An employee whom the manager accepts as a member of the enterprise for a certain period is a temporary worker. An employment contract is always signed with such a subordinate only for a specified period. This document necessarily specifies the period of its validity. Otherwise, the contract is considered to be of unlimited duration, and the temporary worker is considered a permanent employee. The latter, in turn, has the right to receive monthly wages and compensation for the unused rest period upon dismissal.
What you need to know
Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract that is concluded for an indefinite period. However, situations are different. Sometimes the head of an enterprise is forced to look for a replacement for a permanent employee who is on sick leave or on vacation. In this case, the organization often hires a temporary worker who performs the duties of an absent subordinate. After the departure of a permanent employee, a person working under a fixed-term contract is subject to dismissal.
Registration of temporary workers
At a marketing agency, a web analyst fell ill and took sick leave for an indefinite period. The director finds another web analyst and they sign a fixed-term employment contract.
You can also conclude a civil contract with employees. It is suitable when a specific job needs to be done. For example, create a marketing strategy or bake a cake. In our case, it is difficult to calculate the amount of work of a web analyst, and it is still unknown when it will be completed. Therefore, they enter into a fixed-term employment contract.
To register a replacement, the agency director must:
- Consent of the substitute.
- Supplemental Substitution Agreement.
- Order.
All that remains for the web analyst is to provide documents and conclude an agreement.
Note! The fact of temporary work must be recorded in the work book. However, if it does not exceed five days, then this is not necessary.
Important
The head of an organization must always remember that not all citizens can sign a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom the formation of official relations is not prohibited, even for a certain period of time. These include the following:
— people who are sent to work abroad;
- persons entering to carry out labor activities in organizations created only for a certain period;
- citizens hired to perform certain work, the completion date of which is unknown in advance (for example, the construction of a private house);
- people who were sent from the labor exchange to public works;
- persons sent to the civil service.
In addition, in cases established by law, it is possible for an employee to be hired under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides for the following:
— a citizen is hired to replace a temporarily absent employee;
— if you need to perform work, the completion period of which is no more than 2 months;
— implementation of internship;
— for carrying out work that goes beyond the scope of the organization’s activities (for example, reconstruction of a building);
- for the period of seasonal work (performing the duties of a wardrobe attendant).
Nature of Work Temporary What does it mean
— for carrying out work that goes beyond the scope of the organization’s activities (for example, reconstruction of a building);
So, a temporary worker is a person who is hired for a specific position in an enterprise for a period specified in the contract. Therefore, such an employee knows in advance that he will not be able to work permanently in this organization. After all, the date of completion of his official duties is fixed in advance in the employment contract.
Translation (read more...)
Reception
Before hiring a new person for a temporary job, the head of the enterprise must make sure that his actions do not violate labor laws. That's the order. If the latter hires an employee to carry out seasonal work (for example, a gardener for the summer period or a cloakroom attendant at a clinic), then he has every right to sign a fixed-term employment contract with him.
In addition, the hiring of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period of time must provide the employer with all the necessary documents (for example, a diploma, a certificate of no criminal record, etc.).
Differences between temporary and fixed-term contracts
The main difference between a temporary contract and a fixed-term one is the non-permanent nature of the work performed, for the performance of which a specific person is involved, which means that the condition on the time and terms of the employment contract remains fundamental. The specific period for hiring a temporary employee is possible in less than two months; it is negotiated by both parties and documented.
A person hired temporarily must be warned by order that his activities, concluded under a temporary employment contract, are of a non-permanent nature, indicating a specific date for its completion. The document regulating the hiring of such a specialist should indicate the exact factors that serve as the basis for signing a temporary contract.
If the employer tries to conclude a temporary contract for a longer period, or the work performed is of a specialized nature, such actions are considered unlawful; the essence of the temporary employment contract does not allow this. A fixed-term employment contract can be concluded for a period of up to five years; the duration of the minimum period is not regulated. At the end of its term, in the absence of initiative from one of the parties to terminate it, the status of such an agreement changes to unlimited.
After including all the conditions in the text of the document and signing it by two parties (the employer and the specialist hired), the document acquires legal force and becomes binding. Changes to the document (employment contract) are possible only by agreement of the two parties (the employer and the temporary employee) and must be in writing; a sample document is easy to find on the Internet.
Nuances
If the head of an enterprise hires an employee for a period of up to two months, then he needs to know about all the existing features of such work activity. In this case there should be no trial period. After all, the person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is hired to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.
Kinds
The temporary transfer of an employee in case of production necessity is regulated by Article 72.2 of the Labor Code of the Russian Federation.
Based on the provisions of the current labor code, we can roughly distinguish three types of temporary transfers .
First type : to eliminate the consequences of disasters, accidents and other emergencies (fire, flood, explosion and others), if the consequences of such an event threaten the normal living conditions of a population group. Transfer is allowed for a period of up to one month . Please note two features of this translation:
- it is used only in emergency situations , when delay can lead to serious consequences for citizens;
- the law does not require obtaining the employee’s consent to such a transfer due to the above circumstances. Therefore, if a person refuses to perform the work assigned to him, this will be considered absenteeism.
The second type: transfer to other areas in case of downtime or to prevent the destruction of material assets or their damage.
The term “downtime” means a temporary absence of work in an organization for a certain circle of employees due to objective reasons - there are no raw materials, the necessary tools, there are difficulties with the sale of finished products, and so on.
It is always necessary to obtain the employee’s consent for a temporary transfer of this type, however, there are cases when consent is not required:
- if the named events were caused by natural disasters or man-made disasters;
- if the transfer involves work in a higher position or an equivalent position.
Third type: temporary transfer to another position until the main employee leaves or, in other words, temporary performance of other work for the same employer (up to one year) when replacing an absent employee for the period until he begins to perform his duties again (for example, for a while maternity leave). In this case, it is necessary to obtain the consent of the transferred employee.
Completion of work and payment
In practice, the head of a company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this three calendar days before the date of termination of the fixed-term contract.
Therefore, many subordinates often file complaints with the prosecutor’s office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who was temporarily performing the duties entrusted to him.
Therefore, on the last day of the employee’s work, the HR specialist must prepare the appropriate order and all other documents related to the latter’s work. In certain cases, the employee immediately asks to see a certificate of his latest income. This document is required for registration with the employment service.
On the last day of the subordinate’s work, the employer must pay him in full. This means that the latter must transfer wages and additional remuneration for unused vacation by the temporary employee.
Important terms of a temporary contract
- Temporary employees are not subject to a probationary period.
- On holidays and weekends, such employees can be involved in work only with their consent, recorded in writing, and, only within the specified period, payment for such days is made in double the amount, but, as compensation, this person is not given an additional day off.
- The procedure for calculating paid leave for specialists hired temporarily is somewhat different than for permanent employees. At the end of the work period, the specialist receives compensation in the amount of two working days, considered vacation per month, calculated based on the average daily earnings.
- Three days before the settlement, the temporary employee must be warned about this in writing.
- An employee who has entered into this type of contract must notify the employer in advance, in writing, that he wants to terminate the contract early. To do this, you must provide a completed application.
- If a specialist begins to perform work without written documentation, then, if a labor dispute exists, the employer will not be able to prove the temporary nature of the employment contract and the specialist can be registered on a permanent basis.
- The contract concluded with an individual entrepreneur has its own nuances: the employer does not have to indicate in the text of the temporary employment agreement the factors for which the employee is hired for a short period of time.
A sample temporary employment contract can be downloaded here.
An advantage of concluding a temporary employment contract for an employer can be considered a simplified registration procedure. Upon dismissal, it will be necessary to pay compensation only for unused vacation (if the employee worked for exactly a month, then compensation will need to be paid for 2 days).
Translation
When carrying out official activities, it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how does this work out in practice?
The manager may offer the employee a transfer to a temporary position while maintaining his average income or the earnings of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.
Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the duties of the absent employee at the same time. This must be confirmed by an order and an additional agreement.
Recording in labor
So, as was written earlier, a temporary employee is hired only for the period established by the contract. But what will be written in his work book in this case? Everything here is actually quite simple.
First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the latter’s official activities. Then the HR specialist prints the order and makes an entry in the temporary worker’s work book. In this case, you may not immediately indicate the validity period of the employment contract. Because when dismissing a temporary employee, you will need to indicate in the work book the reason for the termination of the official relationship. In this case, the entry should contain the following content: “Dismissed due to the end of the period of validity of the employment contract”, paragraph two of the first part of Article 77 of the Labor Code of the Russian Federation.
Nature of Work Temporary What does it mean
- Obtain the consent of the substitute;
- Sign an additional agreement on temporary replacement;
- Based on these documents, draw up an order.
The work book must reflect the fact of such activity. As usual, upon hiring, an order from the manager is issued, and the employee signs to familiarize himself with it. If the contract becomes permanent, then a transfer to permanent employment is recorded.
Order for temporary replacement (read more...)
By agreement
Here it is necessary to point out once again that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, the boss has the right to offer him temporary employment. By mutual agreement of the parties, a fixed-term contract can be concluded with full-time students and part-time students. Most often, the latter do not object to such a proposal from the head of the enterprise. After all, part-time workers are not the main employees, because they already have their main place of work. Entrepreneurs engaged in small businesses and employing less than thirty-five people can enter into fixed-term employment contracts with employees.
