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Fixed-term employment contract template. Fixed-term employment contract: features of the conclusion, the difference from an indefinite one, termination

An example of a fixed-term employment contract: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to set up beds, fertilize, plant strawberries, take care of them every day in order to eventually get a good harvest. One, of course, cannot cope, we need helpers. Hundreds of people who want to help run to you in a crowd, for a purely symbolic and modest monetary reward.

You are happy to accept offers, but the question arises: how to properly arrange short-term industrial relations with people? After all, you will need their services only for the summer period, and what if one of them does not want to quit in the fall, saying bluntly: no, give me a salary now all the time!

Grounds for concluding a fixed-term employment contract

For how long is

The maximum term of a fixed-term employment agreement is five years, the minimum period is not limited ().

Features of a fixed-term employment contract

One of the features is the obligation to indicate the reasons for the conclusion of a contract with limited terms. offers a complete list of grounds on which a fixed-term employment agreement is concluded. If there are no grounds for its conclusion in the text of the document, then by the court it can be recognized as indefinite ().

You must indicate the end date or indicate an event that means the end of work ().

Test for a fixed-term employment contract

The test in this case depends on the term of the contract. If the period is less than two months, the trial period is not set ().

If the duration of the temporary contract is between two and six months, the trial cannot exceed two weeks ().

Fixed-term employment contract and pregnancy

Yes, it also happens ... In this case, the employer, according to, will have to demand (but very gently!) From the employee an appropriate medical certificate confirming her interesting condition, and extend the temporary agreement until the end of the pregnancy, i.e. actually before delivery. When she gives birth to a baby, you can say goodbye to her, but until that moment, you can't.

However, options are also possible. If, instead of a certificate of pregnancy, a girl brings a statutory form of a sheet of temporary disability, where pregnancy is indicated in the justification for its issuance, as well as a statement of the desire to go on paid leave (it does not matter at all how long she worked for you, at least a week), the employer will have to prepare and sign the corresponding order. Because, according to article 260 of the Labor Code of the Russian Federation, before (or after) maternity leave, the employer is obliged to provide the woman with annual paid leave, regardless of the time she worked for him.

Therefore, it turns out that instead of three summer months, some legally literate girls can hold out on temporary work longer.

Vacation with a temporary contract

Persons who have issued a temporary labor contract have the same rights as persons who have fixed industrial relations for an unlimited period.

Therefore, if the term of the temporary work agreement allows the employee to go on annual paid leave, the rest is provided on a general basis.

If the time frame does not allow, then upon dismissal, the accounting department will make the employee the appropriate monetary compensation.

Temporary employee dismissal rules

According to article 79 of the Labor Code of the Russian Federation, a fixed-term contract ends with the expiration of its validity period, this is an independent basis for terminating working relations.

The employee is notified of the termination of the contract in writing at least three calendar days prior to his dismissal under a temporary labor agreement. You can download a free sample of a fixed-term employment contract with an employee for 2019 below.

Labor legislation provides an opportunity to conclude a fixed-term employment contract. Also, the Labor Code discusses in detail all aspects that are associated with a fixed-term contract: from the procedure for hiring an employee to his dismissal. However, no one is insured against the occurrence of controversial situations that arise from the incorrect execution of the contract or the application of the provisions of the law.

An employment contract is an agreement between an employer and an employee. Upon its conclusion, the employer assumes the obligation to provide the employee with work, which is due to his job function; to ensure working conditions stipulated by Russian legislation, collective bargaining agreements, agreements, local regulations; on payment of wages on time and in the appropriate amount. And the employee, in turn, must independently perform the labor function, which is defined in the contract, and also comply with the internal labor regulations established in this company.

In accordance with part 1 of Article 58 of the Labor Code, an employment contract may be concluded:

  • for undefined period;
  • for a certain period, but not more than five years.

A fixed-term employment contract can be called a lifesaver for employers who need, for example, to replace a temporarily absent employee or send people to perform seasonal work, etc.

This contract, in accordance with Article 59 of the Labor Code, may be concluded depending on the nature of the work or the conditions for its performance, or by agreement of the parties. At the same time, all possible situations in which a fixed-term employment contract can be concluded are enshrined in legislation. Consequently, the employer does not have the right to independently establish the grounds for concluding such an agreement with employees.

In most cases, organizations enter into fixed-term employment contracts:

  • with seasonal workers. Seasonal works are works that, due to climatic and other natural conditions, are performed within a certain period (season), not exceeding, as a rule, six months. At the same time, there are seasonal works that are carried out for more than six months, and their maximum duration is determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership;
  • for the period of replacement of an absent employee;
  • for temporary work (up to two months);
  • with retirees, etc.

Depending on the type of contract to be concluded, the conditions that must be contained in it are determined.

Terms of a fixed-term contract

  • Full name of the employee and the name of the employer;
  • employee passport data;
  • Employer's TIN;
  • information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate powers;
  • place and date of the conclusion of the contract;
  • place of work;
  • labor function;
  • start date of work; - terms of remuneration;
  • working hours and rest hours;
  • information about the nature of the work;
  • condition on compulsory social insurance, etc.

However, the registration of a fixed-term contract has some peculiarities.

First, it must also indicate the reasons and grounds for concluding the contract. Secondly, the term of the agreement is indicated. The end of the validity period can be determined either by a specific date or by the occurrence of a specific event (for example, the exit of an absent employee). At the same time, the wording about the term in each case must be prescribed, starting from what specifically determines the moment of termination of the contract.

Special rules

When concluding a fixed-term employment contract, you can also set a trial period. An exception is work for up to two months. If the term of the contract is from two to six months, then the probationary period cannot exceed two weeks. In other cases, it is installed in the usual way.

If an employee is hired to perform temporary work, then in the text of the contract it is prescribed what kind of work needs to be done and the deadline for their completion. For example, the following is indicated:

"This employment contract is urgent and is concluded for the duration of the landscaping work for the period from June 15, 2012 to July 10, 2012".

In this case, it is possible not to indicate the exact date of the end of the contract, if for some reason it cannot be determined. At the same time, the contract states that it terminates upon completion of certain work, for example:

“The contract is concluded for the implementation of temporary work on the compilation of a catalog of goods. The employee begins to perform his job duties on January 15, 2013. This fixed-term employment contract expires upon completion of the catalog compilation..

Please note that temporary jobs should last no more than two months.

When concluding a fixed-term employment contract for the duration of the performance of the duties of the absent employee, the agreement terminates with the exit of the absent employee to work. The following wording can be applied here:

“This employment contract is urgent, it is concluded for the duration of the performance of the duties of the absent accountant V.V. Vasiliev and is valid until his return from a business trip ".

If the contract is drawn up for the performance of seasonal work, then it is necessary to prescribe that it is concluded specifically for the season, since it is difficult to determine the expiration date of the agreement due to the fact that the length of the season depends on the natural and climatic conditions.

Also, when concluding a fixed-term contract by agreement of the parties, it is mandatory to indicate why the parties decided to conclude it.

Order and labor

The order of employment is drawn up in the form No. T-1 or T-1a. When concluding a fixed-term employment contract, you must fill in both cells "from" and "to". However, as mentioned above, it can be difficult to determine the end of the contract, therefore, in the column "to" you can specify:

  • specific date;
  • an event that determines the termination of an employment contract.

In this case, this column must be filled in in accordance with the condition that is spelled out in the contract. For example, it may contain: "Until the return of a temporarily absent employee from a business trip".

It is also mandatory to fill in the column "Conditions of employment, nature of work". This column may contain:

  • under a fixed-term agreement for the duration of the duties of an employee on a business trip;
  • under an urgent contract for the period of temporary work to compile a catalog, etc.

It is important

The maximum term for which a fixed-term employment contract can be concluded is five years, and the minimum is not defined in labor legislation. When an employee is sent abroad, the term of a fixed-term employment contract cannot exceed three years.

The work book is filled in according to the rules established by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. After the expiration of the contract, an entry is made in it in accordance with paragraph 2 of part 1 of article 77 of the Labor Code: "Fired due to the expiration of the employment contract".

Termination, extension, transformation

Upon the expiration of the term of the agreement, it must be terminated. The employee must be sent a notice of termination of the contract. This notice is sent to the employee three days before the date of termination and is drawn up in free form. Most often it is prescribed in it:

  • name of the organization;
  • Full name of the employee;
  • date and reason for termination of the contract.

In this case, a fixed-term contract can be terminated before the end of its term (for example, at the employee's own request). In this case, the dismissal procedure must comply with the general rules established by article 84.1 of the Labor Code. The dismissal order is issued in accordance with the unified form No. T-8 or T-8a established by the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Also, after the termination of a fixed-term employment contract, it can be extended. But this action can have negative consequences. So, in paragraph 14 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", it is indicated that the servants of Themis can re-qualify a fixed-term employment contract into an unlimited one on the basis of its repeated renegotiation for a short period for doing the same job.

There is also the possibility of transforming a fixed-term contract into an unlimited one. This happens if none of the parties demanded the termination of the fixed-term contract due to the expiration of its term and the employee continues to work. At the same time, Rostrud's letter dated November 20, 2006 No. 1904-6-1 recommends the conclusion of an additional agreement to the fixed-term agreement, which will indicate that it has now been concluded for an indefinite period. However, this is optional.

Special requirements

Labor law sets out specific requirements for fixed-term employment contracts concluded for a period of up to two months or for a season.

When concluding a contract for the performance of temporary work, it is prohibited to establish a trial period. If the employee went to work on holidays or weekends, then it is compensated only in cash and not less than double.

Compensation for vacation, if it was not used, is determined on the basis of two working days per month of work. An employee is not paid severance pay, unless otherwise provided by a collective or labor agreement.

If seasonal work is performed, then it is regulated in much the same way as temporary work. However, the period for warning the parties about the unilateral early termination of the employment contract for the employee is three days, and for the employer - seven days.

I. D. Shilov, lawyer

Labor disputes - disagreements between employees and the administration of enterprises on issues related to wages, working conditions, length of leave, hiring and dismissal from work. ( : Sample of a fixed-term employment contract 2017, as well as other types of employment contracts at the end of the page )

Most of our life is spent in work. Labor is the main activity of a person's manifestation in life. Labor activity - this is, first of all, social relations. Relationships at work with the employer and colleagues, which include rights and obligations.

In practice, disagreements often arise between the employer and the employee, which, quite often, can develop into confrontation. For example, non-payment or delay of wages, dismissals, disciplinary actions. A professional approach is required to resolve such issues.

Fixed-term employment contractwith an employee hired to performa known job

__________ "__" ___________ ____

Hereinafter we refer to __ as the "Employer",represented by __________________________________________, acting on the basis of______________________ _________________________________, on the one hand, and______________________________________, passport: series ________ N ________,issued ____________________________________________ "__" ___________ ____,hereinafter referred to as the "Employee", on the other hand, collectively referred to asThe "Parties" have entered into this Agreement on the following:

SUBJECT OF THE CONTRACT (Sample of a fixed-term employment contract)

1.1. The employer instructs, and The employee accepts undertake to perform work on ___________________________.

1.2. Work under the Agreement is the main one for the Employee (or: part-time).

1.3. The Employee's place of work is ___________________, located at: _____________________________________.

1.4. The employee reports directly ______________________.

1.5. The Work of the Employee under the Contract is carried out under normal conditions. Labor duties of the Employee are not associated with the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee is subject compulsory social insurance from industrial accidents and occupational diseases.

1.7. The Employee undertakes not to disclose legally protected secrets (official, commercial, other) and confidential information owned by the Employer and his contractors.

CONTRACT TIME

2.1. The contract comes into force from the date of its conclusion by the Employee and the Employer (or from the date of the actual admission of the Employee to work with the knowledge or on behalf of the Employer or his representative) and terminates upon completion of the work entrusted to the Employee.

2.2. Start date of work: "__" ___________ ____

2.3. Based on par. 8 h. 1 tbsp. 59 of the Labor Code of the RussianFederation real The contract is concluded for a period up to ____________________________________________ _____________________________________ in connection with the performance of deliberately certain work in cases where her completion cannot be determined by a specific date.

An employment contract concluded for the duration of a certain job terminates upon completion of that job.

WORKER'S PAYMENT CONDITIONS

3.1. For the performance of work, the Employee is established official salary in the amount of ________ (_____________) rubles per month.

3.2. The employer sets additional payments, allowances and incentive payments... The sizes and conditions of such additional payments, allowances and incentive payments are determined in the Regulations on bonuses to the Employee (approved by the Employer "__" ___________ ____), with which the Employee is familiarized when signing the Agreement.

3.3. In the event that the Employee, with his written consent, along with his main job, performs additional work in another position or fulfills the duties of a temporarily absent employee without relieving him from his main job, the Employee is paid an additional payment in the amount determined by the Parties in a supplementary agreement.

3.4. Wages are paid to the Employee at the place where he performs the work by issuing cash at the Employer's cash desk or by transferring to the Employee's bank account at least every half month.

MODE OF WORKING TIME AND TIME OF REST. VACATION

4.1. The following working hours are set for the employee: _____________________ with the provision of ______ day off (s) day (s) ______________.

4.2. Start time: ________________________.End of work: ____________________.

4.3. During the working day, the Employee is set a break for rest and meals from ___ hours ___ minutes to ___ hours ___ minutes, which is not included during working hours.

4.4. The annual basic paid leave is granted to the Employeelasting _______ ______ calendar days.

The Employee has the right to take leave for the first year of work after six months of his continuous work with this Employer. By agreement of the Parties, paid leave may be granted to the Employee even before the expiration of six months.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the sequence of granting annual paid leave established for the given Employer.

The employee must be notified of the start time of the vacation against signature no later than two weeks before the start.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted unpaid leave for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer.

RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Perform the following job duties (perform the following work): __________ _________________________________________________________________________________________________________________________.

5.1.2. Follow the rules internal labor regulations, labor discipline, labor protection and labor safety requirements.

5.1.3. Treats property with care The Employer (including property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees.

5.1.4. Immediately inform the Employer about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property).

5.1.5. By order of the Employer, go on business trips in Russia and abroad.

5.2. The employee has the right to:

  • amendment and termination of the Agreement in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
  • providing him with work stipulated by the Agreement;
  • a workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);
  • timely and in full payment of wages in accordance with their qualifications, the complexity of work, the quantity and quality of work performed;
  • rest, provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;
  • complete reliable information about working conditions and labor protection requirements at the workplace;
  • professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation, other federal laws;
  • association, including the right to form and join trade unions to protect their labor rights, freedoms and legitimate interests;
  • participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);
  • collective bargaining and the conclusion of collective agreements and contracts through their representatives, as well as information on the implementation of the collective agreement (if any), agreements;
  • protection of their labor rights, freedoms and legal interests in all ways not prohibited by law;
  • resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
  • compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral harm in the manner established by the Labor Code of the Russian Federation, other federal laws;
  • compulsory social insurance in cases stipulated by federal laws.

RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer has the right:

  • change and terminate the Agreement with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
  • encourage the Employee for conscientious and effective work;
  • require the Employee to fulfill his job duties and respect the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, to comply with the Internal Labor Regulations;
  • to bring the Employee to disciplinary and material liability in the manner established by the Labor Code of the Russian Federation, other federal laws;
  • to adopt local regulations.

6.2... The employer is obliged:

  • comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement (if any);
  • provide the Employee with work specified in the Agreement;
  • ensure the safety and working conditions that meet the state regulatory requirements for labor protection;
  • provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of labor duties;
  • provide the Employee with equal pay for work of equal value;
  • pay in full the salary due to the Employee within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement (if any), the Internal Labor Regulations;
  • conduct collective bargaining, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;
  • provide the Employee's representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;
  • to acquaint the employee, against signature, with the adopted local regulations directly related to his labor activity;
  • timely fulfill the orders of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising control and supervision functions in the established area of \u200b\u200bactivity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;
  • consider the submissions of the relevant trade union bodies, other representatives elected by the employee about the violations of labor legislation and other acts containing labor law norms, take measures to eliminate the violations identified and report on the measures taken to the said bodies and representatives;
  • create conditions that ensure the participation of the Employee in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement (if any);
  • to provide for the everyday needs of the Employee related to the performance of labor duties;
  • carry out compulsory social insurance of the Employee in the manner prescribed by federal laws;
  • fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, collective agreement (if any), agreements, local regulatory acts.

TERMS OF SUPPLEMENTARY INSURANCE OF THE EMPLOYEE

7.1. The employee is subject to additional insurance in the manner and under the conditions established by the collective agreement and (or) local regulations of the organization (if any), agreements of the Parties and the current legislation of the Russian Federation.

LIABILITY OF THE PARTIES

8.1. A party to the Agreement guilty of violating labor laws and other regulatory legal acts containing labor law norms is liable in the cases and in the manner established by the Labor Code of the Russian Federation and other federal laws.

TERMINATION OF THE AGREEMENT

9.1. Grounds for termination of the Agreement:

9.1.1. Expiration date his actions, about which the Employee must be notified in writing at least three calendar days before dismissal.

In the event that none of the Parties demanded termination of the Agreement due to the expiration of its validity period and the Employee continues to work after the expiration of this Agreement, the urgent condition of which becomes invalid and the Agreement is considered concluded for an indefinite period.

9.1.2. Other reasons, provided for by the Labor Code of the Russian Federation.

9.2. With the order (instruction) of the Employer on the termination of the Agreement, the Employee must be familiarized with signature. At the request of the Employee, the Employer is obliged to give him a duly certified copy of the said order (instruction). In the event that the order (order) to terminate the Agreement cannot be brought to the attention of the Employee or the Employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (order).

9.3. Day of termination of the Agreement in all cases, the last day of work of the Employee is, except for cases when the Employee did not actually work, but, in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained.

9.4. On the day of termination of the Agreement and make settlements with it in accordance with art. 140 Labor Code of the Russian Federation. Upon written application of the Employee, the Employer is also obliged to provide him with duly certified copies of documents related to the work.

FINAL PROVISIONS

10.1. Terms The contracts are confidential and are not subject to disclosure.

10.2. The terms of the Agreement are binding on the Parties from the moment of its conclusion. All changes and additions to the Agreement are formalized by a bilateral written agreement.

Labor legislation - legislation governing the labor legal relationship between an employee and an employer arising in the process of employment.

The right to work is enshrined in the fundamental law of our country - the Constitution of the Russian Federation. The main legislative act governing labor relations is the Labor Code of the Russian Federation.

The Labor Code is obliged to comply with all parties, both employees and employers, regardless of their organizational and legal form. However, not all labor issues are regulated by this law.

Rules for drawing up a fixed-term employment contract

Legal relations not regulated by the code can be regulated by local acts of the employer. Local acts regulate in detail the rights and obligations of the parties to labor legal relations.

These acts are approved by the management of the enterprise - employer and are binding not only for employees, but also for employers themselves. Local acts can be in the form of regulations, instructions, orders, etc. Each employee of the employing organization must be familiar with each such act. Local acts should not contradict the labor legislation of the Russian Federation.

If the employer's internal document contradicts any regulatory act, then in terms of contradiction, the local act does not apply, in this case the priority remains with the legislative regulatory acts.

In addition to local acts, the relationship between the parties is regulated by an employment contract. An employment agreement can be drawn up both for a certain period () and for an unlimited period. In this article, we will consider some of the features of such a document using the example of a sample employment contract with an employee.

Features of the conclusion of fixed-term contracts

Fixed-term employment contract - a written agreement between the employee and the employer on the basic working conditions and concluded for a specified period. The term of such an employment contract cannot exceed five years.

A fixed-term employment contract, the sample below, is an exception to the general labor rules. In the overwhelming majority, an employment contract is concluded between the worker and the employer for an indefinite period, and only in cases where this is impossible, a fixed-term employment contract is concluded.

The Labor Code of the Russian Federation establishes cases when a fixed-term contract can be concluded. This list is comprehensive. The conclusion of such an employment contract under other circumstances is not allowed by labor legislation.

If the employment agreement does not contain the term for which it is concluded, then, in accordance with labor law, it is considered that it is concluded for an indefinite period.

Consequences of the expiration of the contract

At the end of the term of the employment contract, none of the parties to the agreement demanded its official termination due to the expiration of the term and the employee continues to perform his job duties, then such an employment contract is considered concluded indefinitely.

The labor legislation of our country prohibits the conclusion of fixed-term employment contracts in order to evade the granting of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.

The employer is prohibited from demanding that the employee perform labor functions not provided for by the employment contract.

This page contains one of these documents. A fixed-term employment contract with an employee, the form of which is located below you can download absolutely free of charge, using the functionality at the end of the page.

Fixed-term employment contract with an employee

moscow "___" ___________ 201_.

Limited Liability Company "__________________" (abbreviated name LLC "____________"), hereinafter referred to as "Employer", represented by the General Director _______________________________, acting on the basis of the Charter, on the one hand, and citizen _______________________, hereinafter referred to as "Employee", with on the other hand, we have entered into this employment contract, hereinafter referred to as the "Agreement", as follows.

1. The Subject of the Agreement
1.1. Under the Agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this contract, to ensure the working conditions provided for by the current labor legislation, local regulations of the Employer, to pay the Employee wages in a timely manner and in full.

etc...

The entire sample of a fixed-term employment contract is posted in the attached file.