The provisions of the current legislation for the employer establishes the need to sign a labor agreement with each employee hired. From how correctly this document is drawn up, it depends on whether any misunderstandings and problems subsequently arise between the parties. The conclusion of an employment agreement provides for a number of important nuances, which, in particular, include the period of time for which the said agreement is concluded. So, let us consider in more detail the question of how long an employment contract can be concluded.
Terms for concluding an employment contract
Contained in Art. 58 of the Labor Code of the Russian Federation, the provisions determine for how long an employment contract can be concluded, namely:
- for an indefinite period;
- for a certain period, the duration of which cannot be more than five years (fixed-term labor contract).
If the contract did not stipulate the period of its validity, it should be considered that it was concluded for an indefinite period. In a situation where neither of the parties has put forward a demand to terminate the contract due to the expiration of the contract and the employee continues to carry out his labor activities, the condition for urgency of the contract becomes null and void and the agreement is automatically considered drawn up for an indefinite period of time.
The conclusion of a fixed-term labor contract is carried out exclusively in the manner and in cases provided for by the provisions of Art. 59 of the Labor Code of the Russian Federation. More details on how long a fixed-term employment contract is concluded will be described below.
Indefinite Contract
Considering the question of how long an employment contract can be concluded, it is worth emphasizing that an employment contract that is executed for an indefinite period is the most common type of labor agreement. This situation is caused by the fact that the vast majority of types of modern labor activity can be regulated with a high degree of efficiency by the standard provisions of such a contract.
If it is assumed that the contract is executed for an indefinite period, then it should contain such provisions as:
- conditions under which the contract can be terminated;
- direct procedure and required termination conditions;
- time periods during which the parties must be notified of the termination of the contract;
- the procedure and conditions for accruing final payments to the employee;
- the procedure for receiving / transmitting valuables (if necessary);
- reporting procedure (if necessary).
In all other respects, such an agreement must meet the general rules for executing employment contracts and contain standard conditions.
Fixed term contract
A contract drawn up for a certain period of time is called an urgent one. As a rule, such agreements are concluded in cases when:
- this is necessary in connection with the nature of the work and the specific conditions for its implementation;
- this is subject to agreement by the parties.
Analyzing the question of how long an employment contract can be concluded with an employee, it should be noted that the labor legislation establishes an exhaustive list of grounds for concluding a fixed-term contract. As stated in art. 58 of the Labor Code, a labor contract executed for a certain period without any sufficient reason for this should be considered executed for an indefinite period.
In practice, the most common of the above grounds are the conclusion of contracts:
- for the period of fulfillment of labor duties of an employee who is absent, but whose place is preserved;
- having a temporary character and lasting no more than two months;
- seasonal work;
- with managers, deputies of the latter, as well as chief accountants;
- when working involving multiple jobs;
- with working retirees.
Expiration of a fixed-term contract
How to establish fixed in Art. 79 of the Labor Code of the Russian Federation by provisions, an urgent labor contract is subject to termination after the expiration of its validity period. The employee must be informed about the occurrence of this event by a special written notice sent by the employer three days before the future dismissal.
The legislation also defines such features for the expiration of a fixed-term contract, such as:
- a contract concluded for the period of performance of a particular work is terminated after the work is completed;
- an agreement concluded for the period of fulfilling the duties of an employee who is absent is terminated after the latter again takes up his duties;
- the contract concluded for the period of seasonal work is terminated at the end of the indicated period.
Probationary employment contract
Considering the question of how long an employment contract can be concluded for a probationary period, it should be noted that the labor legislation does not provide for specific rules in accordance with which an employee must be employed for a probationary period.
This right is delegated to the employer and, accordingly, is regulated by various regulatory acts of a local nature - orders on personnel, staffing, etc. Basically, hiring employees for a probationary period is practiced in various state and municipal organizations. In organizations of a commercial orientation, the probationary period is applied, as a rule, to employees who do not have experience in the specialty.
It should be noted that the standard labor contract for a trial period must contain such necessary conditions as:
- duration of the trial period;
- test procedure;
- terms of payment for labor activity in a given period;
- conditions and procedure for termination of the contract due to failure to pass the trial period.
Employment contract with a manager
Considering the features of the registration of employment contracts, it is worth paying attention to the following question: for how long can an employment contract be concluded with the head of the institution?
The provisions of labor and civil law allow the possibility of concluding with the head of both a fixed-term employment contract and an agreement for an indefinite period.
A fixed-term employment contract is concluded if the term of office of the director is fixed in the constituent documents of the organization. In addition, a fixed-term contract may be concluded in such cases when:
- the decision on the appointment or election of an entity to the position of manager stipulates the term of this appointment;
- there is an agreement between the organization and its head, concluded for a certain period of time.
When examining the question of how long an employment contract can be concluded with a manager, it must be borne in mind that since, according to the legislative provisions (Article 58 of the Labor Code), the duration of a fixed-term agreement cannot be more than five years, then, accordingly, the term of office of the manager does not may last longer than the indicated period.
Collective agreement
Studying the question of how long an employment contract can be concluded, it is necessary to mention such a thing as a collective agreement. The legislation will define this document as a normative act concluded by the employer and employees (represented by their representatives), through which the regulation of social and labor relations in the organization is carried out.
The parties determine the structure of the collective agreement and its content, which includes, in particular, such issues as:
- forms, system and size of remuneration;
- labor time and rest time ;
- guarantees and benefits to employees;
- other issues identified by the parties.
Legislative provisions (Article 43 of the Labor Code) establish for how long a collective labor contract is concluded. In accordance with these provisions, a collective agreement may be concluded for a period the duration of which does not exceed three years. The collective agreement comes into force from the moment when the parties signed it, or from the moment stipulated in the collective agreement.
Labor contract in Russian Railways
If we talk about how long an employment contract may be concluded in Russian Railways, it must be understood that labor relations in Russian Railways are governed by the provisions of the current labor legislation. Accordingly, the conclusion of labor contracts with both management and ordinary employees of this organization is carried out in accordance with the provisions of Art. 58 taking into account the specifics of the direct labor activity of an employee.
conclusions
So, based on the foregoing, it can be stated that the bulk of the standard labor contracts are concluded for an indefinite period. The execution of labor contracts for a specific period can be carried out solely on the grounds determined by the provisions of labor legislation. Thus, if the term and grounds for establishing such a term are not indicated in the employment contract, then this contract is regarded as concluded for an indefinite period of time.