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What is a fixed term contract? On a fixed-term employment contract: conditions of conclusion, terms, extension, important issues. Termination of a fixed-term employment contract before the expiration date

By general rule employees are recruited for certain period under an indefinite employment contract. What does urgent mean employment contract? This is an employment contract, the term of which has clear limitations: it is determined by a specific date or a specific event (for example, an employee who was absent goes to work).

It should be noted that a fixed-term employment contract is concluded under the following circumstances:

  • the circumstances under which this species contracts are mandatory (fixed-term employment contract, for example: to perform predetermined work, to send abroad, to replace an employee, etc.);
  • circumstances under which the employer has the right to conclude this type of contract (with part-time workers, with pensioners, with creative workers, etc.).

Under a fixed-term employment contract, employees can be hired by companies, entrepreneurs, individuals who do not have the status of an individual entrepreneur. In general, the term of a fixed-term employment contract should not exceed five years.

Is it possible to conclude a fixed-term employment contract with the chief accountant? An agreement limited in time can be concluded with the chief accountant, an important condition for this is that such an agreement must be concluded without pressure from the employer, by agreement of the parties.

Form of a fixed-term employment contract

A unified form of the contract has not been approved, the employer has the right to develop a document on his own. To conclude employment contracts with employees, a standard fixed-term employment contract can be developed.

The contract with the employee must include all the necessary conditions, as well as additional conditions and details that are included in the contract as agreed by the employee and employer.

Mandatory information that a fixed-term employment contract must contain:

  • the place where the employee will work and his labor function;
  • the date on which the employee is to begin work;
  • the period during which the contract will be valid, and the grounds on which it was concluded;
  • conditions that determine the nature of work, as well as working conditions at the immediate workplace;
  • payment under a fixed-term employment contract (wage);
  • the regime according to which the employee works and rests, if it differs in some way from the general rules;
  • if the work is dangerous or harmful - guarantees and compensations;
  • condition on the social insurance of the employee.

TO additional conditions that should be included in the contract include the duration and conditions of the test for employment, non-disclosure of trade secrets, and others.

An employment contract is concluded in writing, as a general rule, in two copies, but if necessary, there may be more copies. Each copy must be personally signed by both parties, and each must keep a copy of the contract.

Vacation with a fixed-term employment contract

Working under a fixed-term employment contract, the employee has the right to annual leavepaid by the employer, of a standard duration (28 days). For employees who work for the employer for a short amount of time (temporary, seasonal workers), the calculation of vacation has some features.

So, if an employee worked less than half a month, he is not granted leave for this month. If he has worked for more than half a month, then for this month the employee is entitled to two days of vacation.

If by the time the employee leaves, the vacation has not been used up, the employer pays him monetary compensation, which can be calculated as follows: for one month of work, the employee is entitled to two days of vacation. The option of granting leave with subsequent dismissal is possible.

Sick leave with a fixed-term employment contract

With a fixed-term employment contract, sick leave is paid, but in this case, some features are also provided. If the contract is concluded for a period of not more than six months, no more than 75 days of illness are paid.

But what if the contract expires during the illness of the employee? The employer cannot dismiss the employee at will (initiative) at the time of illness or rest of the employee. However, the expiration of the contract and dismissal for this reason is not recognized as dismissal at the request of the employer. Therefore, dismissing an employee if the contract has expired is also allowed during his illness.

Contract or fixed-term contract?

A work contract and a fixed-term employment contract are often confused with each other, but they have significant differences for both parties - both for the employee and for the employer.

What does fixed term contract mean? An employment contract concluded for a specific, specific period is regulated by labor law. A fixed-term employment contract guarantees the employee the receipt of all social guarantees, holidays, sick days. Relations under a work contract are regulated by civil law.

Under an employment contract, the employee performs a permanent labor function, while under a work contract, it is important to achieve a predetermined and known result. Working under an employment contract, the employee receives payment for his work on a regular basis, at least twice a month, regardless of the achievement of certain results. Work under a fixed-term employment contract is the basis for entering information about work in the work book of the employee, is included in the work experience of the employee, when work under the GPA does not give the employee such rights.

Litigation: fixed-term employment contract

In some cases, employers find it safer and more convenient to conclude a fixed-term employment contract than to hire for an indefinite period. However, the mistakes that the employer makes when concluding a fixed-term employment contract (for example, those made when determining the term of the employment relationship) can lead to adverse consequences, as evidenced by judicial practice.

The employer fired the employee because the term of the employment contract has expired. But the worker was hired to replace an employee who was temporarily absent but never showed up for work. A fixed-term employment contract (Labor Code of the Russian Federation, Art. 79) in this case is terminated when the employee who was replaced returns to work. To protect their rights, the dismissed employee went to court. The court ruled that the term of the employment contract in this case becomes indefinite. According to the court decision, the employer violated the procedure for dismissal (Determination of the Khabarovsk Regional Court No. 33-2752 / 2015 of May 15, 2015).

In addition, the employer must remember that he must notify the employee of the termination of the employment contract in advance (three working days in advance). Arbitrage practice confirms: if this condition is not met, a fixed-term employment contract (Labor Code of the Russian Federation, Part 4, Article 58) will be considered concluded for an indefinite period.

In this article, we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. The head in this case concludes that after the expiration of this period labor Relations will be completed.

People decide to fix such an agreement due to the occurrence of certain reasons, for example, if the job seeker is not entitled to conclude an open-ended agreement:

  1. Due to the fact that the employee who previously occupied the vacant position, on this moment is on maternity leave (the law establishes that this position still belongs to that employee).
  2. In connection with seasonal work, when, for example, a harvester is needed, and the organization cannot provide efficient work without hiring additional labor.
  3. Work under a fixed-term employment contract, where employees are currently recruited, is not permanent and lasts approximately 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see) who will “promote” the organization by distributing leaflets on the street.
  4. New employees may also be required if the company is just starting to “go out”, so a designer needs to develop a logo or create a website.
  5. The organization now needs people who will be involved in the same area: interns, trainees, etc.
  6. There are also situations when it is possible to conclude an open-ended contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such persons:

  • managers, their deputies and a specialist in accounting companies;
  • students who are studying full-time;
  • part-time workers;
  • people who work to prevent emergencies;
  • pensioners re-employed after reaching a certain age and persons with disabilities who cannot work for permanent basis due to poor health;
  • employees of individual entrepreneurs, where the number does not exceed 35 people;
  • workers on sea and river vessels;
  • persons who are looking for work in connection with moving to the regions of the Far North;
  • creative workers (writing, theater, cinema, circus).

If you want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it necessary to conclude a fixed-term employment contract?

In what cases should such a form be drawn up:

  • for the period of replacement of an absent employee who is still assigned to his former place of work;
  • for the period when it will be necessary to perform temporary work;
  • seasonal work;
  • if a person is transferred to work abroad;
  • for the implementation of work that goes beyond ordinary activities employer;
  • with people who are going to enter into a contract with a company created for a short period of time;
  • with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
  • for the implementation of work directly related to the practice, or additional vocational education in the form of an internship;
  • in case of employment in the bodies state power And local government, V political parties and other public associations;
  • with people who were redirected by the public health protection authorities to work of a non-permanent nature and public works;
  • with persons who are going to undergo ACS;
  • other situations prescribed by law.

Positive and negative characteristics

For the employee, the following positive traits were identified:

  • availability of certain social guarantees;
  • receipt of a specific amount after dismissal due to the termination of the enterprise;
  • a fixed-term contract can only be drawn up if all the requirements prescribed by law are met.

However, there are also negative properties:

  • leaving work due to the fact that the contract has terminated;
  • dismissal due to the fact that the old employee returned;
  • the difficulties that have arisen due to the fact that it is necessary to take care of the child;

As for the person who hires employees in connection with the execution of a temporary contract, then the employee’s pregnancy may become a minus for him, and, accordingly, removal from office for a while. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If speak about positive side, then it must be said that in this case the employer can fully control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract

The Labor Code sets out the basic requirements and rules. The document contains unconditional grounds and the conclusion of the document in connection with the agreement of both parties.

Consider a fixed-term employment contract and its conditions:

  • fixing the contract due to leaving the place of work for some time by another employee;
  • establishment of temporary or seasonal work;
  • work abroad;
  • due to the increase in volumes at the enterprise;
  • if the company will operate only for a specific time;
  • during the internship period of the future employee;
  • at the time of attachment to the vacancy in question;
  • with unstable funding of an elected body;
  • when working from the labor exchange and at the ACS.

The main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

  1. Article 78 of the Labor Code of the Russian Federation contains information that the document may terminate at any time. Thus, an employee can be fired, even if at that time he is on vacation or on sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
  2. The employee in this case also has a number of advantages, since there is no need to notify your boss within two weeks that you are leaving the place of work. The employee will receive payments immediately, and not in part. An additional plus is that upon dismissal, it will not be necessary to discuss this topic with trade union organizations (81 of the Labor Code of the Russian Federation).

An agreement for vocational training in an organization with a future employee or for vocational retraining with an employee of this organization may also be terminated (208 of the Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or in connection with the conditions specified in the form.

It is possible to increase the term of the contract, which establishes a fixed-term employment relationship, for a certain period.

If you choose an extension for an indefinite period, then you will not need to sign additional documents, since according to the terms of the contract, over time, it ceases to be valid. However, relations based on an agreement between the employee and the employer on the personal performance of the employee labor function, are still real even after the date that establishes the end of a fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are going to extend the employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the relationship for fixed-term contract may not exceed 5 years.

Extension of a fixed-term employment contract for a new term

In 2018, it was found that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: the authorities take responsibility only for a while, so at any time they can break the contract. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for a new term is carried out only if a person has really serious reasons for this.

How to hire staff on a fixed-term employment contract

Let's take a closer look at the stages of registration of the document in question:

  1. Direct conclusion of the contract. Here you need to specify the period (specific date, if any, and other mandatory conditions). Before signing the document, the employee must study the internal regulations.
  2. The company issues an order for the entry of the employee to work. Within three days, the employee must sign the form.
  3. Registration of a work book.
  4. Filling out a personal card in accordance with the sample.

Probation

Article 70 of the Labor Code of the Russian Federation contains a complete list of people for whom probation. This includes persons who:

  • draw up a contract for up to 2 months;
  • passed through the competition;
  • receive an elective salary;
  • persons of the ACS;
  • engaged in raising their children up to 1.5 years and pregnant women;
  • graduates who have just had a graduation, and now they get a job on a diploma, as well as students who were in practice at this enterprise;
  • have not reached the age of 18;
  • were transferred from another boss.
  1. Employees who will be at the enterprise within 2-6 months - 2 weeks.
  2. Managers, deputies, chief accountants - 0.5 years.
  3. Employees who perform certain duties in accordance with their position on public service– month-6 months-year.
  4. In other cases, 3 months is set.

Features when working with pensioners

The boss can conclude an agreement with the pensioner for a certain period. However, there is a nuance here: if you now have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to an urgent type, this is not necessary.

Holidays

A vacation or a sick leave person receives according to the basic rules, which in no way depend on the time period of the contract.

How to fire a pregnant woman

Article 261 part 2 of the Labor Code of the Russian Federation states that during this period in a woman's life it is impossible to terminate a fixed-term employment contract, even if its term for concluding a fixed-term employment contract has expired.

On the basis of a written application, it is only possible to extend the contract until the birth of the child.

Here, too, there is a small nuance: if the girl was a replacement for an absent employee, then after his release, the expectant mother will have to pick up another open vacancy. If it is not possible to make a transfer, then it is necessary to provide written refusal from a worker.

How long is a fixed-term contract?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, it is possible to conclude an agreement for 1 day.

Termination or termination of a fixed-term employment contract and the reasons for such a procedure

Early termination may occur in the following situations:

  • with the consent of both persons (art. 78);
  • execution of an application from an employee (Article 80), as well as the provision of this information to the head in 14 calendar days;
  • Features of a temporary employment contract

    In this case, the person must necessarily indicate the period for which he concludes the contract.

    However, in life there are cases when it is impossible to say for sure about the termination of the document (maternity leave). In this situation, the end date of the contract will be set after the employee returns from vacation.

    As we can see, a fixed-term employment contract requires careful study of all aspects. Extension of a fixed-term employment contract is possible only in certain cases, which we considered earlier. Employment under a fixed-term employment contract can occur, but it is more profitable option for the employer rather than for the employee.

    Interesting Facts

  1. Temporary work is most often liked by students, housewives or retirees who want to earn extra money in their spare time.
  2. Judicial practice shows that frequent renegotiations do not comply with the law.
  3. In the history of entrepreneurship, it happened that a business owner needed to liquidate a company in order to fire an objectionable expectant mother in accordance with the law, so as not to get into legal squabbles.

Let's consider what's going on. How justified is this type of contract and when it is impossible to choose between a fixed-term and open-ended contract.

Distinctive features

According to the Labor Code of the Russian Federation, two types of contract can be distinguished, with the help of which an employee and an employer can formalize relations between themselves. Namely:

  1. urgent;
  2. without a deadline.

In the first case, the term of service of an employee is a limited period of time, but not more than 5 years. This may be related to:

  • the nature of the work;
  • working conditions;
  • with health or age restrictions;
  • human professional activities.

Keep in mind: in the event of a fixed-term employment contract the employer does not have the right to refuse to provide an employee with annual or maternity leave, as well as sick leave. At the same time, all relevant payments for the employee remain.

Is employee consent required?

It is impossible to answer this question unambiguously. Each specific situation must be considered. In most cases, the consent of the future employee is still required.

On practice a fixed-term employment contract is concluded in cases where registration of an employee for a permanent job is impossible for various reasons. For example, the state of health does not allow you to do this (this fact must be confirmed by an official certificate from medical institution). Then his consent is needed.

Investigators, many scientists, professors, university teachers, and artists serve exclusively on fixed-term employment contracts that are signed for a limited period. In most cases - for 5 years. After which they either renew it or refuse services this person. It is not necessary for the employer to obtain consent from these categories of specialists to sign a fixed-term contract, since there is no second option for formalizing relations by virtue of the law in principle.

When consent is not needed

Let's figure it out in what cases is a fixed-term employment contract concluded and there are no other options:

  1. The employee will take the place of a temporarily absent person who is on long-term treatment, on maternity leave, on leave to care for a child with a disability, etc. (i.e. absent for a good reason and retains his place).
  2. Services this specialist needed for a short period of time - no more than 2 months
  3. The employee travels to another country. Example: to work in a branch, for advanced training, internship.
  4. The need for a worker depends on the season. Example: his services are needed in winter to clean the roofs from snow and icicles.
  5. The person will be employed in jobs not related to the main activity of the company. Example: an organization sells auto parts, and the roof is constantly leaking in a warehouse. The workers hired for the reconstruction of the warehouse building will conduct their activities under a fixed-term employment contract.
  6. A group of specialists who work on one project for a company and do not plan to cooperate with it after the completion of work on it.
  7. Employees temporarily employed by an organization for internships or internships.

Terms of signing

The main conditions for signing a fixed-term contract are as follows:

  1. the consent of both parties (except in the cases listed above, when it is not needed);
  2. there is no conflict with the law.

The employee and the employer express a desire to limit their cooperation to a certain period of time. After its expiration, they may, by mutual agreement, decide to terminate or extend the contract.

When signing a fixed-term contract, neither party should be pressured. Otherwise, it may be invalidated.

The employer must not only indicate in the contract the basis for its conclusion for a specific period, but also make sure that the applicant has documents confirming this fact (certificates, certificates, etc.).

What should include

Traditionally in the event of a fixed-term employment contract it must contain the following information:

  1. personal data of the hired person (full name);
  2. grounds for signing a fixed-term contract;
  3. an indication of the period for which it is concluded;
  4. information about the employer (name of the organization, full name of the head or person entitled to sign);
  5. the amount of remuneration that the employee will receive for the conscientious fulfillment of the tasks set (may be monthly or for the entire period of work);
  6. date of signing and autographs of both parties.

A fixed-term employment contract is concluded only in those cases that are provided for by law. A fixed-term contract, which is concluded at the request of the employer without sufficient grounds, is considered concluded for an indefinite period.

Employers have the right to issue temporary contracts when the employment relationship cannot be established for an indefinite period. Such agreements are made:

  • Only in cases provided for by law;
  • Given the nature of the work;
  • Taking into account the conditions of work.

There are two types of grounds for issuing fixed-term contracts: mandatory and by agreement of the parties. In other words, the legislation separates situations when a temporary contract is concluded regardless of the wishes of the parties and when it is drawn up at the personal request of the parties.

The Labor Code contains a closed list of grounds on which a temporary contract is concluded. If a fixed-term contract is not concluded in accordance with these grounds, it is considered to be concluded for an indefinite period.

Let's take a closer look at each type of foundation.

A fixed-term employment contract is mandatory in the following cases:

  • For the duration of temporary work, the term of which is less than two months;
  • Citizens were sent to work abroad;
  • For the duration of seasonal work;
  • For the duration of the duties of an absent employee;
  • Persons get a job in companies that are created for a predetermined time to perform a specific job;
  • The jobs for which employees are hired are different from the jobs that the organization normally does;
  • Work is associated with an increase in production for some time;
  • Citizens are sent to the civil service;
  • Persons are hired for work, the end of which cannot be determined by a specific date;
  • Passing an internship;
  • Election for a specific term to an elective office;
  • Citizens are sent to work by employment agencies.

By agreement of the parties, the contract is concluded:

  • With citizens who get a job with employers who are engaged in small business, the number of their employees is less than thirty-five people (if the organization is engaged in retail- no more than twenty people);
  • With pensioners;
  • With citizens who, due to their health, can only work temporarily;
  • With persons who get a job in companies located in the Far North;
  • With citizens selected in a competitive way to fill a position;
  • To carry out urgent work to prevent various accidents and disasters, as well as to eliminate the consequences after them;
  • with citizens creative professions;
  • With persons holding managerial positions, including chief accountants;
  • With full-time students;
  • With citizens who get a part-time job;
  • In other cases provided by law.

It should be noted that a fixed-term contract is concluded in accordance with the general rules. However, apart from general provisions The text of the agreement must include:

  • The reason for concluding a temporary contract, always with reference to the TC;
  • The term of the contract.

Violation by the employer of the current legislation

If during the execution of a temporary contract the employer violated any norms of the law, the employee has the right to defend his rights. To do this, he can apply to the court.

If there is controversial situation, the court recognizes a temporary contract as a contract concluded for an indefinite period, if, upon its conclusion, the employer:

  • Did not specify the term of its validity in the text of the contract;
  • Did not take into account the list of cases in which it is possible to conclude a temporary contract;
  • He did not indicate the reason why the contract is concluded for a certain period;
  • Did not provide the employee with the stipulated rights and guarantees.

If the dismissal of an employee is illegal, the court will oblige the employer to:

  • Reinstatement of the employee in the previous position;
  • Payment to an employee wages for the period of forced absenteeism;
  • Compensation for non-pecuniary damage.

It is worth noting that the court may recognize a temporary contract as a contract concluded for an indefinite period not only upon termination of the contract, but also during its validity.

Changing the term of the contract

Employers quite often wonder if it is possible to change the term of a temporary contract.

As a general rule, the extension of the period of validity of a temporary contract is prohibited. However, there are exceptions to all rules. So, in this situation, there are cases in which the employer can (and sometimes even obliged) to extend the contract. Subject to these exceptions, the contract period can be extended with:

  • Employees of higher educational institutions elected in a competitive way to fill a previously occupied position;
  • Athletes;
  • Expectant mothers (if a woman writes an application for an extension and provides a certificate from a doctor).

It is possible to extend the period of the contract only in these three cases. To extend the term of the contract in other cases, you can make changes to the text of the contract. This can be done by signing an additional agreement.

Renewing the contract with the help of agreements, employers should remember that the maximum allowable renewal period is five years. Also, in order to extend the contract, the grounds on which the contract was concluded must be preserved.

For more information about the conditions for extending a fixed-term employment contract, read in.

Hello! Today we will talk about hiring on a fixed-term employment contract. The features of such an agreement are detailed in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid litigation and fines, the employer should understand all issues in detail.

What is a fixed term contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relationships have an agreed end date, unlike the usual one.

  • Download the form, a sample fixed-term employment contract
  • Download Sample Order for Employment under a Fixed-Term Employment Contract

Fixed-term and perpetual contracts - what is the difference

For ease of comparison, we present the data in the form of a table:

Index

Perpetual TD

Urgent TD

Validity Has no expiration date Maximum five years. The term can be indicated by a date or an event (exit of a permanent employee, end of temporary work). In addition, added to the order
Reason for confinement Not specified Required in order
Worker task The employer constantly assigns new tasks The task is one-time and specific
Social guarantees for an employee Provided by the Labor Code (sick leave, vacation, etc.) Similar to BTC, if STD has not yet expired at the time of the guarantee period
State attitude It is perceived as a guarantee of a stable income for the population and the prosperity of the economy A possible source of risk in the form of abuse by the employer. Maximum

However, the employer is not always free to choose which type of contract to offer to the applicant, since in some paragraphs the law requires the conclusion of a STD, and in some it makes such a step on the part of the employer possible, but not mandatory.

In what cases is it necessary to register an employee according to STD

There are types of work, the nature and conditions of which require the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal features, as well as the inability to know the end date of the activity.

We list the main cases:

  • During the absence of a permanent employee (for example, due to maternity leave);
  • When sending an employee to work abroad;
  • In case of temporary transfer of an athlete to another employer;
  • If the employing organization itself was created temporarily to solve a specific problem;
  • For activities that are not typical for the organization;
  • To perform seasonal work;
  • To perform temporary work (up to two months);
  • For work in connection with professional activities / internships;
  • For persons sent to public works;
  • If the employee is a vice-rector of a higher educational institution;
  • If citizens are undergoing alternative civilian service;
  • When elected for a fixed term as a member of an elected body.

In what cases is it possible to register an employee under STD, but not necessarily

An optional STD is called “by agreement of the parties”.

The employer may conclude it with persons under the following circumstances:

  • Small businesses with no more than thirty-five employees;
  • An employee of retirement age, as well as if, according to the doctor's prescription, he can only be in a temporary job;
  • Working in conditions extreme north and is associated with moving there;
  • To eliminate the consequences of catastrophes, epidemics, accidents, as well as to prevent these events;
  • People of creative professions (filmmakers, media journalists, theater and circus artists);
  • Full-time employee in an educational institution;
  • Crew members of sea and river vessels;
  • Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activities of the company;
  • part-time workers;
  • Deputy positions of scientific and pedagogical employees in a higher educational institution;
  • Persons invited to the coaching position to prepare the wards for the competition.

In all other cases (the vast majority of them), the law prescribes the hiring of workers only under an indefinite employment contract.

How to apply for a job on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct completion of all documents. In general, employment according to STD does not differ from the traditional one, but has several features.

With both options for employment, the employee must bring the following documents to the personnel department:

  • Passport or other identity document;
  • Work book (if the work is the first, the employer, by law, does not have the right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be entered by the employer himself);
  • Insurance certificate of state pension insurance (SNILS);
  • Documents of military registration - for persons liable for military service;
  • Document on education or qualification;
  • Certificate of non-conviction.

Strictly according Labor Code The employer is not entitled to ask the employee TIN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee's activity (trade, education, public catering, and others).

After the employee submits the documents, the next multi-stage stage begins - its execution personnel service organizations. At this stage, there are a number of nuances inherent in STD.
Let's look at them in a table:

Stage No. Document Fill feature

Important to remember

Application for a job Compiled by hand on paper. Its appearance is at the discretion of the organization Is not binding document. If available, stored in the employee's personal card
Employment contract An indispensable condition is that the contract must specify the expiration date of its validity. It must also provide the basis for its conclusion. If the term is not specified, in the eyes of the law, the contract will automatically become indefinite. Even if the deadline is indicated in the order for employment
The order of acceptance to work Fill out a printed form T-1 (single person) or T-1a (multiple). 2 dates are entered in the "date" cell - "from" and "to" It is necessary to mark the event as the end of the contract if its calendar date is unknown. For example, "upon completion of the collection of apples in the orchards"
Employment history The employment record does not differ from the BTC record - “temporality” is not reflected in any way "Urgency" will be reflected later, upon dismissal, through a record mentioning the expired contract
Employee's personal card The card has a unified form T-2 After reviewing the entry in the work book and personal card, the employee signs on the 2nd and 3rd page of the card
Add. employment contract agreement optional step. Compiled if the STD has expired, but both parties want to extend the employment relationship In this case, the contract is transformed into an open-ended contract.

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, as well as confirm your familiarization with a signature in the appropriate journal.

Employment contract, order and employment history are recorded in the relevant journals by an employee of the personnel department.

What probationary period can be set for STD

As you know, with a regular employment contract, the probationary period cannot exceed three months (or six months in the case of the position of a manager or chief accountant). However, with STD, the conditions are somewhat different, given the possible short duration of work.

  • Unless otherwise provided, the trial period remains the standard of up to three months;
  • If the TD is issued for a period of two to six months, then the duration of the test cannot exceed a two-week period;
  • If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we have analyzed the key issues on a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and more confidently lead their company to success.

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