The employee whom the head accepts in the staff of the enterprise for a certain period is a temporary employee. An employment contract is always signed with such a subordinate only for a specified period. This document obligatory prescribes the period of its validity. Otherwise, the contract is considered indefinite, and the temporary worker is a permanent employee. The latter, in turn, has the right to a monthly salary and compensation for the unused period of rest upon dismissal.
What you need to know
Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract, which is concluded for an indefinite period. However, the situations are different. Sometimes the head of the enterprise is forced to seek a replacement for a permanent employee who has gone on sick leave or is resting on vacation. In this case, the organization often accepts a temporary worker who performs the duties of an absent subordinate. After the exit of a permanent employee, a person working under a fixed-term contract is subject to dismissal.
Important
The head of the organization must always remember that not all citizens can sign a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom the execution of official relations is not prohibited even for a certain period of time. These include the following:
- people who are sent to work abroad;
- persons entering for the implementation of labor activities in organizations created only for a certain period;
- Citizens accepted to carry out certain work, the completion date of which is not known in advance (for example, the construction of a private house);
- people who were sent from the labor exchange to public works;
- Persons assigned to the civil service.
In addition, in cases established by law, it is possible to apply for an employee to work under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides here for the following:
- a citizen is taken in the place of a temporarily absent employee;
- if you need to perform work, the deadline for which is not more than 2 months;
- internship;
- to carry out work that goes beyond the scope of the organization (for example, reconstruction of a building);
- for the period of seasonal work (performance of duties as a cloakroom worker).
Small characteristic
So, a temporary worker is that person who is accepted for a certain position at the enterprise for the period established by the contract. Therefore, such an employee knows in advance that he will not be able to work continuously in this organization. After all, the date of completion of his official duties is fixed in advance in the employment contract.
Reception
Before hiring a new person, the head of the enterprise must make sure that he does not violate labor laws by his actions. This is the order. If the latter hires an employee to carry out seasonal work (for example, a gardener for the summer period or a cloakroom attendant in the clinic), then he has every right to sign a fixed-term employment contract with him.
In addition, the admission of temporary workers is no different from the employment of those citizens who will serve in the organization on an ongoing basis. Indeed, in cases specified by law, employees hired for a certain period of time must provide the employer with all the necessary documents (for example, a diploma, a certificate of no criminal record, and others).
Nuances
If the head of the company hired an employee for a period of up to two months, then he needs to know about all the existing features of such a labor activity. In this case, there should be no trial period. After all, a person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is hired to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He does not have the right to an additional day of rest.
Completion and settlement
In practice, the head of the company often encounters a number of difficulties in dismissing a temporary employee. And in most cases, he seriously violates labor laws. Indeed, not every employer remembers that before dismissing an employee who was hired for a certain period of time, the latter must be notified three calendar days before the date of termination of the fixed-term contract.
Therefore, many subordinates often complain to the prosecutor's office and labor inspectorate. To prevent this from happening, the employer must follow the provisions of the current law even when dismissing an employee who temporarily performed the duties entrusted to him.
Therefore, on the last day of the employee’s labor activity, the personnel specialist should prepare an appropriate order and all other documents related to the work of the latter. In certain cases, the employee immediately asks for a certificate of his recent income. This document is required for registration with the employment service.
On the last day of work of a subordinate, the employer must fully settle with him. This means that the latter must transfer the salary and additional remuneration for the vacation not used by the temporary worker.
Transfer
In the performance of official activities, it often happens that one of the employees goes on vacation or on sick leave, and another person begins to fulfill his duties. But in this case, the latter has the right to receive additional income. After all, he will fulfill not only his duties, but also work for another employee. But how does this take shape in practice?
The manager may offer the employee a transfer to a temporary position while preserving his average income or the earnings of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of the employee is executed by appropriate order.
Also in this case, a combination of two posts is possible. Then the employee will fulfill his duties and the absent employee at the same time. This must be confirmed by order and additional agreement.
Employment record
So, as already written earlier, a temporary employee is hired only for the period specified by the contract. But what will be written in his work book in this case? Here, in fact, everything is quite simple.
First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the official activity of the latter. Then, the personnel specialist prints the order and makes an entry in the work book of the temporary worker. In this case, you can not immediately indicate the duration of the employment contract. Because when you dismiss a temporary employee in the work book, you will need to indicate the reason for the termination of official relations. In this case, the entry should be as follows: “Dismissed due to the expiration of the employment contract” paragraph two of the first part of Article 77 of the Labor Code of the Russian Federation.
By agreement
Here again, it is necessary to indicate that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, the boss has the right to offer him temporary employment. By mutual agreement of the parties, a fixed-term contract can be concluded with full-time students, with part-time workers. Most often, the latter do not object to such a proposal by the head of the enterprise. After all, part-time workers are not the main employees, because they already have a main place of work. Entrepreneurs engaged in small business and having less than thirty-five people in their staff can conclude fixed-term employment contracts with employees.
Conclusion
Each employee whom the employer hires only for a certain period should know that he will be dismissed after the term of his official duties expires. In practice, this is most often the case. If a person was hired for two months, then it is prohibited to establish a probationary period. In addition, when choosing an employee, even for a certain period, the head of the company needs to be more careful.
This is especially true in cases where the chief accepts a pregnant woman to work during the absence of a permanent employee. After all, it is not so simple to complete an employment relationship with such a subordinate. Because she can ask the boss to transfer her to another position (after leaving the permanent employee, whose duties she performed) and extend the employment relationship with her until the time of delivery.