What does a sample order for employment under a fixed-term employment contract look like? How to hire an employee based on an application?

An example of filling out an order for employment under a fixed-term employment contract

The employer has the right to hire an employee for any necessary period of time.
If a person is needed to perform work for a certain period, then a fixed-term employment contract is concluded, on the basis of which, in turn, a hiring order is drawn up, a sample of which can be downloaded below.

An order for admission under a fixed-term contract to perform work, during maternity leave, during the season can be found at the bottom of the article for free in word .

Grounds for registration by agreement of the parties

1. Employment of a pensioner.
2. An employee can only work temporarily due to health problems.
3. The employer is engaged in a small business and his staff is small: up to 35 (in some cases up to 20) people.
4. The employing company is located in the Far North.
5. The employee received the position through a competition.
6. Elimination of consequences of accidents.
7. The worker's profession is creative. For example, an actor while filming a movie.
8. Concluding a contract with a manager, deputy, chief accountant (you can learn more about the conditions and procedure for concluding a fixed-term employment contract, as well as see a sample document here).
9. Employment of a full-time student.
10. Part-time employment.
11. Other cases.

In what cases is a fixed-term employment contract concluded?

If the employer does not have the opportunity to employ an employee on a permanent basis, since the main employee is absent for a good reason, he has the right to draw up an employment contract with a limited period of validity.
Actually, because of this, such a contract is defined in the law as urgent. Here, the following reasons for its conclusion may arise related to the temporary cessation of work by the main employee:

1. prolonged absence during pregnancy and childbirth and further care of the baby up to one and a half or three years;
2. business trips, internships or other similar types of work and advanced training;
3. a disease that requires long-term recovery and sick leave.

In other cases, the employer, in order to save its own budget, sets limited periods within which it hires temporary specialists or seasonal workers. The range of such opportunities for employers is quite wide.

It is given in the list of articles 58, 59 of the Labor Code of the Russian Federation. It includes categories of workers who perform their functional duties in a narrow context. Upon completion of the established work, the need for the services of workers disappears, and the contract becomes invalid.

This type of activity is negotiated in advance, preventing disputes from arising after the period of activity of the employed person.

To hire temporary workers and specialists, it is necessary to create an appropriate staffing table or issue a separate order.

Such labor relations are permitted for the following categories:

• seasonal workers;
• accountants for the period of the report or audit;
• actors during filming;
• animators for the New Year holidays;
• drivers on additional routes in the summer;
• employees during the summer - beach or winter - ski season;
• promoters for temporary promotions;
• other temporary or seasonal vacancies.

The type of application of these labor relations is based on the profitability of using labor or on legislative provisions adopted in favor of certain categories of specialists and civil servants.

Fixed-term employment contract.

When is it mandatory?

Grounds for mandatory execution of a fixed-term contract:

• Employment for a period of less than 2 months. (For example, an animator for the New Year holidays.)
• The employee is sent abroad.
• Seasonal nature of the activity. For example, landscaping the area.
• Fulfilling the duties of an absent employee (due to child care, illness, etc.).
• An organization is created for a specific purpose for a specific period.
• An employee's job responsibilities differ from the activities that the company usually engages in.
• The work involves increasing production volume for up to one year.
• The employee is undergoing civil service.
• Completion of work cannot be determined by a specific date.
• The employee is undergoing an internship. An example would be student practice.
• The position is elective. Accordingly, the period for which she is engaged is limited.
• The citizen came from the employment center. This includes performing temporary or public works.

Below is an informative video on the topic “When can you enter into a fixed-term employment contract”:

The procedure for hiring under such an agreement

Some positions involve a competitive or elected position, which is the main condition of employment. The rest are accepted at the discretion of the employer, including when analyzing their competencies on the basis of a probationary period.

To hire such employees, it is necessary to formalize the reason for concluding a fixed-term contract, from which it becomes clear that it is impossible to conclude a permanent employment relationship.

Among them:

1. official long-term absence of the main employee;
2. staffing schedule;
3. special order from the manager.

These include:

• pensioners;
• disabled people with limited ability to work;
• mothers of many children and mothers of disabled children;
• full-time students, etc.

These citizens are employed temporarily, since life circumstances do not allow them to create prospects for the distant future.

Registration of consent

To ensure that the employer does not have any relevant problems, you must agree to this employment regime. Mostly, applicants themselves make a request to be accepted into a position for a limited period.

Then the consent will be the manager’s visa in the application submitted by the applicant expressing a written request for employment for a period of 1 year (other period). That is, consent is expressed by the manager in response to the applicant’s request.

The order of acceptance to work

This should indicate:

1. the reason for the fixed-term contract;
2. established deadlines for hiring and dismissal.

If the exact terms are unknown, the reasons influencing the termination of the labor relations of the parties are indicated.

The wording of the order may be as follows: “Accept P.T. Petrushkina as a storekeeper during maternity leave.” in this case, upon leaving maternity leave by Petrushkina P.T., the contract with her deputy will lose legal force and the temporary employee will be dismissed.

Application details

If an application is submitted for a replacement vacancy, it is indicated in whose place the applicant is applying for the position.
In other cases, he is guided by his own preference to work temporarily or on a staffing basis. The exact dates of employment and dismissal are indicated here. For example: “I ask you to accept the post of additional education teacher from September 1 to May 27, 2021.”

Sample application for employment under a fixed-term employment contract:

What documents are attached to conclude a contract?

The package of documentation submitted by an applicant for a temporary position must necessarily contain a civil passport and work book. If the temporary worker is a part-time worker, then at the employer’s discretion, a certificate from the place of primary employment is presented.

If necessary, submit:

• diploma (other confirmation of qualifications);
• certificates of advanced training;
• medical book;
• certificate of no criminal record (when working with children);

• 
  list of scientific publications (for scientific and pedagogical workers);

• marriage certificate (if the name on the diploma does not match the passport).

The listed and other documents are presented in the form of copies and originals. Also, persons applying for temporary work on their own initiative attach the necessary from the following:

1. birth certificates of children (for large families);
2. pension certificate;
3. certificate of disability;
4. health certificate, etc.

Conclusion of a fixed-term employment contract. Sample document

This document is drawn up according to the same template as the indefinite - permanent document.

The main distinguishing features are:

• that the person has been hired for the period of replacement of the main employee or for seasonal (temporary) work, in the employment regulations.
• In the provision on the nature of the work, it is also advisable to additionally indicate that the nature of the work is seasonal (temporary).

• 
  The date of hiring and the date of dismissal, or the return to work of a permanent employee, must be indicated as the reason for termination of the contract.

The remaining points and provisions are the same as in the permanent agreement by agreement of the parties.

At the end, the details of the parties and signatures with a transcript of the surname of the applicant and the person authorized to register must be included.

Magazine "PARTNER"

“Partner” No. 6 (105) 2006

Dipl. lawyer M. Schlossberg, lawyer N. Novobratsky Law Firm Jordan Fuhr Meyer (Bochum)

In times of increased unemployment, concluding an employment contract with a limited duration (befristeter Arbeitsvertrag) is still better than remaining unemployed. To avoid problems when concluding or executing such contracts, we recommend that both employers and employees read this article. A limited employment contract is when the duration of employment is limited to a calendar date or is related to the performance of specific work. I recently got a job in a store. The boss explained to me that my employment contract would be concluded only for a certain period. I’ve been going to work for two weeks now, but I still haven’t received any documents. Is it necessary to have a written employment contract or can I just continue to work? Emma O. (Ratingen) It is necessary to draw a clear line between the employment contract itself and the verbally agreed limited period. To conclude an employment contract, an oral agreement is sufficient. However, in order to have evidence, it is recommended to conclude it in writing. However, the chosen form is not a mandatory prerequisite for the entry into force of the agreement. With time restrictions the situation is different. In accordance with §14 para. 4 of the Emergency Work Act (Teilzeitbefristungsgesetz), this point must be regulated in writing. The electronic form of the agreement also meets this requirement. The written agreement on the temporary limitation of the employment contract must mention that the employment contract is limited. It must also state the reason for this limitation (a certain time period, the achievement of a specific goal or a condition for termination of the employment contract). If the restriction was not recorded in writing, then only the restriction itself is invalid, and not the entire employment contract. As a result, under certain conditions, an employment contract is considered to be concluded for an indefinite period (§16 (Teilzeitbefristungsgesetz). The presence of certain conditions in your particular case should be checked in a personal conversation with a lawyer. Limitation of an employment contract is not always permissible. The legality of the restriction depends on special prerequisites. One of these may be material reasons (§14 paragraph 1 Teilzeitbefristungsgesetz). I found a very good job and have already signed an employment contract, which, however, is limited in time. The employer stated that he does not know whether he will need my services in the future. Tell me, is this correct? Mark K. (Essen) In principle, when limiting an employment contract, a material reason must be indicated that justifies this clause. In particular, such a reason may be a temporary need for a given employee in production, the conclusion of the contract immediately after training in a profession at a given company or upon graduation from a university; or, if an employee is hired as a temporary replacement for another, acceptance for a probationary period, etc. Uncertainty about the assessment of future labor needs does not justify restricting the employment contract. (Decision of the Federal Labor Court (BArbG) dated 22.03.2000 - case number: 7 AZR 758/98), since such uncertainty about the future development of the company is characteristic of any business activity, and the resulting confidence in the need for labor or the absence of one cannot be the employee’s problem. Thus, the restriction of the employment contract you mentioned is invalid. Exception from §14 para. 1 Teilzeitbefristungsgesetz, according to which it is permissible to limit an employment contract for a period of up to two years without any material reason, is also not applicable in the above case. It is provided by law for “freshly created” companies. In the first four years of their activity, entrepreneurs have the right to enter into time-limited employment contracts for a period of up to four years without compelling reasons. However, the legislation does not ignore older people looking for work. The above limitation of an employment contract to two years does not apply to employees over 52 years of age. Before reaching retirement age, any employment contracts concluded with them may be limited in time. Employers use this opportunity relatively rarely, since it is not yet entirely clear how compatible it is with pan-European legal norms. I signed an employment contract for a period of two years six months ago. I recently found out that I am two months pregnant. I heard that in Germany pregnant women have special rights when maintaining a job. Does this rule apply to employment contracts with a limited duration? Anna B. (Cologne) In principle, you are right that German labor law pays special attention to the protection of pregnant women. However, in the event of pregnancy or maternity leave, the limited employment contract is not extended. The latter expires in accordance with the accepted agreement. In such a situation, it is impossible to invoke protection from dismissal, since dismissal, as such, does not occur. The employment contract simply ends at a certain point. The employer is also not obliged to provide you with a job again after childbirth or maternity leave. On the other hand, the employer does not have the right to prematurely terminate a limited employment contract with a pregnant woman and must provide her with a workplace until the end of the contract. As mentioned above, there is no need for dismissal as such to terminate a limited employment contract. Labor activity is terminated upon expiration of the established period, achievement of a given goal, or the occurrence of circumstances that are a condition for termination of the contract. Despite this, if the employee behaves incorrectly, he may be dismissed early. I worked under a fixed-term employment contract that expired three months ago. My employer knows that I still come to work regularly. He also pays me my contractual salary. But I don't know if this is legal or if the situation could become dangerous. Please tell me what to do. Alexander V. (Wuppertal) If after a set time has elapsed or a goal has been achieved, etc. the employment contract continues with the tacit consent of the employer, then such a contract is considered extended for an indefinite period. To prevent this, the employer must immediately declare its objection and inform the employee, for example, about the achievement of the goal (§15 paragraph 5 of the Fixed-Time Work Act (Teilzeitbefristungsgesetz). In your case, the employer did not object to the continuation of the employment contract in time and thereby tacitly made it clear that he intends to keep your job for you. Thus, you have entered into an open-ended employment contract. If the company where you work is covered by a tariff agreement, then the nuances that arise in this case should be considered in a separate conversation with a lawyer. We would like to contact those whose limited employment contract is about to expire. Three months before you stop working, you must register with the labor exchange (Arbeitsagentur) as a job seeker. If your contract is related to the achievement of a specific purpose, you must register as soon as you become aware of imminent termination of the contract.It should be noted that the employer is obliged to draw the employee’s attention to the need to register with the labor exchange at the end of the employment contract. If he does not do this, then if corresponding problems arise, he will have to compensate the employee for the damage caused, since late registration at the labor exchange leads to a reduction in the amount of unemployment benefits.

| No. 6 (105) 2006 | Read: 1502

| Posted by Jordan & Partner |

Guarantees when drawing up a contract

According to the law, temporary employees have the same rights and guarantees as permanent employees working in the same enterprise. The exception is the probationary period, when the employee has the right only to pay for sick leave, within the number of days remaining before the end of the probationary period.

However, in a critical situation, full follow-up treatment is allowed, with payment for sick days. Other benefits may also be provided at the employer's discretion. For example, the use of company transport, incentive payments, etc.

If the period of employment exceeds two months, then compensation for vacation days is required for each month of work, at the rate of 2 days for each month. At the employee's discretion, he may receive:

1. commensurate paid leave;
2. compensation for non-vacation days.

Deductions from the earned funds must be made to the pension fund and the tax office.
If an employee receives a property return for the purchase of real estate, he has the right to apply for a deduction at his place of work.

A manager or individual entrepreneur can dismiss such an employee only in compliance with the law.

Fixed-term employment contract: employment order, sample

Employers can hire employees for any period of time; legislation supports this possibility and describes individual rights for temporary and permanent workers. When a short-term employment contract is needed to perform specific amounts of work or for a certain period, it is easier to draw up an order for employment under a fixed-term employment contract, a sample of which will be given to the applicant.

A fixed-term employment contract has several nuances and its own hiring procedure that should be studied before agreeing to the offer.

Deadlines

Sometimes employers resort to cunning and draw up temporary contracts so as not to provide the rights and guarantees due to employees in permanent employment. However, this is strictly prohibited by law. Therefore, if such an agreement is concluded without sufficient grounds, it may be recognized by the court as indefinite or concluded for an indefinite period (work on a permanent basis).

The deadlines for concluding a labor contract are stipulated in Article 58 of the Labor Code. So, based on the document, such an agreement is concluded when the upcoming work does not imply an employment relationship for an indefinite period or on an ongoing basis. Such cases are described in the first part of Article 59 of the Labor Code, as already mentioned above. If a document called a “fixed-term employment contract” does not indicate its expiration date, it is automatically considered to be concluded for an indefinite period.

If neither the employer nor the employee announced the end of cooperation upon reaching the end date specified in the document, then such a contract also automatically becomes open-ended or concluded for an indefinite period.

Procedure for hiring under a fixed-term contract

Before applying for a job under a fixed-term employment contract, a sample of which is provided to the employee, it is necessary to draw up an agreement that specifies the two main reasons and conditions that identify it as a fixed-term one. First of all, a period or amount of work must be agreed upon, upon completion of which the business relationship will end.

Then it is necessary to indicate the grounds on which this applicant is hired, and the conditions under which he will be early removed from his position. The latter is negotiated individually with the employee and can be supplemented at his request.

This will allow, in the event of changes in the scope of work not specified in the contract, to receive compensation and leave the project so that you cannot be used as a temporary slave, using loopholes described in the fine print. It is also worth remembering that Article 57 of the Labor Code of the Russian Federation stipulates that such contracts are valid for no more than 5 years.

Even if you do not have time to complete all the assigned tasks, exceeding this limit makes hiring under a fixed-term employment contract impossible from a legal point of view, and you can legally terminate such a relationship with payment of the funds promised for the work.

But here there is a small nuance, because a fixed-term employment contract by agreement of the parties, a sample of which is provided to both, must be terminated, but you can conclude an identical contract with the same conditions for the same period, if necessary. Also, a sample order for acceptance under a fixed-term employment contract can be used as a basis for extending business relationships, without concluding new contracts, if the total period does not exceed the same 5 years.

So, you can work for a company for a couple of months on a probationary period, and then you will be offered to continue cooperation for a year or two. As a result, such relationships can become permanent; in this case, a fixed-term contract becomes a contract on a permanent basis, but this is only possible with the consent of both parties.

Therefore, fixed-term employment contracts are used by some employers for trial periods and if they are eyeing a specific person, but are not ready to provide him with full-fledged social benefits. package at the moment.

Answers to frequently asked questions

Question No. 1: What are the requirements for drawing up the contents and the order itself when applying for employment under a fixed-term contract?

This legal act relates to the orders of the employer regarding personnel. Currently, when preparing organizational and administrative documentation, the standards of GOST R 6.30-2003 are recommended for use.

The key requirements for drawing up an employer's order during employment (for formats T-1, T-2 and independently developed form) under a fixed-term contract are as follows:

1. The text is compiled arbitrarily, but in the first person. number (of the head of the organization) and on the basis of the conditions specified in the fixed-term contract.
2. If the standard format is not used (T-1 or T-2), then the free form of the order usually consists of 2 parts: stating and administrative, which are separated from each other by the word “I order.” The employer's decisions are documented in a bulleted list.
3. It is allowed to: print the order on a computer, write it by hand, using a regular sheet of paper or the organization’s letterhead.
4. The finished order must be endorsed by the head of the organization (or his authorized representative), the person who is employed, and other employees responsible for execution.
5. The order is stamped only when required by local regulations of the organization.

Rate the quality of the article. Your opinion is important to us:

Reception order

If an application for admission under a fixed-term employment contract, a sample of which you should be given, is accepted, then the employer must issue a corresponding order, from the moment of its publication the countdown of the contract period begins. Such a document is drawn up according to form No. T-1, approved by resolutions of the State Statistics Committee of the Russian Federation.

Sample order for employment under a fixed-term employment contract to perform work :

During maternity leave :

For the season :

When registering, it is imperative to fill out the column in the upper right corner, where after “By” there should be the term of your conditional “dismissal”. It can also be supplemented by certain circumstances in which the relationship is terminated early, but they are negotiated with both parties and cannot be added without the knowledge of the applicant or employer.

The column “Conditions of admission” is filled in with the appropriate data, which indicates the responsibilities of the applicant and the amount of work that he needs to perform in specified periods of time or in general, if he is taking part in a large project. In addition, the order must contain the following information:

1. The official name of the company, indicated in the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs.
2. Details of the employee and employer, which will be used to transfer wages.
3. The position and qualifications of the person hired.
4. If the company has branches or structural divisions where the new employee is sent, this must also be indicated.
5. Salary and payment period. If the contract is concluded for a short period, for example, a month, you can indicate the total amount for the project and payment upon completion.
6. If a fixed-term contract is concluded for a period of six months or more, then there may also be a probationary period, failure to satisfy which is automatically considered a condition for early termination of relations with the employee and may not be specified separately in the document.
7. Signatures of both parties.

But before you are hired under a fixed-term employment contract, you must submit a properly completed application addressed to the head of the company. Even if the job was initially offered to you by the company, this document is a necessary formality.

Probation period for STD

For employees who were hired under a fixed-term agreement, the Labor Code of the Russian Federation provides for individual probationary periods, which can be found in more detail in the table.

However, it is worth remembering that not every category of persons who entered work under the STD can have a probationary period.

It is unacceptable to submit for a probationary period:

• women bearing a child;
• women with children under 18 months of age;
• persons invited to a position from another company;
• persons under 18 years of age;
• employees who received an education at a university and enter work in the acquired specialization within 12 months after completion of training.

Application rules

If, in order to draw up an order for a fixed-term employment contract, a sample of it must be drawn up according to specific rules, then the application is drawn up without certain requirements, without taking into account the main points of drawing up such documentation.

So, the employee must indicate the name of the director to whom this application is being submitted, but this can be done either manually by writing it on an A4 sheet or by filing everything in word. There are no specific requirements in this regard unless they are set by the employer himself, who will be more comfortable handing over the printed paper to the HR department without having to parse your calligraphy.

Among other things, a fixed-term employment contract, an order for employment, a sample of which is described above, is issued on the basis of an application, which also indicates:

1. Last name and first name of the applicant.
2. Last name and first name of the director to whom this document is written.
3. Desired position in the named organization.
4. Details of the employee to whom the salary will be sent.
5. Reasons and estimated date for hiring a new employee.

Before submitting an application, in order to draw up a fixed-term employment contract by agreement of the parties, you will need to collect several documents that must be attached to it.

Documents required for employment under a fixed-term contract

Here it is worth considering that different organizations and professions may change the list of documents required for the device. But often you will have enough:

1. Passports or copies thereof.
2. Documents on secondary, special or higher education, depending on the desired position.
3. Work book. But if it was lost or this is the applicant’s first job, then the employer is obliged to draw up this document without the participation of the applicant.
4. Specific certificates, for example, for the position of cook and catering employee, must include confirmation of vaccinations and a whole list of auxiliary medical examinations.
5. Military ID or a conclusion on military registration, if the employee is liable for military service.
6. A statement of no criminal record is also provided only at the request of the employer.

Only after submitting all this documentation can you proceed directly to concluding an employment contract, which is an intermediate link between the application and the order of appointment. Here an interview takes place with the director of the company or an employee of the human resources department, where it is necessary to discuss basic issues regarding the workplace and the working conditions provided. It is at this moment that the employee is required to be notified of the nuances of early termination of the employment relationship, which will be specified in his contract.

How is it

An agreement is concluded subject to the mandatory presence of both parties and, if possible, their lawyers, but there is no direct need for this. But it often turns out that you are provided with a company lawyer or HR officer, who supervises the review and subsequent signing of the papers. He is obliged to answer all your questions and explain or resolve controversial issues. In case any misunderstandings arise in the future, you can record your conversation with a company representative on a voice recorder, but only if you warn him of your intentions.

For example, the number of working hours with a minimum wage for production. Or another favorite point when concluding a contract in large ones.

In the same way, you can demand that some items be removed or added. Here it is important to reach a consensus and obtain at least some guarantees under the contract.

Guarantees under the contract

Guarantees are what both parties to a contract most often fight for, if the applicant is a specialist and knows his worth. After all, both the employer and the employee want to get the most comfortable conditions for retreat in the event that something goes wrong. It all depends solely on how much a particular company needs you. After all, someone will be ready to give up even compensation if the project is closed, and some companies, on the contrary, will make such strict conditions that for delaying any work by one day, various fines will be imposed on you.

Again, it all depends on how much you need a particular job, how much the employer needs you, and how you evaluate yourself. Often, a conversation about contractual guarantees occurs at a time when all the main nuances have already been discussed and the final stage of the interview is approaching, before issuing an order. But you shouldn’t relax here, and if possible, try to get the most comfortable guarantees in the event of termination of the contract.

Description of a typical example contract

Standard STD templates have been developed for various cases. In general, the so-called “header” contains the full name of the organization, “hereinafter referred to as the “employer””, and all the employee’s data.

The section “subject of the agreement” states what the employer and employee actually agreed on: working conditions, place of work, timely payment of wages, mandatory social insurance, the employee’s obligation not to disclose official or commercial secrets and other important conditions.

The following is a section that details the period for which the contract was concluded and the duration of the probationary period (if provided). The “conditions of remuneration” indicate the size of the salary, the conditions for providing incentive payments or depreciation, the frequency of payments, payment for overtime hours or work on weekends and holidays, downtime for reasons beyond or beyond the employee’s control.

The contract separately stipulates the work and rest schedule - the start and end time of work, breaks, the opportunity to take regular vacation and vacation at your own expense.

The largest and most detailed sections in the contract are about the rights and responsibilities of the employee and the rights and responsibilities of the employer. Before signing the document, the employee should study these sections especially carefully.

Sections that stipulate social insurance, guarantees and compensation, the liability of the parties, for example, in the event of damage by an employer or employee and the procedure for compensation for damage caused, the procedure for terminating an employment contract and the details of the parties are no less important components of the document.

How to issue an order for employment

Step 1. Fill out the header

We enter the name of the organization and the eight-digit OKPO code. Please note that we are considering a job order (example) for a fictitious organization, so when filling out your primary documents you will have to enter your own codes.

Step 2. Enter the employee’s personal data

Write down your full name. employee in the genitive case, as well as other information (name of department, position, conditions and nature of work, salary, duration of probation, etc.). It doesn’t matter whether you are making an order for the chief accountant, general director or a simple mechanic, the filling procedure will be the same. All information is recorded exclusively in the wording specified in the employment contract.

Step 3. Assign a number and sign with the manager

Each organization has its own document registration system: some automatically register in electronic programs, others do it manually on paper. Regardless of the registration method, we recommend that you adhere to the following rules:

• details of employment orders and details of employment contracts must be the same, this will avoid confusion and unnecessary bureaucracy. In addition, this does not contradict current legislation;
• After assigning the necessary details, we sign the order (hiring) with the head of the organization.

Step 4. Introduce the employee

The employee must be familiarized with the document confirming the start of his employment with this employer within the first three calendar days. That is, if he began performing his official duties on Friday and has the next two days off, he must be introduced on Friday.

Step 5. File and register

We file the original with the employee’s note about familiarization in the nomenclature folder. We enter information about the document details into the employment order log. Below you can download the entire completed order for the appointment of a chief accountant in 2019 at Pion LLC.

Sample of a completed employment order form

Registration of an order for employment in a journal

The employer is obliged to organize the recording of these documents. For this purpose, the employer, by its local regulations, can appoint a responsible employee for maintaining this journal. It can be:

• personnel officer;
• accountant;
• Office Manager;
• any other person at the employer’s discretion, but, as a rule, from among those responsible for documenting the hiring and dismissal of employees.

The journal form must include the following required fields:

• date of publication of the normative act;
• his number;
• registration date.

An inventory is sometimes used as a journal, which can be placed in the nomenclature folder for storing regulations on the hiring of employees, and the presence of the fields indicated above is mandatory.

With the beginning of a new calendar year, numbering in the journal must be started anew, and existing information cannot be deleted; it must be stored for 75 years, in accordance with subparagraph “b” of paragraph 258 of the List approved by Order of the Ministry of Culture dated August 25, 2010 No. 558. These deadlines must be maintained. , even if you made an order to hire part-time work at 0.5 rates.

When can the term of an employment relationship be established by agreement of the parties?

In cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded by agreement of the parties without taking into account the nature of the work to be performed and the conditions for its implementation:

1. With persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 (in the field of retail trade and consumer services - 20). Let us recall that the criteria for classifying organizations as small businesses are determined by Federal Law dated July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses.”

2. With age pensioners entering work, as well as with persons who, for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature. Many employers, when their employees reach retirement age, renew employment contracts with them, setting a term in them. This is mistake. This rule requires that the term of the employment relationship be established by agreement between the employer and the pensioner only upon hiring.

Note!
List of grounds for concluding a fixed-term employment contract, established by Art.
59 of the Labor Code of the Russian Federation, is exhaustive (Letter of Rostrud dated December 18, 2008 N 6963-TZ). If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, determines that it was concluded by the employee involuntarily, it will apply the same rules as to a contract concluded for an indefinite period. 3. With persons entering work in organizations located in the Far North and equivalent areas, if this is associated with moving to the place of work. The list of such regions and localities was approved by Resolution of the USSR Council of Ministers of November 10, 1967 N 1029. We note that with citizens permanently residing in the regions of the Far North and equivalent areas, a fixed-term agreement cannot be concluded on this basis.

4. To carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances (for example, flood or fire).

5. With persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms. For example, in accordance with Art. 332 of the Labor Code of the Russian Federation, the conclusion of an employment contract to fill the position of a scientific and pedagogical worker in a higher educational institution is preceded by election through a competition to fill this position. A competition is also provided for admission to various types of services - municipal, state civil, in internal affairs bodies, etc.

6. With creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works. The list of jobs, professions, and positions of these workers was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.

7. With managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership. Article 275 of the Labor Code of the Russian Federation regulates the procedure for determining the term of an employment contract with the head of an organization: it is determined by the constituent documents of the organization or by agreement of the parties.

8. With persons studying full-time.

9. With crew members of sea vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Ships.

10. With persons applying for part-time work. Let us remind you that, by virtue of Art. 282 of the Labor Code of the Russian Federation, part-time work is understood as the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. The duration of working hours when working part-time should not exceed four hours a day (Article 284 of the Labor Code of the Russian Federation).

11. In other cases provided for by the Labor Code of the Russian Federation or other federal laws (for example, with foreign workers).

Note.
If it is established during the trial that there have been multiple conclusions of fixed-term employment contracts for a short period of time to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period (clause 14 of Resolution No. 2).

Examples of orders

Before you start looking at the examples, please note once again that the employment order form can be executed either on a unified form (T-1) or in free form using the organization’s letterhead. The main and main thing regarding this document can be expressed in four points:

• actual availability;
• written form;
• compliance with the wording in the employment contract;
• employee's notes on familiarization.

Example of an order for temporary work

When applying for a temporary job, the order must fill in a field indicating the end of the employment contract, and also indicate in the line “Conditions of employment” that this work activity is temporary for the employee.

Order for employment under a fixed-term employment contract, sample

Order for hiring 2021 individual entrepreneur

It differs from a regular order in the absence of an OKPO code and the name of a structural unit. This work is usually temporary.

Example of an order for hiring an individual entrepreneur

Order for employment with a probationary period

The absence or presence of a test is indicated in the employment contract by agreement of the parties. Information about the probationary period must be indicated in the employment order.

Order for employment with a probationary period, sample

Order for employment at 0.5 rate

Such employment is possible with internal or external part-time work. In this case, the size of the 0.5 rate is not indicated in the order itself; only the size of the salary is indicated, the maximum limit of which cannot exceed half of the corresponding rate according to the staffing table.

Example of an order for hiring a part-time job

Order for hiring a part-time worker

In principle, it is no different from the previous example, in which we saw a sample order for employment at 0.5 rates. Here, as an option, you can consider the example of replacing a temporarily absent employee (on parental leave). In this case, the end of employment field is not filled in, because the main employee can leave at any time.

Example of an order for hiring a temporary part-time worker

It should be noted that part-time workers, both external and internal, are not necessarily accepted on a part-time basis. You cannot accept a job at a higher rate: for example, you cannot make a sample order for employment at 1.5 rates. In the case of part-time workers, you can start with 0.5 and then go down.

Order for employment at 0.25 rate, example

The difference between these two orders is in the salary figures that are set for the employee upon hiring.

Order on hiring a convicted person

When hiring a convicted person, in addition to the main package of documents, an order to appear for work is provided, which is issued by the penal inspection. At the same time, a fixed-term employment contract cannot be concluded with a convicted person (there are no grounds in the Labor Code of the Russian Federation).

An example of an order to hire a convicted person

In the hiring order, we do not indicate that the employee is convicted.

Order for hiring a driver

As a rule, they are accepted into garages or motor transport departments.

Example of an order for hiring a driver

Sample order for hiring the same driver for the main job at 0.5 rate

Order for employment by transfer

If an employee is transferred from one legal entity to another, the hiring order will be in the T-1 form (the previous employer will issue a document on dismissal, and the new employer will issue a document on hiring).

If the transfer is internal, an order is issued in form T-5.

Example of an order for employment by transfer, form T-5

Employment order, sample form for admission to another organization

Order for hiring a director

When employing employees, the order for their employment is signed by the employer. When hiring a general director, the order is signed by the chairman of the meeting of the company's owners, even if the director is chosen from among the owners. If the general director is the sole owner, he himself signs an order for employment, but as the sole founder of this company.

Example of an order for hiring a director

If the founders have decided and the new director is not against it in principle, then they can make a decision and issue an order for 0.5 rates, a sample of which is below.

Order on hiring a minor

A nuance of this order may be the circumstance that in the case of employment of a minor under the age of 14, it is not the employee himself who must be familiarized with the employment order, but one of his parents. When employing minors over the age of 14, they sign the documents themselves.

Example of an order for hiring a minor

At the same time, when hiring minors, one must remember about the prohibitions and restrictions for this category of workers, which are established by Chapter 42 of the Labor Code of the Russian Federation. In addition, Article 94 of the Labor Code of the Russian Federation establishes that the duration of daily work for this category of employees is strictly regulated. For example, a worker aged 14 to 15 years cannot work more than 4 hours a day. Therefore, when concluding a TD, the parties can agree and issue an order for employment at 0.5 rates, a sample of which you can see below.

How to correctly make an entry in the labor record

When concluding a fixed-term agreement, it is important to specify the duration of the employee’s work. The wording of the administrative part of the order can be stated as follows:

“Accept Kometa Angelina Albertovna for the position of assistant accountant in the financial department under a fixed-term employment contract from 05/12/2020 to 05/12/2023, for the period of maternity leave for a child up to 3 years old Margelova N.A., with a salary that corresponds staffing table."

The period of performance of official duties pre-established by order is not entered into the work book. The work book reflects the data that can be seen in the table below.

When dismissing an employee, the employer must take care to include in the work book the grounds for performing this procedure.