another job corresponding to the woman’s condition, and the employer has nothing to offer or the woman does not agree to this job, then the contract is terminated before the end of the pregnancy.

Just like a contract that is valid without a term, a fixed-term contract can be terminated on other grounds specified in Art. 77 of the Labor Code of the Russian Federation, for example, by agreement of the parties or at the initiative of the employee, due to changes in the essential terms of the contract, in connection with disciplinary action or with any external circumstances.

About what claims may arise against the employee in relation to labor discipline, read the articles:

Sample contract for a fixed period

An employment contract is a document that does not have an established form, but implies the obligation to include a certain set of information in it. Employers can independently develop the form that they will apply.

For fixed-term and perpetual contracts, the data, the presence of which is mandatory in the text, largely coincide. Therefore, they are often used general form, providing in it the sections necessary for filling out under fixed-term contracts.

An example of a fixed-term employment contract: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to plant beds, fertilize, plant strawberries, take care of them every day in order to eventually get good harvest. One, of course, can not cope, helpers are needed. Hundreds of people who want to help run to you in a crowd, for a purely symbolic and modest monetary reward.

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

Grounds for concluding a fixed-term employment contract

For what period is

The maximum term of a fixed-term employment agreement is five years, the minimum period is not limited ().

Features of a fixed-term employment contract

One of the features is the obligation to indicate the reasons for which a contract is concluded with a limited time frame. offers complete list grounds on which a fixed-term employment agreement is concluded. If there are no grounds for its conclusion in the text of the document, then by court it can be recognized as unlimited ().

You must specify an end date or designate an event that means the end of work ().

Trial under a fixed-term employment contract

Test in this case depends on the term of the contract. If the period is less than two months, the trial period is not established ().

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

Fixed term contract and pregnancy

Yes, it happens that way too ... 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. That's when she gives birth to a baby, you can say goodbye to her, but until that moment - you can’t.

However, options are also possible. If, instead of a certificate of pregnancy, a girl brings a form of a temporary disability sheet established by law, where pregnancy is indicated in the justification for its issuance, as well as a statement about her desire to go on paid leave (it does not matter at all how long she has worked for you, at least 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 with a temporary contract

Persons who have issued a temporary labor contract, have the same rights as persons who have fixed industrial relations indefinitely.

Therefore, if the term of the temporary work agreement allows the employee to take annual paid leave, rest is granted 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 on a temporary basis. labor agreement. You can download a free sample of a fixed-term employment contract with an employee for 2019 below.