Legislative framework
Employment rules, rights and obligations of the parties to an employment contract are regulated by the Labor Code of the Russian Federation.
Temporary workers are those employees who are hired for the period of absence of the main worker or to perform certain work.
The basic rules for hiring and hiring a temporary worker are the same as for main employees. The applicant provides the same package of documents. However, when concluding an employment contract with a temporary employee, there are some peculiarities. Additionally, the Labor Code establishes special benefits and guarantees for them.
Civil servants
In accordance with the law, recruitment can be carried out either in a general manner or on the basis of a competition. As part of the general procedure, employees are accepted into all organizations; upon hiring, an employment contract is concluded with them. On the basis of a competition, only civil servants are hired, who no longer enter into an agreement, but a service contract.
In addition to the general package of documents, a civil servant is required to fill out a questionnaire in accordance with Part 2 of Art. 26 No. 79-FZ, the contents of which are set out in the order of the Government of the Russian Federation dated May 26, 2005 No. 667-r. The form must be filled out by the civil servant personally by hand; it is not permissible to fill out such a form by computer.
Probation
A probationary period (Article 70 of the Labor Code of the Russian Federation) is a period of time established by an employment contract during which the employer evaluates the employee’s business qualities and has the right to dismiss him if the employee does not pass the test. According to Article 70 of the Labor Code of the Russian Federation :
- if the contract is concluded for a period of up to 2 months, a trial period is not established;
- when imprisoned for a period of 2 to 6 months, the probationary period cannot exceed two weeks.
How to write correctly?
When applying for employment under a fixed-term contract, you must indicate in your application the specifics of the work process.
For example, if an employee gets a job during the absence of another employee due to his maternity leave, then the text contains a request to be hired for a specific position during the absence of the main employee.
If a fixed-term relationship is concluded to perform a specific amount of work, then this must also be indicated.
It is important to indicate the following points in the application form:
- position and full name of the person in whose name the text is written - manager or substitute;
- personal full name in the genitive case, the same person must certify the document with his signature;
- title of the paper, if necessary, you can indicate a title that succinctly describes the essence of the request;
- a text in a petition form indicating the position for which the hiring is being carried out, the date of commencement of work under a fixed-term contract, as well as the fact that the employment is temporary;
- the applicant’s signature is personal, affixed by the author of the document;
- date of writing.
After writing, the paper is transferred to the personnel department for subsequent use. The document can be filed for safekeeping or placed in a personal file, which some employers keep for their employees.
Often, the application is marked with consent to employment, that is, each company independently determines the further fate of the application.
The employee works until the term of the employment contract expires - for example, a specific date arrives, work is completed, the season ends, the employee returns from maternity leave.
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Termination of contract
In accordance with Art. 79 Labor Code of the Russian Federation :
- of its termination due to expiration, the employee must be notified in writing no later than 3 calendar days;
- if it is concluded for the performance of certain work, it is subject to termination upon its completion;
- The contract concluded for the period of absence of the main employee is terminated with the return to work of this employee.
If the contract period has expired and both parties do not require its termination, and the employee continues to work, the contract will be considered concluded for an indefinite period.
Required documents for employment
So, the job application has been completed. What else is included in the standard package of documents for employment:
- Passport or other document proving your identity.
- It is obligatory to provide a work record book. The exception is primary employment or part-time employment. In the case of initial employment, the employer usually issues a work book independently.
- Insurance Certificate of State Pension Personal Insurance. If you are applying for a job for the first time, it is advisable to inform the HR department that you do not have this document. The employer will handle the registration of SNILS on his own.
- Document on military registration. Such a document must be provided to the organization by persons subject to conscription into the army or persons liable for military service.
- Diplomas and certificates. Personal education documents will help the employer determine your level of training and select a suitable position.
If you want to apply for a specific position, please provide the employer with documents confirming that you have the appropriate level of qualifications.
In what cases is a temporary employee needed?
Hiring a temporary employee during the absence of the main one may be necessary if:
- on maternity leave;
- on parental leave;
- for the period of sick leave;
- on a long business trip.
At the same time, the main employee retains his place.
Hiring a temporary employee is possible:
- For the purpose of performing seasonal work, when, due to natural and climatic conditions or the characteristics of the enterprise, they are carried out during a certain season.
- With persons sent on a business trip abroad.
- To perform certain work that goes beyond the normal activities of the enterprise or is of a short-term nature. Such as minor repairs, holding an advertising campaign, filing and submitting documents to the archive, etc.
- With citizens who are sent to the organization to perform alternative civilian service.
- With persons referred by the employment service for temporary or public work.
Entry of temporary work in the work book
An entry in the work book about temporary employment is not mandatory and, at the request of the employee, is made in the personnel department of the enterprise where the temporary employee began working. This procedure is carried out within five days from the moment of signing a civil legal or fixed-term cooperation agreement between the employer and the temporary employee.
The rules for filling out an entry for temporary work generally correspond to the rules for filling out work books established by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. But it is necessary to pay attention to some nuances.
In the third column the following is written: “Hired to work in a department for a position (or specialty) temporarily until the absent employee returns from vacation.” The fourth column contains a reference to the order, which is the basis for making the entry. All information is certified by the seal of the enterprise.
Decor
When conducting an interview with an employer or HR employee, the applicant must be informed that he is being hired temporarily.
Registration is carried out in the same manner as for main employees:
- the employee writes an application for employment;
- provides a set of documents necessary for employment;
- an employment contract is concluded with him;
- a hiring order is issued.
Such an employee is subject to all local regulations in force in the organization. He must be familiarized with them under his signature.
During maternity leave
In an application for hiring an employee for the period of maternity leave, you must indicate:
- that the employment is temporary;
- for the period of an employee’s maternity leave or childcare leave;
- Last name, first name, patronymic and position of the replaced employee.
Fixed-term contract
A temporary employment contract is concluded with a temporary employee.
This is an agreement between the parties, concluded for a certain period or to perform certain work. A special feature of such contracts is the provision for its termination after a certain period of time or the occurrence of events specified in it.
A complete list of grounds for concluding a fixed-term employment contract is contained in Art. 59 Labor Code of the Russian Federation.
Order for acceptance during illness or maternity leave
The order is issued on the basis of a concluded employment contract . It is drawn up according to a unified template or on a form developed by the organization.
In addition to general information about the last name, first name, patronymic, position or profession, remuneration must contain information:
- about the start and end date of work;
- instructions “for the period of absence of the main employee”;
- information about the probationary period.
If an employee is registered for the period of maternity leave or illness of the main employee, the start date of work is determined by the day of its actual start. End date – the day the certificate of incapacity for work is closed.
As a general rule, the period of maternity leave is 140 days , and in case of complicated childbirth it is subject to increase.
Therefore, in the order for employment for the period of absence of employees on maternity leave or absent due to illness, it should be stated: “for the duration of the duties of an employee who is on maternity leave / child care until he reaches the age of 1.5 or 3 years / for a period of temporary incapacity for work"
Recruitment
Even if you plan to cooperate with a person for a short time, it needs to be formalized properly .
For this you need:
- concluding an employment contract (Note to the candidate: make sure that the contract that is offered to you is an employment contract and not a civil law one. You can often hear the excuse that an employment contract is concluded only with those who get a permanent job. This not so. Remember that the norms of the labor code do not apply to cooperation sealed by a civil law agreement);
- application from the candidate and its subsequent registration in incoming correspondence;
- order for hiring a temporary worker (a single form or developed by the director himself, taking into account company policy);
- familiarization of the applicant with the rules, conditions and instructions under personal signature;
- entry in the work book.
Grounds for concluding a fixed-term employment contract
The labor legislation of the Russian Federation describes a number of cases a fixed-term employment contract (temporary employment) is acceptable
- employee maternity leave; (hiring during maternity leave of the main employee)
- seasonal work;
- temporary work (up to two months);
- during the illness of the main employee; (during sick leave)
- when sent to work abroad;
- if a person is hired for a specific job with or without clear deadlines;
- internship or vocational training;
- activities of the elected body;
- alternative civil service;
- public Works.
Sometimes such a document can be concluded by agreement of the parties - for example, for work with a small entrepreneur.