Formal relations between the employee and the employer begin at the time of the conclusion of the employment contract. Its signing guarantees the parties protection of their interests in the course of labor activity. The duration of the contract depends on what type of contract it is and for the performance of what labor functions it is concluded.
Types of Employment Contracts
The Labor Code provides for the conclusion of a contract for a specific period agreed upon by the parties (fixed-term contract) or indefinitely.
The type of contract is determined taking into account the employment of the employee, as well as the conditions that are the reason for signing the labor contract. For example, the organization’s staff may not have a position, and the employee will replace an employee who is temporarily unable to carry out their labor activities. The type of contract may depend on seasonality, on whether the employee has the main position or whether he combines it with another.
When the parties to a labor relationship enter into a fixed-term employment contract, it is important to remember that, in accordance with the law, the validity of an employment contract concluded for a specified period cannot exceed five years. The specific period for which the contract is concluded will depend on the intended work, however, in any case, the employee must be notified on what conditions and for how long this document is concluded.
The timing
Basically, the term of the contract acts as the main condition when concluding the contract between the employee and the employer. It follows that if the contract stipulates the term for concluding the contract between the employee and the employer, then such a document is considered urgent. It is important to consider that after the expiration of its validity the agreement between the parties may be terminated.
The dismissal of the employee occurs after the expiration of the period specified in the employment contract, and the corresponding notification will be sent to the employee. Any party to the employment relationship may initiate termination of the contract. On the day recognized as the last worker, a calculation will be made with the employee, and a work book will be issued to him.
Upon the expiration of the contract, which is indicated in it, if the parties continue the employment relationship, they thereby extend the contract on an unlimited basis. This extension is made out by renewing the contract without specifying the date of its expiration. Since it is impossible to change the period that is prescribed in the document at its conclusion, according to the legislation.
However, there is a slight exception. So, on the basis of Articles 261 and 332 of the Labor Code of the Russian Federation for pregnant or pedagogical staff, the term of the contract can not only be extended, but also renewed.
If the labor contract does not provide for a term for its conclusion, then such a contract shall be considered unlimited, that is, concluded for an indefinite period. According to the Labor Code, the conclusion of labor contracts without specifying a deadline is considered the norm. Such a document for a certain period is concluded only if necessary. The reasons why the document is terminated do not depend on the duration of its validity. An exception may be an employment contract that provides for the establishment of a probationary period for an employee.
General procedure for termination of the contract
If the employer is not satisfied with the qualification of the employee or his skills, he may express a desire to terminate the contract after the trial period. In this case, the employer is obliged to notify the employee accordingly in three days. Also, the employee may terminate relations with the employer.
The time limit for signing an agreement on termination of an employment contract is directly dependent on who initiated this termination. The contract expires on the day when the parties agree to terminate it and sign this agreement.
Termination of the contract at the request of the employee
If an employee of his own free will wants to terminate the employment contract, then he undertakes, in accordance with the law, to inform the employer two weeks before the proposed dismissal in order to enable him to find another employee to perform these labor functions. By agreement with the employer, this period may be reduced.
In addition, if an employee wants to quit before the probationary period has passed, then he has the right to notify his superiors in only three days. Among other things, if an application for dismissal was submitted to an employee due to the impossibility of further employment, for example, retirement, the employer cannot terminate the employment contract at a different time than that specified in the employee's application for dismissal.
Termination of the contract at the request of the employer
The employer may terminate the contract. In this case, the contract expires only after three days from the date of notification of the employee about the reasons for dismissal. The reasons why the employer can fire an employee are established in article 81 of the Labor Code of the Russian Federation. However, the law seeks to protect the interests of workers. Therefore, the employee can be dismissed only if there are good reasons for this with full compliance with the established procedure.
Other factors due to which the employment contract may be terminated
In addition to the initiative of the employee and the employer, the contract may be terminated for reasons beyond the control of the parties to the agreement. All these factors are reflected in Art. 83 of the Labor Code of the Russian Federation. These include natural disasters, wars, accidents, as well as other conditions that cannot be subject to the parties to the labor agreement.
The article examined information on how long the validity of the agreement agreement should be.