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How to provide guarantees to both the employee and the employer: important about the procedure for concluding an employment contract. Terms and procedure for concluding an employment contract When an employment contract is concluded

10.05.2022

Labor contract is an agreement between an employer and an employee in writing. The Employment Agreement specifies the mutual rights and obligations of the employer and employee, respectively.

Thus, in accordance with the employment contract, the employee undertakes to properly perform work that corresponds to his qualifications, and the employer, in turn, undertakes to provide work to the employee, ensure normal working conditions, pay wages on time and in full.

The list of documents of the employee for execution of the employment contract

In order to hire an employee, you must request the following documents from the employee:

    citizen's passport;

    SNILS - PFR insurance certificate;

    education documents;

    military registration document, if the citizen is liable for military service;

    medical certificate.

In some cases, in order to hire an employee, it is necessary for him to have a medical certificate. A medical certificate is required in case of employment of a minor, as well as in the case of work in the food industry, in the field of public catering. So, for example, mandatory medical examination is provided for drivers, security guards, workers in contact with food products (cooks), medical personnel (doctors, nurses). In order to obtain a medical certificate, a hired employee must undergo a medical examination at a medical institution (center). After such an examination, the medical institution will issue a document that confirms the possibility of working in the field for which a medical certificate is required.

The employment contract must indicate (part 1 of article 57 of the Labor Code of the Russian Federation):

    surname, name, patronymic of the employee;

    name of the employer or surname, name, patronymic of the employer - natural person;

    information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority.

The authority may be provided for by the constituent documents of the employer (charter), a local regulatory act (for example, an order to empower an employee), an employment contract, job description or law;

    information about the documents proving the identity of the employee and the employer - an individual;

    taxpayer identification number;

    place and date of conclusion of the contract.

At the same time, the conditions that are included in the employment contract are divided into mandatory and additional.

Mandatory (essential) terms of the employment contract

All terms of the employment contract must comply with the requirements of the current labor legislation.

An employment contract with an employee hired must contain all mandatory (essential) working conditions. Thus, the following conditions are mandatory for inclusion in an employment contract:

1) place of work (i.e. the name of the employer) (paragraph 2, part 2, article 57 of the Labor Code of the Russian Federation).

2) position according to the staff list, profession, specialty, indicating qualifications. Also, the specific type of work assigned to the employee should be indicated here (paragraph 3, part 2, article 57 of the Labor Code of the Russian Federation).

3) date of commencement of work. If a fixed-term employment contract is concluded, then the duration of this contract and the circumstances (reasons) according to which this fixed-term employment contract is concluded are also indicated here (paragraph 4, part 2, article 57 of the Labor Code of the Russian Federation).

That is, it is indicated that the employee is involved in work under a fixed-term agreement for a certain period, indicating the date of dismissal. If, after the completion of a fixed-term employment contract, the employee continues to work, then such a fixed-term employment contract is reclassified into an open-ended employment contract. An employment contract in which the validity period is not specified is considered concluded for an indefinite period. In this case, it is considered that the employee is hired on a permanent basis (part 3 of article 58 of the Labor Code of the Russian Federation);

4) conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation);

5) working hours and hours (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation);

6) guarantees and compensations for work with harmful and (or) dangerous working conditions. In this case, the characteristics of working conditions at the workplace should be indicated (paragraph 7, part 2, article 57 of the Labor Code of the Russian Federation);

7) working conditions at the workplace (paragraph 9, part 2, article 57 of the Labor Code of the Russian Federation);

8) conditions that determine, if necessary, the nature of the work (for example, the nature of the work may be traveling or en route) (paragraph 8, part 2, article 57 of the Labor Code of the Russian Federation);

9) a condition on compulsory social insurance of an employee (paragraph 10, part 2, article 57 of the Labor Code of the Russian Federation);

10) other conditions in cases provided for by labor legislation (paragraph 11, part 2, article 57 of the Labor Code of the Russian Federation).

Additional terms of the employment contract

The employment contract can provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation. For example, it is additionally possible to provide conditions for a specific workplace (paragraph 2 of part 4 of article 57 of the Labor Code of the Russian Federation), on the payment of an increased severance pay (part 4 of article 178 of the Labor Code of the Russian Federation), non-disclosure of trade secrets (paragraph 4 of part 4 article 57 of the Labor Code of the Russian Federation) and other conditions.


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The employer undertakes to provide the employee with a workplace with appropriate working conditions, to pay for his work in the prescribed amount.

The employee, in accordance with the contract, undertakes to perform the labor functions prescribed by the document, to comply with the rules established in the organization (Article 56 of the Labor Code of the Russian Federation).

Between what persons can a TD be concluded?

In which cases?

The emergence of an employment relationship must be confirmed by the signing of the TD between the parties. When selecting an employee for an open vacancy, the employer sets certain requirements that the candidate must meet. If the applicant has the necessary skills, has passed the competitive selection, then this may serve as the basis for concluding an agreement.

Below is an algorithm for concluding contracts with employees and what is presented when applying for a job. As well as an approximate form and sample of an employment contract between an employer and an employee.

Important! If the employer refuses the candidate to conclude the contract for the reasons specified in Art. 64 of the Labor Code of the Russian Federation, the employee has the right to appeal such a decision in court.

Is it required for employment?

Some employers tell their employees who are not familiar with the norms and subtleties of the legislation of the Russian Federation that they are not required to conclude and sign an employment contract, but this is not so. To the question of whether it is necessary to conclude a contract when applying for a job, an unequivocal answer is contained in Art. 67 of the Labor Code of the Russian Federation, according to which TD is drawn up in writing, in two copies, one of which the employee, after being hired by the enterprise, must receive in his hands.

If the employee has begun to perform his labor functions by order of the employer, but the documents have not yet been signed, then the contract is considered concluded (Article 67 of the Labor Code of the Russian Federation).

If the head, when hiring a new employee, evades signing documents, does not issue a second copy of the contract, does not introduce the order for admission, then this can be regarded as a violation of the Labor Code of the Russian Federation.

  • passport;
  • work book;
  • SNILS;
  • documents from the military registration and enlistment office;
  • diploma of education;
  • a certificate of the presence or absence of a criminal record;
  • a certificate on whether the person was brought to administrative responsibility for the use of narcotic and psychotropic substances, not related to medical indications.

At the first employment, the work book and SNILS are drawn up by the employer.

According to Art. 65 of the Labor Code of the Russian Federation, an employer does not have the right to demand from an employee who is hired documents that are not provided for by this Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation (Article 65 of the Labor Code of the Russian Federation).

How to sign a contract with an employee?

Let us now consider in what form the contract should be concluded, whether any other than written form can be used. According to the law, a TD can only be concluded in writing (Article 67 of the Labor Code of the Russian Federation). The document is drawn up in two copies, one for each of the parties. The employee must receive his copy, signed by the employer, in his hands.

One of the items that should contain the contract concluded between the employee and the employer is the date of commencement of work (Article 57 of the Labor Code of the Russian Federation). It, as a rule, coincides with the date of conclusion of the TD. If the relationship is formalized on an indefinite basis, then only this date is present in the contract, and if the contract is signed for a certain period, then the date of its expiration will also be indicated in the TD, that is, for how long the contract is concluded.

If the document has not yet been signed, but the employee has already taken his workplace and started to perform his duties, then the contract is considered concluded.

We talked about how to draw up an employment contract in more detail.

What if the document is not completed?

Labor legislation defines only the written form of the conclusion of the TD (Article 67 of the Labor Code of the Russian Federation). If the document is not drawn up and signed by the parties, this is a violation of labor law, in which case the contract is considered not concluded.

An employee, faced with such a situation, must understand that a dispute with the employer may arise in the future, and in order to defend his rights, the employee will need to make a lot of efforts.

Important! An employee can defend his rights in the labor inspectorate, the prosecutor's office or in court.

Who signs and is it stamped?

The norms of labor legislation do not establish a certain order of who signs the document first - the employee or the employer. As a general rule, when a TD is concluded, the employee is the first to sign it, since the personnel department often handles the processing of employment documents.

Having received from the TD employee with his signature, the personnel department transfers it to the head for signature. Whether the seal is put on the part of the employer - this issue is resolved in each organization in its own way. The presence in the document of the seal of the organization is not mandatory (Articles 57, 67 of the Labor Code of the Russian Federation).

Terms of registration

It is important to know what is considered the moment when the TD starts: if the employee has actually already started work on behalf of the employer, then the TD is considered concluded with him, even if the document has not yet been properly executed (Article 67 of the Labor Code of the Russian Federation). With such an employee, the employer is obliged to issue a TD no later than three days from the date of actual admission to work.

The TD comes into force from the day it is signed by the parties or from the day the employee is actually admitted to work. with the knowledge or on behalf of the employer or his representative (Article 61 of the Labor Code of the Russian Federation).

How many copies of the contract should there be and how to get one of them?

According to Art. 67 of the Labor Code of the Russian Federation, the TD is concluded in writing in two copies, one of which is given to the employee. In this case, the receipt by the employee of a copy must be confirmed by the signature of the employee on a copy of the TD, subsequently stored by the employer. If the document has not been issued, then in order to obtain it, the employee can apply to his employer with a written statement in which he will state his request for the issuance of the document.

It is necessary to ensure that the application is accepted and registered as incoming correspondence. If the employer does not respond to the employee's application, a copy of such application will be required to resolve the issue in court.

What are the legal guarantees?

The Labor Code of the Russian Federation establishes guarantees for the conclusion of a TD. According to Art. 64 of the Labor Code of the Russian Federation:

  • the employer cannot refuse to conclude a TD without a justified reason;
  • it is forbidden to refuse to conclude a TD depending on race, nationality, language, place of residence, membership in public organizations;
  • it is forbidden to refuse to register an employment relationship with a woman because of her pregnancy or the presence of a child;
  • it is impossible to refuse employment to employees who were invited in writing and are transferred to work from another employer.

An employee who has been refused the conclusion of a TD has the right to require the employer to report the reason for the refusal in writing. From the moment the request is made, the employer has 7 days to provide a response.

Possible problems and solutions

If the employee refuses to sign

If the head of the organization wishes to formalize labor relations in accordance with the law, and the employee refuses to sign an employment contract, then the following actions must be taken:

  1. record the fact of refusal to sign the document (in writing, video, but only with consent);
  2. give the employee a copy of the order on his admission;
  3. familiarize with internal documents against signature;
  4. organize an internship.

If after the above actions the employee continues to refuse, then he cannot be accepted.

The employer does not issue a visa

If the employer does not sign employment documents, the employee should persistently ask him to do so orally or in writing, referring to Art. 67 of the Labor Code of the Russian Federation. In addition, you need to ask to familiarize yourself with the order for employment and make an appropriate note in the work book (Article 66, Article 68 of the Labor Code of the Russian Federation).

If no action has been taken by the organization, then it is necessary to start protecting your rights in the labor inspectorate or in court. To prove the fact of employment, the employee will need to provide evidence (work reports, certificates). In addition, you can prove the fact of work with the help of audio and video materials, as well as witnesses (Article 55 of the Code of Civil Procedure of the Russian Federation).

Do not hand over a copy

If an employee at a new place of work is not given a copy of the contract, then he can begin to demand a document in writing. If it is still not issued, then the next step will be to apply to the labor inspectorate with a statement about the violation of the norms of Art. 67 of the Labor Code of the Russian Federation. When filing a complaint with the Inspectorate, it will be necessary to provide a copy of the application to the head, where the request for issuing a copy of the contract to the employee is indicated.

Based on the appeal, the labor inspectorate organizes an inspection at the enterprise. If the violation of the law is confirmed and the employee is indeed not given a copy of the TD, then the employer of the enterprise will be issued an order to eliminate violations, and he may also be held administratively liable (Article 5.27 of the Code of Administrative Offenses).

Hiring an employee must comply with all legal requirements. To conclude with an employee a TD, drawn up in writing, is a direct obligation of any employer. In practice, employers often do not adhere to the rules, and many employees, not knowing how to resolve the issue, continue to fulfill their obligations without proper registration. Official employment cannot be formalized without signing between the parties of the TD and receiving one copy of the document by the employee himself.

In Russia, the mandatory procedure for concluding an employment contract when applying for a job is regulated. After all, it is the labor agreement that determines the legality of the labor relationship between the employee and the employer. Before concluding an employment contract, it is necessary to analyze all its provisions, agree on the expected working conditions and resolve disputes.

The whole process of conclusion for better understanding can be divided into several stages.

The initial stage of approval and familiarization

Important! It should be borne in mind that:

  • Each case is unique and individual.
  • Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

After choosing a candidate for the position, the employer requests the necessary documents from the future employee. The procedure for concluding an employment contract determines that a citizen may be required to:

  • passport;
  • diploma (certificate);
  • work book;
  • military ID;
  • TIN certificate;
  • health insurance policy;
  • state insurance certificate pension insurance;
  • recommendations.

Additionally, the employer has the right to request certificates of qualifications and practical work experience (knowledge), if necessary for the specifics of the future work.

In cases where the law imposes restrictions on the ability to hold a position for persons with a criminal record, a certificate of absence or cancellation of a criminal record is requested. The general rules for concluding an employment contract do not give the right to request such a certificate.

The candidate for the position has the right to get acquainted with the future working conditions, to make his wishes. If there is a mutual desire with the employer, to negotiate the terms of the employment contract, for example, part-time work. Familiarization of the employee with the employment contract should always take place before signing it!

The law does not establish specific terms for familiarization with the employment contract, but determines that the employee must familiarize himself with the internal rules and the necessary safety instructions before starting work. There is a deadline in the legislation for the execution of an employment agreement - three days from the start of work.

Attention: if the employer offers you to conclude a civil law contract along with an employment contract, we recommend that you familiarize yourself with this material!

The procedure and conditions for drawing up an employment contract

A key role in how to conclude an employment contract correctly is how to draw it up correctly. You should focus on regulating what you need to reflect the details of the parties. Prescribed:

  • passport data;
  • numbers of insurance certificates of the employee;
  • The item can be supplemented with information requested for a specific position;
  • The data of the employer (name, address) are entered in the same way.

Mandatory conditions

The procedure and conditions for concluding an employment contract have a number of mandatory elements that must be reflected in the text. Mandatory conditions of the employment contract under Art. 57 of the Labor Code of the Russian Federation:

  1. Determination of the place of work. It is necessary if an employee is hired in a branch or a separate subdivision.
  2. Labor tasks and functions. The purpose and type of labor activity for which the employee is hired are described.
  3. Work period. This item is entered in, that is, concluded for a specific period of time. Otherwise, the contract is considered unlimited. But it is allowed to reflect the date of commencement of work in the contract, if necessary, based on the specifics of the tasks set.
  4. Conditions and principles of wage calculation. The procedure for drawing up an employment contract includes informing the employee about the conditions for calculating wages for work. It can be a rate or a percentage based on completed tasks.
  5. The work schedule in the employment contract must always be indicated, unless it is stipulated in another regulatory act or there are deviations from the generally accepted mode of work in the company.
  6. The indication of compensation payments is included in the mandatory conditions for the execution of an employment contract if the employee is engaged in hazardous work.
  7. Conditions determining compulsory social insurance, as well as additional guarantees, in accordance with the Labor Code of the Russian Federation.

Essential conditions

In addition to these mandatory items, the essential terms of the employment contract may be indicated:

  • probation;
  • additional functions;
  • period of mandatory working off;
  • individual benefits;
  • conditions for keeping state or commercial secrets;
  • other.

Essential, but different from the standard, terms of the employment contract are agreed between the parties. Any subsequent change in the provisions takes place by mutual agreement or within the framework of Art. 74 of the Labor Code of the Russian Federation.

All of the above is on a detailed video about the conclusion of an employment contract:

Trial period

The inclusion of a probationary period in the conditions of admission to the position is allowed, but with a reservation. - the conclusion of an employment contract with a probationary period occurs immediately. After the fact, the indication of the test period is permissible only by mutual agreement.

There are a number of restrictions when it is impossible to hire a person with a probationary period:

  1. Upon admission through competition.
  2. If a pregnant woman or mother of a child up to a year and a half is taken.
  3. Probation is not applicable to minors.
  4. Young professionals - graduates during the first year after graduation.
  5. For persons holding elected office.
  6. When making a short-term employment contract - up to two months.
  7. When transferring from one position to another within the same company.
  8. In other cases, expressly stipulated by the legislation. For example, in relation to successful students ().

Additionally, it is allowed to indicate special conditions regarding the list of persons to whom the probationary period does not apply, the norms of the company's collective agreement. But only as part of an increase relative to the legislative list, and not a decrease. If during the test a discrepancy between the knowledge or qualifications of an employee necessary for the performance of work is revealed, then such an agreement may be terminated before the end of the test period. There is no severance pay for such an employee.

The procedure for concluding an employment contract (including a sample for 2020)

The procedure for concluding an employment contract can be summarized as follows:

  1. Get information about a candidate for a position.
  2. Familiarization of the employee with the basic working conditions in the company, including the wage system, work schedule, rest period and benefits provided, social guarantees.
  3. Reconcile disputes, if any.
  4. Familiarize the candidate with the work schedule and the necessary instructions for work.
  5. Draw up the text of the employment contract in 2 copies (Article 67 of the Labor Code of the Russian Federation).
  6. Sign an employment agreement.
  7. Give one copy to the employee who signs the employer's copy of receipt.
  8. Submit a job order.
  9. Familiarize the employee with the order against signature.
  10. Make an entry in your workbook. Upon admission to the first place of work, a book is given to an employee at this enterprise.

You can download a sample employment contract for 2020 for free.

An employment contract can be canceled due to the employee's failure to appear at the agreed time at the workplace. Absence must be due to valid reasons. It is impossible to cancel the contract if the employee did not appear for a good reason.

When You Can't Refuse

It is forbidden to refuse a candidate to draw up a contract, for reasons based on various manifestations of discrimination. This may be infringement of rights on the basis of:

  • race;
  • nationality;
  • religion;
  • gender;
  • having children;
  • family composition;
  • place of residence;
  • age;
  • social status and so on.

It is permissible to establish qualification restrictions caused by the need for special knowledge or experience. For example, the presence of a higher education for managers, or the presence of a special education, such as law, for a candidate for the position of legal adviser. The candidate has the right to request a written refusal, if he wants. The employer has no legal opportunity to refuse him this. An unreasonable refusal can be challenged by a citizen.

Stage after conclusion

For the current period, it is considered that the date of commencement of the employment contract is determined either by the date of its signing, or by the date of commencement of work, if the agreement was concluded later. The law provides a period of up to three days for the execution of the contract from the start of work. The start of work can be specified in the agreement, if there is none, then the start of work is set on the next business day after signing.

Notification of the Federal Migration Service on the conclusion of an employment contract

For situations where a foreigner is accepted for a position, a separate procedure is provided. It is necessary to send a notification to the FMS about the conclusion. The period when the notice of the conclusion of an employment contract in 2020 is submitted to the immigration service is 3 days from the date of employment.

It is additionally regulated that a separate one is submitted by the foreigner himself within 2 months after obtaining a patent and drawing up an employment contract - a copy of the employment agreement is sent.

It is necessary to submit a notice to the FMS for any foreigner accepted for a position, regardless of his status in the Russian Federation, as well as citizenship. You can study a sample of filling out a notice of conclusion of an employment contract from an employer using a sample form.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

In the practice of working with hired personnel, situations sometimes arise when the work of employees is needed not on an ongoing basis, but for some time. In this case, it is worth concluding a fixed-term employment contract with such employees. Unlike ordinary (termless), such contractual relations cannot last longer than the time specified by law.

Fixed-term contracts have their own nuances of conclusion, which should be observed by both parties in order to avoid misunderstandings, which will then have to be resolved in court. Let us analyze the grounds for formalizing such labor relations, their legal foundation, as well as the main points that employees and employers need to take into account.

Legislative justification for fixed-term contracts

The word "urgent" in the definition of this type of contract does not mean any additional speed of its execution, it does not come from "urgency", but from "term". This is how it is declared different from contracts that are concluded for an indefinite period.

In the usual form of employment contractual relations, the date of commencement of work is precisely known, and the time of separation and the reasons for dismissal cannot yet be determined.
But when the last condition is known to both parties, that is, both the employee and the employer know when they will terminate their cooperation agreement, it is advisable to formalize the relationship with a predetermined period - fixed-term employment contract.

The Labor Code of the Russian Federation calls an employment contract mandatory when formalizing the employee-employer relationship (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. The options when an employer gives an employee temporary employment are defined in Art. 59 of the Labor Code of the Russian Federation. Their determining factor is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an indefinite one.

NOTE! To conclude such an agreement, the will of the employer and even the consent of the employee is not enough; its execution must comply with the grounds given in the legislation. Otherwise, if you have to deal with the court, a fixed-term contract concluded on an illegitimate basis will be recognized as open-ended.

Attractiveness of fixed-term employment contracts

The party that benefits the most from a fixed-term rather than an open-ended contract is the employer. The reasons are obvious:

  • a temporary employee is more manageable;
  • "conscript" is easier to motivate, since the extension of cooperation with him directly depends on the leadership;
  • much easier to carry out the dismissal procedure;
  • the employee dismissed at the end of the term cannot challenge such dismissal;
  • in this way, you can get rid of any categories of employees, even the most socially protected.

For workers, as a rule, permanent employment is preferable, providing certain guarantees and confidence in their future. Domestic legislation and the International Labor Convention (ILO) adhere to the same position, seeking to minimize the number of workers employed on a temporary basis.

Features of a fixed-term employment contract

The determining factor in the choice in favor of the urgency of contractual relations is an important circumstance: a fixed-term employment contract is lawful only when, for objective reasons, it is impossible to conclude an open-ended one.

The reason for this must be indicated in the text of the contract.

The term of such an agreement cannot exceed 5 years. If the document does not specify specific terms or an event that terminates the contractual relationship, it will automatically be considered a contract with an indefinite period. Similarly, if more than five years is indicated.

Termination of a fixed-term contract must be indicated in the text. This is possible in two ways:

  • specifying a specific date when the contract will be terminated;
  • designation of the event, the occurrence of which terminates the fixed-term contract.

The approach of the final date does not mean an immediate cessation of work: the employee must be warned in writing about the upcoming dismissal in accordance with its expiration 3 days in advance. If this is not done, the dismissal can be challenged.

In the second case, advance notification is impossible, since the event that has occurred automatically terminates the fixed-term contract, as provided for by its terms. Most often, such an event is the entry to work of the main employee, instead of whom a temporary one was employed.

With whom you can conclude fixed-term employment contracts

Employers form such relationships with those employees whose nature of work does not make it possible to determine the duration of the working relationship, or, conversely, quite clearly indicates their end. Such categories of personnel include, for example, the following:

  • seasonal workers;
  • employees hired to perform a specific type of work by a specific date;
  • employees who were sent to work abroad or to another branch of the organization;
  • specialists hired from outside to perform work not provided for by the main activity of the organization;
  • teachers who can work in the relevant position only for the duration of the competition;
  • replacing an employee on long-term sick leave or maternity leave, etc.

Transfer to a fixed-term employment contract from an indefinite

As a rule, employees work on an indefinite contract. However, sometimes there is a need to transfer to a fixed-term contract. This can be done, but the procedure must comply with all the rules.

Reasons for transferring to a fixed-term employment contract

It is possible to transfer an employee to a fixed-term contract only if there are sufficient grounds for this. If there are no such grounds, the agreement will be considered indefinite. The employer cannot draw up fixed-term agreements with the aim of deviating from providing employees with rights and guarantees. Consider the reasons why the employer transfers:

  • An employee is assigned to the place of a temporarily absent employee. The latter retains the place of work.
  • The employee is sent to work abroad temporarily.
  • The work is connected with the temporary expansion of production.
  • The employee has a disability.

That is, the transfer to a fixed-term contract is relevant for those cases when the status of an employee changes. For example, he had health restrictions.

Is it legal to transfer to a fixed-term contract?

The issue of the legality of transferring an employee to a fixed-term agreement is extremely controversial. If the employer initially issued the employee under an open-ended contract, he must ensure that the terms of this agreement are met. That is, the worker receives the right to work for an unlimited time.

The contract can only be based on the points established by the Labor Code of the Russian Federation.

For this reason, the transfer of an employee from an indefinite to a fixed-term contract is not legal. The employer cannot, for the purpose of transferring, simply enter into an additional agreement. The employee, if desired, can easily challenge this document.

Another significant mistake is the execution of a new agreement at a time when the previous agreement continues to operate. According to the law, if two documents are valid for an employee, the act with the most favorable conditions will be valid. In this case, the most advantageous would be an open-ended contract, as it provides a larger list of rights.

IMPORTANT! Many employers believe that entering into a new agreement automatically cancels the old agreement. However, this is a wrong position. In order for only one act to be valid, the old act must be legally repealed.

How to legally transfer a person to a fixed-term contract?

The only legal way to transfer an employee to a fixed-term contract is to terminate the previous agreement and draw up a new one. However, you need to take into account all the disadvantages of this path:

  • The need to pay compensation for vacation that was not used.
  • The accrual of seniority for registration of leave begins anew. In order for an employee to be able to legally go on vacation, he needs to work for 6 months. For example, an employee under the first termless contract worked for 5 months. That is, after a month he can go on vacation. However, if the previous agreement is terminated, another contract is drawn up, the vacation will be legal only after 6 months.
  • You will have to draw up cadastral documentation for the employee as newly hired.

The legislation does not provide for a simplified procedure for dismissing an employee and hiring him again. These difficulties are related to preventing abuse.

The procedure for drawing up a new employment contract

Consider the legal procedure for transferring an employee to a fixed-term contract by drawing up a new agreement:

  1. The employer conducts a conversation with the employee and offers him new working conditions. Explains the translation scheme.
  2. The employee leaves at his own request or by agreement of the parties.
  3. A new employment contract with a limited duration is immediately drawn up. The manager issues an order to hire a person.
  4. Relevant information is entered in the work book.

This method of translation is more complicated, but it is legal.

Legitimate reasons for urgency

The law provides for two legitimate reasons for concluding a fixed-term rather than an open-ended employment contract:

  1. Relationships are concluded strictly for a certain period, based on the nature of the upcoming work and related circumstances.
  2. The urgency of labor relations is determined by the agreement of the parties in cases where this does not contradict the current legislation.

The labor legislation of the Russian Federation (part 1 of article 59 of the Labor Code of the Russian Federation) allows to conclude fixed-term contracts arising from the nature of the work, in the following circumstances:

  • for a time when, for objective reasons, there is no full-time employee at his workplace, the workplace for which must be retained by law;
  • the upcoming work will not take more than 2 months;
  • to ensure seasonal work;
  • with foreign forms of work;
  • performance of actions necessary for the company, but not related to its main activity (for example, installation work, repair, reconstruction, etc.);
  • work related to a limited (usually up to a year) time, such as expansion of activities, capacity, volume, etc.;
  • the company is specially created for a short existence, providing for a limited time to perform a specific job;
  • work related to vocational training, internships for employees;
  • election for a certain period to a working elected body;
  • referral to public works;
  • additional cases stipulated by the Federal legislation (existing and possible to be adopted in the future).

Fixed-term employment contract on agreement of the parties can be concluded only on a limited list of grounds:

  • the employer is a representative of a small business;
  • the worker is a pensioner;
  • a medical employee is allowed only temporary employment;
  • work in the Far North and other equivalent territories;
  • when elected by competition to fill a vacant position;
  • urgent work aimed at preventing and/or eliminating the consequences of emergency situations;
  • with management, deputies and chief accountants of organizations;
  • with creative workers (in accordance with the list of similar positions);
  • with pupils or full-time students;
  • with partners;
  • with those working on watercraft registered in the Russian International Register of Vessels;
  • other grounds corresponding to federal laws (current and future).

Employer, remember:

  • it is impossible to conclude a fixed-term employment contract on grounds not specified in Art. 59 of the Labor Code of the Russian Federation;
  • when dismissing an employee after the expiration of a fixed-term contract, do not forget to notify him in writing 3 days in advance;
  • did not warn about the dismissal - the contract will become indefinite.

Worker, take note:

  • when applying for an urgent (temporary) job, pay attention to the condition of the end of work (a specific date or event);
  • if it is provided for by law, you can demand an extension of a fixed-term contract (for example, during pregnancy);
  • if your rights as a “conscript” are violated, the court will reinstate you at work, force the employer to pay, and possibly moral damage.