Often, a company requires a specialist to perform any one-time job. It is not advisable to apply for a full-time staff, therefore, often the owners of enterprises decide to conclude a fixed-term employment contract. You should understand the features of this process so as not to violate the provisions of the TC. There are certain obstacles to the drafting of this agreement, therefore, there must be good reason for this. Be sure to include in such a contract information about the duration of its validity.
Grounds for drafting a document
Initially, it is important to decide when to use such an agreement. The reasons for concluding a fixed-term employment contract are enshrined in law. Therefore, it is possible to compose it only with some employees:
- working on an urgent or temporary basis;
- carrying out activities only in a particular season;
- sent to another state to carry out certain work;
- adopted for the implementation of a specific task;
- employed in a company that was originally created for temporary functioning.
It is also allowed to draw up this document if an appropriate peace agreement is concluded between the employee and the owner of the enterprise. The reasons for concluding a fixed-term employment contract must be valid, since otherwise the employee of the institution may apply to the labor inspectorate in order to require the preparation of a permanent contract.
Often, employees themselves ask to be temporarily employed. This includes retirees or people with different health difficulties, so they are only allowed to work for a short period of time.
The nuances of drawing up an agreement with a pensioner
If a person has already reached retirement age, then it is allowed to conclude a fixed-term employment contract even if he will perform work for which, in another situation, the formation of a standard agreement is required. It does not matter what the nature of the citizen’s work is. But at the same time, the pensioner must have consent to such work.
If after retiring, a pensioner applies to a court or labor inspectorate with a statement stating that he was forced to sign an interim agreement, this will lead to the employer being forced to pay compensation to the citizen, and will also be held administratively liable.
Responsibility for violation of conditions
When using an urgent agreement, it is important to carefully write down all the terms of this contract. Both parties must follow these guidelines exactly. If an employee violates them, then a disciplinary sanction can be applied to him, and he can also be fired under the relevant article of the Labor Code.
If the company violates the conditions for concluding a fixed-term employment contract, then this leads to administrative liability. Due to this, the labor inspectorate may levy significant fines:
- the organization is charged from 50 to 100 thousand rubles .;
- officials represented by directors or unit managers must pay 10 to 20 thousand rubles;
- if the employer represents an individual entrepreneur, then he pays from 5 to 10 thousand rubles.
The above fines are applied if only a single violation is detected, and if the requirements of the law are regularly violated, more severe penalties can be used. Therefore, the fine for the company may increase to 200 thousand rubles, and officials may be disqualified for up to three years. Entrepreneurs pay a fine of up to 40 thousand rubles.
How long is the contract?
When using an urgent agreement, it is important to indicate in the text the period during which it will be valid. This is the essence of a fixed-term employment contract, since a citizen is not accepted into the staff of the enterprise on an ongoing basis.
As much as possible this contract can be made for 5 years. The legislation does not contain information about the minimum period of validity, therefore it is allowed to form an agreement even for several days, although this is not very optimal, since under such conditions it is important to draw up a service agreement.
Often, in the text of the contract, the term for the termination of the fixed-term employment contract is not precisely determined, since not only a specific date can be indicated, but also the moment the completion of a certain work is completed. For example, it may be prescribed that the agreement terminates after the full-time employee leaves the decree.
Nuances of termination of the contract
Terminates the contract from the moment when the relevant period ends. It can be represented by different events or by a specific exact date, which is written in the document.
For convenience, some companies create a special register of fixed-term contracts if it is required to regularly attract different specialists in the process of functioning. Based on this document, notifications are prepared for employees who must be fired on a particular day. This makes it possible not to violate labor laws.
How is it extended?
When concluding a fixed-term employment contract, it is stipulated that such an agreement is valid only for a limited amount of time. The renewal process depends on how much more time the employee needs to complete the tasks. It is taken into account that under one contract a citizen cannot work longer than 5 years. Therefore, it is impossible to extend it for a longer period.
Therefore, the contract extension process takes into account some features:
- if a woman who announces her pregnancy is temporarily employed by the company, the contract will have to be extended until the end of the pregnancy, but only on the condition that there are indeed grounds for termination of this contract;
- a citizen held the position of a pedagogical worker, after which he was elected to this place by competition, therefore, an extension of the agreement is ensured;
- often employers simply terminate the previous contract and draw up a new contract, indicating in it the desired period of time;
- if an extension is made for an indefinite period, it is assumed that a permanent labor agreement is being formed;
- if on the day the contract expires no party takes action to terminate the employment relationship, then it is considered that the contract was automatically renewed, so the employee is employed on a permanent basis;
- already during work, the employer can offer the employee the opportunity to work in the state, but it is necessary to issue an order or draw up an additional agreement.
If the head of the company takes a temporary job, then by all means this information is entered into the constituent documentation of the enterprise. Therefore, under such conditions, to extend the contract, it will be necessary to make adjustments to the charter.
What documents are drawn up by the personnel department?
If employees are hired on the basis of a fixed-term contract, then HR specialists must prepare numerous documents. These include:
- Immediate fixed-term employment contract with an employee. It consists of a maximum of five years. At the same time, there should be a reference to the basis for its conclusion, for example, one-time or seasonal work is required.
- Additional agreement to the contract. It is drawn up if the contract expires, but both parties decide that it is required to extend it for a while. In this case, there is a transition of the fixed-term agreement to the unlimited.
- Order. To conclude a fixed-term employment contract, it is required to issue an order to the head of the company in the form of T-1 or T-1a. This document must contain information about how long the document is valid.
- Entry into the work book. Even temporary employment requires an entry in the workbook.
Often, employees themselves wish to terminate a fixed-term employment contract for various reasons before the expiration of its term. This requires warning the employer of the decision in writing. The process is carried out two weeks before the date of dismissal. If before the expiration of the agreement there are less than two months, then mining is reduced to three days.
Legislative regulation
Work under a fixed-term employment contract is regulated by various legislative acts. Therefore, employers should be guided by the requirements of the law. They study different positions:
- according to Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can only be drawn up if certain conditions are met, and if they are ignored, the employee can apply to the labor inspectorate or court to force such an agreement into a standard fixed-term contract;
- Art. 5.27 of the Code of Administrative Offenses includes liability to which employers are brought if they violate the provisions of the labor law;
- Art. 58 of the LC contains information on how long such an agreement can be drawn up;
- Art. 79 TC describes the grounds and rules for termination of the contract.
It is the accounting department of each company, together with the employees of the personnel department, that must ensure that the law is not violated.
What prerequisites are included in the contract?
When drawing up an urgent agreement, it is important to make the necessary and relevant information in this document. There are significant conditions that are necessarily included in the fixed-term employment contract. Article 57 of the Labor Code indicates the need to include in the document information:
- name of the company where the citizen is officially arranged;
- the labor functions that he is vested with, as well as the position he holds;
- the date on which the citizen begins his basic duties;
- remuneration and procedure for transferring funds to an employee;
- compensation and warranties due to the specialist;
- mode of operation;
- nature of work;
- prescribed conditions for compulsory insurance.
Each person planning employment on a temporary basis should carefully study all the conditions of this agreement. Some items must be included in the fixed-term contract. The work book must necessarily include information even on the temporary official work of a citizen. If the employer does not want to enter the necessary information into this document, then this is the basis for contacting the labor inspectorate with a corresponding complaint.
Is a trial period assigned?
When concluding a fixed-term contract, it is allowed to establish a trial period, but it takes into account for what period this agreement is drawn up, as well as what kind of work will be performed by a hired specialist:
- if a contract for the implementation of seasonal work is concluded, then according to Art. 70 TC, a probationary period may be appointed, but its duration may not exceed 2 weeks, and information on such a period must also be entered into the agreement itself;
- during temporary work that does not exceed two months in term, the application of a trial period is not allowed;
- if other actions are required to be carried out, the implementation of which requires more than two months, employers may establish trials within two weeks.
It is not allowed to use a trial period if a pregnant woman or mother of children whose age does not exceed one and a half years gets a job. The same conditions apply to citizens selected as a result of the competition or who are minors.
What information is entered in the work book?
The work book contains information about the employee and all places of official employment. This document contains data on the conclusion and termination of a fixed-term employment contract. All awards and rewards may be indicated.
Entries are made about the work of a citizen, regardless of how long the contract is concluded. The only exception is work for five days.
Is vacation granted to conscripts?
Based on Art. 114 conscript, as well as the main employees of the company, can count on annual paid leave, and at the same time, his place of work is retained. The duration of such a vacation cannot be less than 28 days per year of employment.
If the specialist has worked for less than a year, then leave is calculated based on the actually worked time. The conscript can take advantage of such rest only after he has worked in the company for more than 6 months. Payment depends on the average salary of a specialist at the place of work.
In Art. 128 of the Labor Code, it is indicated that if there are good reasons, the employee can demand a vacation without payment.
Nuances of termination of employment
If the agreement is not terminated at the end of its validity period, then it is automatically extended, and becomes immediately unlimited.
In addition, it can be extended by drawing up a special agreement by the parties.
If it is required to terminate the contract, then three days before the end of its validity, the employer must notify the temporary worker of his decision . Also, the specialist himself can notify the manager of the intention to terminate the agreement.
Thus, a fixed-term employment contract can only be drawn up if there are good reasons and reasons. It contains information about the period during which the work will be performed, and can also be extended if necessary. The employer must be well versed in the law so as not to violate the rights of workers, as they can bring the perpetrator to justice through a court or labor inspection.