Fixed-term employment contract and entry in the work book

Temporary contract

Any labor relations between employees and employers must be recorded. Their presence is generally confirmed by the contract, as well as an entry in the employment contract - in case of a fixed-term employment contract or an open-ended one. If the execution of this document accompanies the establishment of a specific period during which the employee must perform his labor functions, then such a contract is considered urgent.

This definition includes:

• seasonal work;
• temporary work;
• implementation of reconstruction;
• commissioning works;
• activities of persons holding elected positions;
• civilian alternative service.

Derivatives contracts are usually concluded in the presence of one or more factors:

1. the need to replace a temporarily absent employee;
2. inability to provide a workplace for an indefinite period due to the nature of the duties performed.

Also see “How to register a replacement during sick leave.” and “We draw up a fixed-term employment contract for the duration of maternity leave.”

Please note: the maximum period for a fixed-term contract cannot exceed 5 years. Otherwise, the contract is classified as open-ended.

Also see “Standard employment contract: who, why and when can conclude it.”

Grounds for recording dismissal

The dismissal of a temporary worker is subject to the provisions of the contract, which expires on a specified date. It is not always established precisely: it may be associated with the occurrence of an event (the departure of the main employee).

Early dismissal of an employee in a temporary job is also acceptable. A closed list of grounds for the employer is listed in Article 81 of the Labor Code of the Russian Federation. If the employee himself wants to terminate the legal relationship ahead of schedule, he can do so without giving reasons.

The most common reasons for early termination of agreements are:

• mutual agreement;
• initiative of one of the parties;
• transfer to another place of work;
• refusal of further cooperation due to fundamental changes in working conditions, changes in management.

Such situations, in principle, do not affect entries in the work book. And the wording will correspond to the actual reason for termination of the contract.

Before filling out the work book, the employer draws up a dismissal order. The date in it coincides with the information entered into the document. If a person replacing the main employee was hired for the position, then the reason is stated “in connection with the resignation of I.P. Petrov.” Accordingly, the day of departure of the deputy is indicated as the previous one relative to the acceptance of the main employee.

About the intricacies of legislation

Is an entry made in the work book for a fixed-term employment contract? Do you need labor?

Since the information entered into the book when an employee joins an enterprise or individual entrepreneur is a document of particular importance , all entries are required to be entered into the Labor Code at the request of the employee.

If he works under an employment contract permanently - regardless of his desire. , strict requirements are imposed on the information entered .

However, the issue of a fixed-term employment contract is not entirely clear-cut and requires special consideration.

A fixed-term employment contract in the work book is characterized by the fact that the specialist’s place of work is provided for a fairly short period or a period not exceeding 5 years (Article 58 of the Labor Code of the Russian Federation).

Sometimes, in this way, the employer employs a deputy in the following position:

• who went on parental leave;
• left on a long business trip;
• improving qualifications.

Such an action is legal if the main employee is in a medical institution for a long-term examination or treatment.

The main property of this type of contract is the availability of information about when the main employee will return to his duties . These precisions allow for the establishment of periods during which the TD concluded by the parties will be considered valid.

Acceptance under a fixed-term employment contract is usually used when employing seasonal workers, subject to:

• the stipulated temporary period of work;
• lack of execution of the contract.

The terms of the contract are regulated by Article 59 of the Labor Code of the Russian Federation; it is mandatory to indicate the terms of employment, as well as the terms of termination of employment relations.

At the same time, the contract should explain the reason for determining the duration of its validity, for example, explaining that the nature of the work requires the temporary appointment of a specialist:

• to conduct an audit;
• monitoring;
• special training course, etc.

An order is issued based on the specified provisions of the agreement. The order is the reason and condition allowing the completion of the work book .

The book must be filled out provided that the employee is hired full-time and not part-time. For part-time workers, it is planned to fill out the TC only at their request.

Special cases

A fixed-term contract is often an external part-time contract, so no entry is made about this.
But if a subordinate expresses a desire to enter information, the employer does not have the right to refuse. The law allows contractors working part-time to indicate this if necessary. Then information is recorded that the owner is working under a fixed-term agreement. The registration procedure has a number of differences, since the TC is located at the main place of work, and it is prohibited to transfer it. Therefore, data on part-time work under a fixed-term contract is entered by the main employer using the documents provided.

Do I need a note in the work book for a fixed-term contract?

According to the legislation set out in the norms of Article 58 of the Labor Code of the Russian Federation, agreements on the labor activity of persons under a fixed-term contract are concluded for a period of no more than 5 years.

Article 59 of the Labor Code of the Russian Federation provides a list of situations when such conclusions are allowed.

In this case, the period of work may be limited to different durations. It can be less than two months for temporary or seasonal work.

Accordingly, it is not advisable to hire workers for such a period. However, according to the provisions of Article 65 of the Labor Code of the Russian Federation, an entry is made whenever the employee claims to make it.

If a person is hired as a deputy for a temporary vacancy, the period of his work may be quite long.

For example, absence from maternity leave and further leave to care for a child until the child is three years old can open up a vacancy for 3 or more years.

The same applies to university teachers and other specialists who are elected by competition for a 5-year term. In this case, keeping the book with the employer, with information about the position filled in, is extremely advisable.

Therefore, according to the regulations, the legality of making an entry is as follows:

1. for short-term employment relationships - up to three months, including when registering seasonal workers, the employment contract is issued at the request of its owner.
2. When replacing during maternity leave, in elective positions for a period of 4-5 years, the document must be submitted or issued at the place of work for first-time employed persons.

However, the employer is obliged to follow them in order to avoid violations of HR standards, focusing on the provisions of Article 66 of the Labor Code of the Russian Federation.

The specifics of the design are as follows:

• the entry into office is identical to that made in the case of permanent employment;
• the dismissal record differs in the grounds for termination of work;
• the remaining provisions are also unified and based on basic norms.

Termination procedure

Some business managers are greatly mistaken in believing that after termination of the contract, dismissal will be considered automatic. In reality, this is not the case: the agreement will acquire the status of an indefinite term if the employee and employer do not perform certain actions. The correct procedure for dismissal is as follows:

1. A written notice is sent to the employee with whom the fixed-term contract was concluded. It is compiled in free form and must be made in two copies. The document must indicate the exact date of termination of the business relationship.
2. The notice is endorsed by the head of the enterprise and must be registered with a serial number.
3. Three days before the date of termination of the agreement, notice is given to the employee. The employee must sign the copy that will remain with the company. The document is then attached to the subordinate’s personal file. The only exception would be circumstances when a person temporarily replaced an absent specialist. In such a situation, advance notice is not necessary.
4. A dismissal order is drawn up. It indicates the reason - in connection with the expiration of the contract (Article 77 of the Labor Code of the Russian Federation, part 1, paragraph 2). All supporting documents must be listed: contract, signed notice, application for payment from the employee. The order must be endorsed by the head of the company and registered.
5. The employee must be familiarized with the order (Article 841, Part 2 of the Labor Code of Russia), after which the document must be sent for storage.
6. Entering all specified information into the employee’s personal card.

After this, an order for the payment of funds due to the employee is sent to the accounting department. Then the employee’s work book is filled out, which will then be given to him.

Making an entry in the work book about employment under a fixed-term employment contract

An employment contract defining a specific period of validity can be concluded only in certain situations, for example, when the employment relationship with the given employee cannot be formalized for a permanent period.

The urgent nature of the contract must be stated in the content of the employment contract itself and, of course, in the acceptance order. This period may be set by specifying a specific date. If the exact date of termination of the contract is difficult to determine, then the period may be limited by some event (a temporarily absent employee returning from vacation, signing a certificate of completion of work or acceptance, etc.).

This condition should not be written down in the work book, since in the process of work, by agreement of the parties, the terms of this agreement may change, and more than once, or the agreement may become indefinite.

Therefore, the entry in the work book about employment under a fixed-term employment contract should not differ from the usual entry about any employment.

An entry in the work book about admission under a fixed-term employment contract should look like this:

Step-by-step instruction

The employee work book is filled out in accordance with the law and relevant instructions. If a subordinate does not have a completed document, it is the responsibility of the personnel employee to draw it up. Appropriate entries are made on the title page of the TC. Next, the official must:

• indicate the entry number;
• set the date for filling out the TC;
• indicate the name of the organization and information about the document owner’s employment;
• the last column must contain the details of the order on the basis of which the specialist was hired.

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.