An employment contract is the main document of every person who prefers to work officially. It is between the employer and the hired specialist. This document may be presented in several forms. If you want to perform only one-time work, then it is advisable to draw up a fixed-term contract. At the same time, it is important to know for how long a fixed-term employment contract is concluded, for which maximum and minimum terms are taken into account. Employers must understand when they can use this agreement, how it is terminated or extended.
Compilation Nuances
The employer must have good reason for concluding a fixed-term employment contract, since in most cases the law requires the preparation of an unlimited contract. When forming such an agreement, the term is specified in the text during which the agreement will be valid.
The parties determine in advance exactly when the hired specialist can take up his duties, and when he will have to leave the company.
When can it be applied?
Employment under a fixed-term employment contract is permitted only in the following situations:
- performance of duties of a temporarily absent full-time specialist who is on a business trip, vacation or maternity leave;
- seasonal work;
- performing one task, after which the company ceases to need the services of a specialist;
- a fixed-term contract is drawn up with persons who are sent to work in another state;
- work is related to the internship or vocational training of a citizen;
- It is required to perform work for a certain period of time;
- persons sent to the company from the employment service to perform public or temporary work;
- election of a specialist for a specific term to the elected body;
- An agreement is drawn up with citizens who are sent to alternative civilian service.
If it is planned to carry out work on the main profile of the company, then the employer must draw up an indefinite agreement with the employee. If there are no good reasons for concluding a fixed-term employment contract, the head of the company may be held administratively liable, and, by court decision, an employee may be forcibly transferred to the company’s staff. The firm will be forced to pay significant fines for such a violation.
Legislative regulation
The basic rules on the basis of which an urgent agreement is drawn up are prescribed in Art. 59 of the Labor Code of the Russian Federation. In order to terminate the contract, a notice must be sent by the employer three days before the specified date. If these actions are not performed, then the employee is transferred to the staff of the company.
A fixed-term contract becomes indefinite, provided that for a specified period of time the employee is unable to cope with the tasks. How long is a fixed-term employment contract concluded? The exact period depends on what kind of work will be performed by the hired specialist. This contract is drawn up for a maximum of 5 years. The text of the agreement should spell out the reason why an urgent agreement is needed.
The employee will certainly be notified that he is being issued to perform temporary work.
Hiring Rules
A fixed-term employment contract begins exclusively from the moment it is signed by an employer representative and a hired specialist.The rules for hiring an employee under a temporary contract include:
- Before applying for a job, a citizen draws up a written application;
- standard documents are presented, presented by a passport, SNILS, TIN, employment record, as well as education certificates, but in some situations a medical certificate is required confirming the good health of a citizen to perform specific tasks;
- the employer issues an order on the basis of which he hires a new specialist;
- a direct labor contract is drawn up, which clearly states that the work is temporary;
- the term of employment is prescribed.
It is allowed to draw up a fixed-term employment contract. In this case, an entry in the workbook is made only when the document is transferred from the main employer. Additionally, the text indicates that it is precisely the part-time job that is issued. A sample order for a new employee on the basis of a short-term contract can be studied below.
How long is a fixed-term employment contract concluded?
The term of this agreement is the essential conditions. This period is determined on the basis of the requirements of Art. 59 of the Labor Code of the Russian Federation. The main nuances of determining this period include:
- the text of the contract clearly indicates how long the employee will cope with his duties;
- the end of the validity period may be not only a specific date, but also the moment the task is completed or the main employee leaves vacation or sick leave;
- maximum five year contract is drawn up;
- the minimum period is not established in the legislation, therefore it is allowed to draw up an agreement for a month, a week or even one day;
- if a one-day contract is concluded, then the employer must have good reason, since it is considered more profitable to draw up a contract or provision of services;
- if an urgent agreement is repeatedly renegotiated for different periods of time, then this is the basis for drawing up an indefinite agreement.
Each employee must know for how long a fixed-term contract is concluded, how often it can be renewed, and also what rights a hired specialist has. In this case, you can defend your labor rights.
What information is entered into the agreement?
It is important to include all the essential conditions in the fixed-term employment contract so that it has legal force. These conditions include:
- name of the document submitted by the short-term contract;
- information about the company, which is the employer, and it is presented by its name, legal address, as well as various details;
- information about the hired specialist, to which his name includes F. I. O., passport details, place of residence, specialty, education and contact details;
- the date from which the hired specialist begins to perform his job duties;
- the nature of the work performed;
- rights and obligations arising from the employer and the hired specialist;
- salary with different surcharges;
- payment procedure;
- the job responsibilities of the new employee are listed;
- the term of the agreement, moreover, the exact date may be indicated or it may be prescribed that cooperation ceases after the completion of a specific task;
- responsibility of the parties;
- rules for transferring various compensations;
- information related to insurance and other conditions;
- the procedure on the basis of which the termination of labor relations occurs;
- final provisions that ensure the confidentiality of the information entered, as well as the rules for resolving various conflicts;
- at the end, the details of the parties to the fixed-term employment contract are prescribed, as well as the signatures of the participants.
A work schedule, job description, and other documents, on the basis of which the specialist can understand what the schedule is, is necessarily attached to a correctly drawn up agreement.
Rules for entering information in the workbook
Any official work is certainly reflected in the work book, even if it is required to work for only a few days. The mark is put in the usual manner. This process is carried out after the specialist has worked in the company for at least 5 days.
Be sure the employee of the personnel department of the company makes the following information:
- record number;
- Company name;
- reference to the order on the basis of which the citizen was hired;
- the date of the agreement is indicated;
- reference is made to article 59 of the Labor Code.
Additionally, you need to correctly enter information about the dismissal, transfer to a permanent job or the provision of various awards for the conscientious performance of work. A sample entry in the employment book under a fixed-term contract can be studied below.
When does collaboration end?
The contract expires after the completion of the work or after the date indicated in the text. The agreement expires under the following conditions:
- completion of the term specified in the agreement;
- the employee has coped with the tasks;
- if seasonal work was carried out, then after the end of the season cooperation ceases;
- the employee, to whose place another specialist was temporarily invited, goes to work.
In all cases, it is required to notify the temporary worker of the termination of the agreement in three days. This notice is in writing only. If it is absent, then automatically the urgent agreement becomes unlimited. A sample order of dismissal can be studied below.
Is it possible to extend the validity period?
It is allowed to extend the term of a fixed-term employment contract, but for a maximum of 5 years. If the parties do not take any action three days before the expiration of the agreement, the agreement automatically becomes unlimited.
The basic rules for renewal include:
- if the employer does not prepare additional documentation, then the contract is recognized as unlimited, therefore the hired specialist is transferred to the state;
- it is advisable to extend the contract to use an additional agreement;
- the employer issues an order to extend the employment relationship;
- if an employee has been transferred to the staff of the company, then it cannot be dismissed due to the expiration of the agreement.
When extending the contract, it is taken into account that the total period of work in the company should not exceed 5 years. A sample order for the extension of the contract can be studied below.
Termination Rules
It is allowed to terminate the contract even ahead of schedule if the company is undergoing a staff reduction procedure or the company is being liquidated.
As a standard, cooperation ends when the existing agreement expires. A sample notice of termination can be found below. This document must be transmitted to the employee three days before the appointed date.
Can an employee take a vacation?
Since an urgent agreement can be drawn up for up to five years, an employee under such a contract can count on vacation, like other full-time employees. For each worked year he is entitled to 28 days.
To receive paid leave, the employee must submit an application. If the experience does not exceed one year, then the duration of the rest is calculated depending on the actually worked period.
When going on vacation, a citizen receives vacation pay, the amount of which depends on the average earnings at the place of work. Additionally, the employee can count on a sick leave or maternity leave.This is due to the fact that although the term of the agreement is limited, the document is official, so the employee can count on all privileges based on the provisions of the Labor Code.
Conclusion
A fixed-term employment contract may only be used if there is good reason. It is compiled for a certain period of time, depending on what kind of work should be performed.
When drafting such an agreement, an employee can rely on all the privileges that rely on when drafting an indefinite agreement. The employer must know how employees are hired correctly under a short-term contract, and how the employment relationship is terminated.