What are the differences and is it possible to recognize a fixed-term employment contract as indefinite? What is the difference between a fixed-term employment contract and an open-ended employment contract?

An employment contract is a normative act that regulates the relationship between employer and employee. As a rule, the document is concluded for an unlimited period, and is terminated only at the proposal of one of the participants.

But in situations where the duration of cooperation is known in advance, there is a need for a conclusion. The most important conditions to format it:

• mandatory inclusion of the grounds according to which cooperation cannot continue indefinitely (for example, replacement of the main employee or seasonal work);
• introducing a clause about the date or event after which the cooperation ends (for example, the return of a key employee).

A fixed-term contract can be valid for up to 5 years. For employment relationships with a longer period of validity, it is open-ended contract.

A fixed-term contract is drawn up if a permanent one cannot be concluded according to the nature of the planned work. Traditionally, an unlimited time contract is drawn up, and a limited one is a rare exception. The main difference between a fixed-term employment contract and an open-ended one can be traced already in the name - a fixed-term contract is limited by its validity period, while an open-ended one is not limited to it. But in their interpretation there is also several features:

Employers often use temporary contracts to their advantage, for example, so as not to look for reasons in the future to fire an employee. Such actions are prohibited and may lead to negative consequences.

What is a civil law contract?

It is standard to conduct business related to employment individuals, occurs in accordance with the Labor or Civil Codes. Therefore, along with employment contracts, there are also civil law ones.

A civil law contract is a normative act that stipulates the property interaction between the customer and the contractor. In this case, there is no working relationship between the parties in their usual sense, when an employee is under the supervision of an employer performs the established labor function.

In a civil contract reflects a specific service or work which the performer agrees to perform for a fee.

Differences from civil law

Documents that seem similar at first glance have a number of differences. Let's look at them in the table:

From common features It is possible to single out only a limitation on the duration of work - in both cases, the date of employment and the date (or event) of completion of work can be specifically established. However, a fixed-term employment contract cannot be concluded for a period of more than 5 years, but a civil law one can.

Advantages and disadvantages

Like any employment agreement, a fixed-term employment contract has pros and cons for both parties. Let's look at the negative aspects:

For employee

When signing a limited-term contract, a citizen must remember what awaits him as a result:

• Simplified dismissal procedure. The employee is dismissed after the end of the contract period or after completing the work specified in the document.
• Shortened dismissal period. The employee is notified either 3 days before the end of work, or the day before the main employee leaves (Article 79 of the Labor Code of the Russian Federation).

Otherwise, the set of guarantees is similar to an open-ended contract - the employee also receives sick leave and vacation payments. Only compensation is not calculated for the last 12 months, but the average salary is calculated from the period from the moment of employment to the month before going on sick leave or vacation.

For the employer

The disadvantages of fixed-term contracts for the employer include:

• Pregnancy of an employee on a temporary contract. In such a situation, it will be possible to fire her before the end of the pregnancy. the only case- when closing a company.
• If the employer does not warn the employee in time about the upcoming expiration of the contract, the cooperation automatically becomes indefinite. At the end of the contract, the manager no longer has the right to dismiss the employee.

Example. The company StroyServis LLC entered into a contract with A.N. Petrov. fixed-term employment contract for 2 years. The completion date was set for May 5, 2017. However, the manager did not warn the employee in advance about the end of the contract, and Petrov continued to work. The manager only remembered his mistake on May 10, and notified the employee that the contract was being terminated due to the expiration of validity under Article 79 of the Labor Code of the Russian Federation. In response to this, Petrov stated that no warning was received 3 days before the completion of the contract, therefore, according to Article 58 of the Labor Code of the Russian Federation, the contract becomes unlimited. The manager agreed with the employee’s opinion and, in order to avoid litigation, did not fire him.

A pregnant employee, even afterward, has the right to write a statement about continued cooperation, and the employer will have to approve it. True, only until the end of pregnancy - after giving birth, the employee quits.

Having combined all the information, we will briefly define the features of fixed-term employment contracts - both for the employee and for the employer.

Advantages:

• Providing an employee with full-time employment, albeit temporary. Work under a fixed-term contract comes with the same guarantees as an open-ended contract.
• The company does not have to expand its staff to carry out short-term work. If a permanent employee is dismissed, compensation will have to be paid, and hiring an employee for a temporary position will avoid unnecessary costs.

Flaws:

• The collaboration will inevitably end at some point.
• If the text of the document was drawn up incorrectly, the employee has a chance to convert the cooperation into an indefinite period in court. This causes great inconvenience to the manager, especially if a temporary employee was hired during the absence of the main one.

Pitfalls for the employer

The greatest risk is correct drafting text of the document, because the slightest mistake can lead to the fact that the contract will be considered unlimited. It is important for the employer to remember that:

• You cannot issue several fixed-term contracts one after another with the same employee if the job function does not change.
• The text of the document always states the reasons for its preparation (Article 57 of the Labor Code of the Russian Federation) and the date when it should be completed.
• A fixed-term contract cannot be valid for more than 5 years.

If the above rules are not observed, cooperation officially becomes permanent. Dismissal of an employee if the contract is incorrectly drawn up is illegal, therefore, by court decision, he is reinstated in his position.

The most egregious cases of violation of temporary contracts may be subject to fines. Private entrepreneurs are charged a fine of up to 5,000 rubles, and companies – from 30 to 50 thousand rubles. according to clause 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation. If the employee registration procedure is repeatedly violated, the manager is removed from office for up to 3 years.

Example. The company OJSC Instrument Plus needed a programmer to perform a specific task - creating a website and promoting it. There was a vacant position on the staff, but the employer decided to enter into a fixed-term contract. The employee was hired and the contract was signed. After the work was completed efficiently, the manager announced the termination of the contract. However, the new employee, citing incorrect execution of the contract, continued to work.

Lawyers, having studied the text of the contract, found an inaccuracy: it did not indicate that after specific work was completed, cooperation would automatically terminate. Therefore, the document was officially considered indefinite, and the new employee was right.

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A temporary employee may have a completely logical question about how to convert a fixed-term employment contract into an open-ended one. First, let’s figure out what the differences are, and only then we will determine options for converting a temporary employment contract into a permanent one.

Differences between a fixed-term contract and an open-ended one

When hiring, the employer enters into an employment contract with the employee in accordance with Art. 58 of the Labor Code of the Russian Federation. An employment contract between an employee and an employer is usually of unlimited duration. But it happens that an employer needs an employee for a while, and a fixed-term employment contract is concluded with him. According to Art. 59 of the Labor Code of the Russian Federation, a contract can be fixed-term in cases where an employee is hired:

• during industrial practice;
• for the duration of the work, the list of which must be indicated in the contract;
• if the organization was created for certain work or for a certain period;
• for the period the employee performs seasonal work;
• for assignment to work in foreign countries;
• during the absence of the employee who is being retained workplace, and etc.

The main point of a fixed-term employment contract is the period for which this contract is concluded. The employer must clearly decide how to indicate the term in the employment contract. The Labor Code regulates the indication of the term in a fixed-term employment contract, but there are no clear regulations on its wording. The first wording option is to copy required item from the Labor Code. For example, “for the period of seasonal work…” or “for the period of parental leave for an employee’s child…” and so on.

As a second option, a number of lawyers suggest indicating clear deadlines “from...” and “to...”, and, if necessary, signing an additional agreement to extend the period. But this may lead, as mentioned earlier, to the recognition of the contract as indefinite.

It is quite simple to formalize an agreement between the parties; the employer offers the temporary employee a vacant position - and the employee agrees. An employee can also write an application to transfer him from a temporary contract to a permanent one. Labor Code Article 59 states that in the absence of initiative by one of the parties and the continuation of the work of a temporary worker, the contract automatically becomes permanent. The employer issues an order and an additional agreement to the employment contract, the employee signs the documents, the employment contract becomes indefinite, an entry in work book not required. This position was expressed by the Federal Service for Labor and Employment in letter N 1904-6-1 dated November 20, 2006.

When a candidate is hired, a test may be imposed on him. However, when hiring under a fixed-term employment contract, there are a number of restrictions contained in Art. 70 Labor Code of the Russian Federation. If the employment contract is concluded for a period of less than 2 months, then no test is established. If the employment contract is valid for up to six months, the probationary period cannot exceed two weeks.

Another nuance of an employment contract concluded for a limited period is the grounds for dismissal of the employee. In accordance with Article 79 of the Labor Code of the Russian Federation, there are several grounds for termination of a fixed-term employment contract:

• the arrival of a specific period specified in the contract;
• completion of certain work by the employee;
• return to work of an employee during whose absence a new employee was hired.

But there is also a limitation on the period of notice to the employee about the termination of the employment contract. Thus, when hiring an employee for a period of up to two months, the manager must notify the employee at least three days before the expiration of the contract. When hiring an employee during the absence of a permanent employee, the employment contract is terminated when this employee returns to work. A permanent employee is not required to notify management of his resignation, but the employer may agree with the permanent employee.

To summarize, we can say that the differences between a fixed-term and an open-ended employment contract are the indication of the period in the employment contract, the limitation for establishing a trial and the grounds for termination of the contract.

Transfer of a fixed-term employment contract to an open-ended one

A transfer from a temporary employment contract to a permanent one can be carried out either by agreement of the employee and management, or by decision of the competent authority. If the dismissal deadline is missed or the termination of a fixed-term employment contract is not formalized, the employee may not agree to the termination of the temporary contract. In this case, the employee has the right to contact special bodies according to the procedure prescribed in labor legislation.

Chapter 60 of the Labor Code of the Russian Federation allows an employee to demand consideration of a dispute regarding disagreement with the termination of a contract instead of transferring it to a permanent one in a labor dispute commission. The commission is created at the request of the employee from representatives of employees and the employer. The commission may, by its decision, take the side of the employee and recognize the employment contract, which was fixed-term, for an indefinite period.

In case of any disagreement with the employer’s decisions within the framework of Chapter 57 of the Labor Code of the Russian Federation, the employee may appeal to Federal service labor. You must contact the regional representative office at the employer’s location. The FTS, having examined the materials on the labor dispute, can make a conclusion about the existence of grounds for transferring a fixed-term employment contract into a permanent employment contract.

But still, the main means of protecting the interests of the employee remains the court. The specifics of going to court and the procedure are described in Chapter 60 of the Labor Code of the Russian Federation. By a court decision, the employer may be required to make the contract with a temporary employee indefinite.

In the process of labor relations, situations often arise when a temporary employee is hired onto the staff of an enterprise on a permanent basis. Can a fixed-term employment contract become indefinite? The answer to this question will be positive, subject to compliance with personnel document flow regulations. In other words, for translation you will need to complete a number of mandatory documents. Our material tells you how to do this.

Before figuring out how to convert a fixed-term employment contract (FTA) into a contract with an indefinite validity, it is necessary to clarify the differences between these two types of employment relationships. The hiring of any specialist for an official position is always accompanied by the preparation of personnel documents. In accordance with the requirements of labor legislation, this implies the conclusion of a contract.

In ordinary cases, an open-ended contract is signed, that is, without fixing the conditions for the beginning and termination of the employment relationship. But sometimes it is possible to conclude an STD with a stipulation of a period of temporary employment. What is the difference, the main differences, between a fixed-term and open-ended employment contract? For a detailed analysis, let us turn to the provisions of the Labor Code of the Russian Federation.

Fixed-term and open-ended employment contracts - differences:

• Grounds for the conclusion - an open-ended TD can be signed by any employer, while a fixed-term one can only be signed if there are conditions under stat. 59 TK. This, for example, is the hiring of a specialist to temporarily replace the main employee or registration for a short-term period (less than 2 months), etc.
• The probationary period is in accordance with stat. 70 TC when hiring a specialist in STD for up to 2 months. the trial period should not be established at all; and if the term of the TD is from 2 months. up to 6, the test period should be no more than 2 weeks.
• Grounds for termination of a contract - unlike a regular contract, a fixed-term contract can be considered terminated if one of the grounds under stat. 79 TK. This, for example, is the completion of the agreed period of validity, the completion of the required amount of work, or the entry into the place of employment of the main employee.

Note! Above we have given the main differences between an open-ended contract and a fixed-term one. However, in order for the conclusion of an effective employment contract with guarantees of legality to have full legal force, it is necessary to specify the conditions in accordance with Statute in any TD. 57 Labor Code, including labor functions, wages, basic guarantees and compensation. If for some reason certain conditions were not included in the TD, the contract should be supplemented by signing additional agreements.

How to convert a fixed-term employment contract into an open-ended one

When a fixed-term employment contract turns into an open-ended contract, the personnel officer needs to prepare a number of documents to justify the transfer of a temporary specialist to a permanent one. Standard HR regulations require the preparation and signing of an additional agreement. If neither party requested termination of the STD, it automatically moves from the category of urgent to unlimited (Part 4 of Article 58 of the Labor Code). In addition, if the contract was concluded in violation of legal norms, such a contract will also be transformed into an open-ended one. Numerous judicial practices speak about the possibility of recognizing a fixed-term employment contract as indefinite.

Transfer from a fixed-term employment contract to a permanent one - procedure

To justify the transfer of a specialist, the personnel officer must prepare a number of documents. In particular, we're talking about on an additional agreement to the STD, which specifies a clause on changing the terms of the contract validity period. According to this agreement, an order recognizing a fixed-term employment contract as open-ended is signed by the head of the employing company. Additionally, the director may approve other the necessary conditions. For example, wages, job functionality, work schedule, etc.

When transferring temporary staff to permanent ones, it should be taken into account that it is not possible to carry out such a transformation in all cases. Thus, it will not be possible to convert the STD into a regular one in cases of internship at an enterprise, or during seasonal work, as well as during alternative service and when performing work in an organization specially created for such purposes. Consequently, recharacterization of the contract is legal in situations where, firstly, both parties express consent to these actions, and, secondly, such a personnel reshuffle is not prohibited by labor law.

Transfer of an open-ended employment contract to a fixed-term one

We looked at how to act in accordance with the Labor Code so that a fixed-term employment contract becomes indefinite - a sample contract that becomes indefinite can be found on the Internet. Is it possible to do the opposite? That is, is transfer from demons allowed? fixed-term contract for urgent and how to implement it?

At its core, a CTD is a contract with a limited duration. The legal basis for signing this type of TD is very limited, and without a regulatory basis, the employer does not have the right to hire employees in this way. This means that changing the terms of employment worsens the employee’s position, but is not directly prohibited by the Labor Code. In this regard, the employer can transfer open-ended TD to the category of urgent ones, but with mandatory compliance with the grounds for transfer according to the statute. 59.

For the transformation, an additional agreement is drawn up. It contains a change in the clause with the validity period of the TD. Additionally, you can indicate innovations in the specialist’s functional responsibilities and other important points. For the agreement to be drawn up correctly, the document must be signed with the consent of both the employer and the employee. The basis for changing the validity period must comply with regulatory requirements. Along with adjusting the validity period of the TD, it is also advisable to indicate changes in working conditions.

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An employment contract is the basis for the emergence of certain legal relations between an employee and an employer. This is a document regulating the procedure for performing labor duties, rules for calculating and paying wages, cases of liability of the parties, and much more.

An employment agreement can be concluded either with or without specifying a specific validity period ().

And what distinctive features is urgent, how it is concluded, and whether it can subsequently be considered concluded for an indefinite period of time.

Legal norms

Fixed-term and open-ended employment contracts are clearly regulated in the labor legislation of the Russian Federation. The concept of an employment contract is given in Art. 56 Labor Code of the Russian Federation.

This document is considered by experts in 3 main aspects:

• agreement that regulates the implementation labor activity employee;
• title document;
• a legal fact that proves the existence of labor relations.

Article 59 of the Labor Code of the Russian Federation provides for the concept of a fixed-term employment agreement.

Definition of concepts

To distinguish between a fixed-term and an indefinite employment contract, you must first study them and understand the essence of each of them. In the first case, labor relations are established between the employee and the employer for a certain period of time. At the same time, the law states that in order to conclude a fixed-term employment contract, it is necessary to have specific reason, which makes it impossible to formalize an agreement for an indefinite period of time.

An open-ended employment contract can be characterized as a written agreement between an employer and an employee, concluded for an indefinite period of time. Such a document is drawn up in cases where the constant fulfillment of certain labor obligations is required. For a one-time project, you can conclude a fixed-term employment agreement.

Differences between a fixed-term and unlimited-term employment contract

The differences between these two transactions primarily lie in the term: a fixed-term agreement is concluded for a certain period of time. An open-ended employment contract must be concluded with the employee, except in cases provided for by law.

In particular, it is possible to establish labor relations for a certain period of time in the following cases:

• undergoing industrial practice;
• to perform specific work provided for in the contract;
• the company was created to implement a specific project;
• when performing seasonal work;
• for the purpose of sending you to work in another country;
• in the absence of an employee whose job remains (for example, during maternity leave).

When hiring a citizen, it can be established. This norm also applies when concluding a fixed-term agreement, but taking into account its features. In particular, if the contract period is less than 2 months, then a probationary period cannot be established.

The procedure for terminating a fixed-term employment contract also has some features.

Labor relations are considered terminated:

• upon expiration of the agreement;
• upon completion of seasonal work;
• after the employee who was replaced during his absence returns to work.

But even in the above cases, the employer must properly notify the employee of the termination of the employment agreement. In such situations, labor relations can also be terminated on the general grounds provided for in the Labor Code of the Russian Federation.

Advantages and disadvantages of both types

Both fixed-term and open-ended contracts have advantages and disadvantages. As an advantage of a fixed-term agreement for an employee, one can indicate cases when such an agreement turns into one concluded for an indefinite period of time. The advantage for the employer is relatively easy procedure termination.

A fixed-term employment contract can also be concluded with a pensioner and a foreigner.

The disadvantage of a fixed-term employment agreement for an employee is the possibility of its early termination (for example, if work is completed before the stipulated time). The legislation also establishes relatively short notice periods for the employee about termination of the contract.

When concluding a fixed-term agreement, the employer may have problems with. In such a situation, he is deprived of the right to terminate the contract.

An open-ended employment contract also has both pros and cons. As an advantage for the employee, one can point out a more difficult procedure for terminating the employment relationship.

In particular, his dismissal requires the presence of certain circumstances provided for by current legislation. In addition, the employee can terminate the employment relationship without any problems by notifying the employer 2 weeks in advance.

The disadvantage of an open-ended employment contract for an employee is the lack of the opportunity to receive material remuneration, which is available when concluding a fixed-term contract. A disadvantage for the employer is the employee’s ability to terminate the employment agreement without his consent.

Is it possible to arrange a transfer from temporary to untimely

Many employees who work on the basis of a fixed-term employment agreement are interested in the question of whether it is possible to transfer such an agreement to an open-ended one, and how to do this? Current legislation provides for such a possibility.

Conditions for re-registration

In practice, the initiator of re-registration is mainly the employer who wants to establish legal relations with a specific employee on on an indefinite basis. Such a transformation of relations must be formalized properly.

The law states that recharacterization of labor relations is possible only with the consent of both parties. This involves obtaining the employee's prior consent. Only after this can you proceed to drawing up the appropriate document.

At the same time, the legislation does not prohibit the implementation of reverse actions when an open-ended employment contract becomes concluded for a certain period of time. As in the previous case, the transition can be carried out with the consent of the employee.

Conclusion of an additional agreement

Changes in labor relations must be formalized by drawing up an appropriate document. In this case, the parties can renew the employment contract or draw up an additional agreement to change certain conditions.

In the first case, the fixed-term employment agreement is terminated and an open-ended contract is concluded. In the second case, a document is drawn up that is considered an integral part of a fixed-term employment agreement.

Must be properly completed.

It must contain the following information:

• data of the parties;
• information about the agreement to which the additional agreement is being drawn up;
• those points to which changes are made;
• additional items, if any.

The additional agreement must be drawn up in two copies and signed by both the employee and the employer. A sample of such a document can be found on the Internet.

When one type of contract is recognized by another

In practice, there are cases when a concluded fixed-term employment contract is recognized as executed for an indefinite period of time.

This situation mainly occurs in the following cases:

• the fixed-term agreement was concluded without the appropriate grounds provided for by current legislation (for example, if the work is not seasonal and requires permanent employment);
• the employment contract is renegotiated several times;
• the employer recognizes a fixed-term contract as concluded for an indefinite period of time.

Employer's order

In practice, very often a fixed-term employment contract is recognized as concluded for an indefinite period of time precisely on the basis of an order from the employer. Of course, the employee's consent is required.

The order must contain the following information:

• the date of its adoption;
• employee data;
• data of a fixed-term employment contract;
• the position to which the employee is appointed if changes are made.

Even if there is an order, the replacement must be carried out by concluding an additional agreement.

Automatic recognition

Current legislation provides for the possibility of automatically recognizing a fixed-term employment contract as indefinite. Recognition can be carried out in cases where the employee was not properly notified of the termination of the employment agreement. Even if the period has expired, the contract will not be terminated.

If, after the expiration of the contract, the employee still goes to work and the employer allows him to perform his job duties, the contract is considered extended for an indefinite period.

From the above it follows that the current legislation carefully regulates the procedure and rules for concluding a fixed-term employment agreement, as well as the case of its recognition as indefinite. In this case, both the employee and the employer must comply with all mandatory requirements. And if any violations are committed, the offender may be held accountable.

An employment contract is concluded with any employee who officially gets a job. With its help, the relationship between employer and employee is regulated. Contracts are divided into open-ended and fixed-term. Urgent ones are issued in accordance with certain rules prescribed in Labor legislation. One of important differences A fixed-term employment contract is its conclusion for a certain period. Next, let's consider this topic in details.

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What is a fixed-term contract, the difference from an open-ended one?

According to the legislation of the Russian Federation, an employment contract is concluded with each employee. The position of the employee in labor relations will be a higher priority for the state than the interests of the enterprise. An employment agreement can be either fixed-term or indefinite. Usually they are opposed to each other.

Let us give their definitions.

Fixed-term employment contract- a contract between an employer and an employee for a period of time limited by a time frame written on paper. In the absence of this provision, it goes into the category of contracts not limited in duration. According to the law, a reason is required to enter into this agreement. The maximum period is 5 years. When concluding numerous fixed-term contracts with one employee for the same duties, he can become permanent.

Indefinite employment contract– a contract between an employee and an organization, signed for an indefinite period. An employee is hired not for a one-time job, but for a continuous one.

The difference between such contracts is already defined in the names. In urgent terms, the boundaries of its action are indicated; in unlimited terms, this is not the case. The first must indicate the reason for signing this particular contract.

Differences in a fixed-term and unlimited-term contract:

• Time limit:
  • Urgent – ​​the end date is specified.
  • Indefinite – the period is not specified.
• Reasons for choosing the agreement:
  • Urgent - according to labor legislation, the reason for the conclusion must be indicated.
  • Indefinite – there is no this item.
• Objectives of the conclusion:
  • Urgent - an employee is hired to solve a specific task.
  • Indefinite – solving permanent problems.
• Continuation of legal relations: When a fixed-term contract ends, but the employee continues to work, then such a contract will be considered unlimited.

Basic rules for concluding a fixed-term contract

The Labor Code of the Russian Federation specifies all the conditions on the basis of which an employer must issue a fixed-term employment contract. When concluding an agreement, the reasons that led to the employment of an employee for a fixed period must be included in the agreement. The reasons must not only be given, but also proven. If this is not done, the agreement will become permanent (Article 58 of the Labor Code of the Russian Federation).

When determining the term of the contract, to avoid misunderstandings in the future, it is worth specifying the end of the term. In some cases, it is impossible to specify the validity period and expiration date of a fixed-term contract. For example, on maternity leave. The end of the agreement between the parties will be associated with the employee’s return from vacation. Such contracts indicate that their duration coincides with maternity leave.

After the agreement is signed by both parties, the employee performing personnel functions makes an entry in the work book without indicating the type.

Let us highlight the main points that should be taken into account when making a fixed-term contract:

• Seasonal work.
• The reason for the fixed-term contract is specified in the agreement.
• The duration of the trial month is no more than 2 weeks.
• Two working days of the month are due for each working month:
  • Work up to two months (coincides with seasonal work).
  • Depending on the specially created temporary organization, the term of the agreement accepted on such terms by workers depends.
  • An employee is elected to a position by election.
• The term is equal to or longer than the term for which he was elected.
• Employees assisting in the election do not work longer than the election.

When it comes to pensioners, many employers seek to conclude a fixed-term contract with them. It can only be signed by agreement on both sides. Upon reaching retirement age the manager does not have the right to transfer an employee from an open-ended employment agreement to a fixed-term one. Such employees can continue to work under the conditions specified in the original agreement.

Legal basis

As mentioned above, a fixed-term contract, by its definition, obliges the employer to indicate for what reason the employee is hired this type agreements. In other respects, fixed-term and unlimited-term agreements are similar (name of employer, position, responsibilities, rights, remuneration, etc.)

A fixed-term contract always ends after the end date specified in the contract. 3 days before the end, the manager is obliged to warn the employee. If this does not happen and the employee is in demand, his fixed-term contract is transformed into an open-ended one. This occurs by drawing up an additional agreement. If an employee is dismissed on his own initiative, the boss must be notified 2 weeks in advance.

Similarly, with an open-ended written agreement, the employee is provided with a probationary period (specified in the contract). In urgent cases - up to 6 months, the probationary period cannot be more than 2 weeks. In a number of cases, a probationary period is prohibited:

• When filling a position, selected by competition.
• Women who are pregnant or with children.
• Minors.
• Graduates educational institutions working for the first year.
• When transferring from another place of work.

There are certain nuances for pregnant women. As you know, a pregnant woman cannot be fired (with the exception of liquidation of an organization), but in determining a fixed-term agreement, the employee takes into account the time of replacement of a maternity position or the seasonality of work.

At the request of the employee, the employer is obliged to extend the fixed-term contract until the end of the pregnancy (upon presentation of a doctor’s certificate about the progress of the pregnancy quarterly). At the end of this period, the manager has the right to dismiss the woman.

Types of work and duration of the employment contract

In the case where the employment relationship cannot be concluded on long time, the employment contract is signed for a period - a fixed-term employment contract.

Let's consider the following cases:

• Temporary replacement - until the main employee returns.
• Work up to 2 months.
• Work for the season.
• Work abroad.
• Work not within the organization's profile.
• Work in an organization for a certain duration.
• Work involving employee retraining.
• In an elective position or involved in elections.
• Public Works.
• Another service.

Cases of concluding a fixed-term agreement by agreement of the parties:

• Employees joining an organization with a limited number of employees.
• Pensioners or those who are unable to work due to health reasons.
• Firms in the territory of the Far North or equivalent to them.
• Emergency prevention.
• Replacement of employees selected on the basis of a competition.
• Employees of the press, cinema, theaters, etc.
• Managers, deputies and chief accountants.
• With full-time students.
• Employees working part-time.

It is important to note that the minimum term of a fixed-term employment contract is not established by the legislation of the Russian Federation. Deadline- 5 years. If it is concluded for a longer period, then if a controversial situation arises, such an agreement will be recognized as unlimited.

Changing the duration of the contract

The legislation of the Russian Federation does not prohibit renewing a fixed-term employment contract. But with continuous confinement with the same employee, if controversial situations arise, it can become indefinite. When neither party expresses a desire to terminate it and the employee continues to work after completion, the contract also moves to the next category. If the employee is ill at the end of the agreement, the contract does not continue.

When the deadlines come to an end, but the work has not yet been completed, an additional agreement is drawn up or a new fixed-term contract is drawn up. The legislation of the Russian Federation does not prohibit both options.

Extension of this type of agreement is possible in the following cases:

• If it ended before the woman returned from maternity leave.
• When an employee is selected by competition.

Termination of a fixed-term contract

From the definition of a fixed-term contract it follows that the validity period ends with the time for which it is concluded. The employer informs the subordinate about the termination of the agreement 3 or more days before the date of dismissal. Only after this create a dismissal order.

An agreement signed for seasonal work ends upon completion of such work. Temporary replacement, stops working when a permanent employee leaves. When replacing an employee who left due to pregnancy, the fixed-term contract expires when the employee returns to work (can be extended).

Fixed-term is terminated early:

• Employee initiative.
• Agreement between employee and employer.
• Employer initiative.

At the end of the agreement, the rules are similar to an open-ended contract.

Let's summarize all of the above. The employer, when determining what type of employment contract to sign with an employee, when choosing a fixed-term one, must justify the choice in the agreement. If controversial issues arise and the illegality of this type is revealed, the contract will automatically be reclassified as unlimited.