What is the minimum period for which an employment contract can be concluded?

What is a fixed-term employment contract?

A fixed-term type of contract is a type of document regulating the relationship between an employer and his employee, concluded for a certain period of time in the absence of the possibility of registering a citizen on a permanent basis. Such an agreement, for example, can be drawn up when performing seasonal or non-volume work. It is worth noting that this type of employee registration is also used when providing vacancies in other countries.

As a rule, the document in question can be valid for more than 5 years. The minimum period is unlimited.

FAQ

Citizens are interested in the possibility of drawing up fixed-term employment agreements. Topical issues of termination of agreements at the initiative of the employer:

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Procedure for drawing up a fixed-term employment contract

The contents of a fixed-term and unlimited-term type of contract are not much different. The conditions for drawing up are the following:

1. Availability of full name and information about the legal name of the employer.
2. Employer's Taxpayer Identification Number.
3. Passport details of the future employee.
4. The date and place where the agreement is concluded.
5. Place of performance of duties.
6. Labor function.
7. Information about the representative of the employer who carries out registration of the person and is directly present when signing the relevant documents.
8. Terms of payment, as well as an indication of the date from which the employee officially becomes an employee of the company.
9. The mode of work, as well as the order of the onset of rest and its length.
10. Features of social insurance.
11. Information that describes the nature of the work, the presence of difficult working conditions due to which, wages are calculated at a special rate.

The above information is indicated in all cases of employee registration.

However, in case of an emergency there are several nuances:

1. The reason for hiring a temporary employee should be specified.
2. Validity. It can be a specific date, or it can also be determined by the occurrence of certain events, for example, the completion of the work for which the employee was hired. When writing this clause, you should always clarify the information on what determines the moment the document expires.
3. It is possible to establish a probationary period provided that the employee is hired for more than two months. The probationary period cannot exceed a period of two weeks, provided that the person will perform professional activities for 2 to 6 months. In other cases, the appointment of a trial stage is carried out, as with an indefinite type of employment.
4. When drawing up a document for hiring a person who will perform temporary work, you should indicate the type of activity and the expiration date of the contract. Temporary work cannot last more than two months, which should be taken into account.
5. The order is issued in form No. T-1 or T-1a. In this case, both cells “from” and “to” must be filled in. In the second cell, you should indicate the exact date or events that will lead to the employee's dismissal.
6. The work book is filled out in accordance with the accepted rules, and upon termination of the employment agreement, the following information is indicated: “Dismissed due to the expiration of the employment contract.”

The registration procedure determines that the exact reasons for hiring the employee and the time allotted for performing work duties should be indicated.

At the same time, it is worth noting that in some formulations the term of work is somewhat vague, since it is possible to indicate the reasons for which the agreement is terminated.

General information

A fixed-term contract is a mutual agreement between an employer and a hired worker, concluded for a certain time period. Such a document is drawn up if there are certain grounds.

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According to Article 57 of the Labor Code, the contract must necessarily describe the reason for the conclusion of the chosen method of labor relations between employees and employers. If it is absent, or if there is no clearly specified validity period in the contract, the agreement can be considered unlimited.

This means that in fact the employee was hired to perform work duties on a permanent and not temporary basis.

Reasons for conclusion:

• Employment of people with certain medical limitations or retirement age
• Operations in harsh climatic conditions
• The duration of the project is no more than 2 months
• Work in the field of entrepreneurship, where the number of employees is no more than 35 people
• Urgent work related to the prevention or elimination of disasters, natural or man-made accidents
• Employment of higher education students
• Work in the field of media, cinematography, theater or circus arts
• Activities in the legal field in terms provided for by legislative acts
• Employment in the maritime sector

The most common grounds for concluding a fixed-term employment contract were presented above. There are also other situational options in which the signing of such a document is legal and legally appropriate.

An important feature is the fact that the minimum term of a fixed-term employment contract is not limited by any legal act. The restrictions apply exclusively to the maximum contract term, which is 5 years. The optimal period of validity of the document is determined by the employer, taking into account the nature of the activity, working conditions, risk factors, professional capabilities of the hired specialist and other aspects.

A fixed-term employment contract is a temporary agreement between an employer and an employee, the maximum period is 5 years. After this period has expired, it may be extended.

When a fixed-term contract becomes indefinite

Under certain conditions, such a situation is possible.

The conditions for transition from a fixed-term to an open-ended type of contract include the following:

1. If a reason is identified that does not allow concluding a similar type of employment document. It is worth noting that in this case it becomes indefinite if such a violation is found during the inspection.
2. It did not specify a time limit for its validity. In some cases, an employer hires an employee without specifying the end of the employment relationship.
3. When specifying a period of more than 5 years, the contract immediately becomes indefinite.
4. If it was extended for a new term.
5. In case of violation of the conditions for hiring an employee for temporary work, when a violation was identified, which the employer went to in order to evade the need to provide the employee with the rights and guarantees provided for in accordance with adopted laws when working on a permanent basis.

The transformation of the form of employment from a fixed-term to an indefinite type occurs when creating an additional agreement , where it is indicated that the previously concluded agreement becomes indefinite.

What does STD mean and when is it compiled?

A fixed-term employment contract is an agreement concluded for a limited period, in case of impossibility of permanent work or by agreement of the parties. Reasons for drawing up the document:

• performing the duties of a temporarily absent specialist (maternity leave, vacation, sick leave);
• performing urgent work (up to 60 days) related to increasing production, reconstruction or expansion;
• accepting an applicant for seasonal activities;
• internship;
• the organization was created for a certain period;
• alternative service;
• if the employee is sent abroad.

These grounds are in Part 1 of Art. 59 of the Labor Code are designated as unconditional. Part 2 of Article 59 of the Labor Code of the Russian Federation provides the grounds that are taken into account when concluding a STD by agreement of the parties:

• an individual entrepreneur acts as an employer;
• the applicant is a pensioner, disabled person or student;
• when working part-time;
• to eliminate the consequences of emergencies or disasters;
• activity involves moving to the Far North.

If upon acceptance the grounds do not fall under those set out in Article 59 of the Labor Code of the Russian Federation, then an open-ended contract or contract is concluded.

Nuances of terminating a fixed-term employment contract

The procedure for terminating a rental agreement has the following nuances:

1. After the expiration of the time previously specified in the drawn up document, it is mandatory to terminate the agreement or its extension, noting the reasons for the decision.
2. According to the established rules, when making a decision to terminate a concluded agreement, the employee must be notified three days before the decision comes into force. The notification is drawn up in free form.
3. The notification contains the following information: full name, grounds for termination of the document and date, legal name of the organization.
4. It is possible to terminate the concluded agreement earlier than the established period. The termination procedure takes place according to the general rules.

When transforming the agreement into a permanent type, there is no need to dismiss the employee.

Guarantees for a temporary worker

Quite a large number of restrictions on the use of this type of hiring of employees are due to the differences in the guarantees that the employer provides to temporary and permanent employees.

The differences include the following nuances:

1. A temporary worker has the right to quit his job at any time and without giving reasons. According to the rules, he must notify the employer of leaving three days in advance, but in practice this does not happen, since not everyone knows about the rules of leaving.
2. If a problem arises due to production reasons, within one week the employer is obliged to pay severance pay, the amount of which should not be lower than the average weekly earnings. Provided that the reason for absenteeism was conscription, payment of two weeks' average earnings is provided.
3. Persons with a temporary type of registration are guaranteed payment of average earnings for the moment of forced absence, if its length does not exceed 3 months.
4. In case of illegal transfer to another position, a payment is made within the limits of average earnings or the difference, which is accrued at the time of performance of work with lower pay.

In conclusion, we note that if you need to hire a temporary employee, you can take advantage of the opportunity to draw up a civil contract, for example, a contract. This method of registering a new employee has a number of features and fewer restrictions. However, it is only suitable if a new employee needs to perform a clearly specified task and the employer will be able to assess the volume completed, the quality of fulfillment of labor obligations and record such data in the document being created.

This type of design also has certain risks for both parties that should be taken into account.