Fixed-term employment contract with employee 2021 and 2021: download sample

Concept

There are all sorts of circumstances that require the conclusion of an STD. For example, there are options for the impossibility of concluding an open-ended employment contract if:

Employment of a person instead of an employee who went on maternity leave, since, according to the Law, her job remains.
When employing for the season, for example, workers - for harvesting, or drivers - for summer routes, etc.

In such cases, it is not economically feasible to employ persons permanently. As a rule, STD is concluded with employees for up to 2 months, with the exception of seasonal work, where a work duration of up to 6 months is allowed.

The persons with whom STD are concluded include:

Persons in alternative service or engaged in forced public labor.
Trainees.
Interns.
Persons employed abroad.
Elected deputies also conclude STAs for a specified period.

The STD may have a modified form when, when drawing up an open-ended agreement that requires rotation for some vacancies, both parties agree to the STD. An example of such a mutual agreement could be:

Management team and chief. accountants of institutions with which employers enter into such contracts, insuring the risks of poor management of institutions.
Residential students.
Part-timers.
Persons involved in emergency response.
Persons of retirement age and disabled people who get a job and who are not allowed to take up long-term work due to health reasons.
Persons working on sea and river vessels.
Persons applying for employment at an institution to move to the Far North.
Creative staff. The list of specialties of creative persons was established by the Government of the Russian Federation No. 252 dated April 28, 2007.

The full list of permitted employment under the STD is shown in Art. 58 and art. 59 Labor Code of the Russian Federation.

When a fixed-term employment contract is concluded

The basis for drawing up the STD is Part 1 of Art.
59 Labor Code of the Russian Federation. And part 2 of this article shows the circumstances when the STD can be signed by mutual agreement of the parties. At the same time, the provisions for determining the duration of the working relationship are reflected in the letter of Rostrud No. 6963-TZ dated December 18, 2008. Below is a table that displays the provisions for the conclusion of the STD, prescribed in Part 1 and Part 2 of Art. 59 Labor Code of the Russian Federation.

If, during employment, there are no grounds noted in the table, the head of the institution does not have the right to conclude a STD with the employee. Such a measure would refer to a violation of the employee’s rights.

It is also not allowed to sign the STD multiple times without a break if a subordinate is performing the same work. This is stated in paragraph 14 of the decision of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 “On the application by Russian courts of the Labor Code of the Russian Federation.” Such employment agreements are recognized as unlimited.

Who shouldn't it be concluded with?

It is important to understand that if there are no grounds for drawing up a fixed-term employment agreement, such an agreement cannot be concluded. This ban is established at the legislative level.

If the employer ignores this point and signs a fixed-term contract, it will be considered signed for an indefinite period. However, appropriate measures may be taken against the company's administration.

You cannot sign a fixed-term employment contract with persons who are under 18 years of age. This category also includes incompetent citizens whose legal capacity is limited by health conditions or being subject to punishment.

Attention! If, according to the law, the conclusion of a fixed-term contract requires obtaining the consent of the employee, then its execution is not allowed when the employee is against it.

We are drawing up a fixed-term employment contract in 2021

As noted earlier, in order to issue a STD, it is necessary to have the grounds noted in the previous section, approved by the Labor Code of the Russian Federation. Therefore, when signing the STD, it is required that the agreement reflect the reasons for the conclusion with the potential worker for the period specified in the agreement. The specified provisions are reflected in paragraph. 4 hours 2 tbsp. 57 Labor Code of the Russian Federation.

Mandatory terms of the employment contract

The STD, like every agreement drawn up, must contain the following conditions, which are regulated by Part 2 of Art. 57 Labor Code of the Russian Federation:

Place of work.
Labor responsibilities.
Date of return to work.
Remuneration for work.
Working day schedule.
Compensation payments.
Type of work activity.
Requirement for mandatory social insurance, etc.

If the noted conditions are not met, the STD may be determined to be unlawful.

Sample

When is it permissible to enter into a fixed-term contract?

Logically, any agreement can become urgent if its parties agree on this in advance. Suppose we want to work together for 4 months, look at the result and then decide whether to cooperate further or not. It would seem that everything is simple: we conclude a contract for 4 months - and it’s done! But labor legislation does not allow following such simple logic. Based on the norms of the Labor Code of the Russian Federation, there are special conditions that allow an agreement to be concluded for a short period. These are the reasons:

They employ a person during the absence of another employee. The most common situations of this kind are a woman on maternity leave or a subordinate undergoing long-term treatment.
The work is initially temporary and lasts no more than 2 months. For example, when people are needed for a specific short-term project.
It is necessary to perform seasonal work due to the climate or natural conditions of the region. Example: catching spawning fish, collecting forest mushrooms, berries, harvesting, etc.
The agreement is concluded to perform work in an elective position, to which a person is elected for a known specific term.
A contract is required to perform work during the internship.
The cooperation agreement is concluded with certain categories of persons:
students;
persons who will work outside the Russian Federation;
citizens who will help prevent disasters and accidents and their consequences;
creative workers;
top managers;
chief accountants;
some other specialists.
Employees are hired by individual entrepreneurs and legal entities that have the status of a small business entity. The main rule in this case is that the employer has no more than 35 people on staff.
The hired employee will work part-time.

Please note: if the employer does not have a legal basis, listed in the Labor Code of the Russian Federation and other regulations, for concluding a fixed-term contract, it is necessary to formalize a permanent relationship with the employee.

For what period can a fixed-term employment contract be concluded?

The longest period of STD is 5 years. The minimum period is not defined by law. When submitting a request for temporary work, the period of temporary work is determined for each category of activity, depending on the specific reasons for which the following can be reflected in the agreement:

“... before Svetlana Danilovna Ivanova goes to work.”
“... for the period that Elena Ivanovna Petrova is on vacation until the baby turns 3 years old.”
“...for the period of holiday under the BiR”

For seasonal personnel, it is required to display in the STD the phrase “for the season” or “before signing the acceptance certificate for the work performed,” etc.

Note. The law prohibits the use of permanent employment as temporary, in order to evade providing subordinates with compensated payments and other benefits upon dismissal. (Law No. 90-FZ of June 30, 2006). For example, if an employer plans to reduce a vacancy, if a subordinate who has received a pension continues to work, or if a disabled person is awaiting re-examination, as well as in other similar circumstances, the court recognizes such labor relations for an indefinite period.

Let's give an example of how an entry should be displayed in a contract when applying for a job under the STD.

Example

I.P. Sidorova was registered to work at Gaming Attraction LLC as a cashier. The institution is open to clients from June 1 to September 30. The head of the company signed a STD with the employee for the duration of the opening of the institution.

In this option, the following phrases must be written in the STD:

"2. Contract time.
2.1. The contract comes into effect from the date of its execution by the Employee and the Chief.
2.2. Start date: June 1, 2021.
2.3. The contract was signed for four months during the opening of the amusement park from June 1 to September 30.
2.4. The contract completion time is September 30, 2021.”

In this example, the completion time of the STD is determined. However, in some circumstances it is not possible to determine the completion date of the CTD. Similar typical circumstances in which it is impossible to determine the final period of work of a temporarily hired employee include the following:

Due to the employee being on maternity leave and on leave to support the baby.
Due to the illness of an employee.
Due to the cessation of seasonal work.

In the listed options, the end of the STD is tied to a specific event. In this option, the head of the institution, when expelling a subordinate upon expiration of the validity period of the STD, is required to be guided by part 2 of Art. 79 Labor Code of the Russian Federation.

Is it possible to extend it

According to the general rules, a fixed-term employment contract can only be extended by converting it into an employment contract drawn up for an indefinite period.

However, all rules have special cases. They are defined in articles 261, 348.4, 332 of the Labor Code of the Russian Federation.

The following reasons can be listed on which a fixed-term contract can be extended for a certain period:

When an employee is pregnant, when a fixed-term employment contract has been signed with her and she is about to go on maternity leave. If the expiration date of the employment agreement falls during this period, then this period is extended until the end of maternity leave. At the same time, the employer has the right to require the employee to provide a certificate confirming her pregnancy.
An extension of a fixed-term contract is provided for an employee engaged in the scientific field if he is re-elected to the same position as previously. However, the total term of these fixed-term contracts cannot exceed five years.
An extension of a fixed-term contract is provided for athletes when these employees, with their consent, are temporarily transferred to another employer. If the contract, which is concluded for a specific period before the completion of the translation, expires, it will be considered extended.

Attention! The situation may be that the term of a fixed-term contract expires, but the employee is still required to perform certain work.

Then there are two ways for the employer to extend it:

Before the expiration of the contract, it is necessary to draw up an additional agreement with the employee, which will amend the employment agreement according to the validity period of this agreement. This is provided for in Article 72 of the Labor Code of the Russian Federation, which also applies to fixed-term contracts. The main thing is to do it before the end of the initial contract period.
They wait until the initial fixed-term contract is terminated upon expiration, and after that a new employment contract with a certain validity period is drawn up.

Probation

The question often arises: is it possible to assign a probationary period during employment under the STD?
This depends on the duration and type of work activity during the person’s employment. Seasonal work activity.

When applying to an enterprise for a season, you can assign a trial period lasting more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

At the same time, when filling out the agreement, the text of the document requires reference to Art. 294 Labor Code of the Russian Federation.

Temporary work.

For temporary work up to 2 months, a probationary period cannot be established (Article 289 of the Labor Code of the Russian Federation).

Other work activities.

When filling out the STD for other jobs for a period of 2 to 6 months, the probationary period cannot be more than 2 weeks (Article 70 of the Labor Code of the Russian Federation).

Note. Art. 70 of the Labor Code of the Russian Federation regulates that a probationary period cannot be established:

Pregnant workers and employees with children under 1.5 years of age.
Persons elected as a result of a competition to fill a position.
For minors registered for work.
Those who have graduated from a special educational institution and are employed for the first time in their specialty for one year from the date of completion of their studies.
Invited to the enterprise by transfer from another company by agreement between the heads of the companies.
To other persons, in situations prescribed in the Labor Code of the Russian Federation, in collective agreements and in other legislative norms of the Russian Federation.
The probationary period cannot be more than 3 months, and for management personnel, Ch. accountants and other separate categories of persons - up to 6 months, unless otherwise provided by legislative acts of the Russian Federation.

Termination procedure

If the parties decide to terminate an existing fixed-term contract before the end of its period, then the usual termination procedure provided for open-ended contracts will apply.

If the initiative for dismissal comes from the employee, he must send notice two weeks before the expected date, and then terminate the employment agreement of his own free will.

However, labor law provisions provide an exception for the situation when a contract is concluded with an employee for a period of up to two months. In this case, the warning period is three days.

When the last working day arrives, the employee is given all the paychecks due to him, as well as certificates and a work book.

If the employee can agree on this issue, the working period may be shortened.

The company's management has the right to terminate the employment contract with the employee for the reasons listed in Art. 81 Labor Code of the Russian Federation:

Failure to comply with labor discipline.
Due to a reduction in position or staff.
Change of company management.
Due to the loss of confidence of the employee, who is the MOL.
Other reasons listed in the Labor Code of the Russian Federation.

Important! It should be remembered that, as with a regular employment contract, it is also necessary to comply with all procedures provided for by law.

In some situations, it may be necessary to draw up a notice of termination of a fixed-term employment contract with an employee.

Leave and compensation

An employed subordinate is allocated paid annual leave with the preservation of his position and salary according to general provisions (Article 114 of the Labor Code of the Russian Federation).
The duration of vacation is no less than 28 days per annual working period (Article 115 of the Labor Code of the Russian Federation).

If a temporary employee has not worked for a full year, the duration of the vacation is calculated in proportion to the period worked.

An employee has the right to go on leave for the initial year of employment after 6 months of working at the enterprise (Part 2 of Article 122 of the Labor Code of the Russian Federation). From here, we can conclude that a person hired for temporary work for up to 6 months does not have the right to paid leave. However, upon deduction due to termination of the STD, he has the right to compensation for accrued vacation days for the period of work in accordance with the Labor Code of the Russian Federation.

Payment for vacation days is calculated based on the average salary, calculated in the manner reflected in Art. 139 of the Labor Code of the Russian Federation, as well as the Instructions established by the Government of the Russian Federation in order No. 922 of December 24, 2007.

An employed person may be granted leave for family and other respectful situations at his own expense on the basis of a petition submitted in writing (Part 1 of Article 128 of the Labor Code of the Russian Federation).

Features of dismissal

In this case, we will analyze the algorithm for employers’ actions step by step.

Step 1

At least 3 calendar days before termination of the contract, notify the employee in writing of the termination of the employment relationship. Use the notification form.

Note that a warning does not have to be prepared for an employee who was hired to replace the main employee (Part 1 of Article 79 of the Labor Code of the Russian Federation).

Step 2

The document, prepared in duplicate, should be signed by the manager and the employee. The employee’s signature is required, otherwise in court he will be able to prove that he was not notified of the upcoming termination of the work contract.

Step 3

The HR officer only has to prepare a dismissal order, make appropriate entries in the work book, and prepare documents related to the employee’s activities for issuance. On the last working day, the employee takes all the papers, receives the final payment and leaves.

Entry in the work book when employed under a fixed-term employment contract

According to clause 4 of the Instructions for maintaining labor books, adopted by Government Decree No. 225 of April 16, 2003, the following data is recorded in the labor book:

About a working person.
About dismissal.
Data on awards for labor achievements.
Grounds for terminating an employment agreement.

Therefore, if an employee is employed under the STD for any period, it is required to write this down in the work book or open a new one if the employee does not have one. The employer is obliged to enter data into the work record book about hiring if the person has worked at the enterprise for more than 5 days and the work is his main one (clause 3 of Government Decree No. 225 of April 16, 2003).

At the same time, it is not necessary to indicate on the employment form that the person is registered for work under the STD. It is also not required to note that a subordinate, for example, is replacing an absent employee. It will be enough to write down, for example: “Enrolled in the position of engineer,” noting the entry number, the date of its entry, as well as the details of the order for employment (letter of the Federal Labor Standard No. 937-6-1 dated 04/06/2010).

Upon expulsion

Upon dismissal, the work book is issued to the subordinate on the day of completion of the STD (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

According to clause 5.2 of the Rules for maintaining work books, adopted by the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003, upon completion of the labor record book on the basis of Art. 77 of the Labor Code of the Russian Federation, data on deductions are recorded in the work book, with reference to the same article of the Labor Code.

Passed stage

So, the end date of the concluded contract expires. What are the possible ways? Extension? Completion? How to fire?

dismissal upon expiration of term. The employee is given a final payment and the work book is returned with the entry “on expiration of the term...”. Everything is as usual, if the company complied with the terms of the conclusion and had legal grounds for this;
extension of the employment contract - if a woman is pregnant or caring for a baby under 1.5 years old ;
dismissal of an employee under a fixed-term employment contract is possible by the employer’s decision, even when the contract has not expired. The employee is paid compensation and dismissal benefits within two months;
transfer to permanent employment (by agreement of the parties or an oversight by the personnel service);
early dismissal at the initiative of one of the parties - similar to generally accepted procedures;
re-registration. Judicial practice shows that repeated re-contracts violate the Law and the employee will have the right to appeal the next dismissal on these grounds with reinstatement at work.

Each person has the right to independently decide what is more important to him, stability or constant change of activities and impressions. But no matter what you choose, it is important to remember the “rules of the game” and to be protected by the law. We hope our article helped you better understand one of the issues of labor relations.

Extension of a fixed-term employment contract

STD can be extended. Here are some options for extending the STD.

Mandatory extension of STD.

The actual status of STD can certainly be continued only in one option - when the pregnancy of a subordinate is established. In this circumstance, the employer is obliged to continue the duration of the STD until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). At the same time, a pregnant employee is required to write a statement and provide a doctor’s certificate of pregnancy.

Extension by agreement of the parties.

In Part 4 of Art. 58 of the Labor Code notes the following. In the case where the parties to the STD, upon its completion, did not notify of its end and the employee continues to work, the STD loses its status as a fixed-term agreement and becomes an open-ended agreement.

The agreement status is changed automatically, so no application is required. Thus, after this, the subordinate who remains to work is subject to the labor law standards reflected in the open-ended employment agreement.

However, in this case, it is recommended to draw up an additional agreement to the employment contract (Rostrud letter No. 1904-6-1 dated November 20, 2006).

Next, an order from the boss is issued, which states that the employment agreement becomes indefinite. The basis for the order is an additional agreement.

How to correctly spell “urgency”

An employment contract must be concluded as a fixed-term one if it is not possible to define the relationship as having arisen for a long, indefinite period. The correct sample employment contract for a certain period must contain the following:

what was the reason for giving it urgent status at the time of conclusion (if such status is not specified, the court recognizes the agreement as indefinite);
validity period (maximum - 5 years, unless otherwise established by Federal Law, for example, on service in customs authorities). The moment the document expires is determined either by a specific calendar date or by the occurrence of an event. If at least one of the factors is not specified, the agreement will become permanent.

Distinctive features of an employee employment agreement

The main differences between a employment contract and an employment contract are as follows:

the employee who signed the employment agreement performs clearly regulated job duties, while the hired employee only performs certain ones and is not subject to the provisions of the internal regulations;
legally established relationships oblige the employee to submit to higher management, the parties to the employment contract are conditionally equal;
wages to an employee are paid by agreement of the acting parties. The employment relationship obliges the employer to pay remuneration twice a week or more often. What are the rules for calculating payroll tax - read the link;
a contract of employment provides for the performance of a specific task or work. An employee with a formalized employment relationship undertakes to perform the functions provided for by job obligations;
The “expiration” period of an employment contract is indicated only in rare cases, while hiring presupposes a clearly defined duration.

Strengths and weaknesses of the contract

Why is it beneficial for an employer to have an employee?

The employee is responsible for organizing the required conditions to complete the assigned task. The duration and place of execution are also chosen by the “mercenary”.
The manager is exempt from paying taxes to the Social Insurance Fund.
The employer does not comply with the guarantees provided for by the provisions of the Labor Code of the Russian Federation.
The manager is exempt from paying social insurance contributions.
Material remuneration is paid after completion of the work, and the amount is fixed at the stage of drawing up the relevant paper.

Disadvantages for a manager

The performer is not subject to internal regulations. There are no clear regulations for the work carried out, since the final result is important.
The result of the trial is the reclassification of the contract into an employment contract if the relationship between the employee and senior management is determined.
Illegal business activity threatens an employer who has signed an employment agreement with an individual.

Pros and cons for employers and employees

Let's consider what the benefits are for the employer:

he does not need to maintain a separate staffing position if the work has limited demand in accordance with the season or period of reporting or inspection.
Possibility of saving money from the payroll fund.
If he is not confident in the competence or integrity of the employee, the contract is freely terminated at the end of the term.

The disadvantages for him are:

preparation of more documents for the legal capacity of the document.
The need for adequate justification that taking office on a permanent basis is impossible.
In case of an error in the preparation of documentation, administrative liability may arise and penalties may be imposed.
An employee can challenge the legal capacity of a fixed-term contract, after which its validity is transformed on an indefinite basis.

If we are talking about an employee, then this form of activity, limited to a set period, can be beneficial:

when there is no permanent job, as a form of compromise. There is an option here to break in and switch to a permanent position.
In some cases, it allows you to make plans for a short period of time, which is beneficial for pensioners, disabled people, mothers of many children and other categories.
With high pay for seasonal work, it allows you to earn and save a significant amount of money for necessary purchases.

The disadvantages for temporarily employed citizens are as follows:

If it is not possible to extend the contract, then at the appointed time, they will again be left without work.
Often, temporary workers are not paid bonuses or other incentives.

All of the listed advantages and disadvantages form the motivation for concluding a fixed-term contract, or refusing temporary employment.

What is the difference?

A fixed-term employment contract from an employment contract, as a general rule, defines a single legal basis - a statement of the fact of employment of a person for a corresponding position in a specified organization, and essential provisions on the specifics of labor activity must be indicated here.

The only difference is the indication of the specific date of taking up the position and the date of dismissal in the fixed-term contract.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Indefinitely - only the start date of the activity is indicated . But such a difference, small at first glance, means a change in the status of the document.

In this case, an appropriate preliminary regulatory framework is formed, which justifies the reason for drawing up a temporary contract.

When replacing, instead of the date of dismissal, the reason is indicated - the departure of the main employee, without indicating the exact date . These norms are regulated by the provisions of Article 57 of the Labor Code of the Russian Federation.

Reasons why a temporary rental agreement is concluded

A mandatory procedure for concluding a document is required in cases where a temporary employee is hired (instead of a permanent one) for a certain period or when applying for seasonal work. And also when carrying out duties outside of Russia, to support the work of the election commission and when taking on internships.

By agreement of the parties, the document is drawn up when performing part-time activities, when training an employee full-time, and also if there are certain medical indications.

How to draw up an agreement?

This type of contract can be reclassified as an employment contract if it contains the following information:

Wages are clearly defined and paid twice every 30 days.
The performer has a workplace. For example, a desk and computer equipment in an office.
The daily routine is written down.
There are no deadlines for the implementation (termination) of the agreement.

Before drawing up an agreement, the employer must discuss all clauses of the contract with the contractor.

Temporary employment contract sample:

The document is kept by the contractor and the employer. Signed no later than three days after the employee begins performing his duties.

Differences between employment contracts for officially and unofficially employed workers

According to the legislative framework of the Russian Federation, an employment contract is drawn up and protected by the Labor Code, and an employment agreement by the Civil Code.

When an employee is officially employed

There are several features on the basis of which a formal employment contract :

This is a legally regulated labor relationship between a manager and an employee.
The amount of money that the contractor receives, the timing of vacations and the number of working hours are specified. The organization is responsible for delays in payments.
If a superior or a subordinate fails to comply with the terms of the contract, each, accordingly, is subject to administrative liability.
The employee performs only those duties that are specified in the document.
An employee has the right to refuse to perform a certain function if it is not part of his main duties.
The employee is subject to superior specialists and the internal regulations of the company.
The document may have no deadlines or be drawn up with a provision for extension.

Temporary employment contract without official employment

This is a document that does not regulate the relationship between an employee and his superiors.
Does not provide guarantees for the protection of rights under the Labor Code.
The internal regulations of the organization do not affect the temporary performer in any way.
The work must be completed within a clearly defined time frame.
The boss and the employee have equal legal rights.
Salary is based on mutual agreement.
The agreement has strict time limits.