The labor activity of each citizen begins with the fact that he signs an agreement with the future leader regarding work. In this case, it is necessary to take into account all the nuances regarding the term of his conclusion. Because the execution of an employment contract for a certain period of time is possible only in those cases that are enshrined in the Labor Code of the Russian Federation. All other agreements are concluded for an unspecified period.
Decor
Before a citizen begins to carry out his official activities, it is necessary to sign an employment contract with him, on the basis of which it will be necessary to issue an order on his admission to the organization’s staff. At the same time, the manager should not forget that the deadline can be specified in it only in that situation, if it is not prohibited by law and expressly stated in the Labor Code of the Russian Federation.
The most common employment contract is one in which the period of its validity is not indicated. Basically, it is used by all employers who accept a new employee in the enterprise.
In addition, not all heads of organizations are aware of how long labor contracts can be concluded, and therefore make unlawful mistakes in signing them. After that, they try to defend their innocence in higher instances if the dissatisfied employee whose rights have been violated has applied to the judicial authority to protect his interests.
The term is not defined
In most cases, an employment contract between an employee and a boss is concluded for an indefinite period of time, which is quite reasonable for many professions and positions. Article 58 of the Labor Code of the Russian Federation also points to this feature. In this case, it is necessary to spell out the following conditions in the contract:
- the procedure for the termination of its action;
- term of notice of termination at the request of one of the parties;
- the period of payment upon dismissal;
- time for reporting and transfer of material assets.
All other clauses of the work agreement must comply with the general rules for its conclusion.
Set period agreement
Article 59 of the Labor Code of the Russian Federation describes all cases when it is possible to conclude an agreement between an employee and his boss for a specified period. It is issued in the following cases:
- if this is required by the nature of the work itself, as well as the conditions for its implementation;
- by agreement between the employer and the subordinate.
In addition, in the labor legislation there is a certain list of grounds according to which it is possible to conclude an employment contract with a citizen for a specified period:
- during the absence of the employee (for example, during his illness another citizen may be accepted);
- if performance of official duties is required for two months;
- for seasonal work (reception of outerwear in the wardrobe of a clinic, hospital);
- if necessary, the passage of practice and training in the form of internships;
- for an alternative service.
In practice, this type of agreement is executed with:
- people who are retired;
- part-time workers;
- heads of organizations and their deputies, chief accountants.
Article 58 of the Labor Code of the Russian Federation states that an employment contract concluded without apparent reason for a specified period of time shall be deemed to be signed for an unspecified period of time. Otherwise, it will be a violation of the law.
By agreement
Article 59 of the Labor Code of the Russian Federation directly indicates that, by mutual agreement between the employee and the manager, it is possible to draw up an employment contract for a specified period. In this case, one must take into account the fact that such an agreement is concluded only with certain categories of citizens. These include the following persons:
- coming to work to an individual entrepreneur (staff not more than 20 people);
- creative staff;
- chiefs and their deputies, chief accountants;
- Full-time students;
- those who will take urgent measures to prevent the consequences of various disasters, accidents and other emergencies;
- part-timers;
- elected to the post by competition.
It is also possible to conclude an employment contract for a certain period of time in other cases stipulated by law.
Expired
After the period has elapsed during which the employee performed the duties assigned to him, he is subject to dismissal. In the event that none of the parties to this agreement required the termination of the employment contract, it will be considered executed for an indefinite period.
On the upcoming dismissal, according to Art. 79 of the Labor Code, the employee must be warned three days before the occurrence of this event. Except in cases where a person was acting as a temporarily absent employee.
Probation
Basically, it is established only by those managers who are not particularly confident in the competence of newly hired employees. Similar rules should be fixed by the employer independently in the local acts of the organization. The term of the employment contract is not necessary to indicate here, but in the conditions it should be noted that in case of failure to complete the trial period, the manager has the right to terminate it by notifying the employee three days before the expected date of dismissal.
Nuances
A fixed-term employment contract becomes permanent only if, at the end of his action, the employee continues to perform his duties, and the manager is not against it.
For instance:
The head of the education department hired a school principal. The employment contract indicated the period of its validity - 5 years, but after this time the manager did not offer his subordinate to vacate the place, because he was pleased with the work of the latter. The citizen himself also did not want to leave school and continued to perform official duties. This fact directly indicates that the term of the employment contract is now considered indefinite, and the person is the permanent head of the institution.
Sample
How long can labor contracts be concluded? This question is asked by almost all heads of institutions who hire a new subordinate. However, not everyone knows that his maximum term is five years. In addition, it is necessary to correctly draw up such an agreement on work and to prescribe all conditions in it, and most importantly - this is the period of its validity.
Sample sample:
Employment contract No. ___
00.00.00 of the year the city _____________
LLC ________________, represented by the director ______________, acting on the basis of _____________ hereinafter referred to as the "Manager", and the citizen _____________ hereinafter "Employee", have concluded this agreement as follows:
1. Subject:
The boss takes the subordinate to the post ___________.
Place of performance __________________.
The employee submits in his activity only to the Head.
2. Validity:
The contract is concluded from 00.00. 00 to 00.00.00.year for temporary work on the repair of office premises (base - Art. 59 TC).
Beginning of duties: _________
Ending _________, on the same day, the chief makes the final settlement with the employee and dismisses him.
3. Mode:
The employee is set a five-day working week from 00.00 to 00.00 hours, lunch break from 00.00. for 45 minutes.
Weekends are Saturday and Sunday.
4. Signatures of the parties
Head _________ Citizen ___________
As can be seen from the above example, a prerequisite here is the term of the employment contract for which it is concluded. If it is not indicated, it means that the agreement will be considered executed for an undefined period of time.
Highlights
Before hiring a new employee, each manager needs to remember that he will need to conclude an employment contract. In addition, if the registration of the employee is planned only for a certain period of time, then it is necessary to draw up an agreement in compliance with all the norms of the Labor Code.
In this case, each head of the organization must remember how long labor contracts can be concluded. It is also necessary to indicate it in the drawn up agreement. If the term of the contract is not spelled out, then it is concluded for an indefinite period of time.
Arbitrage practice
The citizen got a job as an engineer in a construction company. The employment contract signed with the head of the organization indicated the term of its validity, which amounted to 6 months. After the expiration of the specified period, the woman was dismissed from work with the payment of all the required cash. Disagreeing with the decision of the boss, she went to court.
When considering the case file, a sufficiently large number of violations by the employer were revealed. Because the application of article 59 of the Labor Code has not been duly confirmed. In addition, the court pointed out that, for no apparent reason, it is unacceptable to formalize official relations with citizens for a specified period of time. Therefore, there must be an employment contract concluded for an indefinite period.
Also, the woman did not fit the categories of those persons with whom it is possible to sign such agreements. She was neither a part-time job nor a pensioner, in addition, she was not elected to the post by competition. In accordance with this, the head very grossly violated Art. 58 shopping mall.
The citizen was reinstated at work with payment of the forced pass time.
Based on this example, we can conclude that the dismissed employees still turn to justice for help when their rights are violated by the organization’s management. Because the groundless execution of a fixed-term employment contract is prohibited by law. This fact is indicated by Art. 58 shopping mall.
In addition, not all managers are aware of how long labor contracts can be concluded - it can be no more than five years. Therefore, they make certain mistakes in the terms of the agreement. Also, the nature of the work performed by the employee is important here, excluding its permanence (for example, cleaning the territory of the enterprise after the repair).