In particular, this article provides for cases where such an employment contract is concluded depending on the nature and conditions of the work performed:

• work for the duration of the performance of the duties of an absent employee, who retains the place of work;

One example: an employee went on maternity leave, and then on parental leave, the employer enters into a fixed-term employment contract for the duration of the duties of the absent employee.

More difficult situations also arise: the employee first goes on leave to care for one child, then for the second child, and so on. In order not to conclude additional agreements and not to invent wording, it is better to write as a basis: “for the duration of the duties of the absent employee, full name”.

The second difficult case: an employee went on maternity leave, another employee was taken in her place, who after a while also went on vacation. In this situation, when concluding a fixed-term employment contract, experts advise listing all absent employees when formulating the grounds.

It is important to specify the conditions under which the employment contract will be terminated. If one employee went on vacation, then we write like this: “The employment contract is terminated with the exit of the absent employee, full name, to work.” If two employees left (the complex case described above), and a third one works instead of them, then we formulate the condition as follows: “The employment contract is terminated with the exit of the absent employee, full name or full name.” When one of them comes out of vacation, on the basis of this, the third employee will be fired.

Please note that this is the only ground where the employer is not required to notify the temporary worker of the termination of the employment contract three days in advance. The employment contract is terminated on the day the main employee leaves.

• for the duration of temporary work - up to two months;

Let's say you hire an IT specialist to automate some process in your company. In such cases, it is advisable to conclude a civil law contract, but some employers still prefer a fixed-term employment contract, in which it is not even necessary to indicate the position. You can simply state that "the worker is accepted for such and such work".

There is no probationary period in such cases. At the same time, it is important to fix the completion of work in a fixed-term employment contract - for example, by drawing up an act of work performed. So, you can write that the term of the contract is determined by the end of work with the preparation of an act of work performed.

• for the performance of seasonal work, when, due to natural conditions, work can only be done during a certain period;

To determine whether work is seasonal, you can be guided by the List of Seasonal Work approved. In addition, the Lists approved by , and will be useful.

• with persons sent to work abroad;
• to carry out work that goes beyond the normal activities of the employer, and 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 for a known period or to perform a known work;
• with persons hired to perform a known work in cases where its completion cannot be determined by a specific date;
• to perform work related to practice, vocational training or additional professional education in the form of an internship.

A fixed-term employment contract can be concluded by agreement of the parties with persons who are employed in small enterprises in the retail trade with a staff of no more than 35 people or in consumer services enterprises with up to 20 employees. This type of employment contract is also possible in the case of employment of old-age pensioners or persons who, due to their state of health, are only allowed to work of a temporary nature.

It is important to remember the need to include additional conditions when concluding a fixed-term employment contract. Namely, you need to specify:

• the reason for the conclusion of the contract and the relevant article of the Labor Code;
• the duration of the contract (a specific date or the occurrence of an event).

All fixed-term employment relationships are generally limited to 5 years. However, within this period, the Labor Code designates separate time periods - for example, for the time of performing temporary work - up to two months, for performing work that goes beyond the normal activities of the organization - up to a year.

The Labor Code contains norms concerning the conclusion of a fixed-term employment contract for certain categories of workers and, in certain cases:

• for educators. The norm is formulated in: when an employee of an organization is elected through a competition to fill the position of a teacher previously occupied by him under a fixed-term employment contract, which belongs to the teaching staff.
• for pregnant employees. The norm is specified in: “In the event of the expiration of a fixed-term employment contract during the pregnancy of a woman, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy.”

The term of the employment contract of a pregnant employee may not be extended if it was concluded for the duration of the performance of the duties of an absent employee who went to work, and the organization either does not have work of the appropriate qualification or lower paid work that the employee can perform taking into account her state of health, or there is such work , but the employee does not agree with the translation. In this case, the pregnant employee can be dismissed at the time of the expiration of her employment contract in accordance with the general procedure.

Renewal of a fixed-term employment contract

In some cases, the question arises of the need to conclude a fixed-term employment contract with an employee who has previously worked under such an agreement, but the contract has expired. And the Labor Code does not contain a direct ban on renewing a fixed-term contract, but directly refers to the employer's right to renegotiate a fixed-term employment contract with an employee sent to work in a Russian representative office abroad.

To renew a fixed-term employment contract, it is necessary to dismiss the communication worker with the expiration of the employment contract and re-employ him under a new fixed-term employment contract, indicating the appropriate grounds in it. Often, HR experts advise when drawing up a new fixed-term contract immediately after the expiration of the previous one, indicate another basis or another labor function.

When a fixed-term contract "turns" into an indefinite one

Please note that, according to and repeated conclusion of fixed-term employment contracts for a short period to perform the same work, the court may recognize the contract as open-ended.

The Federal Tax Service recalls the possibility of amending a fixed-term employment contract, including in terms of changing its expiration date. In this case, changes are made only by signing the agreement ().

If a fixed-term employment contract is concluded for a period exceeding 5 years, then it is likely that in the event of a dispute, the court may reclassify it as a contract concluded for an indefinite period. The same consequences may arise in a situation where several employment contracts have been concluded, the total duration of which exceeds 5 years, as referred to in.

The terms on the urgent nature of the employment contract become invalid if neither of the parties has demanded termination of the contract and if the employee continues to work (). If these conditions are met, then the contract is considered concluded for an indefinite period. At the same time, the legislation does not provide for the need to amend the employment contract itself by signing an additional agreement. At the same time, Rostrud recommends that such an agreement be concluded. In this case, you do not need to make an entry in the work book.

Hospital and fixed-term employment contract

What to do if the term of the employment contract has expired, and the employee is on sick leave? Can he be fired in this case?

It is impossible to dismiss an employee on sick leave only at the initiative of the employer. Since the expiration of the employment contract does not depend on the employer and does not apply to the general grounds for dismissal, the sick leave in this case will not be an obstacle to dismissal.

A fixed-term employment contract is concluded with an employee in the event that the nature of the proposed work or the conditions for its performance do not allow concluding an agreement for an indefinite period. In other words, :

• or under circumstances in which it is impossible to conclude an open-ended employment contract. For example, in the case of hiring an employee who retains his place of work. Let's say for a period;
• or , but subject to certain conditions. For example, small businesses with no more than 35 employees (in the general case) are entitled to hire workers under fixed-term employment contracts.

Employment under a fixed-term employment contract

The conclusion of a fixed-term employment contract has its own. It must be written in it. As a rule, it cannot exceed 5 years. If the term is not specified in the contract, then the contract is considered concluded for an indefinite period. By the way, in some cases, a fixed-term employment contract.

The "conscript" worker can be installed. However, if the contract is concluded for a period:

• from 2 to 6 months, then the test cannot last more than 2 weeks;
• up to 2 months, then a trial period cannot be established at all.

Based on the order for hiring an employee, it must be done. Including in the case when a fixed-term employment contract is concluded with the employee. But information about the term of the contract in the work book is not indicated.

Companies do not always need a constant number of employees to be successful. Business interests require the performance of some work with different volume and intensity only in limited calendar periods. In this case, the number of personnel required for their implementation may fluctuate and it is not advisable to conclude an employment contract without a validity period with some employees. For such situations, the legislation provides for the possibility of using a fixed-term employment contract.

Content and conditions for the application of fixed-term contracts

The legislation does not allow the employer to impose temporary cooperation on applicants. It clearly states that a fixed-term employment contract may be entered into in circumstances where:

• • The nature, the number of planned works and the conditions for their implementation do not make it possible to hire personnel for an unlimited period (part 1 of article 59 of the Labor Code of the Russian Federation);
  • An agreement was reached between the employer and the employee on the limited duration of their future cooperation (part 2 of article 59 of the Labor Code of the Russian Federation).

The circumstances under which the employer is obliged to conclude a temporary contract and when it is permissible to do so by mutual agreement are clearly distinguished (see table 1).

A written agreement concluded for a certain time period must contain (paragraph 4, part 2, article 57 of the Labor Code of the Russian Federation):

• • The reasons due to which the time of its application is limited;
  • A date or other parameter indicating the moment when it expires.

Attention!

If the employer does not indicate the circumstances that prompted him to resort to labor relations of a temporary nature, the contract may be recognized by the court as termless. If the expiration date of the contract is not reflected, it is also recognized as valid indefinitely.

A fixed-term employment contract can be signed for a period of time within 5 years. The total duration of cooperation between the employer and the employee is fixed both by a clear date and by the performance of any action after which it will be completed (part 2 of article 14, article 79 of the Labor Code of the Russian Federation, letters from Rostrud dated December 28, 2006 N 2264-6- 1).

The procedure for concluding a contract for a certain period

The process of hiring temporary employees is no different from the procedure for registration under a contract without an expiration date. It includes:

• • • Acceptance of an application (optional), in it, among other things, the employee records that he wants to go to work for a certain time due to the presence of one of the circumstances specified in Art. 59 of the Labor Code of the Russian Federation;
    • The conclusion of an employment contract with the obligatory indication of the motives for formalizing a relationship of limited duration and a clear time of its validity;
    • Creation of an administrative document on enrolling a candidate in a free form or using a unified form No. T-1;
    • Reflection of information about hiring in the work book.

The application is not a mandatory document, however, in practice, employers often require it to be written. Before signing the contract, the employee must be familiarized with the company's local acts in the field of labor relations against signature: the collective agreement, provisions on remuneration and bonuses, internal labor regulations, approved working modes.

What to indicate in a fixed-term employment contract, in addition to standard conditions

Important!

If the citizen actually began to perform his labor functions with the employer, the contract and the order for admission must be executed without fail no later than 3 days from the date of commencement of work (Article 67 of the Labor Code of the Russian Federation). In reality, the contract is most often signed on the day of registration.

The contract prescribes all the necessary conditions, including the reasons for the application of its temporary form and the deadline for its completion. The description of the circumstances that prompted the employer to use the urgent option of labor relations occurs on the basis of the wording specified in Art. 59 of the Labor Code of the Russian Federation.

Option:

“The fixed-term employment contract was concluded in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation for the temporary performance of the duties of an absent employee Varfolomeeva Elena Vitalievna, who is on parental leave until he reaches the age of 3 years"

The time limit for a contract can be specified as either a fixed date or an event that terminates it. For example, "before leaving parental leave Varfolomeeva Elena Vitalievna." A probationary requirement may also be included in the text of an employment contract for a limited period. But some limitations should be taken into account:

• • • If the contract execution period is within a two-month period, then the test is not established (part 4 of article 70 of the Labor Code of the Russian Federation);
    • With a duration of cooperation of more than 2 months and up to six months, the period for testing skills cannot exceed 2 weeks (part 6 of article 70 of the Labor Code of the Russian Federation);
    • Under contractual relations lasting more than six months, a standard period for checking a candidate for professional suitability can be approved, for ordinary employees not exceeding 3 months (part 5 of article 70 of the Labor Code of the Russian Federation).

Features of drawing up an order for admission to temporary work

In the text of the employment order, in addition to the standard details, it is necessary to focus on the fact that the worker has been hired for a limited time period and the period of the employment relationship will end on a certain date or event. For example, “during the performance of the duties of Varfolomeeva Elena Vitalievna, who is absent due to being on leave to care for a child until she reaches the age of 3 years” or “to perform seasonal work to pick berries”

The termination date of the employment relationship in the order must be completely identical to that specified in the contract. This can be either a specific date or an event after which the need to attract temporary staff disappears, for example, "until the clean-up work is completed."

How to issue a work book with a fixed-term employment contract

Information on admission to the work book is entered in the usual manner, without indicating the temporary nature of employment. It must be issued no later than one week after the issuance of the order for employment (clause 10 of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

An indication in the work book for the duration of the contract is regarded as a violation of labor legislation and may lead to the employer being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Important!

An indication in the work book for the duration of the contract is regarded as a violation of labor legislation and may lead to the employer being held liable on the basis of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

An example of a correct entry.

How is dismissal with a fixed-term employment contract

As a general rule, it is necessary to terminate the employment relationship at the time the employment contract expires (clause 2, part 1, article 77 of the Labor Code of the Russian Federation). This does not deprive both the employee and the employer of the right to early termination of cooperation, before the end of its validity period on a general basis:

• • • at the initiative of the employee himself;
    • at the will of the employer in connection with gross violations committed by the employee;
    • by agreement of the parties to the relationship.

If the worker remains to perform his duties after the expiration of the contract, then he is automatically retrained as a prisoner for an indefinite period. In the event of a date or event ending the term of the contract, the employer must carry out a certain list of legally regulated actions. Their sequence will be as follows:

• • • Notify the employee in writing of the dismissal no later than 3 calendar days before the expiration date of the contract (Article 79 of the Labor Code of the Russian Federation);
    • Issue a dismissal order on a letterhead of your own design or using a unified form No. T-8;
    • Make an appropriate entry in the work book and personal card of the employee;
    • Settle with the employee for the remaining unpaid part of the salary on his last working day, including compensation for unused vacation;
    • On the day of parting, issue all documents: work book, SZV-M; SZV-STAZH, DSV-3, an extract from the calculation of insurance premiums.

Sick leave is not an obstacle to termination of employment contracts after the end of the period of its application. In this case, the procedure is no different from that described above, but at the same time, the sick person must be paid disability benefits in full.

Specializes in the field of labor law, accounting, business economics, labor economics, personnel management.
Higher economic education. 17 years of successful experience in various positions in accounting, finance, labor and payroll departments. Currently, he works as an economist for labor and wages in a large manufacturing company.

The company can hire employees either for a permanent term or for a strictly limited one. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of the particular hiring and the specifics of the work of the organization, a fixed-term employment contract is concluded either taking into account the assigned work (part 1 of article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the manager and employee (part 2 of article 59 of the Labor Code of the Russian Federation).

When you don't need employee consent

The Labor Code provides for certain categories of employees who can only be hired for a period when a fixed-term employment contract is mandatory, in other words, when a contract for an indefinite period cannot be concluded.

So, for example, it would be unlawful to hire an employee who, for health reasons, is only allowed temporary work, or a general director, if the company's constituent documents provide that the employment contract with him is concluded for a certain period (part 1 of article 275 of the Labor Code) RF).

The absence of the consent of the employee in this case means that the employment contract will not be concluded at all. In other words, if the employee does not agree to sign a temporary contract, the company will not have an obligation to conclude an open-ended contract (as will happen if a fixed-term employment contract is signed by agreement of the parties - see below).

Cases when a temporary contract can be concluded without the consent of the employee

A fixed-term employment contract is concluded in cases where either the specifics of the work or the conditions for its implementation do not allow hiring an employee permanently (part 1 of article 59 of the Labor Code of the Russian Federation). At the same time, the contract itself must indicate how long a fixed-term employment contract is concluded. The maximum term of the contract is five years.

The list of grounds for concluding a temporary contract is open and can be supplemented by grounds that will be further provided for by the Labor Code of the Russian Federation or other laws.

Today it is:

• replacement of a temporarily absent employee (as a rule, we are talking about a decree);
• performance of temporary works (no more than two months);
• seasonal workers;
• employees sent to work abroad;
• employees hired for non-standard work for the organization (installation, reconstruction) or in case of temporary expansion of production;
• the entire staff of employees hired by the company, created for a limited period or to perform specific temporary work (project work), incl. if the time of completion of work cannot be determined in advance;
• interns and trainees;
• replacement of an elective office;
• employees sent by the employment service for temporary (public) work;
• alternative civil servants.

Agreement of the parties for a fixed-term employment contract

If there are no circumstances of the temporary nature of the work that would justify the urgency of the employment relationship, the employee and his manager can agree to sign a fixed-term employment contract - the Labor Code provides for this possibility. However, this can not always be done, but in strictly defined cases (part 2 of article 59 of the Labor Code of the Russian Federation):

• hiring to a small business entity (number of employees - less than 35, and if we are talking about retail and consumer services - less than 20);
• hiring old-age pensioners or employees who, for health reasons, are only allowed to work temporarily. Here it must be emphasized that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, it is categorically impossible to “transfer” him to a fixed-term employment contract, this is illegal;
• hiring an employee to the Far North, if he is supposed to move;
• recruitment of employees on a competitive basis;
• hiring creative workers (media, circuses, theaters, etc.);
• hiring managers, their deputies and chief accountants of companies;
• hiring full-time students;
• recruitment of seafarers;
• hiring partners;
• hiring employees to prevent emergencies, accidents, epidemics and other similar events, as well as to eliminate the consequences of these events, if they have already occurred.

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract by agreement of the parties is voluntariness. This means that both the employee and his manager really prefer to limit the term of their employment relationship and voluntarily waive an indefinite employment contract.

The fact of voluntariness is confirmed by the signatures of the parties on the contract; a separate written agreement for a fixed-term employment contract is not required to be signed.

In the contract itself, it is necessary to emphasize that it is urgent, to confirm this with an appropriate basis (for example, by the fact that the employee is studying at a university full-time). It is necessary to make sure that the employee has a supporting document (training document, pension certificate, etc.).

Registration of a fixed-term employment contract

The fact of signing the contract must be recorded by order (indicate in it the grounds for concluding a temporary contract), and the personnel worker must make a record of employment in the work book.

The term of the contract must be fixed in it, otherwise, de jure, the contract will be considered unlimited (part 3 of article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for fixed-term contracts (Chapter 13 of the Labor Code of the Russian Federation).

In the work book, unlike the order and the contract, it is impossible to indicate that the employee is temporarily hired by the company - neither the Labor Code, nor the Instruction for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be held administratively liable (

E.A. answered the questions. Shapoval, lawyer, Ph.D. n.

We conclude, extend and terminate a fixed-term employment contract

A fixed-term employment contract may be concluded if, taking into account the nature of the work or the conditions for its performance, it is impossible to conclude an agreement for an indefinite period. Art. 58 Labor Code of the Russian Federation. And to terminate such an agreement, it is enough to wait for the expiration of its term (of course, in the absence of other grounds). But not everything is as simple as it seems. Here are answers to the most common questions regarding such contracts.

A fixed-term employment contract with a pensioner is possible

A.N. Gladysheva, Samara

We offered a pensioner entering a job to conclude a fixed-term employment contract. But it requires the execution of a contract for an indefinite period. Do we have the right to insist on a fixed-term employment contract just because he is a pensioner?

: It is possible to conclude a fixed-term employment contract for a period of up to 5 years only if the pensioner himself agrees to this articles 58, 59 of the Labor Code of the Russian Federation. True, pensioners often appeal against the legitimacy of concluding fixed-term employment contracts with them. The courts take the side of the employer if the pensioner signed an employment contract containing a condition on its term, thereby expressing agreement with such a condition. Cassation ruling of the Rostov Regional Court dated April 25, 2011 No. 33-5663; Determination of the Moscow Regional Court dated November 17, 2011 No. 33-25523. But if the pensioner proves that consent to the conclusion of the contract was given involuntarily, then the court recognizes the contract as concluded for an indefinite period. clause 13 of the Decree of the Plenum of the Supreme Court of March 17, 2004 No. 2; Clause 3 of the motivational part of the Definition of the Constitutional Court of May 15, 2007 No. 378-O-P.

It should also be borne in mind that the unwillingness of a pensioner to conclude a fixed-term employment contract is not a basis for refusing employment. In such a situation, the employer will have to conclude a contract for an indefinite period.

In small businesses, a fixed-term contract can be concluded with any employee

M.I. Mavlyanova, Taman

We have 7 people in our company. Can we conclude fixed-term employment contracts with all employees?

The employer is a small business entity is an organization or entrepreneur, the number of employees of which does not exceed 35 people, and in the field of retail trade and consumer services - 20 people Art. 59 Labor Code of the Russian Federation.

: You can conclude a fixed-term employment contract with any employee if articles 58, 59 of the Labor Code of the Russian Federation:

• your company is a small business entity;
• the employee agrees to conclude a fixed-term employment contract for up to 5 years. But do not forget to indicate in the contract e Art. 57 of the Labor Code of the Russian Federation:

The term for which it is concluded;

basis for his conclusion. In your case, this is part 2 of Art. 59 of the Labor Code of the Russian Federation.

The condition of the term in the contract for the performance of specific work

NOT. Maxaim Trankova, Mozhaisk

We need to hire employees for the duration of a certain project. How can we indicate the term of the contract if the end date of this project is not yet known?

: In the employment contract, you need to indicate for which particular project the employee is hired. And as a period, indicate that the contract was concluded before the completion of the project (without specifying a specific date) Art. 59 of the Labor Code of the Russian Federation; Appeal rulings of the Moscow City Court of July 16, 2012 No. 11-14184, of May 14, 2014 No. 33-11227 / 2014.

1.5. The employment contract is valid until the completion of work on project No. 20-1, related to the fulfillment by the Employer of obligations under the contract dated 06/01/2015 No. 23/10, concluded with Design LLC.

But you must have documents confirming the existence of the project and the end of its validity. Appeal ruling of the St. Petersburg City Court dated June 10, 2014 No. 33-7964/2014. Otherwise, the employee will be able through the court to retrain the employment contract into an open-ended one.

When the project comes to an end, the date of its completion will become clear. 3 calendar days before this date, notify the employee about dismissal due to the expiration of the employment contract and Art. 79 Labor Code of the Russian Federation.

Work for up to 2 months is always temporary

I.Yu. Duyunova, Novorossiysk

We want to hire an employee to replace the main employee during a rather long vacation. What kind of fixed-term contract to conclude with him?

: If the planned vacation of the main employee is less than 2 months, you need to conclude a fixed-term employment contract with the replacement employee for up to 2 months in Art. 289 of the Labor Code of the Russian Federation. Then you cannot set a probationary period for a new employee when hiring, and for the time worked you will have to provide leave (or pay compensation for leave) at the rate of 2 working days for each month of work articles 289, 291 of the Labor Code of the Russian Federation.

If the vacation of the main employee lasts 2 months or more, then conclude a fixed-term employment contract with the new employee for the duration of the vacation of the main employee (for a period of 2 to 6 months) Art. 58 Labor Code of the Russian Federation. Then everything will be exactly the same for him as for the rest of the workers. That is, you can set him a trial period, but only up to 2 weeks Art. 70 of the Labor Code of the Russian Federation, and leave for hours worked (or compensation for unused leave upon dismissal) to provide in calendar days Art. 115 Labor Code of the Russian Federation.

A migrant’s patent is not a reason to conclude a fixed-term contract with him

S.A. Belonogov, St. Petersburg

We hire a citizen of Moldova with a patent. Do we think that a contract with him can be concluded only for the duration of the patent?

: The fact that you hire a foreigner with a patent that is valid for a certain period is not a basis for concluding a fixed-term employment contract, since there is no such basis in the Labor Code of the Russian Federation articles 58, 59 of the Labor Code of the Russian Federation. As with Russians, a fixed-term contract with migrants is concluded if the nature and conditions of work do not allow concluding a contract for an indefinite period articles 58, 59 of the Labor Code of the Russian Federation. After the expiration of the patent, the migrant worker must be removed from work Art. 327.5 of the Labor Code of the Russian Federation. If the employee does not renew the patent, then after 1 month from the expiration date of the patent, you simply dismiss him p. 5, part 1, part 2, art. 327.6 of the Labor Code of the Russian Federation.

Can a fixed term contract be extended?

E.A. Tereshchenko, Ulyanovsk

Taking into account the nature of the work, we have concluded a fixed-term employment contract with the employee for a period of 1 year. Can we extend the contract with the employee by changing the term of the contract?

: There is no definite answer to this question. There is an opinion that before the expiration of the employment contract with the employee, it is possible to conclude an additional agreement to the employment contract to change the term of its validity, if the circumstances in connection with which the contract was concluded for a certain period have not disappeared. Moreover, according to the courts, the extension of the term of the contract in such a situation does not indicate the repeated conclusion of a fixed-term employment contract, which entails for the employer the recognition of the employment contract as concluded for an indefinite period. Appeal decision of the Supreme Court of the Chuvash Republic dated December 23, 2013 No. 33-4638 / 2013; Determination of the St. Petersburg City Court dated October 18, 2010 No. 33-14178 / 2010.

You can formulate a condition for extending the term of an employment contract as follows.

The employee and the employer agreed that the employment contract No. 3 dated 01.01.2014 was concluded for a period until 01.01.2016.

But there are courts that believe that the extension of a fixed-term employment contract violates the rights of the employee. And they recognize the extended fixed-term employment contract concluded for an indefinite period Determination of the Moscow City Court dated February 6, 2012 No. 4g / 3-114 / 12.

Therefore, when deciding to extend the term of an employment contract, it makes sense to familiarize yourself with the judicial practice in your region in similar cases.

Not all summer jobs are seasonal

G.A. Panarina, Shadrinsk

For the summer (June to August) we hired a vendor to sell vegetables and fruits on the street. Do we understand correctly that this is a seasonal job?

: No. Seasonal work should be due to the peculiarities of climatic and other natural conditions (for example, rafting and logging; heating season in housing and communal services). Types of seasonal work are determined in special lists contained in Art. 293 of the Labor Code of the Russian Federation:

• in sectoral (intersectoral) federal social partnership agreements х see, for example, clause 2.A of the Industry Agreement on the organizations of the timber industry complex of the Russian Federation for 2015-2017. ; clause 3.7 of the sectoral tariff agreement in the housing and communal services of the Russian Federation for 2014-2016.;
• in regulatory legal acts, including in acts of the former USSR, in force to the extent that they do not contradict the Labor Code of the Russian Federation see, for example, the List, approved. Decree of the Government of 04.07.2002 No. 498; Art. 423 of the Labor Code of the Russian Federation; List of seasonal works, approved. Decree of the NCT of the USSR dated 11.10.32 No. 185.

You cannot set a probationary period of more than 2 weeks for a seasonal worker, during the time of work he will need to be granted leave (or pay compensation for leave) at the rate of 2 working days for each month of work articles 70, 295 of the Labor Code of the Russian Federation.

Work as a seller does not apply to seasonal types of work, so you need to conclude a fixed-term employment contract with an employee for a period from 06/01/2015 to 08/31/2015 to perform obviously defined work. articles 58, 59 of the Labor Code of the Russian Federation.

What day to dismiss a temporary employee if the main employee left the care leave

I.Yu. Tupeeva, Kazan

We have a fixed-term contract with an employee for the duration of parental leave of the main employee. The main worker went to work without warning. When to fire a temporary worker, because we did not warn her about the dismissal?

: It all depends on how the condition on the term is formulated in the contract with the temporary worker. If the contract states that it is concluded for the period of temporary absence of a particular employee, then the day of dismissal (the last day of work) of the temporary employee will be the day preceding the day the main employee leaves maternity leave Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; ; Appeal decision of the Tula Regional Court dated November 27, 2014 No. 33-3260.

If the contract with a temporary worker states that it terminates when a particular employee returns to work, then the day of dismissal (the last day of work) of the temporary worker will be the day the main employee leaves maternity leave. Art. 79 of the Labor Code of the Russian Federation; Appeal rulings of the Krasnoyarsk Regional Court dated 06/09/2014 No. 33-5452 / 14A-09; Moscow City Court dated April 16, 2015 No. 33-6310/15.

In any case, you are not required to notify the temporary employee of the dismissal and Art. 79 of the Labor Code of the Russian Federation; Letter of Rostrud dated October 31, 2007 No. 4413-6; Appeal ruling of the Chelyabinsk Regional Court dated July 17, 2014 No. 11-6967/2014. But for the future - ask the main workers to inform you in advance about leaving work so that you can warn temporary workers about dismissal 3 calendar days in advance.

Is it possible to dismiss a temporary employee if the main employee quit without leaving parental leave

L.A. Efremova, Togliatti

We have concluded a fixed-term employment contract with the employee for the period of maternity leave and maternity leave of the main employee. The main employee resigned of her own free will, without leaving the vacation. Do we need to fire a temporary employee at the end of the vacation of the main employee?

: If the main employee quit during the period of parental leave without a work permit, you have no reason to dismiss the temporary employee. After all, the basis for terminating an employment contract with a temporary worker has disappeared. And you just have to change the condition on the term of the contract by concluding an additional agreement with the temporary worker to the employment contract with Art. 58 of the Labor Code of the Russian Federation; Letter of Rostrud dated November 20, 2006 No. 1904-6-1.

It is possible to formulate a condition on the transformation of a fixed-term contract into a contract for an indefinite period as follows.

The employee and the employer agreed that the employment contract No. 10 dated April 30, 2013 was concluded for an indefinite period.

But if the main worker issued a job and then quit of her own free will, then the temporary worker must be fired due to the expiration of the employment contract and Appeal ruling of the Omsk Regional Court dated June 27, 2012 No. 33-3641/12.

A temporary worker on sick leave can be fired

ON THE. Kisileva, Pskov

Can we dismiss an employee due to the expiration of the employment contract concluded for 1 year, if he is sick and will not be at work on the last day of the employment contract?

: Yes, you can. After all, it is forbidden to dismiss during illness only at the initiative of the employer. And dismissal due to the expiration of the employment contract does not apply to such grounds. p. 2 h. 1 art. 77, articles 79, 81 of the Labor Code of the Russian Federation; Determination of the Moscow City Court dated May 24, 2011 No. 33-15449.

But the fact that the employee is sick does not relieve you of the obligation to notify him of the upcoming dismissal and Art. 79 Labor Code of the Russian Federation. You can send him such notification by mail or telegram. Some courts, in the absence of such notice, reinstate the employee at work. Determination of the Moscow City Court dated February 14, 2011 No. 33-2941.

If on the day of dismissal (the last day of the term of the employment contract) the employee does not go to work, send a notice to his home address by registered mail about the need to come to the employer for a work book or agree to send it by mail Art. 84.1 of the Labor Code of the Russian Federation. On this day, you also need:, part 1 of Art. 7 of the Law of December 29, 2006 No. 255-FZ.

The allowance must be accrued no later than 10 calendar days from the date the former employee submitted a sick leave. And you must pay him the allowance on the next day after the accrual of the allowance, set for the payment of salaries. Part 1 Art. 15 of the Law of December 29, 2006 No. 255-FZ.

When to fire an employee if the employment contract expires on a weekend

Fixed term contract ends on the weekend. What day to fire an employee?

: In such a situation, the end date of the term is considered to be the next business day following it Art. 14 Labor Code of the Russian Federation.

Is it possible to fire a former student due to the expiration of the employment contract?

S.A. Bragin, Vologda

Our company hired a full-time student on a fixed-term contract. Before the expiration of the employment contract, he was expelled from the university. Will we be able to fire him later due to the expiration of the employment contract?

: If the only reason for concluding an employment contract was that the employee is studying full-time, then after being expelled from the university, it is impossible to dismiss him due to the expiration of a fixed-term employment contract. After all, you no longer have the basis that served as the reason for concluding a fixed-term employment contract Art. 59 Labor Code of the Russian Federation.

A fixed-term employment contract becomes indefinite, which is formalized by an additional agreement to the employment contract. Above we gave an example of how you can formulate a condition on the term of the contract.

Is it possible to dismiss an employee who did not go to work on the last day of the contract term?

E.V. Mishukov, Astrakhan

3 days before the expiration of the employment contract, we warned the employee with whom a fixed-term employment contract was concluded about dismissal. He didn't show up for work the next day. Can we fire him if he doesn't show up on the last day of the contract, or should we wait until it's clear why he didn't show up?

: You can fire an employee on the last day of the term of the employment contract. Art. 79 Labor Code of the Russian Federation.

If you don’t do this, but you find out why he didn’t go to work, then the fixed-term employment contract will turn into an employment contract for an indefinite period Art. 58 Labor Code of the Russian Federation. And then you will not be able to dismiss the employee due to the expiration of the employment contract. p. 2 h. 1 art. 77 Labor Code of the Russian Federation. And you will have to look for other grounds for dismissing an employee as well. Determination of the Moscow Regional Court of August 18, 2011 No. 33-18584.

Is it possible to fire a “fixed-term” employee if the contract does not specify a period

K.A. Vakhteev, Smolensk

We hired an employee to carry out reconstruction work, but did not indicate this in the contract, and also did not indicate the duration of the contract. Can we dismiss an employee at the end of the reconstruction due to the expiration of the employment contract?

: If the term of its validity is not specified in the employment contract, then the contract is considered concluded for an indefinite period Art. 58 Labor Code of the Russian Federation. That is, it is impossible to dismiss an employee in connection with the expiration of the employment contract. You can dismiss him only on the general grounds provided for permanent employees.

We count the days of unused vacation if the fixed-term contract is terminated before the expiration of 2 months

ON THE. Nakul, Ryazan

The employee was hired during the leave of the main employee to care for the child until the child reaches the age of 3 years. But a month and a half after going on vacation, the main worker returned to work. For which days to calculate compensation for a temporary worker for vacation: for working days or for calendar days?

: The fact that the contract with a temporary worker terminated already one and a half months after the start of the vacation does not mean that it was originally concluded for a period of up to 2 months. Therefore, you need to calculate compensation for unused vacation for calendar days, and not for working days, as when concluding an agreement for up to 2 months in articles 120, 291 of the Labor Code of the Russian Federation.