ST 59 of the Labor Code of the Russian Federation.
Urgent labor contract is:
for the period of performance of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, the employment contract retains the place of work;
for the duration of temporary (up to two months) works;
to perform seasonal work, when due to natural conditions work can be done only during a certain period (season);
with persons sent to work abroad;
for work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with persons entering work in organizations created on a deliberate basis certain period or to perform a predetermined job;
with persons hired to perform a known work in cases where its completion cannot be determined by a specific date;
to perform work directly related to the practice, vocational training or optional vocational education in the form of an internship;
in cases of election for a certain period to an elected body or to an elective position for a paid job, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;
with persons sent by the bodies of the employment service to work of a temporary nature and public Works;
with citizens sent to undergo an alternative civil service;
By agreement of the parties, a fixed-term employment contract may be concluded:
with persons coming to work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail and consumer services- 20 people);
with pensioners entering work by age, as well as with persons who, for health reasons, in accordance with medical opinion issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, only temporary work is allowed;
with persons entering work in organizations located in the regions of the Far North and areas equivalent to them, if this is associated with moving to the place of work;
to carry out urgent work to prevent catastrophes, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
with persons elected by competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;
with creative media workers mass media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite regulatory commissions social and labor relations;
with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;
with persons receiving full-time education;
with crew members sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;
with persons entering a part-time job;
in other cases provided for by this Code or other federal laws.
Commentary on Art. 59 of the Labor Code of the Russian Federation
1. The fixed-term nature of an employment contract is determined by three groups of circumstances: 1) the conclusion of a fixed-term contract is mandatory by virtue of a direct indication of the law; 2) the urgent nature of the contract is dictated by circumstances of an objective nature, the presence of which excludes the possibility of concluding an employment contract for an indefinite period; 3) a contract for a definite period may be concluded on the initiative of one of the parties or on their joint initiative.
The list of grounds that determine the need or possibility of concluding a fixed-term employment contract is open. But given that it is supplemented exclusively by the state, and at a level not lower than the federal law, in this sense the list is closed, it cannot be expanded in the manner of collective agreement or individual agreement regulation. In other words, no one except the state, and at the level of federal law, has the right to recognize this or that circumstance as a good reason for concluding a fixed-term employment contract.
2. All grounds for concluding a fixed-term employment contract can be combined into three groups, determined by: 1) personality characteristics ( legal status) employee or employer; 2) limited time due to certain circumstances labor activity for which the employee is involved; 3) the place of employment of the employee.
3. Part 1 of the commented article contains a list of circumstances under which a fixed-term employment contract must be concluded. In other words, the conclusion of a fixed-term employment contract is determined not by the discretion (initiative) of the parties, but by the presence of objective circumstances that do not depend on their will.
This provision of the law raises at least two problems.
The first one boils down to the question of what consequences the absence in the text of the employment contract as a written document of an indication of the urgent nature of the employment contract can lead to. If we approach this problem formally, then the employment contract should be considered concluded for an indefinite period (). However, it must be taken into account that in the case under consideration, the employment contract is by its nature urgent and, therefore, cannot exist after the expiration of the circumstance that led to its conclusion. It appears that in this case one should proceed from the agreement of the parties regarding the urgent nature of the employment contract, even if this agreement was not reached directly, but indirectly, in the form of silence. Accordingly, at the end of the circumstances that served as the basis for concluding a fixed-term employment contract, the latter is subject to termination in the manner prescribed by Art. 79 of the Labor Code of the Russian Federation.
The second problem comes down to determining the period for which an employment contract is concluded in the presence of the circumstance specified in part 1 of the commented article. As noted, the legislator, when formulating a list of such circumstances, proceeds from the fact that they objectively dictate the urgent nature of the employment contract, regardless of the will of its parties. Accordingly, the term of the employment contract is determined objectively and is limited by the time of existence of a particular circumstance. In other words, when concluding a fixed-term employment contract in accordance with part 1 of the commented article, the contract must be concluded according to general rule for the entire period of existence of the circumstance that objectively caused the conclusion of a fixed-term employment contract, but not more than for the deadline established by law. For a period of lesser duration than the effect of the specified circumstance, the contract can be concluded only at the motivated request of the employee.
4. Part 2 of the commented article formulates a circle of circumstances under which a fixed-term employment contract may be concluded by agreement of the parties. This wording of the legislator means that a fixed-term employment contract is concluded only if there is the will of the parties. In this case, the parties have the right to conclude an agreement both for an indefinite and for a fixed period. In the latter case, any period of validity of the employment contract may be established within the maximum period established by law. The text of the employment contract should indicate the type of employment contract; the reason for the conclusion of a fixed-term employment contract; its validity period (indicating a specific date or circumstances, the occurrence of which determines the termination of the employment contract). Failure to comply with these requirements is fraught in the event of a dispute with the recognition of an employment contract concluded for an indefinite period.
In this regard, the Supreme Court of the Russian Federation reasonably indicates that in accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation in the cases provided for in part 2 of the commented article, a fixed-term employment contract may be concluded without taking into account the nature of the work to be done and the conditions for its implementation. At the same time, it must be borne in mind that such an agreement can be recognized as lawful if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. Accordingly, if the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 "On the application courts of the Russian Federation of the Labor Code of the Russian Federation").
Labor Code of the Russian Federation:
Article 59 of the Labor Code of the Russian Federation. Fixed-term employment contract
If a fixed-term employment contract was concluded for the performance of certain work in cases where its completion cannot be determined by a specific date (paragraph eight of part one of Article 59 of the Labor Code of the Russian Federation), such an agreement, by virtue of part two of Article 79 of the Code, is terminated upon completion of this work.
The consequences of the repeated conclusion of fixed-term employment contracts
When establishing during the trial the fact of the repeated conclusion of fixed-term employment contracts for a short period to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period.
Positions of the Constitutional Court of the Russian Federation on a fixed-term employment contract
Paragraph 6 of Part 2 of Art. 59 of the Labor Code of the Russian Federation on the conclusion of a fixed-term employment contract with persons elected by competition does not contradict the Constitution
Paragraph six of the second part of Article 59 of the Labor Code of the Russian Federation, providing for the possibility of concluding a fixed-term employment contract with persons elected by competition for the corresponding position by agreement of the parties, provides the parties to the employment contract with freedom of choice in determining its type.
This normative provision, in conjunction with the first and second parts of Article 332 of the said Code (as in the wording before the entry into force federal law dated December 22, 2014 N 443-FZ, and in the current edition) is aimed at taking into account the peculiarities of the labor activity of persons elected by competition, and does not imply arbitrary establishment of the term of an employment contract with certain categories teaching staff.
Such legal regulation applies equally to all teaching staff belonging to the teaching staff, and cannot be regarded as violating the rights of the applicant (determination of the Constitutional Court of the Russian Federation of 06.23.2015 N 1240-O)
Paragraph 3 of Part 2 of Art. 59 of the Labor Code of the Russian Federation on the conclusion of a fixed-term agreement with pensioners does not contradict the Constitution
As the Constitutional Court of the Russian Federation pointed out in Ruling No. 378-O-P of May 15, 2007, the normative provision of the third paragraph of the second part of Article 59 of the Labor Code of the Russian Federation, providing that a fixed-term employment contract with old-age pensioners can be concluded by agreement of the parties, provides the parties with a labor of the contract freedom of choice in determining its type: by mutual agreement, the contract can be concluded both for a fixed and for an indefinite period.
Since a fixed-term employment contract is concluded on the basis of the voluntary consent of the employee and the employer, in the case when the consent to the conclusion of the contract was given by the employee involuntarily, he has the right to challenge the legality of concluding a fixed-term employment contract with him in court general jurisdiction. If the court, on the basis of an examination and assessment of all the actual circumstances of the case, establishes that the consent of the employee to conclude such an agreement is not voluntary, the court applies the rules of the agreement concluded for an indefinite period.
Thus, the contested provision cannot be considered as violating the applicant's rights (Ruling of the Constitutional Court of the Russian Federation of December 24, 2013 N 1911-O).
Employment contract with a pensioner, forced consent
Checking the provisions of Article 59 of the Labor Code of the Russian Federation for their compliance with the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation in the ruling of the Constitutional Court of the Russian Federation of May 15, 2007 N 378-O-P expressed a number of the following legal positions:
The employer does not have the right to reissue an employment contract already concluded with a pensioner (for an indefinite period) for a fixed-term employment contract
The conclusion of a fixed-term employment contract with pensioners by age may take place without taking into account the nature of the work to be done or the conditions for its implementation. At the same time, the establishment of labor relations for a certain period without taking into account the nature of the work and the conditions for its implementation is allowed only with those pensioners who go to work. The law does not give the employer the right to reissue an employment contract concluded with an employee for an indefinite period, to a fixed-term employment contract (as well as to terminate the employment contract) in connection with the achievement of retirement age by this employee and the assignment of a pension to him.
Retirement age is not a sufficient basis for concluding a fixed-term employment contract. A pensioner is a citizen who has been assigned a pension!
The applicant, substantiating his position on the inconsistency of the contested provision of Article 59 of the Labor Code of the Russian Federation with the Constitution of the Russian Federation, in particular, the requirements arising from its Articles 19 (parts 1 and 2) and 55, proceeds from the fact that this legal provision provides the employer with the opportunity to conclude an urgent employment contract solely because of reaching retirement age. Meanwhile, according to its meaning, the retirement age of a citizen as such is not a sufficient basis for concluding an employment contract with him for a certain period. Old-age pensioners include only those persons who have reached retirement age, who, in accordance with pension legislation, have been assigned an old-age (old-age) pension. A citizen who has reached the age required for granting a pension, but who has not acquired the right to it, or whose pension has not been assigned due to other circumstances, cannot be considered a pensioner and, therefore, is not among the persons with whom a fixed-term employment contract can be concluded on the basis of paragraph three of part two of Article 59 of the Labor Code of the Russian Federation.
The conclusion of a fixed-term employment contract with a pensioner does not limit the freedom of work
The normative provision of the third paragraph of the second part of Article 59 of the Labor Code of the Russian Federation, which allows the conclusion of a fixed-term employment contract with pensioners by age in the absence of objective reasons requiring the establishment of labor relations for a certain period, does not limit, contrary to the applicant's assertion, freedom of labor, their right to freely dispose of their abilities to work, choose the type of activity and profession, enshrined in Article 37 (part 1) of the Constitution of the Russian Federation. Providing that a fixed-term employment contract with old-age pensioners can be concluded by agreement of the parties, it provides the parties to the employment contract with freedom of choice in determining its type: by mutual agreement, the contract can be concluded both for a fixed and for an indefinite period.
The forced consent of the employee to conclude a fixed-term contract is the basis for recognizing the contract as concluded for an indefinite period
Since a fixed-term employment contract is concluded by agreement of the parties, i.e. on the basis of the voluntary consent of the employee and the employer, in the case when the consent to the conclusion of the contract was given by the employee involuntarily, he has the right to challenge the legality of concluding a fixed-term employment contract with him in a court of general jurisdiction. If the court, on the basis of an examination and assessment of all the actual circumstances of the case, establishes that the consent of the employee to conclude such an agreement is not voluntary, the court applies the rules of the agreement concluded for an indefinite period.
The fact of the repeated conclusion of fixed-term employment contracts is the basis for the recognition by the court of an employment contract concluded for an indefinite period
When establishing in the course of the trial the fact of the repeated conclusion of fixed-term employment contracts for a short period for the performance of the same labor function the court has the right, taking into account the circumstances of a particular case, to recognize an employment contract concluded for an indefinite period (paragraphs 13 and 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). The court of general jurisdiction considering such a labor dispute must also verify that the employer complies with the prohibition established by part six of Article 58 of the Labor Code of the Russian Federation on concluding fixed-term employment contracts in order to evade granting the rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.
Thus, the normative provision of the third paragraph of the second part of Article 59 of the Labor Code of the Russian Federation cannot be regarded as violating the equality of citizens in exercising their right to work and, therefore, there are no grounds for accepting the request of the Amur City Court of the Khabarovsk Territory for consideration.
The first one boils down to the question of what could be the consequences of the fact that in the text of the employment contract as a written document there is no indication of the urgent nature of the employment contract. If we approach this problem strictly formally, then we should come to the conclusion that in this case the employment contract should be considered concluded for an indefinite period (part 3 of article 58 of the Labor Code of the Russian Federation). However, it cannot be ignored that in the case under consideration, the employment contract is by its nature urgent and, therefore, cannot exist after the expiration of the circumstance that led to the conclusion of the contract. It seems that in this case, one should proceed from the agreement of the parties regarding the urgent nature of the employment contract, even if this agreement was not reached directly, but indirectly, in the form of default.
Article 59. Fixed-term employment contract
If the employee does not have the necessary conditions in order to assign a pension, even if the employee has reached retirement age, an employment contract is concluded with such employee on general terms.
Old-age pensioners also include persons who have been granted a pension on preferential terms (due to harmful and difficult working conditions).
Thus, one of the parties to the employment contract is a person who has acquired the status of a pensioner, i.e.
has reached retirement age and is entitled to an old-age pension. Part 2 of this rule applies to persons who, for health reasons, are allowed to work on a temporary basis.
Attention
The state of health and the duration of work must be established by a medical report (for example, institutions of medical and social expertise, clinical expert commissions).
Article 59 of the Labor Code of the Russian Federation. fixed-term employment contract
Thus, the presence of the initiative of the party (parties) of the employment contract was considered, along with the presence of a basis (reason) and an indication of the duration of the contract prerequisite to conclude a fixed-term employment contract.
Info
However, in practice, such an indication was not always possible to implement.
Firstly, there are cases when the conclusion of a fixed-term contract is mandatory by virtue of a direct indication of the law.
Secondly, the urgent nature of the contract in a number of cases is dictated by circumstances of an objective nature, the presence of which simply excludes the possibility of concluding an employment contract for an indefinite period.
Article 59, as currently amended, takes this into account.
Accordingly, the entire list of reasons that may serve as grounds for concluding a fixed-term employment contract is divided into two parts.
An error occurred.
the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations; with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership; with persons receiving full-time education; with crew members of seagoing vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Vessels; with persons entering a part-time job; in other cases provided for by this Code or other federal laws.
Commentary on Article 59 of the Labor Code of the Russian Federation As mentioned above, the employment contract must also indicate the circumstances (reasons) that served as the basis for its conclusion.
Comments to Article 59 of the Labor Code of the Russian Federation
The term of the employment contract is stipulated by the agreement of the parties and cannot exceed that specified in the medical report.
A fixed-term employment contract is concluded with persons entering work in organizations (enterprises) located in the regions of the Far North and equivalent areas.
However, such an agreement can only be concluded with those persons who have moved to their place of work from other regions of Russia.
The list of regions of the Far North and areas equated to them was approved by the Decree of the Council of Ministers of the USSR of November 10, 1967 No. 1029 (as amended by
dated 01/03/1983). It should be borne in mind that with local residents, those who permanently reside in the regions of the Far North and equivalent areas, a fixed-term employment contract can be concluded only on the general grounds provided for in Article 58 of the Labor Code.
Article 59 of the Labor Code of the Russian Federation. fixed-term employment contract (current version)
This, in turn, implies the existence of an appropriate list of grounds, and, as one might assume, the list is very extensive. To some extent this task and is intended to solve Art. 59 of the Labor Code of the Russian Federation. So, the conclusion of a fixed-term employment contract is due to the presence of the grounds established in federal law.
It follows that one written request of the employee to conclude an agreement with him for a certain period, as is sometimes the case in practice, is not enough.
It is necessary that this request of the employee be justified by the reason specified in the federal law.
Your own lawyer
A fixed-term employment contract is concluded with persons hired to perform a known work in cases where its performance (completion) cannot be determined by a specific date, which must indicate that it is concluded for the duration of a specific job (for example, drawing up a report , organization and conduct of elections, etc.).
The basis for termination of such an employment contract will be the end (completion) of the specified work.
A fixed-term employment contract is concluded for the performance of work directly related to the internship and vocational training of the employee.
The term of the contract in such cases is determined by the term of the internship or the term of vocational training.
There are no internship terms in the legislation, they are determined by agreement of the parties to the contract based on the specialty in which the internship takes place and the level of knowledge of the trainees.
The first group of reasons objectively determines the urgent nature of the employment contract, regardless of the discretion of the parties.
This conclusion is confirmed by the very wording of Part 1 of Art.
59 of the Labor Code, according to which "a fixed-term employment contract is concluded ...". If there are reasons related to the second group, an employment contract may be concluded by agreement of the parties. In general, the list of grounds that determine the need or possibility of concluding a fixed-term employment contract has two features. On the one hand, in the wording of Art. 59 it is open. On the other hand, the list is supplemented exclusively by the state, and at a level not lower than the federal law.
In this sense, the list is closed, since it cannot be supplemented in the manner of either collective contractual or individual contractual regulation.
Paragraph 2 of Part 1 of Article 59 of the Labor Code of the Russian Federation
Fixed-term employment contracts are concluded with employees recruited to work in diplomatic missions and consular offices of the Russian Federation, as well as with employees sent to representative offices federal bodies executive power and public institutions RF abroad.
For example, an employment contract is concluded with employees of diplomatic missions and consular offices for a period of up to three years.
The term of an employment contract with employees of representative offices of federal executive bodies and state institutions abroad is determined by agreement of the parties on the basis of protocols concluded by the relevant bodies and institutions with the Russian Foreign Ministry.
Paragraph 2 part 1 article 59 nr rf
Federal Law of 02.07.2013 N 185-FZ) (see the text in the previous edition) in cases of election for a certain period to an elected body or to an elective position for paid work, as well as admission to work related to the direct support of the activities of members of the elected bodies or officials in public authorities and local governments, in political parties and other public associations; with persons sent by the bodies of the employment service to work of a temporary nature and public works; with citizens sent for alternative civilian service; in other cases provided for by this Code or other federal laws.
Paragraph 2 part 1 article 59 of the Labor Code of the Russian Federation
A fixed-term employment contract is concluded with persons elected for a certain period to an elected body or to an elective position for paid work.
For example, for the position of dean of the faculty or head of the department of higher educational institution. A fixed-term employment contract is also concluded when applying for a job related to the direct support of the activities of members of elected bodies or officials in state authorities, local governments, as well as in political parties and other public associations.
An employee who is hired by the head of the enterprise for a certain period is a temporary worker. With such a subordinate, an employment contract is always signed only for a fixed period. AT this document in without fail the period of its validity is prescribed. Otherwise, the contract is considered indefinite, and the temporary employee is a permanent employee. The latter, in turn, is entitled to a monthly wages and compensation for unused period vacation upon dismissal.
What you need to know
Most citizens carry out their official activities at enterprises and institutions of our state. Almost all of them work under an employment contract, which is concluded on However, the situations are different. Sometimes the head of the enterprise is forced to look for a replacement for a permanent employee who has gone on sick leave or is on vacation. In this case, the organization often accepts a temporary worker who performs the duties of an absent subordinate. After the departure of a permanent employee, a person working under a fixed-term contract is subject to dismissal.
Important
The head of the organization should always remember that it is not possible to sign a fixed-term employment contract with all citizens. Article 59 of the Labor Code of the Russian Federation contains a list of persons with whom it is not prohibited to formalize service relations even for a certain period of time. These include the following:
People who are sent to work abroad;
Persons entering to carry out labor activities in organizations created only for a certain period;
Citizens accepted to perform certain work, the end date of which is not known in advance (for example, the construction of a private house);
People who were sent from the labor exchange to public works;
Persons sent to the civil service.
In addition, in cases prescribed by law, it is possible to register an employee for work under a fixed-term employment contract. Article 59 of the Labor Code of the Russian Federation provides for the following of them:
A citizen is taken to the place of a temporarily absent employee;
If you need to perform work, the deadline for which is not more than 2 months;
Implementation of an internship;
To carry out work that goes beyond the scope of the organization's activities (for example, the reconstruction of a building);
For the period of seasonal work (performance of the duties of a cloakroom attendant).
A small characteristic
So, a temporary worker is the person who is hired for a certain position at the enterprise for the period established by the contract. Therefore, such an employee knows in advance that he will not be able to work permanently in this organization. After all, the date of its completion official duties pre-fixed in the employment contract.
Reception
Before you take on temporary work new person, the head of the enterprise must make sure that he does not violate the norms of labor legislation by his actions. That is the order. If the latter hires an employee to carry out seasonal work (for example, a gardener on summer period time or a cloakroom attendant at a polyclinic), then he has every right to sign a fixed-term employment contract with him.
In addition, the reception of temporary workers is no different from the employment of those citizens who will serve in the organization on a permanent basis. Indeed, in cases specified by law, employees hired for a certain period must provide the employer with all Required documents(for example, a diploma, a certificate of no criminal record, etc.).
Nuances
If the head of the enterprise hired an employee for a period of up to two months, then he needs to know about all existing features such work activity. In this case, there should be no trial period. After all, a person is already a temporary worker. The Labor Code of the Russian Federation also warns managers that if such an employee is involved to work on a weekend or holiday, the latter is entitled only to material remuneration for his work. He is not entitled to an additional day of rest.
Completion of work and settlement
In practice, the head of the company often faces a number of difficulties when dismissing temporary worker. And in most cases it seriously violates labor law. After all, not every employer remembers that before dismissing an employee who was hired for a position for a certain period of time, the latter must be notified of this in three calendar days before the date of termination of the fixed-term contract.
Therefore, many subordinates often file complaints with the prosecutor's office and the labor inspectorate. To prevent this from happening, the employer must follow the norms of the current law even when dismissing an employee who temporarily performed the duties entrusted to him.
Therefore, on the last day of the employee's labor activity, the personnel specialist must prepare the appropriate order and all other documents related to the work of the latter. AT certain cases the employee immediately asks for a certificate of his latest income. This document is required for registration with the employment service.
On the last day of the work of a subordinate, the employer must pay him in full. This means that the latter must transfer the salary and additional remuneration for the vacation not used by the temporary worker.
Translation
When carrying out official activities, it often happens that one of the employees goes on vacation or sick leave, and another person begins to perform his duties. But in this case, the latter has the right to receive additional income. After all, he will perform not only his duties, but also work for another employee. But how is this done in practice?
The manager can offer the employee a transfer to temporary position while maintaining his average income or the salary of the employee whose duties he will perform. As a rule, the latter always agrees. The transfer of an employee is formalized by an appropriate order.
Also in this case, it is possible to combine two positions. Then the employee will perform his duties and the absent employee at the same time. This must be confirmed by an order and an additional agreement.
Enrollment in labor
So, as it was already written earlier, a temporary employee is hired only for the period established by the contract. But what will be written in it work book in this case? Here, in fact, everything is quite simple.
First, the head of the enterprise signs an employment contract with the employee, which fixes the date of completion of the latter's official activities. Then the personnel specialist prints the order and makes an entry in the temporary worker's work book. In this case, you can not immediately indicate the duration of the employment contract. Because when dismissing a temporary employee in the work book, it will be necessary to indicate the reason for the termination of the service relationship. In this case, the entry should be as follows: "Fired due to the end of the period of validity of the employment contract" clause of the second part of the first article 77 of the Labor Code of the Russian Federation.
By agreement
Here again it is necessary to point out that when concluding an employment contract with an employee for a certain period of time, the head of the organization must comply with the requirements of the law. Otherwise, it will be impossible for him to avoid problems with the law. If a pensioner wants to get a job, then the boss has the right to offer him By mutual agreement of the parties fixed-term contract can be concluded with students who study at day department, with partners. Most often, the latter do not object to such a proposal by the head of the enterprise. After all, part-time workers are not the main employees, because they already have the main place of work. Entrepreneurs who are engaged in small business and have less than thirty-five people in the state of the organization can conclude fixed-term employment contracts with employees.
Conclusion
Every employee who is hired by the employer only for a certain period should be aware that he will be fired after his term of performance of his official duties ends. In practice, this is most often what happens. If a person was hired for two months, then set him probation prohibited. In addition, when choosing an employee, even for a certain period, the head of the company needs to be more careful.
This is especially true in cases where the boss takes a pregnant woman to work during the absence of a permanent employee. After all, complete labor Relations with such a subordinate is not so easy. Because she can ask her boss to transfer her to another position (after the departure of a permanent employee whose duties she performed) and extend her employment relationship with her until the very birth.