Hello! In this article we will talk about temporary workers and formalizing legal relations with them.
Today you will learn:
- Who are temporary workers?
- How to draw up an employment contract with them;
- How to properly fire a temporary employee.
Any company may need temporary workers. Sometimes specific types of work are required, or a key employee is still being sought, but the work needs to be done urgently. Let's figure out how to hire them, fire them and provide leave.
Content
- Peculiarities
- Who can be considered a temporary employee?
- Important nuances
- Temporary workers under 18 years of age
- Pros of hiring temporary employees
- Hiring a temporary worker
- Reflection of temporary work in documentation
- Temporary replacement order
- Methods for extending the contract
- What rights does an employee working temporarily have?
- Vacation for a temporary worker
- Maternity leave for a temporary worker
- How to fire a temporary worker
Nuances
If the head of an enterprise hires an employee for a period of up to two months, then he needs to know about all the existing features of such work activity. In this case there should be no trial period. After all, the person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is hired to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.
Peculiarities
Temporary workers are people who are hired for a specific period of time or to do a specific job. A fixed-term employment contract is concluded with such employees. Finding temporary employees is an excellent option when you need to hold, for example, a one-time event: a tasting, a sale, a presentation of something. They are also often involved in seasonal work: as sellers, operators on children's attractions, and so on.
Completion of work and payment
In practice, the head of a company often faces a number of difficulties when dismissing a temporary employee. And in most cases, he seriously violates labor laws. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this three calendar days before the date of termination of the fixed-term contract.
Therefore, many subordinates often file complaints with the prosecutor’s office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who was temporarily performing the duties entrusted to him.
Therefore, on the last day of the employee’s work, the HR specialist must prepare the appropriate order and all other documents related to the latter’s work. In certain cases, the employee immediately asks to see a certificate of his latest income. This document is required for registration with the employment service.
On the last day of the subordinate’s work, the employer must pay him in full. This means that the latter must transfer wages and additional remuneration for unused vacation by the temporary employee.
Temporary workers under 18 years of age
School holidays are a great time for teenagers who want to earn personal money. The most important thing is that this is not prohibited by law. The main thing for the employer is to follow certain rules.
They are as follows:
- The child's age is 14 years or more;
- Working hours – no more than 12 hours per week;
- Parents must provide written consent.
Who does it?
Personnel work by order of the director can be carried out by:
- personnel officer;
- secretary;
- clerk;
- another specialist.
If the company is small, the director can work with personnel independently. An individual or entrepreneur who hires workers is also obliged to maintain documentation, including drawing up orders.
Payments to military personnel upon dismissal based on the age limit - find out what they are entitled to. What pension supplements can you expect after age 80? Find out about this in our article. How to register at the labor exchange to receive benefits for the unemployed - read our detailed material.
Hiring a temporary worker
When an employer hires a temporary employee, he has two options: to enter into a civil law contract with him or a fixed-term employment contract.
The first option is more suitable when strictly defined work is required. But when concluding such an agreement, there is a risk: when checked by specialists from the Social Insurance Fund, such agreements will be carefully checked and it is possible that they will be recognized as labor agreements and fines will be imposed on the company.
Concluding an employment contract is safer in this regard. In particular, it is better to conclude it if the scope of work is difficult to calculate and it is difficult to say when this work will be completed. It is also convenient for seasonal and one-time work such as promotions.
The details of concluding a contract with an employee hired for temporary work are as follows:
- Term of the work . It is better to record it, and the exact date of termination of work is usually not indicated. If a person is hired to temporarily replace another employee, it can be formulated as follows: “This agreement was concluded for the period that manager N. is on sick leave.” Then this agreement will terminate from the date N. leaves sick leave;
- An employee hired for a temporary job must be notified of his dismissal , in writing and no later than 3 calendar days before this date. This applies to a situation where a specific date for termination of the contract is specified. If it is initially impossible to determine a specific date, no warning is required;
- If the contract expires , but both parties do not require termination and the temporary employee continues to operate, the contract becomes indefinite;
- Clarification of information about the probationary period . If the contract is concluded for no more than 2 months, a trial period is not assigned at all, and if it is for more than 2 months, then the trial period should not exceed 2 weeks.
Probation
A probationary period (Article 70 of the Labor Code of the Russian Federation) is a period of time established by an employment contract during which the employer evaluates the employee’s business qualities and has the right to dismiss him if the employee does not pass the test. According to Article 70 of the Labor Code of the Russian Federation :
- if the contract is concluded for a period of up to 2 months, a trial period is not established;
- when imprisoned for a period of 2 to 6 months, the probationary period cannot exceed two weeks.
Temporary replacement order
To apply for a temporary replacement, you need to take the following steps:
- Obtain the consent of the substitute;
- Sign an additional agreement on temporary replacement;
- Based on these documents, draw up an order.
The order should contain the following points:
- Information about the employee who will replace the absent person;
- The reason why the replacement is being issued;
- Date from which replacement begins;
- A specific end date for the replacement or another way of indicating the period;
- Payment amount;
- The basis on which the order is issued.
In general, the form of the document can be called free. If the absent person is financially responsible, then a MO agreement must be drawn up with the replacement employee.
Translation
When carrying out official activities, it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how does this work out in practice?
The manager may offer the employee a transfer to a temporary position while maintaining his average income or the earnings of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.
Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the duties of the absent employee at the same time. This must be confirmed by an order and an additional agreement.
Methods for extending the contract
For example, a person has a fixed-term employment contract for the period of absence of the main employee. This employee returns to his place of work, and the manager still needs. How to legally extend a contract? This can be done without violating the law. For example, by concluding an additional agreement.
However, it is better to indicate in it that the previously agreed period is changing, rather than being extended. Also, in order to avoid disagreements, such a change is discussed with the temporary employee 3 days before the end of the contract.
Results
Employment under a fixed-term employment contract is quite common.
So that no one can challenge the legality of the concluded fixed-term contract and reclassify it as an open-ended one, when drawing up this document it is important to take into account the provisions of Art. 58, 59 Labor Code of the Russian Federation. It is also important in an urgent TD to stipulate the duration of its validity and the reason for concluding this particular type of contract. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Maternity leave for a temporary worker
If the term of the concluded employment contract expires during the pregnancy of a temporary employee, she should do the following: write an application addressed to the employer, to which attach a certificate from a medical institution confirming the presence of pregnancy. In this case, the term of the employment contract will be extended until the end of the pregnancy.
Once every three months, the employee must provide such a certificate to the employer.
It is possible to fire a temporary employee who is pregnant, but only if she performed the duties of an absent employee who is ready to return to her place. The employer, in turn, is obliged to offer the temporary employee all vacancies that are available and correspond to her skills and state of health.
If the contract is not terminated before the decree, the obligation to make all payments falls on the employer.
What information should be contained in the order?
- Organization name or full name. individual entrepreneur.
- Date of compilation and assigned number.
- FULL NAME. hired employee.
- The name of the organization's division, if specified in the contract.
- Type of employment (temporary).
- Type of work performed.
- Salary amount.
- Duration of probationary period.
- Details of the concluded employment contract.
- Signature line for the CEO.
- Line for the employee to familiarize himself with the order.
How to fire a temporary worker
The Labor Code of the Russian Federation clearly regulates this issue. The basis for dismissal is the end of the employment contract. The employee is aware of the fact that his employment contract will be terminated as soon as the agreed period expires.
Regarding the general procedure:
- A dismissal order is issued;
- An entry is made in the employee’s personal card and work book;
- The employee signs for familiarization with these materials;
- On the last day of work he receives his due payments. The fact that the calculation has been made is recorded by filling out a note - calculation.
It is quite simple to register the work of temporary workers. The main thing is to follow all the rules and regulations in order to avoid not only disputes and conflicts, but also to preserve your business reputation.
Decor
Statement
When hiring such a candidate, you should be guided by Articles 79 of the Labor Code.
Despite the fact that you will not be on the road for long, the citizen must still be properly familiarized with the job description and other local acts by signature.
An application for employment (for a temporary job) is drawn up according to all the rules, but and for how long the candidate wants to cooperate must be mentioned
The full name of the desired position and the details (last name, first name, patronymic) of the new mother (maternity maid) who is planned to be replaced are also written.
The application must be correctly registered, and a personal card must be created for the employee. As for the person being replaced, she may not go on maternity leave , but return much earlier than she planned (that is, before the child celebrates his third birthday).
Therefore, both the application and the contract must indicate that cooperation is planned for the period while the main employee is absent due to the birth of a child and the need to care for him.
It should be remembered that the end of his work will be considered the day before the main employee leaves maternity leave.
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Fixed-term employment contract
This is a type of contract, which, unlike an open-ended contract, is signed by the employer and employee for a certain period.
The Labor Code of the Russian Federation (Article 58) sets the maximum limit for an employment contract - five years.
Order
An order for employment (during the absence of the main employee) can be written according to a unified template or in a form that is accepted by the individual company policy.
When correctly filling out an employment order, the mandatory items include information that the job is temporary, as well as who will replace whom, in what position and for how long .
Order on hiring a temporary employee for the duration (period) of maternity leave of the main employee, sample:
Entry in the work book
How is an entry made in the work book about hiring an employee during the absence of the main employee?
It is filled out in accordance with the general rules .
That is: column one - record number; the second indicates the date, the third indicates the position for which the candidate was registered.
In column 4 - on the basis of which order it was accepted.
Moreover, there is no need to mention that the contract is fixed-term - this will be reflected in the dismissal record, where it is written as follows: due to the expiration of the employment contract (Article 77, clause 2 of the Labor Code).
In the event that the applicant simply does not have a work book. This means that the boss is obliged to draw up this document for him. It doesn’t matter whether we are talking about a temporary employee or a permanent one. The same applies to SNILS.
It is not recommended to display the exact date when the key employee will return to work.
It is better to write that the employment contract was concluded before Maria Petrovna Ivanova went to work, for whom, in accordance with the legislation of the Russian Federation, her place of work was retained.
This is what they do when they hire a new employee while the main one is on maternity leave. Or it is unknown when the employee in whose place a temporary one is being appointed will begin his duties.
Sample entry on employment during maternity leave (temporarily) in the work book:
Decree and documents
They must give her the documents and complete them correctly. The process is handled by the HR department; the expectant mother’s vacation is divided into three parts:
- gestation, postpartum time;
- care leave for up to one and a half years;
- extending this period until the child reaches three years of age.
All applications for leave must be submitted to the manager in advance. When applying for a BIR, you must include sick leave for 70 or 84 days. It all depends on the day of birth of the child or pregnancy (for example, multiple births).
After delivery, the employer is presented with a certificate from the hospital or a certificate of birth of the baby. These papers serve as the basis for crediting a one-time benefit due to the fact that a woman has a baby.
The woman is required to keep her job. And until the child turns three years old. When the child reaches 1.5 years old, the payment of care benefits stops.
