while doing a specific job. in a person acting on the basis of , hereinafter referred to as " Society”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Employee”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. The employee is accepted for temporary work in the Company as.
2. The employee's salary is Rs. per month.
3. The employee during the period of work in the Company reports directly.
4. This employment contract is concluded for the duration of the work. The work must be completed no later than . After the expiration of the specified period, the validity of this agreement is terminated, except for the cases specified in paragraphs. 8 and 9 of the contract.
5. The employee is obliged to start work from "" 2019.
6. The employee must comply with the following official duties specified in the job description.
7. Worker's place of work: .
8. After the work specified in clause 4 of the contract is completed, this employment contract may be extended by agreement of the parties, or a new employment contract may be concluded between them for temporary or permanent employment.
9. The employment contract is extended for an indefinite period and the Employee acquires the status of a permanent employee if the employment relationship actually continues and neither of the parties has demanded its termination in the following cases:
   • if, upon expiration of the contract, the work specified in clause 4 is not performed;
   • if, after performing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
10. Work in the Company is the main place of work of the Employee.
11. The mode of operation, the rights and obligations of the parties, the grounds for termination of the employment contract and other conditions are determined in the Regulations on Personnel approved by the head of the Company.
12. Additional terms under this agreement: .
13. The terms of this employment contract are confidential and not subject to disclosure.
14. The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
15. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation.
16. The parties are guided by the Company's internal regulations (Personnel Regulations, internal labor regulations, etc.) only if the Employee is familiarized with them against receipt.
17. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by applicable law.
18. The Agreement is made in 2 copies, having the same legal force, one of which is kept by the Company, and the other by the Employee.

During a period of economic difficulties, many employers prefer to conclude fixed-term employment contracts with the staff in order to be able to part with the employee at the end of work. Employers are aware that the Labor Code allows the conclusion of a contract for the duration of certain work, but they do not know how to draw it up correctly, and in practice they make many mistakes.

In this article, we will consider the procedure for concluding a fixed-term employment contract with employees hired to perform a known work, when its completion cannot be determined by a specific date.

When concluding a fixed-term employment contract, the employer is obliged to include in it two mandatory conditions related to the urgent nature of the contract:

1) the term of a fixed-term employment contract;

2) the circumstances that served as the basis for concluding a fixed-term employment contract.

The task of the employer is to spell out these conditions as clearly as possible, since in the absence of one of the conditions in the contract or their double interpretation, the conclusion of a fixed-term contract will be recognized as unreasonable, and the document will be considered concluded for an indefinite period.

Let's consider the conclusion of a fixed-term employment contract on this basis using an example from our practice.

We were approached by a Client who specializes in the performance of general construction and electrical installation work under contractor agreements. The construction (work) objects of the Client were located in different regions of the country and were removed from the parent organization. The company entered into open-ended employment contracts with employees, and after the completion of work on these facilities, difficulties arose with employees, as they had to be transferred to a new place of work, often very remote from their current location, or to negotiate the termination of an employment contract, which not everyone agreed to employees. Often, the Client had to carry out a procedure for reducing employees, which provides for the payment of severance pay to employees, that is, it has large financial and time costs.

For example, average salary of a bricklayer in the Client's company was 40,000 rubles, 10 masons worked at one of the construction sites. Upon completion of the project, the Client had to terminate employment contracts with employees, including masons, since it was not possible to transfer them to other facilities. Three masons resigned by agreement of the parties. Each was paid a severance pay in the amount of one average earnings of 40,000 rubles. The remaining seven masons did not agree to terminate the employment contract by agreement of the parties, and the employer fired them due to staff reduction. At the same time, during the notice of dismissal (two months), the employer paid these employees wages in the amount of 80,000 rubles. (40,000 rubles × 2). Apart from wages employees received severance pay in the amount of two average monthly earnings of 80,000 rubles. (40,000 rubles × 2). Also, three masons were additionally paid an average monthly salary of 40,000 rubles. for the third month, since they registered with the employment center within two weeks after the dismissal and were not employed by them. Thus, the company's costs amounted to 1,360,000 rubles. (40,000 rubles × 3 + 7 × 80,000 rubles + 7 × 80,000 rubles + 3 × 40,000 rubles). Please note that this amount is associated with the dismissal of only masons and only from one object. Across the company, the cost of laying off workers reached tens of millions.

The client knew that it was possible to conclude a fixed-term employment contract, but did not know how to apply such an agreement in relation to the type of company's activity. The organization turned to us for help. The question was how to correctly conclude a contract for a certain type of work (what justification to choose for a fixed-term contract), if the exact date of completion of the work is unknown. At the same time, the company had types of work that were completed before the completion of the total scope of work on the facility, for example, monolithic work (for concrete workers), bricklaying (for masons), electrical work (for electricians), etc.

The grounds specified in par. 8 h. 1 tbsp. 59 of the Labor Code of the Russian Federation, namely the conclusion of a fixed-term employment contract with employees hired to perform a known work in cases where its completion cannot be determined by a specific date. This basis allows you to conclude a fixed-term employment contract for the duration of construction, since in this case the term of the employment contract is not known in advance and is determined by the date of completion of construction. In this case, the employment contract must indicate its urgent nature and reflect the specific type of work assigned for which the employee is hired.

Therefore, in an employment contract with an employee hired to perform construction work, it is necessary to indicate that the document is concluded for the duration of the construction of the facility. Also, in the employment contract, you can specify the characteristics of this object (name, address of construction).

In the above example, the organization entered into a civil law contract for the construction of an object with another legal entity. The contract prescribes the stages of construction, each of which requires the performance of a certain work. Its completion cannot be determined by a specific date, and employees will be hired specifically to perform specific work. The construction stages must be completed with a certificate of completion, and since in this case there is no specific date for the completion of the employment contract, it is necessary to tie the completion of the employment contract to the moment of signing the act of acceptance of the work performed (for example, installation, welding, etc.). It turns out that the date of termination of the employment contract will be a legal fact - the moment of signing the act of acceptance of work, which completes a specific stage of construction.

In accordance with Part 2 of Art. 79 of the Labor Code of the Russian Federation, an employment contract concluded for the duration of a certain work is terminated upon completion of this work. In this regard, the employment contract must specify the period of validity "until the signing of the act on the acceptance of work under the contract No. from [date]". Thus, the end date of the work will be determined.

As you can see from the example, we identified a possible option for the Client to conclude a fixed-term employment contract and helped him in solving the problem. Previously, the Client had to always think about how to terminate employment contracts with employees when the construction projects were already completed. Negotiations with staff were not always in favor of the employer, as many employees refused to quit. Employment contracts were terminated by agreement of the parties with the payment of compensation, since many employees agreed to quit only if they were paid a certain amount, and there were cases when employees had to be reduced with the payment of severance benefits, the amount of which can reach up to five salaries. The solution that was offered to the Client by our company saved him from extra costs both monetary and temporary.

In what cases is a temporary employment contract useful and what provisions should be included in it.

From the article you will learn:

Official employment always takes place on a contractual basis. The employee and the employer conclude an agreement that determines the procedure for their further interaction. The labor function of a new employee, salary, working hours, payment of compensation - these and other conditions are reflected in a document that the parties can refer to when resolving disputes.

Download related documents:

Indefinite and fixed-term (temporary) employment contract

There are two types of employment contract - open-ended and limited-term. According to Article 58 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded for a maximum of five years, and not at the whim of the employer, but for objective, legal reasons. Therefore, each organization planning to conclude a temporary employment contract for hiring an employee must have good reasons for this.

In some cases, the law allows the employment of workers for a limited period by agreement with them, namely:

1. to carry out urgent rescue or liquidation work (to prevent epidemics, man-made disasters, natural disasters, epizootics and other emergencies, as well as to eliminate their consequences);
2. to perform work in the climatic conditions of the Far North and equivalent areas, if employment involves relocation;
3. with pensioners by age and persons who, for health reasons, are only allowed to work of a temporary nature (confirmation in the form of a medical certificate is required);
4. with specialists selected by competition or entering a part-time job;
5. with creative workers of cinematography, mass media, theaters, concert organizations;
6. with managers, their deputies and chief accountants of enterprises of any form of ownership;
7. with full-time students;
8. with the crews of ships - sea, mixed, inland navigation.

In addition, in 2017, any small business entity with a small staff (no more than 35 people, and in the field of retail or consumer services - no more than 20). This rule also applies to employers in the status individual entrepreneurs. But first you need to get the consent of the employee.

Sometimes the employer can determine the duration of the contract unilaterally. The grounds giving such a right are listed in part 1 of article 59 of the Labor Code of the Russian Federation. It is allowed to conclude a temporary employment contract for hiring an employee in 2017:

1. to perform seasonal or temporary work;
2. for work that goes beyond the scope of normal production activities (commissioning, restoration, installation);
3. with a temporary (for up to one year) expansion of production;
4. for the duration of the duties of a temporarily absent employee, who retains his place of work;
5. for vocational training, practice, training of personnel;
6. with persons sent to work abroad;
7. with persons sent to perform alternative civilian service or to public works;
8. in cases of election to paid work in an elected body for a certain period.

Employment contract with a temporary worker: sample-2017

Before entering into a temporary employment contract in 2017, make sure that the employee is aware of the limited period of employment and fully agrees to this condition. Do not forget to familiarize yourself with the documents submitted by the employee in accordance with the requirements of Article 65 of the Labor Code of the Russian Federation. Check if all mandatory items are included, if the addresses and details of the parties are correct.

In order for the content and form of the document to fully comply with the requirements of current legislation, use a ready-made employment contract with a temporary worker as a template (a sample on our website is available for download). The condition of urgency is prescribed in a separate paragraph. Both in the contract and in the order for employment, the end date of the employment relationship is indicated by a specific date - in contrast to the replacement of a temporarily absent employee, when the condition termination of employment becomes the return of the main specialist:

Download in.doc

Important: a temporary or seasonal worker has the right to terminate the employment contract unilaterally by notifying the employer about this three days before the dismissal (and not two weeks, as required by the standard procedure).

Fixed-term employment contract: instructions for use

Employers often have situations where they have to hire employees to perform a specific task. Usually in these cases, the director wants to hire people "for a while", that is, to conclude a fixed-term employment contract with them. But is it always possible to conclude fixed-term employment contracts? How to do it right? What wording should be in the contract and in the order for employment? The answers to these and other questions on fixed-term employment contracts are in our today's article.

What is the limitation of the use of a fixed-term employment contract

It is impossible to conclude a “temporary” (or, in legal language, urgent) employment contract with an employee, guided only by the desire of the employer. The list of cases in which the legislator allows you to issue a fixed-term employment contract is given in the article Labor Code RF. This list is exhaustive. At the same time, the article of the Labor Code of the Russian Federation states that if a fixed-term employment contract is concluded, then its text must indicate the circumstances (reasons) that served as the basis for the application of just such an agreement.

Thus, it is possible to formalize a temporary labor relationship with an employee only in cases where this is expressly permitted by the norms of the article of the Labor Code of the Russian Federation. In fairness, we note that the list of situations that are given in this article is quite long. Moreover, some positions of the list are open, which allows to further expand the scope of a fixed-term employment contract.

The list itself is divided into two parts. The first includes cases when a fixed-term employment contract can be concluded at the initiative of the employer. And the second part of the list lists situations when the agreement of the parties is required for the application of a fixed-term employment contract. Completing the description general rules, which regulate the conclusion of fixed-term employment contracts, once again we draw your attention to an extremely important norm. Even if the employee does not object to the temporary nature of the employment relationship, it is possible to include a condition on the term of its validity in the employment contract only if this is expressly permitted by the norms of the article of the Labor Code of the Russian Federation.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which it is possible to conclude an employment contract for a certain period is the employment of a temporarily absent employee to perform the duties. In this case, the place of work is retained by the "main" employee. But until he does his job, another person can be temporarily taken in his place (part 1 of article TK RF, letter of Rostrud dated 03.11.10 No. 3266-6-1).

The Labor Code does not specify the reasons why the "main" employee may be absent from the workplace. Therefore, the reasons can be absolutely any. For example, temporary disability, leave (not only to care for a child, but also annual paid leave, or leave without pay), temporary transfer on a medical report to another job, performance by an employee of state or public duties, passing a medical examination or advanced training with a separation from work.

Let's note one more important point: it is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will alternately replace several absent “main” employees (for example, during their holidays). This is due to the fact that the article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the performance of the duties of an absent employee, that is, we are talking about a specific employee and the performance of his labor functions. Therefore, if it is necessary to organize “insurance” during the holidays of the “main” employees, then each time you will have to draw up a new contract (i.e., terminate the fixed-term employment contract when the “main” employee leaves and conclude a new one during the absence of another employee).

As noted above, on the basis of the article of the Labor Code of the Russian Federation in a fixed-term employment contract, it is necessary to directly indicate that the contract is concluded for a while, and give the appropriate reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring an absent employee for the duration of the duties), it can be recommended to add the following wording to the contract:

What to write in the contract and in the form No. T-1

The list of seasonal work, as well as their maximum duration, are established by industry agreements (Part 2 of Art. Labor Code of the Russian Federation). Also, for these purposes, you can be guided by the List of Seasonal Works (approved by the Decree of the NCT of the USSR of 10/11/1932 No. 185) and other documents (for example, Decrees of the Government of the Russian Federation of 04/06/99 No. 382 and 04.07.02 No. 04.07.91 No. 381).

As you can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the relevant type of work must be included in the industry agreement or normative act. At the same time, the term of such an agreement cannot exceed the term of the season established by the same document.

At the same time, a probationary period for those who are hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the probationary period can be up to two weeks (Art. Labor Code of the Russian Federation).

What to write in the contract and in the form No. T-1

It should be noted in the employment contract that it is concluded for the season. Since the duration of the season depends on the natural and climatic conditions, it is not necessary to indicate a specific date for the end of the employment contract (part 4 of article of the Labor Code of the Russian Federation). Accordingly, the wording of the employment contract may be as follows:

The same wording must be transferred to the order for employment (form No. T-1). At the same time, in the “by” column of this order, the expiration date of the employment contract can be indicated not only by the specific date of the end of the season, but also by the onset of the event (for example, write “end of the season”).

Work outside the normal activities of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work that goes beyond the normal activities of the organization.

Features of concluding a fixed-term contract

If the employer enters into the work book data on the period for which the employment contract is drawn up, then this will be a violation of the order of conduct. work books, and may entail administrative liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

An employment contract for a fixed period may at any time be required by a personnel officer or other person hiring personnel. And it is not always necessary to hire him indefinitely. In certain cases, the law allows employers to conclude a temporary employment contract with employees, a sample of which will be discussed below.

Sample fixed-term employment contract - 2018: when it is needed

The document will be required when hiring an employee:

• for temporary work - no longer than two months;
• for seasonal work - when it can only be performed for a certain period (for example, picking mushrooms is possible only in the summer-autumn season);
• in organizations specially created to perform specific work in a clearly defined period;
• to perform the duties of a temporarily absent subordinate (for example, an employee who is on parental leave);
• for registration of persons undergoing alternative civilian service, etc.

Full list legal grounds for concluding a contract with an employee for a certain period is given in the 59th article of the Labor Code. And the 58th article of the Labor Code prohibits issuing it for more than 5 years.

Fixed-term employment contract - sample design

Each document must be properly formatted. This minimizes the possibility of contesting it. It is not difficult to create a fixed-term employment contract, but you need to know the basic rules for its execution and make sure that they are observed in the finished versions.

The fixed-term employment contract (sample 2018) must include:

• information that it is concluded for a certain period;
• an indication of which one (the date of the start and end of the contract is fixed in the document);
• the basis that gives the right to draw up an employment contract for a certain period (for example, “The contract is urgent due to the seasonal nature of the work performed”).

When compiling a job application, it should also reflect that it will be urgent. For example, an employing citizen can write in it:

“I ask you to accept me as a secretary for the period of parental leave of the main employee - M.A. Korshunova.”

A sample fixed-term contract can be viewed.

Fixed-term employment contract - order form

If the term of the employment contract ends, and the parties decide to extend it, this is done according to the following procedure:

1. A verbal agreement is reached on the extension between the employer and the subordinate.
2. An additional agreement is drawn up to the current employment contract on the prolongation of its validity for a certain period - it is necessary to indicate which one. The document is signed by each party.
3. The employer issues an order to change (extend) the fixed-term contract with the employee. It also indicates the extension period, and the details of the additional agreement concluded are entered as the basis.

A sample order to change the term of an employment contract is not approved by law, but it can be based on unified form T-1, approved by the Decree of the State Statistics Committee of Russia No. 1 of 01/05/2004. It might look like this, for example

However, if the parties wish to make any contract open-ended, for example, a fixed-term employment contract for 3 months, a sample order will not be needed, nor will the procedure described above be needed. The law states that if neither the employee nor the employer demanded the termination of a fixed-term contract, and the employee continues to work at the same place after its expiration, the contract automatically becomes indefinite.

Agreement with a minor

When concluding a fixed-term contract with a teenager, the document must reflect the special requirements of the law for the employment of minors (Article 70, Chapter 42 of the Labor Code). In particular, they may not be placed on probation or required to work overtime. Adolescents aged 14-15 have the right to work only with the written permission of a parent or guardian, which must be recorded when concluding a fixed-term contract.

When concluding a fixed-term employment contract with a minor, you can take a regular contract as a sample, which you will find at the link, be sure to add the necessary items to it (an indication that it is urgent, the duration of the contract and the reason for “urgency”, for example, in connection with the performance of seasonal work ).

Contract for a month

The Labor Code does not establish a minimum contract period for an employee. On the contrary, a whole chapter 45 of the Labor Code is devoted to contracts concluded for a period of less than 2 months. That is, it is not illegal to conclude labor contracts for a period of a month. But its text must take into account the limitations imposed on such treaties. For example, as in the case of teenagers, it is forbidden to take employees on probation for such a short time.