Russian employers can hire specialists on the basis of a fixed-term contract. The peculiarity of this contract is that it is drawn up for a limited amount of time, therefore the clauses of the agreement specify the exact period during which the employee must fulfill his job duties. The use of this type of contract has many advantages for employers. But in order not to violate the conditions of labor legislation, it is necessary to understand well how such a contract is drawn up, extended and terminated.
Legislative regulation
The basic requirements for hiring citizens and terminating contracts with them are prescribed in the Labor Code. A fixed-term contract can only be drawn up for certain types of workers. At the same time, the terms for the implementation of work are precisely prescribed in it.
When registering labor relations, one should be guided by the provisions of Art. 56 shopping mall. An essential condition for such an agreement is the term of a fixed-term employment contract. It is lawful to use this contract only if it is not feasible to draw up a perpetual contract.
It is not enough only the wishes of the employer and employee to draw up a contract for a certain period of time, therefore there must be a reason listed in the legislation. If this requirement is not taken into account, then when an employee applies to the court, such an agreement may be invalidated. Additionally, when drafting, it is advisable to use a sample fixed-term employment contract so that it contains the necessary information.
Benefits of derivatives contracts
For employers, the application of such an agreement brings many benefits. These include:
- managing specialists working for a limited period of time is much simpler than full-time employees;
- it is possible to motivate such a specialist by the possibility of extending the contract or transferring it to a perpetual agreement;
- the dismissal process is considered simplified;
- if the fixed-term contract is not renewed after its expiration, the employee will not be able to challenge such dismissal in court or to complain to the labor inspectorate;
- it is easy to get rid of incompetent employees, who, at the same time, may belong to socially vulnerable categories of the population.
If during the term of this contract the employee announces her pregnancy, then the employer has to renew the agreement, but at most until the end of maternity leave. For the employees themselves, this method of applying for a job is considered not too attractive.
If the employer makes a mistake in the process of concluding a fixed-term contract, then in court such an agreement may be recognized as unlimited.
Features of the agreement
The nuances of the formation of this contract include:
- it is lawful to conclude it if there are objective and valid reasons for which there is no opportunity for the formation of a standard perpetual contract;
- an agreement cannot be drawn up for a period exceeding 5 years;
- if the text does not contain information about when the labor relationship between the parties ends, then such a contract is recognized as unlimited;
- if the term of the fixed-term employment contract is indicated that exceeds 5 years, then such an agreement is easily recognized as invalid;
- termination of relations with a fixed-term employee is possible after the termination of the agreement or due to various violations by the specialist.
Three days before the contract expires, the employer is required to notify the employee that the agreement will not be extended. If this is not done, then automatically such an agreement is recognized as perpetual.
Who is allowed to make up with?
Forming such an agreement is not permitted in all situations. It is optimal to use a fixed-term contract in a situation where specialists are required to perform specific work, after which there will be no need for their services.
The most common agreement with employees is:
- Seasonal specialists
- employees sent for a certain period of time to another country or to a branch of the company;
- citizens who carry out certain work during a specific period;
- teachers working only during the competition period;
- people hired to perform work that does not have any relation to the main activity of the company;
- people who replace other employees on sick leave or maternity leave.
All of the above parameters must be proved by official documents. If a fixed-term contract is concluded with a person who can be taken on a permanent job, then this is considered a significant violation of the Labor Code, so the head of the company may be held administratively liable.
What is the term?
Since the contract is called urgent, it can be concluded only for a limited time period. The most urgent labor contract is concluded for a period of 5 years. The legislation does not contain information on what is the minimum period of its validity. Therefore, it is allowed to form an agreement even for one day. But under such conditions, it is considered more appropriate to draw up a contract or a contract for the provision of services for a fee.
If at the moment of termination of the agreement both parties did not express a desire to terminate the agreement, then it automatically becomes unlimited. Such a contract can be extended for a limited period only for pregnant women, but they are required to confirm pregnancy with official certificates from the LCD.
A fixed-term contract is concluded for a period during which any work needs to be completed. If there is not enough time, you will have to form a new agreement. But the requirement is taken into account that if this document is repeatedly signed with the same employee, then it is advisable to sign an unlimited contract. If an employee goes to court, then this procedure will be performed forcibly.
Type and form of document
When drafting an agreement, it is important to consider some of the requirements of the law. It is optimal to use a sample fixed-term contract. When forming the document, the rules are taken into account:
- drawn up exclusively in writing;
- it must bear the signatures of both parties;
- the company’s seal is placed at the end;
- the sections are the same as in the preparation of the standard contract, therefore, information is provided on the subject of the agreement, the rights and obligations that are vested in the parties, the duration of the document, the guarantees provided to the employee and the compensations paid;
- additionally prescribed work schedule of a specialist;
- indicates his right to rest.
Particular attention is paid to the deadline. Foggy and opaque formulations are not allowed, for example, a “three month” contract is drawn up, so the exact date when the employment relationship is terminated should be indicated. Below is a sample of a fixed-term employment contract, on the basis of which you can create your own document.
What documents are required from the employee?
Even if a contract is drawn up for several days or weeks, it is necessary to correctly execute specialists for work. Therefore, a fixed-term contract is concluded upon receipt of documentation from a potential employee:
- passport;
- employment history;
- SNILS;
- men must hand over a military ID;
- documents confirming that a citizen has a certain qualification, therefore they are presented with certificates, diplomas or certificates of completion of various courses.
It is allowed not to draw up an application for employment. As soon as an urgent labor contract is signed under the Labor Code of the Russian Federation, a special order in form T-1 is issued by company management. It is provided to the employee for study for three days, after which he puts his signature on it. In the column of the order, where all the conditions of the employment relationship are indicated, it is mandatory to indicate by which date the contract is valid. Often information about the salary of a specialist is entered into this document.
What are the terms of the agreement?
When compiling this document, the main requirements of Art. 57 shopping mall. Especially a lot of attention is paid to the essential conditions of the contract, therefore, the data is certainly entered:
- personal information about the employee being hired, and this includes his full name, specialty, qualification, passport details, TIN and address of residence;
- the position that the specialist occupies in the company is prescribed, what labor duties and functions are assigned to him, what are the payment conditions for fulfilling the tasks, and the routine of the work process can also be signed;
- attention is paid to various compensations, guarantees or benefits that an employee of the company can count on;
- since a fixed-term labor contract is concluded with an employee, it is important to correctly indicate the date when it ceases to be valid;
- if an employee is drawn up for seasonal work, then under Art. 293 TCs, a contract can be drawn up for a maximum of six months;
- if the specialist is required to replace the main employee, then the period during which the full-time employee will be absent from work shall be indicated.
If at least one important condition is missing, then through the court such an agreement may be declared null and void.
How is the work of a specialist paid?
The amount of payment for the performance of specific work on the basis of a fixed-term contract is agreed upon by the two parties in advance. After reaching a compromise, this information is entered into the fixed-term labor contract under the Labor Code.
The salary set for conscripts cannot be less than that of other people working for the company in a similar position on an ongoing basis. Additionally, the conclusion of a fixed-term employment contract requires the provision of various allowances, surcharges for overfulfillment of the plan or guarantees. To do this, it takes into account which position the employee is engaged in.
If a specialist is hired for a short period of time as a replacement for a permanent employee, then his salary cannot be higher than that of a replaced employee.
For the payment of various sick leave, vacation or other types of compensation, standard grounds and rules apply.
Terms of termination
Termination of relations between the conscript and the employer can be performed in two cases:
- the agreement expires;
- the basic rules of labor discipline are violated or other violations are revealed by the employee, therefore he is dismissed on the initiative of the organization’s management.
Termination of a fixed-term contract in connection with the expiration of its term is the most popular. To do this, it is required from the employer to inform the employee three days before the set date that the contract will not be renewed. Additionally, an order is issued in the form of T-8. If these actions are not performed by the company’s management, the dismissal of a citizen is unlawful, since in the absence of a notice of termination of relations, the contract is considered to become unlimited. Under such conditions, the employee may appeal to the court to challenge the dismissal.
If an agreement is drawn up for seasonal work, then its extension is not allowed, therefore it is terminated automatically after the implementation of the tasks.
If, during work, a specialist violates labor discipline, is constantly late or does not cope with his duties, then a fixed-term contract under the Labor Code may be terminated ahead of schedule. For this, the same grounds and actions are used as in the presence of a perpetual agreement.
Reasons for transferring a permanent employee to a fixed-term contract
It is possible for employers to transfer an employee, arranged in a standard way, to an urgent agreement. For this, the rules of the TC must be taken into account so that the rights of a specialist are not violated.
The conclusion of a fixed-term employment contract with a permanent employee is allowed only if there are good reasons. These include:
- a specialist is appointed to the place of another employee temporarily absent from the workplace for various reasons;
- a citizen is sent on a temporary basis to work in another country;
- it is necessary to temporarily expand the production of the company, so the main employees are sent to carry out this process;
- the employee brought evidence of a disability.
Thus, a fixed-term employment contract is concluded with permanent workers only when their status changes.
Recommendations to employers
If the owner of the company decides on the need to draw up a fixed-term contract with employees, he takes into account all the provisions of the TC. Therefore, it is advisable to follow the advice:
- drafting such an agreement is not allowed if there are no grounds listed in Art. 59 shopping mall;
- it is imperative to warn about the expiration of the contract in three days, otherwise the absence of such a notice will be the basis for the translation of the document into a perpetual contract;
- attitude to conscripts should be the same as to regular employees, therefore, they do not fall to infringe on his rights, pay a low salary or threaten with an unjustified dismissal.
If the employee is legally competent, then he can easily identify violations by the employer. Therefore, he can file a complaint with the labor inspectorate or file a lawsuit with the court. This will lead to the fact that the company will be held administratively liable, and will also have to issue an unlimited agreement with this citizen.
Is it possible to conclude an urgent agreement with pensioners?
According to Art. 59 TC, the signing of a fixed-term contract with a person who has reached retirement age is allowed only with mutual consent. Under such conditions, it is even possible to draw up a document in the absence of signs of temporary work.
If, however, a retired person already works in the company, then without good reason to transfer him to a fixed-term contract will fail. Under such conditions, you will first have to officially dismiss him, and then re-employ him with a new interim agreement.
To complete this process, a citizen must have a confirmation of his age, so he gives the employer a pension certificate. An agreement is drawn up for a maximum of 5 years.
Conclusion
Thus, a fixed-term contract has many benefits for employers. Its compilation is regulated by Art. 59 shopping mall. It can only be formed if there are good reasons.
Termination of such a contract may be carried out at the initiative of the employee or employer, and it also ceases to be valid at the end of the period for which it was issued. Each employer must be well versed in the rules for the formation and termination of this agreement.
If the rights of conscripts are violated, they can contact the labor inspectorate or court to hold the offender accountable. Therefore, the company under such conditions will have to pay significant fines. Also, in court, such an agreement may be recognized as unlimited.