There are often situations when, looking for a specific vacancy, you find the required, but with a reservation. The future employer warns in advance that he is ready to conclude with the applicant only the so-called fixed-term employment contract (for a period not exceeding a certain one). What it is? What should a candidate expect for a vacancy? And why beware? In this article we will try to consider the features inherent in this type of employment.
First about the concept
What kind of contract is it called fixed-term labor? Indication of "urgency" does not mean a quick decision to conclude a contract. This term refers to the duration of the period for which it is planned to maintain labor relations. If the contract is "urgent", it should be understood that at this point in time, the company needs an employee to carry out specific work. At the same time, automatic termination of cooperation at the end of the fixed-term employment contract is assumed.
For what reasons can it be concluded? They can be different and most often relate to a situation where a perpetual contract is impossible to conclude by definition. Most often this is due to the departure of a permanent employee on maternity leave with the preservation of the workplace. Another option is seasonal work. Many employers require harvesters, staff to service the ski slopes or seasonal recreation centers, drivers on summer routes. It is economically disadvantageous for the company to maintain full staff throughout the year due to weather conditions.
And also?
The next situation is that work is not permanent as such, and a fixed-term employment contract is concluded for a period not exceeding 2 months. An example is the planned promotion, which will require promoters. Such events can be held periodically, and each time the staff is selected again. There are even one-time jobs - for example, developing a logo for a newly created enterprise, creating a web page, legal services in a specific situation.
The term for termination of a fixed-term employment contract is fixed for citizens undergoing alternative service, as well as for those who are sent to forced community service or are among trainees or trainees. For a pre-agreed period, elected candidates or hired abroad are arranged.
Sometimes there are situations when it is possible to conclude a fixed-term contract, but certain practical considerations make it more profitable to pre-define the term of a fixed-term contract. An important condition is the consent of both parties to such a contract. An example of such a “free will” restriction is the occupation of positions by managers, their deputies and chief accountants of an enterprise. An urgent labor contract is concluded with them for a period limited in advance to insure owners of the risks of inefficient management. And who else decided to hire temporarily?
Term of a fixed-term employment contract for other categories
Similarly, it is convenient to conclude a similar agreement with part-time workers and students, pupils, emergency responders employed by persons of retirement age. And also if the candidate is one of the disabled and for health reasons cannot afford permanent employment.
Almost always, workers of small private enterprises (staffing up to 35 people), employees on sea and river vessels, and those who move to the Far North for employment are accepted for a specific term of a fixed-term employment contract.
Another category of working “conscripts” is workers in creative professions. These are employees of theaters, cinema, editorial offices, circuses. The government of the Russian Federation in a special list approved a list of such posts and professions. All possible cases of such employment are regulated by the 58th and 59th articles of the Labor Code of the Russian Federation.
The nuances of concluding a contract
What is the difference between this agreement and the usual? The main difference is that at the end of the period of his action, the employee is fired. In the case of a permanent agreement, such a previously known and documented date of dismissal is not set. If during the conclusion of a fixed-term contract the period of employment is not specifically stipulated, then the employee may be considered arranged "in a permanent mode." In this case, no one has the right to fire him at any particular time.
Are there differences in the rights and basic guarantees of these workers? No, this is not permitted by law. Temporary employees are also entitled to vacation, the normal length of the working day, the same principles of remuneration. They, as well as regular employees, are supposed to provide special clothing along with personal protective equipment. They are also related to all local acts of enterprises, together with clauses of the provisions on labor protection.
Talk about the duration
How long can a fixed-term employment contract be established? Does it have upper and lower limits? The maximum term of a fixed-term employment contract is five years. It is not permitted by law to conclude it for a longer period.
Its minimum duration is not stipulated by normative acts. The duration of the fixed-term employment contract in different cases is determined according to the specifics of the work and is fixed in the application for employment. There are certain wordings of orders for taking to work in return for the employee who went on maternity leave. As a rule, such an order contains the phrase "for a vacation such and such ..."
If we are talking about seasonal workers, you must indicate that they are accepted only for the season - until the signing of the act of acceptance of the work performed. Other wordings may sound like “accept temporarily for the purpose of cleaning the territory”, “accept for the reconstruction of the building”, etc. In these cases, the order to terminate the event is the basis for terminating the contract.
If you hire an employee to work outside the Russian Federation, his contract is limited to a three-year period. Trainees and trainees are hired for a fixed period of time established in normative documents on internships. For example, an assistant arbitration manager has been practicing for six months to a year, and a lawyer for one to two years. If a candidate is accepted for the purpose of ensuring the work of an elected authority, public association or political party, the term may be related to the duration of the authority of the said authority.
Other options for the duration of the fixed-term employment contract
If a citizen is sent to work from an employment center in order to participate in public works, a direction is attached to the contract, where the interval or event is indicated, after which employment ceases. The duration of the work of conscripts serving alternative civilian services is regulated by the military commissariat.
If the employee is hired by mutual agreement, the date of dismissal is determined by agreement of the parties within a five-year period.
An important point: the legislation strictly prohibits a situation where permanent work is veiled under temporary in the interests of the employer. Most often, in this way he tries to evade the observance of the rights and social guarantees of employees. If the position is planned for reduction or the employee who has reached retirement age continues to work, as well as if the disabled person is waiting for re-examination and in some other situations, in case of disagreement, the employment relationship will be recognized by the court as established for an indefinite period.
Talk about the trial period
There is a list of persons for whom the legislation does not provide for the installation of a trial period. A list of them can be found in the 70th article of the Labor Code. It speaks of workers who have concluded an agreement for a time period of up to 2 months, employed according to the results of the competition, occupying one of the elected posts, conscripts serving alternative service, pregnant employees and mothers of children up to one and a half years old.
This also includes graduates at their first employment during the year after graduation at state educational institutions and students whose apprenticeship took place at the same enterprise. The probationary period also applies to minors and persons accepted by transfer. All other categories may be hired on probation.
The maximum probationary period for a fixed-term employment contract cannot last the entire agreed period. They usually calculate it this way: for a period of employment from 2 to 6 months, they are taken equal to two weeks, for managers, their deputies and chief accountants - six months, for government employees - from a month to six months or a year. In all other cases, the probationary period is taken to be three months.
Features of the registration of the work book
An entry in it under such an agreement is made in the usual manner without reference to the proposed date of dismissal. An indication of this is contained in the letter of Rostrud, issued in 2010 (No. 937-6-1). In case of violation of this rule, the employer is subject to administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.
When the moment of dismissal comes, it is made out by an entry containing the wording “after the expiration of the term of the fixed-term employment contract”. Also, a reference to paragraph 2 of the first part of Article 77 of the Labor Code of the Russian Federation is required.
The remuneration of all workers, both temporary and permanent, comes from one fund. Accordingly, all mandatory payments to each of the social insurance funds by the employer are paid equally to all employees. The same rules exist for calculating their insurance period.
Holidays and Compensation
As for the procedure for granting annual leave, in this case it is no different from the usual one, as is the calculation of compensation for days of unused vacation. At the same time, one should not forget about the current situation, according to which in case of employment less than 15 days, this time is not included in the calculation of vacation days.
Similarly, in the usual manner, leave is granted to workers in connection with pregnancy and childbirth. Such an employee is dismissed on the last day of the granted maternity leave. If we are talking about parental leave up to one and a half years, then its duration is limited by the duration of the concluded contract.
"Pros and cons"
What are the main advantages and disadvantages of such an agreement for an employee? Not everyone will like temporary work . They resort to a similar option, as a rule, in the absence of the possibility of permanent employment. However, often people are guided by considerations related to the size of their future salaries or the acquisition of good professional experience. Sometimes circumstances change along the way, and in case of successful work, an employee can be invited to another position in the same structure. Most often, temporary work is required among students, housewives or pensioners.
The most favorable conclusion may be for an employer who wants to reduce costs and for this purpose attracts specialists for a strictly specified term of a fixed-term employment contract. At the same time, the personnel service is required to be attentive to the matter and knowledge of all the legal subtleties, since if the employer misses the date of dismissal, the employee has the right to remain on the staff on an ongoing basis.
What then?
What does the situation look like after the end date for which the contract is concluded? As a rule, upon the expiration of the term, the employee is dismissed with the issuance of the final payment and the return of the work book with the corresponding entry. The extension of the term of the fixed-term employment contract is carried out in case of pregnancy of the employee or her care of the child up to one and a half years.
The employer has the right to reduce the employee before the termination of the termination of the fixed-term employment contract. A possible development of events after the date of dismissal is a transfer to a permanent position. Also, the dismissal can be premature on the initiative of either party, or you can extend the term of the fixed-term employment contract.
In the event of repeated renegotiations, the employee has the right to complain about a violation of the law and apply for reinstatement. What tactics to adhere to - everyone chooses for himself, focusing on personal priorities. In any case, it is important to remember the "rules of the game" and use all the provisions of the law for your own protection.