When a person is accepted for service, a so-called labor contract is concluded with him. Moreover, the administration relies on Art. 58 of the Labor Code of the Russian Federation. This clause of the law defines the terms during which the contract between the specialist and the administration will be valid. They are different. The employee needs to know the content of Art. 58 of the Labor Code of the Russian Federation to understand their rights. Let's learn it.
The main provisions of the article
Art. 58 of the Labor Code of the Russian Federation divides all labor contracts into two large groups. Namely, they can be concluded for such periods:
- vague;
- urgent.
In the first case, the contract does not indicate when the employee will be fired. The second necessarily stipulates the service life. There are no other fundamental differences in the agreements. But the legislator has examined in some detail in what cases the term of the contract can be limited, that is, make it urgent. Specialists need to know this to prevent the administration from taking advantage of people's illiteracy. In Art. 58 of the Labor Code of the Russian Federation clearly states that not all relations between an employee and management can be formalized in a fixed-term contract. This is done only when the administration is not able to hire a person on a regular basis. By the way, there are many situations.
Fixed-term contract
To understand whether the administration is right or not, you need to figure out what functions you are offered to perform. There are works that are constantly being carried out in production, they are mainly attended by permanent personnel. But not always. If the main employee is temporarily absent (on maternity leave, for example), then he will be replaced by another specialist with whom a fixed-term contract is signed. It is understood that the document should indicate the end date. It coincides with the entry into the service of the main specialist. This situation was in the previous legislation. In addition, under such conditions, a person is hired for temporary work. Let's say the company decided to carry out a reconstruction. It can be assigned only to such a highly qualified specialist. He is invited for the duration of the work, concluding a fixed-term contract. The document indicates either the date of dismissal, if it can be determined, or the amount of necessary work. Upon their implementation, the contract is considered completed. The entire list of situations where it is possible to limit the service life is described in Art. 58, 59 of the Labor Code of the Russian Federation. The latter indicates cases where the conditions for admission for a specific period must be agreed with the employee.
Special cases
In fact, our article is quite voluminous for the practice. It covers almost all possible situations that arise in certain conditions. So, a fixed-term contract is allowed to be signed to perform seasonal or temporary work, to send a specialist abroad, with interns or interns. The same document is signed by people who have received a position as a result of elections. Detailed information on this is contained in Art. 59 shopping mall. Sometimes the service life of specialists is associated with a contract of a superior. For example, when they hire the chief accountant of a university. This person can fulfill his duties only until the rector is fired. Such situations are determined by special bylaws.
Limits of fixed-term contract
As you know, the legislator proceeds from the resolution of any disputed issues between the worker and the employer. It is on these principles that the Labor Code has been drawn up. Art. 58 of the Labor Code of the Russian Federation limits the term of a non-permanent contract to five years. When the period specified in the document expires, the employee shall be considered dismissed. However, there are exceptions.They are proposed to be decided by agreement of the parties. In h. 4 Article. 58 of the Labor Code of the Russian Federation refers precisely to this. If neither the employee nor the manager has declared that the contract has been terminated, it shall be deemed permanent. In practice, this situation leads to all sorts of incidents. The personnel officer may simply not track the expiration date of the contract. If he does not prepare dismissal order getting rid of the employee will be difficult. The court will uphold his demand for a permanent seat.
How is an agreement drawn up in practice?
The worker is not up to the papers. He will have to sign a lot of them upon entering the service. To understand what the working conditions are, read the appointment order. It is in this document that the conditions for admission to the service are indicated, that is, which contract is signed. If there is no end date or other conditions, consider it permanent. By the way, look if there is a link to Art. 58 of the Labor Code of the Russian Federation. Comments on this provision of the law says that it is necessary to conclude a fixed-term contract based on it specifically. That is, the order not only indicates the termination date of the employment relationship, but also the reason for such a decision. If this is temporary work, write what its nature is. A person is taken into the service in connection with the decree of the main employee, for the period of preparation of the report or another.
Settlement of contentious issues
The legislation is adopted in such a way that the worker does not suffer from the arbitrariness of the administration. Our case is no exception. If something is not clear to you, seek clarification from the personnel officer. Let the specialist justify the provisions of the documents provided to you. Unable or unsolved questions? Go with them to the supervisory authority. Remember that the judiciary in many cases takes the side of the worker. The employer will have to explain on what basis he limits the life of the specialist. Moreover, his arguments must fully comply with the provisions of the law. Otherwise, the contract will be transferred to a permanent one. Feel free to go to court if you suspect the employer of fraud.
