Everyone should get a formal job. For this, an employment contract is concluded with the employer. It can be urgent, so a limited amount of time is available. You can use it only when satisfying many requirements. Therefore, each employer must know in which cases a fixed-term employment contract is concluded. There must be good reason for this, otherwise, by decision of the court or labor inspection, such an agreement may become unlimited.
Concept of contract
On the basis of Article 59 of the Labor Code, a fixed-term employment contract is concluded with employees performing temporary, one-time or seasonal work. It is represented by a specific labor agreement drawn up for a clearly defined period of time. After the end of this time period, the contract is terminated. If the employer does not notify the employee that the agreement is terminated, then it becomes unlimited.
All employers should know in which cases a fixed-term contract is concluded, as otherwise they may violate the rights of employees. The most commonly used such agreement in situations:
- the employee goes on maternity leave, so in her place she has to look for a temporary employee who will leave the company after the permanent specialist leaves maternity leave;
- specialists are involved for seasonal labor, since the company does not work all year round, but only for several months during the year, therefore it is not advisable to keep a large number of full-time employees on the staff;
- temporary work is performed, therefore specialists are required for a short time, for example, it is necessary to advertise a new product in different ways;
- the company implements activities that are not related to the main activities of the enterprise, for example, workers are involved to repair the office or a specialist is needed to install software on all computers in the building.
The employer really should have serious reasons, since a fixed-term employment contract can be concluded in cases that are clearly established by law. If the requirements of the Customs Code are violated, the company will be held liable.
Legislative regulation
A fixed-term contract is valid for a limited amount of time. It is usually for the implementation of specific work, after the implementation of which there is no need for a specific employee.
The rules for his conclusion are contained in Art. 56 shopping mall. This document is mandatory when hiring specialists to carry out any work. Art. 59 of the Labor Code indicates in which cases a fixed-term employment contract is concluded, what data are entered into it, and also what are the features of cooperation with temporary workers.
The TC clearly states that there must be really good reason for concluding an urgent agreement. The employer should not have objective reasons for concluding a perpetual contract.
The benefits of using a contract
For the employer, the application of urgent agreements has many undeniable advantages. These include:
- to manage temporary workers is quite simple, since it can be promised that an ideal contract will conclude a perpetual contract;
- it is possible to easily motivate conscripts by extending cooperation;
- dismissal is a simple procedure, since it is enough to notify the specialist in a timely manner that the validity of the existing contract is ending;
- after the dismissal, the citizen will not be able to challenge such a decision, since he was initially informed that the cooperation would be temporary;
- even employees who are socially protected can get rid of by using an urgent agreement.
But at the same time, company leaders must know in which cases a fixed-term employment contract is concluded, since if it is used in violation of the law, this will lead to the prosecution of the company.
Employees usually want to work in various large organizations on an ongoing basis, so for them the conclusion of an urgent agreement acts as a negative point. Therefore, they themselves must understand in what cases a fixed-term employment contract is concluded in order to assert their rights if necessary.
Features of the contract
The preparation of a fixed-term contract must be lawful, for which there must be good reason for this. The reason must be stated in the text of the document. A fixed-term employment contract may be concluded for the performance of various works, but the following features must be taken into account:
- maximum agreement is drawn up for a period of five years;
- if a document does not have a specific validity period, then it is considered to be unlimited, and the same applies to the situation if it contains a period of more than 5 years;
- the text indicates how the labor relationship between the two parties to the agreement will be terminated, for which a specific number can be prescribed or an event is indicated, when it occurs, the contract is terminated;
- before the specified date, the director is required to notify the employee of the termination of the employment relationship, since if this requirement is not met, the contract will automatically become unlimited.
The warning should be given to the employee three days before the expiration of the agreement. Otherwise, the employee may challenge the dismissal. If the contract indicates that cooperation ceases when a certain event occurs that cannot be predicted, then notification is not required.
Who is it with?
All participants in an employment relationship should know when to enter into a fixed-term employment contract. This is the only way to avoid breaking the law. This document is formed when hiring specialists whose activities are temporary or seasonal, as well as one-time.
Duration of work may be determined by clearly defined deadlines. Usually this document is drawn up when hiring the following specialists:
- seasonal workers, usually in winter or summer;
- people performing specific work for a limited time;
- employees sent to work in another country or in another division of the organization;
- hired specialists engaged in activities not related to the main area of the enterprise;
- people replacing key employees while they are on sick leave, on a long business trip, or on maternity leave.
Each specialist with whom this contract is concluded should be notified that the agreement is urgent. The terms of its action are necessarily negotiated by two parties. A fixed-term contract is concluded in cases stipulated by law, so if the applicant suspects that the employer is committing unlawful actions, they will be lodged a complaint with the labor inspectorate.
Is employee consent required?
When concluding a fixed-term contract, a direct worker is required to consent to this process. The voluntary conclusion of such a contract is confirmed by the signatures of the parties.
When drawing up the agreement, the nuances are taken into account:
- in case of conclusion of a fixed-term employment contract, it is necessary to indicate in this document for how long it will be valid;
- a basis is provided confirming that it is the drafting of a fixed-term contract;
- if it is not provided for a hired specialist to have a permanent place in the company, then he is not required to obtain written consent to work under a fixed-term contract.
There are certain situations in which it is not allowed to use such an agreement. The conclusion of a fixed-term employment contract is unauthorized if the director is hired. This also includes situations when an activity that is not temporary or one-time will be carried out by a hired specialist.
Rules for registration
A fixed-term employment contract is concluded in cases provided for by law. In this case, the head of the enterprise must know how to correctly form this document. Information must be entered into it:
- the name and details of the organization that requires the conscript to perform specific work;
- FULL NAME. and information from the passport of the hired specialist;
- the place and date of formation of the document are prescribed;
- The obligations and rights arising from each party are indicated;
- the responsibility of the parties is given;
- information about the applicable procedure for remuneration is entered;
- It prescribes what kind of work regime the company has.
Each party may add additional information to this document if necessary. A sample contract is located below.
What other data might fit in?
Cases of compulsory conclusion of a fixed-term employment contract are few, so the employer must know what data should be included in the document so that it does not cause complaints from the labor inspectorate. Therefore, it may contain the following information:
- it must be prescribed for how long the document is drawn up, and even the occurrence of a certain event may be indicated, for example, the exit from the decree of a full-time employee or the end of the work season;
- the establishment of a trial period is allowed, but the duration of the contract itself must exceed 2 months;
- the test is not allowed for pregnant women, professionals who have won the competition for graduation, graduates, underage employees or citizens transferred from another organization.
For such workers, the standard method of calculating wages is used. Necessarily the salary must be official, and insurance premiums are also paid for specialists.
What are the warranties prescribed?
Cases of a fixed-term employment contract are not numerous, therefore, this document additionally spells out the guarantees offered to the employee. These include:
- for each worked month 2 days of vacation are provided;
- if the specialist does not use vacation for the entire period of work, then at the end of the contract, the employer is paid compensation;
- specialists are drawn up exclusively on an official basis, therefore, if necessary, they can receive hospital benefits or maternity benefits;
- during the work, the employee is offered parental leave.
A fixed-term contract is considered a specific type of employment contract. Cases of conclusion of fixed-term contracts are fixed at the legislative level, therefore if the employer violates the requirements of the law, he will be held liable.
Validity
When drafting this contract, company executives should consider the maximum and minimum duration of this agreement. In this case, the legal execution of a fixed-term employment contract is ensured. How long can it be drawn up? For this, the following nuances are taken into account:
- maximum it can be concluded for 5 years;
- there are no restrictions on the minimum period of validity, therefore it is allowed to draw it up even for one day, although under such conditions it is advisable to use a service contract;
- it is not allowed to draw up this contract repeatedly for one position and one employee, since under such conditions a specialist is automatically transferred to permanent work, and the company also pays a fine for violation of the Labor Code in the amount of 100 thousand rubles.
If it is necessary that certain work is performed by an employee regularly, then it is not allowed to draw up a fixed-term contract for him.
Termination Rules
When concluding such an agreement, it is necessary to stipulate for how long it will be valid. Based on the source. 79 TC termination of the contract occurs at the end of the period for which it was drawn up. For this, a specific date may occur or the event specified in the text may occur.
In order not to violate the rules of termination of employment, the employer must notify the specialist that the contract will be terminated three days before this event. In order not to forget about this date, the company keeps a special register of fixed-term contracts.
If it is required to employ an employee for another period, it is necessary to terminate the contract, after which a new agreement is drawn up. It is not allowed to renew such a contract. An exception is the situation when the day of termination of the contract falls on the period when the employee is pregnant. If she agrees to terminate the agreement, then the procedure is performed in a standard way. She can write an application to extend the contract until delivery, as she has the right to do so under Art. 261 shopping mall.
In other situations, an extension is not allowed, therefore it is advisable to terminate the contract, after which a new urgent agreement is drawn up and signed with the employee.
Often, the employer is satisfied with the work of an urgent specialist, so he decides to employ him in a permanent job. In this case, you can use the automatic extension. To do this, just in time, the head of the enterprise does not give the employee a notice of termination of the contract. Therefore, the specialist is then transferred to the staff of the company. The employer forms an additional agreement to the contract, and an order is issued to accept a citizen for permanent work.
When drafting a contract, it is not allowed to enter information related to premature termination into it.
Is it possible to transfer a full-time employee to a fixed-term contract?
Each employer must know in which cases a fixed-term employment contract can be drawn up. Most often, specialists work in companies on the basis of perpetual agreements, but often there is a need to transfer them to urgent work. The procedure is legal, but legal requirements must be taken into account. The basic translation rules include:
- good reasons are required to complete the process;
- employees are not deprived of their rights and guarantees;
- most often this method is used if a specialist is required to take the place of an absent employee or to work temporarily in another country;
- translation is often used in case of deterioration of the employee’s health or when expanding the production of the enterprise;
- the employee must agree to the transfer, after which he is dismissed by drawing up an agreement or at his own request;
- after that, a fixed-term contract is immediately drawn up;
- necessary changes are made to the work book.
If the rights of the employee are not respected, then he can file a complaint with the court, labor inspectorate or prosecutor's office.
Conclusion
Fixed-term employment contracts can only be drawn up in cases provided for by law. They operate for a limited amount of time.When they are extended, the employee is automatically transferred to a permanent position.
It is allowed to transfer full-time specialists to a fixed-term contract, but the process should be carried out taking into account all the requirements of the TC.