We are drawing up a fixed-term employment contract - sample for 2021

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.

The duration of leave due to an employee is calculated based on 2 working days for each month of work with a fixed-term employment contract lasting up to 2 months (Article 291 of the Labor Code of the Russian Federation).

The condition for establishing a probationary period is subject to its own rules (Article 70 of the Labor Code of the Russian Federation).

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, trial access is available for free.

How to draw up a fixed-term employment contract by agreement of the parties in 2021

Now let's move on directly to drawing up a fixed-term employment contract. As mentioned above, it is concluded only if there are grounds established by the Labor Code or other federal law. Therefore, when drawing up a contract, you need to indicate for what reasons it is concluded with the employee for a certain period. This requirement is set out in paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation.

A fixed-term employment contract, like any other, must contain mandatory conditions. According to Part 2 of Article 57 of the Labor Code, this is:

place of work;
labor function;
work start date;
salary;
operating mode;
compensation;
nature of the work;
condition on compulsory social insurance, etc.

The term of the employment contract is probably one of the most important points of this document. Without it, the contract would not be considered urgent. Therefore, we will pay special attention to it. How to formulate a term condition? It all depends on the circumstances of the conclusion of the contract. Let's look at them.

The expiration date of the contract has been determined. If a specific date is set for the end of the employment contract, it must be written down in the document. Let us remind you that a fixed-term contract can be concluded for a period not exceeding five years.

In particular, the expiration date of a fixed-term employment contract is indicated in the case when the employing organization is created to perform specific work. Accordingly, employees will be hired for a period not exceeding their duration. This also applies to seasonal work (if the specific end date of the season is known) and elective positions.

Let's look at how an entry about a deadline can be formulated using an example.

Example 1

L.D. Smekhov got a job at Veselye Gorki LLC (amusement park) as a janitor. The park is open to visitors from May 1 to October 1. The employer entered into a fixed-term employment contract with him for the period of operation of the park. How to reflect the term condition in a document?

Solution

The clause of the contract that states the term of its validity will look like this:

"2. Contract time

2.1. The Agreement comes into force on the date of its conclusion by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative).

2.2. Start date: May 1, 2010.

2.3. The contract was concluded for five months for the period of operation of the amusement park from May 1 to September 30.

Example 2

Confectioner P.L. Pryanishnikova was accepted into Vanil LLC for the duration of pastry chef V.A. Kalacheva has been undergoing treatment in a hospital since August 1, 2010. With P.L. Pryanishnikova signed a fixed-term employment contract. How will the term of the contract be spelled out if it is unknown when exactly V.A. Will Kalacheva return to her workplace?

Solution

In the employment contract with P.L. Pryanishnikova should have the following wording:

"2. Contract time

2.2. Start date: August 1, 2010.

2.3. The contract was concluded for the period of temporary disability of confectioner V.A. Kalacheva, who retains her job.

2.4. The validity period of the contract is determined until the return of the main employee V.A. Kalacheva.

2.5. If the main employee receives V.A. Kalachev’s disability with limited ability to work or dismissal, the Employer extends this contract with his replacement Employee for an indefinite period.”

Probation

Is it possible to establish a probationary period when concluding a fixed-term employment contract? It all depends on how long and for what work the employee is hired.

Seasonal work. When concluding an employment contract for the duration of seasonal work, a probationary period of more than two weeks cannot be established (Article 70 of the Labor Code of the Russian Federation). In this case, the seasonality condition must be included in the text of the contract in accordance with Article 294 of the Labor Code.

Temporary work. When drawing up a fixed-term contract for the duration of temporary work (up to two months), a probationary period is not established (Article 289 of the Labor Code of the Russian Federation).

Other works. When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

Let us remind you that according to Article 70 of the Labor Code of the Russian Federation, a test for hiring is also not established:

pregnant women and women with children under the age of one and a half years;
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;
under the age of 18;
those who have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and who are entering work for the first time in their specialty within one year from the date of graduation from the educational institution;
those elected to an elective position for paid work;
invited to work by way of transfer from another employer as agreed between the employers;
to other persons in cases provided for by the Labor Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

Let's move on directly to the design of the document. As we noted above, all mandatory conditions must be included in it.

Particular attention should be paid to the reasons why a fixed-term employment contract is concluded and the timing of its expiration. Let's look at the preparation of this document using an example.

Example 3

Civil engineer E.V. Nezabudkin was hired by Project-Design LLC, created specifically to service the international youth sports games “Sportlantida”, planned in Volgograd in August 2010. Preparations for them began in January 2010, construction work should be completed on July 15, 2010. The organization will operate until July 31, 2010. With E.V. The Nezabud-kins need to conclude a fixed-term employment contract for the period of existence of this organization. How to compose it?

Solution

The fixed-term agreement is shown below.

According to paragraph 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, information about the employee, the work he performs, transfer to another permanent job, dismissal, and also indicate the grounds for termination of the employment contract and enter information about rewards for success in work.

Accordingly, if a fixed-term employment contract has been concluded with an employee for any period, it is necessary to make an entry about this in the work book or create a new one if there is none. The employer must make a record of hiring in the conscript’s work book if he has worked for him for more than five days and this work is the main job for this employee.

However, this does not mean that it is necessary to indicate in the work book that a fixed-term employment contract has been concluded. Also, attention is not focused on the fact that the employee, for example, replaces an absent specialist. It is enough to make a standard entry, for example: “Hired as a mechanic,” indicating the serial number of the entry, the date, as well as the details of the hiring order. This, in particular, is stated in the letter of the Federal Service for Labor and Employment dated 04/06/2010 No. 937-6-1.

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.

Peculiarities of paperwork when applying for a job

Concluding a fixed-term employment contract has its own characteristics. It must indicate its validity period. As a standard, it cannot exceed 5 years. If the term is not specified in the contract, then the contract is considered to be concluded for an indefinite period. By the way, in some cases, a fixed-term employment contract can be extended.

A “conscript” employee may be given a probationary period. However, if the contract is concluded for a period:

from 2 to 6 months, then the test cannot last more than 2 weeks;
up to 2 months, then a probationary period cannot be established at all.

We suggest you read: Tired of collectors and banks, what to do?

Based on the order to hire an employee, an entry must be made in his work book. This includes cases where a fixed-term employment contract has been concluded with an employee. But information about the duration of the contract is not indicated in the work book.

An employee is hired for a temporary position in the same manner as for a permanent position.

Statement

The candidate writes a job application and submits it to the HR department.

The following information must be included in the application:

employer's name,
Employee's name,
request for a job,
term of office,
date, signature.

The document is drawn up in any form. In practice, the application form is provided by the employer's HR department.

Employment contract. In addition to the standard terms of the employment contract, it must contain:

The reasons why it is concluded;
The period of its validity.

The conditions of employment must necessarily reflect the “urgency” of the contract. This column may indicate:

Temporary replacement of an absent employee;
Performing seasonal (temporary) work;
Conclusion of an agreement by agreement of the parties;
Sending an employee abroad.

Order confirming employment. The fields “from” and “to” must be filled in. The following can be entered in the “by” cell:

A specific date when the work contract ends;
The event associated with the end of the contract.

Do not forget that the acceptance order must fully comply with all the conditions of the contract itself.

Employment history. It is filled out in accordance with the general rules. That is, it does not indicate at all that the contract being signed is temporary.

When the contract period expires, an entry is made in the book that the employee was fired due to the expiration of the contract.

Additional agreement to a fixed-term employment contract. If neither party to the relationship has requested termination of the employment relationship due to the expiration of the contract, and the employee continues to work, the contract becomes concluded for an indefinite period. That is, the contract becomes like this automatically. In this case, you need to enter into an additional agreement for a fixed-term employment contract.

You can find out more about the additional agreement and view a sample in the article.

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?”.

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.

How to draw up a fixed-term employment contract by agreement of the parties in 2021

Russian labor legislation gives preference to open-ended agreements, since they more fully comply with the principle of protecting workers' rights. However, sometimes it is more convenient to conclude fixed-term employment contracts. But it should be taken into account that the signing of such a contract is limited by a number of nuances.

►Unlimited contract into a fixed-term employment contract

Article 58 of the Labor Code of the Russian Federation introduces a general rule according to which a fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions for its implementation. In this case, the text of the contract must indicate the circumstances that served as the basis for its conclusion. And, if the court finds this basis insufficient, the contract will be recognized as unlimited.

Labor Code and Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004. No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” prescribe the need for a voluntary expression of the will of the parties to conclude just such an agreement - limited in duration.

The text of the employment contract itself, even if it displays the expiration date of its validity, cannot serve as confirmation of the voluntary consent of the future employee. It is necessary either to include in the text a separate clause stating voluntariness, or to make the consent an independent document - an appendix.

To draw up a fixed-term employment contract by agreement of the parties in 2019, the candidate will need:

identification;
work record – if the person has worked somewhere before; if you are getting a job for the first time, you will have to skip this point;
SNILS;
military ID - if the future employee is liable for military service;
a document of relevant education - most often a diploma, but there may be a certificate or certificate;
other documents, if the vacant position requires clarification of any other information about the candidate.

According to the Labor Code, an employee’s application for employment is not required, but many companies provide for the receipt of this paper during the application process. It is written in any form and filed in the employee’s personal file.

An agreement signed for a limited time period must include a number of mandatory conditions:

details of the parties;
place and date of signing;
place of work;
position and responsibilities;
salary and all other payments;
operating mode;
compulsory insurance;
duration of the contract, etc.

The duration of the agreement cannot exceed five years, and it specifies the basis for drawing up a fixed-term contract. The same reason for urgency is recorded in the order, which is issued after the signing of the contract.

But a record of hiring is made in the work book without additional instructions about its temporary nature. This is provided for by the rules governing the completion of this document, and a violation may result in administrative penalties under Part 1 of Art. 5.27 Code of Administrative Offences.

The circumstances that make it possible to legally sign a fixed-term contract by agreement of the parties are specified in Part 2 of Article 59 of the Labor Code of the Russian Federation. He signs:

with those who get a job with small businesses that employ no more than 35 people (in the field of retail trade and consumer services - 20 people);
with age pensioners applying for a position, as well as with those who, for health reasons, are only allowed to work temporarily (this must be confirmed by a medical certificate);
with people who go to work in organizations located in the Far North and equivalent areas and move to their place of work;
to carry out urgent work to prevent disasters, accidents, accidents and other emergencies;
with applicants selected through a competition for a position that provides for such an employment procedure;
with creative workers (media, film industry, theaters, circuses, etc.);
with the management staff of enterprises - directors, deputies and chief accountants (the organizational and legal form of the organization does not play a role);
with full-time students;
with crew members of sea vessels, inland and mixed (river-sea) navigation vessels registered in the register;
with part-time workers.

for the duration of the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract;
for the duration of temporary (up to two months) work;
to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);
with persons sent to work abroad;
for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;
to perform work directly related to the internship and professional training of the employee;
in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;
with persons sent by employment services to temporary work and public works;
with citizens sent to perform alternative civil service;
in other cases provided for by this Labor Code of the Russian Federation or other federal laws. For example, a fixed-term employment contract can be concluded with the vice-rectors of a higher educational institution (Article 332 of the Labor Code of the Russian Federation), the employer, for the period of temporary transfer of the athlete to the place of temporary work, concludes a fixed-term employment contract with him (Article 348.4 of the Labor Code of the Russian Federation).

with persons entering work for employers - small businesses;
with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate, are allowed to work exclusively of a temporary nature;
with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;
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;
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;
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, in accordance with the list of works, professions, positions of these workers;
with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;
with persons studying full-time;
with crew members of sea vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Vessels;
with persons applying for part-time work;
in other cases provided for by this Labor Code of the Russian Federation or other federal laws. For example, a fixed-term employment contract can be concluded for a certain period between an employee and a religious organization (Part 1 of Article 344 of the Labor Code of the Russian Federation).

DIFFERENCES IN AN EMPLOYMENT AGREEMENT FROM A CIVIL LAW CONTRACT We invite you to familiarize yourself with: Additional employment contract for combining positions

Important!

A fixed-term employment contract concluded by agreement of the parties can be recognized as legal if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer.

If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of the contract concluded for an indefinite period (Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” ).

As can be seen from Part 2 of Art. 59 of the Labor Code of the Russian Federation, this norm presupposes the conclusion of a fixed-term employment contract by agreement of the parties, but without objective reasons - when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation. In this regard, the provisions of paragraph. 3 parts 2 tbsp.

59 of the Labor Code of the Russian Federation were the subject of consideration in the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation recognized the provisions of the contested norm as consistent with the Constitution of the Russian Federation and indicated: “The normative provision of paragraph. 3 parts 2 tbsp. 59 of the Labor Code of the Russian Federation of the Labor Code of the Russian Federation, which allows the conclusion of a fixed-term employment contract with age pensioners in the absence of objective reasons..., does not limit... freedom of labor, their right to freely dispose of their ability to work, choose the type of activity and profession enshrined in Article 37 (part 1) The Constitution of the Russian Federation.

Providing that a fixed-term employment contract with old-age pensioners can be concluded by agreement of the parties, it provides the parties to the employment contract with freedom of choice in determining its type: by mutual agreement, the contract can be concluded for either a definite or an indefinite period.”

The fixed-term contract under the agreement is concluded:

With employees who get a job with small business employers. The number of employees in their enterprise should be no more than thirty-five employees (if the organization is engaged in retail trade - no more than twenty people).
With employees who are age pensioners.
With employees who, due to health, can only work temporarily.
With workers who get jobs in companies located in the Far North.
With employees who get a job to carry out urgent work to prevent accidents and disasters, and to eliminate the consequences after them.
With employees who are elected through a competitive process to fill a position.
With creative professionals who are directly involved in the exhibition of cultural works.
With persons holding leadership positions.
With full-time students.
With persons taking part-time jobs.
With persons who are crew members of sea vessels.

In some cases, the nature of the work to be performed or the conditions for its implementation do not allow formalizing an employment relationship with an employee for an indefinite period. Therefore, a fixed-term employment contract is concluded with him.

The grounds for concluding a fixed-term employment contract are listed in Part 1 of Article 59 of the Labor Code. And Part 2 of Article 59 of the Labor Code of the Russian Federation specifies cases when a fixed-term employment contract can be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of the employment relationship is exhaustive. This is also stated in the letter of Ros-Labor dated December 18, 2008 No. 6963-TZ.

The main feature of this type of employment is the determination of the period during which the employed person will occupy the provided position. In this case, a separate provision indicates the exact date after which the contract loses legal force.

Such provisions apply in the case of registration of teachers - for one academic year, for seasonal work, for specific work.

Sometimes it is permissible to tie certain deadlines to the precedent on the basis of which the employer’s right to accept an employee as a deputy to the main employee arose. Here it is permissible to focus not on the exact number, but on the right of the main employee to go to work. As an example, after maternity leave and child care leave.

IMPORTANT: Without an appropriate reason, officially established, the execution of a fixed-term contract is not allowed.

Article 59 of the Labor Code of the Russian Federation names the following circumstances:

the employer hires an old-age pensioner,
in accordance with the medical report, the citizen is allowed only temporary work,
a person is hired by a company located in the northern regions (relocation to the place of employment is required),
the employer is a small business entity,
a citizen is hired to prevent and eliminate emergency circumstances,
the employee received the position as a result of a competitive selection,
a person is hired for a creative position included in a special list,
the employee is hired for a management position or chief accountant,
the employee is a full-time student at an educational institution,
a citizen is accepted into the crew of ships,
the person intends to work part-time,
others.

In all of the above situations, the contract can be converted into an open-ended one.

As a general rule, the duration of a fixed-term contract by agreement of the parties cannot exceed 5 years. The code does not establish a minimum period of temporary work.

The end of the agreement can be tied to:

specific calendar date,
the occurrence of an event,
certain conditions.