Before moving on to the question - types of labor contracts - it is necessary to understand what constitutes a labor contract itself.
An employment contract is understood to mean the basic legal form through which the principle of freedom of labor, prescribed in the constitution, is implemented. Since due to the opportunity to work, citizens can provide not only their material well-being, but also spiritual development.
Freedom of labor is the right of every citizen to dispose of their work either independently, as an entrepreneur, or through a conclusion with the employer
contractual relationship.
Such documents must be concluded between the employer and the employee only in writing and in duplicate. At the same time, not only organizations (legal entities), but also individual entrepreneurs (IP) or other individuals can act as an employer to provide for their needs.
Types of employment contracts, depending on the validity period: unlimited, i.e. concluded for an indefinite period of time, and a fixed-term employment contract:
• prisoner for a certain period of time (up to 5 years);
• a prisoner for a specific time period for performing certain works.
In practice, it is not uncommon to conclude a “labor agreement”. In Russian law, there is no such thing as a “labor agreement”. The substitution of labor agreements by such agreements is a deliberate infringement of the rights of the worker.
Let us dwell in more detail on what is concluded under the concept of a fixed-term employment contract.
As a rule, they try not to conclude an IP contract with an employee for a long time, so that if necessary they can quickly get rid of an objectionable employee, which is a deliberate violation of the Labor Code of the Russian Federation. Therefore, a fixed-term employment contract cannot be signed in law without sufficient justification. The prosecutor's office and state labor inspectors pay special attention to such a violation with the ensuing consequences. Such contracts are applicable if it is necessary to replace temporarily absent employees or for the time necessary to perform a specific job that is of an unstable nature, for example, seasonality. Moreover, at the end of the term of the contractual conditions, the employee must be quit, and in the future he can be hired again under the new contract.
In order to avoid unforeseen consequences in an employment contract concluded for a certain period, if possible, they do not indicate the exact dates of its validity, but use the following formulations: "for the duration of the illness ...", "until the facility is commissioned ...", "for the time being holidays ... "etc.
Fixed-term types of labor contracts concluded for an unlimited time, for example, before signing the act of completion, require the execution of an act on the acceptance of work that was performed by the employee under such an agreement. Such an act serves as confirmation of the completion of work and is the basis for calculating the payment for work performed.
All types of employment contracts require mandatory written registration. In this case , the employee’s employment contract with a legal entity and the individual employment contract with the employee are mandatory, in accordance with the Labor Code of the Russian Federation, Art. 57 should contain complete information about each party concluding the contract and a number of essential conditions, such as:
1) place of work;
2) a specific start date;
3) the name of the specialty, position, profession;
4) duties and rights of both the employee and the employer;
5) working conditions and conditions;
7) remuneration.
In addition to those listed in the employment contract, other conditions may well be present, for example, on a probationary period, on non-disclosure of secrets, on the obligation to work out the period specified by the contract after training, if the employer financed the training, as well as other conditions.
Certain changes can be made to the conditions, but only by agreement of the parties, and only in writing.