Fixed-term employment contract to perform a specific job

In the practice of working with hired personnel, situations sometimes arise when the work of employees is needed not on an ongoing basis, but for some time. In this case, it is worth concluding a fixed-term employment contract with such employees. Unlike ordinary (unlimited) contractual relationships, such contractual relations cannot last longer than the time specified by law.

Fixed-term contracts have their own nuances of conclusion, which should be observed by both parties in order to avoid misunderstandings, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal basis, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

The word “urgent” in the definition of this type of contract does not mean any additional speed of its execution; it comes not from “urgency”, but from “deadline”. This is how it is declared to differ from contracts that are concluded for an indefinite period.

In the usual form of employment contractual relations, the start date of work is precisely known, but the time of separation and the reasons for dismissal cannot yet be determined. But when the last condition is known to both parties, that is, both the employee and the employer know when they will terminate their cooperation agreement, it is advisable to formalize the relationship with a predetermined period - a fixed-term employment contract .

The Labor Code of the Russian Federation calls an employment contract mandatory when formalizing the “employee-employer” relationship (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. Options when an employer gives an employee temporary employment are defined in Art. 59 Labor Code of the Russian Federation. Their determining factor is an important circumstance: a fixed-term employment contract is legal only when, for objective reasons, it is impossible to conclude a permanent one.

NOTE! To conclude such an agreement, the will of the employer and even the consent of the employee are not enough; its execution must comply with the grounds given in the legislation. Otherwise, if you have to deal with it in court, a fixed-term contract concluded on an illegitimate basis will be recognized as unlimited.

Legislative regulation

According to Art. 59 of the Labor Code of the Russian Federation, hiring an employee under a fixed-term contract is possible under the following circumstances:

the need to replace positions;
hiring for a season;
placement in civilian alternative service;
the organization’s need to perform uncharacteristic tasks of the technological process (start-up work, repairs, reconstruction).

If there are no specified grounds, the conclusion of a time-limited contract is possible with mutual consent of the parties. The maximum duration of such an agreement is no more than 5 years.

The attractiveness of fixed-term employment contracts

The party that benefits most from entering into a fixed-term rather than an open-ended contract is the employer. The reasons are obvious:

an employee on a temporary basis is more manageable;
It is easier to motivate a “conscript”, since the extension of cooperation with him directly depends on the management;
it is much easier to carry out the dismissal procedure;
an employee dismissed at the end of his term cannot challenge such dismissal;
In this way, you can get rid of any categories of employees, even the most socially protected ones.

For workers, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. Domestic legislation and the International Labor Convention (ILO) adhere to the same position, seeking to minimize the number of workers employed on a temporary basis.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of contractual relations is an important circumstance: a fixed-term employment contract is legal only when, for objective reasons, it is impossible to conclude a permanent one.

This reason must be indicated in the text of the contract.

The validity period of such an agreement cannot exceed 5 years. If the document does not indicate specific terms or an event that terminates the contractual relationship, it will automatically be considered a contract with an indefinite period. Likewise, if a period of more than five years is specified.

Termination of a fixed-term contract must be indicated in the text. This is possible in two ways:

indicating a specific date when the contract will be terminated;
designation of an event, the occurrence of which terminates the validity of the fixed-term contract.

The arrival of the final date does not mean immediate termination of work: the employee must be notified in writing 3 days in advance of the upcoming dismissal in accordance with its expiration. If this is not done, the dismissal can be challenged.

In the second case, prior notification is impossible, since the occurrence of an event automatically terminates the fixed-term contract, as provided for by its terms. Most often, such an event is the return to work of the main employee, instead of whom a temporary one was hired.

Features of a fixed-term contract

The rules for filling out a citizen’s personal documentation when applying for a job are regulated by the following legislative acts:

Decree of the Government of the Russian Federation No. 225.
Order of the Ministry of Labor No. 69.

The following entries are made on the title page of the book:

FULL NAME.;
Date of Birth;
education;
main profession;
date of entry of information;
signature of an authorized employee;
organization stamp.

Information about applying for a job is filled out starting from the second page. For each employment, the following is written in the table:

serial number;
date of entry of information;
full name of the company indicating the registration form;
Job title;
order details.

The validity period of the agreement is not indicated in the record.

With whom can you enter into fixed-term employment contracts?

Employers formalize such relationships with those employees whose nature of work does not make it possible to determine the duration of the working relationship or, on the contrary, quite clearly indicates their end. Such categories of personnel include, for example, the following:

seasonal workers;
employees hired to complete a specific type of work by a specific date;
employees who were sent to work abroad or to another branch of the organization;
specialists hired from outside to perform work not provided for by the organization’s core activities;
teachers who can work in the corresponding position only for the duration of the competition;
replacing an employee on long-term sick leave or maternity leave, etc.

Transfer to a fixed-term employment contract from an open-ended one

As a rule, employees work under an open-ended contract. However, sometimes there is a need to transfer to a fixed-term contract. This can be done, but the procedure must comply with all the rules.

Reasons for transferring to a fixed-term employment contract

An employee can only be transferred to a fixed-term contract if there are sufficient grounds for doing so. If there are no such grounds, the agreement will be considered unlimited. An employer must not enter into fixed-term agreements for the purpose of deviating from providing employees with rights and guarantees. Let's look at the reasons why an employer makes a transfer:

The employee is appointed to replace the temporarily absent employee. The latter retains his place of work.
An employee is sent to temporary work abroad.
The work involves a temporary expansion of production.
The employee has a disability.

That is, transfer to a fixed-term contract is relevant in cases where the employee’s status changes. For example, he developed health restrictions.

Is it legal to transfer to a fixed-term contract?

The issue of the legality of transferring an employee to a fixed-term agreement is extremely controversial. If the employer initially signed the employee up to an open-ended contract, he must ensure compliance with the terms of this agreement. That is, the worker receives the right to work for an unlimited time.

The contract can be terminated only on the basis of the clauses established by the Labor Code of the Russian Federation.

For this reason, transferring an employee from an open-ended to a fixed-term contract is not legal. The employer cannot, for the purpose of transfer, simply enter into an additional agreement. The employee, if desired, can easily challenge this document.

Another significant mistake is drawing up a new agreement while the previous agreement is still in effect. According to the law, if two documents apply to an employee, the document with the most favorable conditions will be valid. In this case, the most advantageous would be an open-ended contract, since it provides a larger list of rights.

IMPORTANT! Many employers believe that entering into a new agreement automatically cancels the previous agreement. However, this is a wrong position. In order for only one act to be in effect, the old act must be legally repealed.

How to legally transfer a person to a fixed-term contract?

The only legal way to transfer an employee to a fixed-term contract is to terminate the previous agreement and draw up a new one. However, you need to take into account all the disadvantages of this path:

The need to pay compensation for vacation that was not used.
The accrual of length of service for vacation registration begins anew. In order for an employee to be able to legally go on vacation, he needs to work for 6 months. For example, an employee under the first open-ended contract worked for 5 months. That is, after a month he can go on vacation. However, if the previous agreement is terminated, another agreement is drawn up, the vacation will be legal only after 6 months.
You will have to draw up cadastral documentation for the employee as a newly hired employee.

The legislation does not provide for a simplified procedure for dismissing an employee and rehiring him. The listed difficulties are related to preventing abuse.

Procedure for drawing up a new employment contract

Let's consider the legal procedure for transferring an employee to a fixed-term contract by drawing up a new agreement:

The employer conducts a conversation with the employee and offers him new working conditions. Explains the translation scheme.
The employee resigns at his own request or by agreement of the parties.
A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
The relevant information is entered into the work book.

This method of transfer is more complicated, but it is legal.

Legitimate reasons for urgency

The law provides for two legitimate reasons for concluding a fixed-term rather than an open-ended employment contract:

Relationships are concluded strictly for a certain period, based on the nature of the work to be done and the accompanying circumstances.
The urgency of labor relations is determined by the agreement of the parties in cases where this does not contradict current legislation.

The labor legislation of the Russian Federation (Part 1 of Article 59 of the Labor Code of the Russian Federation) allows the conclusion of fixed-term contracts arising from the nature of the work in the following circumstances:

for a time when a full-time employee is absent from his workplace for objective reasons, whose workplace must be retained by law;
the upcoming work will not take more than 2 months;
to provide seasonal labor;
for foreign forms of work;
performing actions necessary for the company, but not related to its main activities (for example, installation work, repairs, reconstruction, etc.);
work associated with a limited (usually up to a year) time period, such as expanding activities, increasing capacity, volumes, etc.;
the company is specifically created for a short existence, providing a limited time for performing specific work;
labor related to vocational training and internship of employees;
election to a working elective body for a certain period;
assignment to community service;
additional cases provided for by Federal legislation (existing and possible to be adopted in the future).

A fixed-term employment contract, by agreement of the parties, can be concluded only on a limited list of grounds:

the employer is a small business representative;
employee - pensioner;
a medical employee is allowed only temporary employment;
work in the Far North and other equivalent territories;
when elected through a competition to fill a vacant position;
urgent work aimed at preventing and/or eliminating the consequences of emergency situations;
with management, deputies and chief accountants of organizations;
with creative workers (in accordance with the list of similar positions);
with pupils or full-time students;
with part-time workers;
with those working on watercraft registered in the Russian International Register of Ships;
other grounds consistent with federal laws (current and future).

Employer, remember:

You cannot conclude a fixed-term employment contract on grounds not specified in Art. 59 Labor Code of the Russian Federation;
when dismissing an employee after the expiration of a fixed-term contract, do not forget to notify him in writing 3 days in advance;
did not warn about dismissal - the contract will become indefinite.

Should I make entries in the employment record for a fixed-term contract?

A work book is the main document containing information about the length of service of its owner. Information is entered into it by the heads of enterprises in accordance with Art. No. 66 and 309 of the Labor Code of the Russian Federation.

When hiring under a restrictive agreement, you must follow the following algorithm:

A contract is concluded with the applicant.
The employee familiarizes himself with job descriptions.
An order for admission to the position is issued.
Information about employment is entered into the employee’s record book.

According to Article No. 66 of the Labor Code of the Russian Federation, the manager must enter information into the employee’s employment record if he has worked for the company for more than 5 days. This rule is valid for ordinary contracts and contracts for a specific period.

IMPORTANT! Persons who are finding employment for the first time, as well as citizens who have lost their work permit, are required to independently acquire it before submitting an application to the organization.