Procedure for drawing up a fixed-term employment contract in 2021 - sample document

Features of a fixed-term contract

Art. 58 of the Labor Code of the Russian Federation indicates 2 possible options for the validity of employment contracts:

• for an indefinite period of time;
• within the specified period.

Find out about the rules for hiring under a fixed-term employment contract here.

These contract options are united by the employee’s rights and guarantees that the employer is obliged to provide to him. The employee, in turn, must obey the internal labor regulations and conscientiously perform his functions. A fixed-term contract, just like an open-ended one, can be changed.

The situation of concluding a fixed-term employment contract becomes special for the following reasons:

• Possible grounds for its execution are defined by law and must be given in the text of the agreement (Article 57 of the Labor Code of the Russian Federation).
• The term of the contract cannot exceed 5 years and must be indicated in the text.

Attention! If the duration of the employment contract is more than 5 years, then disputes with the employee may arise in court.

• It is possible to re-qualify an agreement as an open-ended one (Article 58 of the Labor Code of the Russian Federation): if the basis for concluding such an agreement is not indicated in the text or if this basis does not comply with the restrictions established by law;
• the absence of a reference to the validity period in the text or the continuation of work after the expiration of the period established for the contract.

Employment for a specific period, as well as with an open-ended contract, is formalized by order. The contents of the order must correspond to the details of the employment agreement. If there are discrepancies in these documents, priority is given to the text of the agreement.

Read about the specifics of filling out an order when applying for temporary work in the material .

And ConsultantPlus experts spoke in detail about the nuances of leave for conscripts. If you do not have access to this legal system, a full access trial is available for free.

Tenancy agreement: legal concept

An employee employment agreement is a civil contract, which is considered by law as one of the types of agreement between an individual and an employer. Under the terms of such an agreement, the employer hires an employee to temporarily or one-time perform any work, services, or duties.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

A tenancy agreement signed by the parties is only valid if it includes the essential terms of the agreement. It is in many ways similar to a standard employment contract, but has a number of differences from it, namely:

• the object of the contract can only be the final result of the work or the service provided, and not the systematic performance of labor duties;
• the contract is strictly limited by the terms specified in the contract and cannot be extended or renegotiated;
• payment under the contract is a remuneration and not a fixed set salary;
• this type of contract does not provide for the provision of benefits and social guarantees for the employee - payment of sick leave, vacations, etc.;
• The relationship of the parties within the framework of a rental agreement with an individual is regulated by the norms of not only Labor, but also Civil legislation.

Works or services for which it is permissible to conclude a contract for hiring an employee may include:

• one-time or specific work on landscaping;
• carrying out advertising campaigns;
• organization of public events related to the activities of the enterprise (symposiums, festive meetings, trainings for company employees, etc.);
• transportation of enterprise personnel;
• renovation of office and production premises, etc.

There is no unified form of such an agreement. This gives the employer the right to independently develop a form in which an employment contract with an individual will be drawn up; the sample document must contain all the basic sections - installation data and responsibilities of the parties, the subject of the agreement and the procedure for performing work or services, issues of payment, responsibilities of the parties, conditions for termination of the contract.

The contract is signed in two copies, no later than three calendar days from the moment when the person hired to perform the work began the relevant work.

Test in the case of a fixed-term contract

The establishment of a probationary period for a fixed-term contract, as well as for an open-ended one, is not mandatory. But if there is an intention to install it, then it is necessary to remember that:

• it is not installed for a contract period of up to 2 months.
• it cannot be more than 2 weeks for a contract period of 2 to 6 months.

The condition for establishing the test must be fixed in the contract.

For those who cannot be given a probationary period when hiring, see here.

What is the maximum and minimum term?

The period of validity of an employment relationship with a time limit is divided into two main types:

1. when the date of dismissal is indicated as an exact number;
2. when, instead of the date of dismissal, the reason for it is indicated.

The exact number is indicated on the basis of the local document on which the contract is drawn up.

It is coordinated with the staffing table or protocol of the founder and must be certified by order.

The date of dismissal indicated in the documentation must be identical everywhere.

What is the minimum term? It can be set at the discretion of the parties for 1-2 calendar months. As a rule, for short-term or seasonal work.

Sometimes employers hire an employee temporarily for 3 months instead of a probationary period.

The maximum period does not exceed 5 years. The deadline is provided for competitive and elective positions. This form of registration is mainly used for university teachers and managers, as well as deputies at the regional and federal levels.

Termination of a fixed-term contract

If there are no grounds for reclassifying the contract as unlimited-term, then it will expire:

• within the period specified in the text (clause 2 of Article 77 of the Labor Code of the Russian Federation), about which the employee must be notified no less than 3 days in advance (Article 79 of the Labor Code of the Russian Federation), if the contract is not related to the replacement of an absent employee;
• with the occurrence of an event to which the validity period of the contract is tied (Article 79 of the Labor Code of the Russian Federation): the replacement employee goes to work, the end of the season or the assigned work.

Exceptions may be situations related to pregnant women whose contract expires during pregnancy (Article 261 of the Labor Code of the Russian Federation):

• at the request of the employee, the contract can be extended until the end of this condition;
• if pregnancy requires a transfer to another job appropriate to the woman’s condition, and the employer has nothing to offer or the woman does not agree to this job, then the contract is terminated until the end of the pregnancy.

Just like a contract valid without a term, a fixed-term contract can be terminated on other grounds specified in Art. 77 of the Labor Code of the Russian Federation, for example, by agreement of the parties or the initiative of the employee, due to a change in the essential terms of the contract, due to disciplinary action or any external circumstances.

Read about what claims may arise against an employee regarding labor discipline in the following articles:

• “What is considered late under the Labor Code?”;
• “How to properly register absenteeism for an employee under the Labor Code of the Russian Federation?”.

Employment contract with an individual

Organizations and entrepreneurs specializing in the production of goods, provision of services to the population or legal entities, often feel the need to supplement their staff with employees hired to perform a specific type of work, or for the short-term performance of certain duties.

It is important to know: What documents are needed to draw up an employment contract

When hiring such workers, an employment contract must be concluded with them, regulating the relationship between the employer and the employee. As a type of agreement between the parties, the rental agreement has some features.

What are they, and how does an employment contract with an individual differ from a standard employment contract?

Extension of a fixed-term employment contract for a new term

Repeated extension of a fixed-term employment contract for a new term may entail its reclassification into an open-ended employment contract, especially if the same job function is expected to be performed.

However, you need to take into account some features:

• Repeated extension of a fixed-term employment contract for a new term with the director of an LLC does not entail its recognition as an indefinite employment contract. This exception is explained by the fact that, according to Part 1 of Art. 275 of the Labor Code of the Russian Federation, the validity period of an employment contract with a director is determined by the company’s charter or agreement of the parties. The director is elected for the period established by the company's charter (Clause 1, Article 40 of the Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ). In this case, the provisions of Art. 58 of the Labor Code of the Russian Federation regarding the recognition of a fixed-term employment contract as open-ended does not apply to relations with the heads of companies. In this case, the director can be re-elected an unlimited number of times.
• It is allowed to extend a fixed-term employment contract with employees of the scientific and teaching staff who are elected by competition to fill a previously held position. In this case, an additional agreement can be concluded between the employee and the employer to extend the fixed-term employment contract (clause 8 of Article 332 of the Labor Code of the Russian Federation).
• If the term of a fixed-term employment contract expires during a woman’s pregnancy, the employer is obliged to extend it at the written request of the employee (Article 261 of the Labor Code of the Russian Federation). An order to extend a fixed-term employment contract, or rather a sample of it, can be downloaded from the link:

Recommendations from ConsultantPlus experts will help you fire an employee after the expiration of a fixed-term employment contract. Get trial access to the system and go to the Ready-made solution.

When and with whom is it concluded?

Most often, an employment agreement is concluded for an indefinite period. If the working relationship cannot be characterized as “open-ended,” then a fixed-term employment contract is used. At the request of Part 5 of Art. 58 of the Labor Code of the Russian Federation, the text must include a clause indicating that it is concluded for a certain time (urgency) and the reason (for example, for the duration of the duties of an accountant in connection with the main employee being on maternity leave). The document must be signed:

• when performing the duties of an employee who is absent, but whose job is retained;
• when performing temporary (lasting no more than two months) and seasonal work;
• when sent to work outside the state;
• when carrying out work that is not typical for the employer’s daily activities;
• when applying for work in institutions that are organized for a certain period;
• for work related to internship;
• when elected to an elected body;
• when applying for employment under the direction of the employment service to participate in temporary or public works;
• when entering alternative civil service.

With mutual agreement of the parties, a sample form of a fixed-term employment contract with an employee from 2021 is:

• with an employer - a small business entity of up to 35 people;
• with persons who have reached retirement age and according to a medical report, in which the person is shown work of a temporary nature;
• for work in the Far North;
• for urgent work to prevent accidents, disasters or eliminate their consequences;
• when elected to a position through a competition;
• with creative workers;
• with managers, their deputies and chief accountants;
• with employees undergoing full-time training;
• when working part-time.

IMPORTANT!

Be sure to indicate the reasons for concluding a fixed-term agreement! It is possible to sign the document by mutual agreement of the parties.

What documents must the applicant provide?

The list of documents for temporary employment is similar to those provided by permanent employees:

1. Identification document (passport).
2. SNILS.
3. Work record book, with the exception of initial employment.
4. Military ID, for citizens liable for military service.
5. Education documents, if necessary.
6. Other documents if necessary (medical certificate, certificate of no criminal record, driver’s license, etc.).

Probation

The question often arises: is it possible to assign a probationary period during employment under the STD?
This depends on the duration and type of work activity during the person’s employment. Seasonal work activity.

When applying to an enterprise for a season, you can assign a trial period lasting more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

At the same time, when filling out the agreement, the text of the document requires reference to Art. 294 Labor Code of the Russian Federation.

Temporary work.

For temporary work up to 2 months, a probationary period cannot be established (Article 289 of the Labor Code of the Russian Federation).

Other work activities.

When filling out the STD for other jobs for a period of 2 to 6 months, the probationary period cannot be more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

Note. Art. 70 of the Labor Code of the Russian Federation regulates that a probationary period cannot be established:

1. Pregnant workers and employees with children under 1.5 years of age.
2. Persons elected as a result of a competition to fill a position.
3. For minors registered for work.
4. Those who have graduated from a special educational institution and are employed for the first time in their specialty for one year from the date of completion of their studies.
5. Invited to the enterprise by transfer from another company by agreement between the heads of the companies.
6. To other persons, in situations prescribed in the Labor Code of the Russian Federation, in collective agreements and in other legislative norms of the Russian Federation.
7. The probationary period cannot be more than 3 months, and for management personnel, Ch. accountants and other separate categories of persons - up to 6 months, unless otherwise provided by legislative acts of the Russian Federation.

Leave and compensation

An employed subordinate is allocated paid annual leave with the preservation of his position and salary according to general provisions (Article 114 of the Labor Code of the Russian Federation).
The duration of vacation is no less than 28 days per annual working period (Article 115 of the Labor Code of the Russian Federation).

If a temporary employee has not worked for a full year, the duration of the vacation is calculated in proportion to the period worked.

An employee has the right to go on leave for the initial year of employment after 6 months of working at the enterprise (Part 2 of Article 122 of the Labor Code of the Russian Federation). From here, we can conclude that a person hired for temporary work for up to 6 months does not have the right to paid leave. However, upon deduction due to termination of the STD, he has the right to compensation for accrued vacation days for the period of work in accordance with the Labor Code of the Russian Federation.

Payment for vacation days is calculated based on the average salary, calculated in the manner reflected in Art. 139 of the Labor Code of the Russian Federation, as well as the Instructions established by the Government of the Russian Federation in order No. 922 of December 24, 2007.

An employed person may be granted leave for family and other respectful situations at his own expense on the basis of a petition submitted in writing (Part 1 of Article 128 of the Labor Code of the Russian Federation).

Making an entry about employment in the work book

Regardless of the period for which the temporary TD is concluded, the employer must fill out a work book for the employee.

The employer should not be misled by the indication of Article 66 of the Labor Code of the Russian Federation, which states that the employer is obliged to keep a work book for each employee who has worked for him for more than five days. In this case, the five-day period gives time to complete all documents, and does not relieve the obligation to maintain labor records if the contract period is less than five days.

The rules for filling out work books do not distinguish between urgent work assignments, so the work entry is made according to the general rules, that is, without indicating the duration of the work.