Beneficial for the employer, but not always for the employee. The Labor Code of the Russian Federation, adopted at the end of 2001, severely restricted this practice. Now it is allowed to hire employees under a temporary contract only in strictly defined cases and taking into account some nuances.

When is temporary employment allowed?

The circumstances under which it is possible to employ workers for a certain period are listed in Article 59 Labor Code. In particular, these include hiring:

• for the period of absence of the main employee (due to illness, vacation, pregnancy, etc.);
• to perform official duties abroad Russian Federation;
• to perform predetermined work, or when the organization itself is created for a certain period (for example, for the period of creation of a certain project);
• for the passage of alternative civilian service by persons liable for military service;
• when a citizen gets a seasonal / temporary job (temporary work cannot last more than 2 months);
• during the passage of industrial / educational practice or internship;
• when electing a candidate for an elective paid position for a certain period;
• when sending an employment service client to temporary and public works;
• when it is necessary to perform functions outside the normal activities of the employing organization (for example, commissioning of equipment);
• in other cases determined by Russian legislation.

By agreement with the employee, the company has the right to register, under a fixed-term employment contract, a part-time job, a pensioner, a full-time student, a representative of the creative profession and some other persons, including the head and chief accountant (Article 59 of the Labor Code).

When hiring such a “conscript”, it is important for the company management to remember that a temporary labor contract can become indefinite if, upon expiration, none of the parties promptly demands its termination and the employee continues to work (Article 58 of the Labor Code).

How to draw up a fixed-term employment contract

There are no special differences between hiring on a temporary or open-ended contract, but there are nuances. For example, they relate to the probationary period for a new employee:

• if the validity of the labor contract does not exceed 2 months, the law prohibits the employee from setting a test;
• do not establish a test for persons elected to an elective paid position;
• if the employment contract is concluded for a period of 2 to 6 months, the probationary period may not exceed two weeks.

These requirements are contained in the 70th article of the Labor Code. The contract with the employee should indicate the reason why it is urgent, as well as the period of its validity. Without the specified information, the document is considered concluded for an indefinite period - Article 58 of the Labor Code. The same article establishes that the maximum period for which a fixed-term contract can be concluded with an employee is five years.

If seasonal work is expected under a fixed-term employment contract, it must be included in the List of such activities. In particular, it was determined by the Soviet Government Decree No. 185 of 10/11/1932 (as amended on 12/28/1988), as well as other industry regulations.

Otherwise, the employment of a citizen under a fixed-term employment contract takes place according to the standard rules established by Article 68 of the Labor Code. After its registration, the employer issues an appropriate order for employment, and also makes an entry in the work book of the "conscript". A personal card is created for an employee in the personnel department.

Additional agreement to a fixed-term employment contract

If the employer is ready to extend the term of the employment contract, he may offer the employee to conclude supplementary agreement- about changing the terms of the temporary contract. This possibility is provided for in the letter of Rostrud dated October 31, 2007 No. 4413-6. The contract includes a clause stating that “by mutual agreement of the parties, the expiration date of the employment contract was changed from ... to ...” (it is incorrect to write “extended” since the Labor Code does not provide for such wording). However, the maximum possible 5-year total term of such an agreement should not be exceeded.

The supplementary agreement usually states that other clauses of the contract with the employee remain unchanged. It also specifies the date of compilation and the number of prepared copies, the parties put their signatures.

The procedure for the employment procedure individuals determined by the Labor Code of the Russian Federation. It states that employment contracts must be concluded between the parties, the duration of which can be unlimited.

If it is necessary to urgently formalize an employment relationship with an individual, employers need to take into account some of the nuances. Fixed-term contracts can be drawn up in the following cases:

1. If an employment relationship cannot be formalized between the employer and the employee for an indefinite period, as this is facilitated by certain factors, such as the specifics of the work or the conditions set for its implementation (Labor Code of the Russian Federation, Part 1, Article 59, determines for how long fixed-term employment contract):

• performance of seasonal or temporary work (their duration does not exceed 2 months);
• performance of duties of a full-time employee (temporarily absent), who retains his place;
• employment of persons who are sent abroad to work, to serve in the army, to participate in elections;
• work under a fixed-term employment contract, which provides for reconstruction, repair, commissioning, etc.;
• employment in a company that was created for a certain period;
• for internships, internships or advanced training, etc.

1. The Labor Code of Russia (part 2 of article 59) provides for situations when it is possible to conclude a fixed-term employment contract by mutual agreement of the parties:

• the employer, in particular the individual entrepreneur, is the subject entrepreneurial activity(the number of employees does not exceed 35 people; for retail trade and the service sector, a staff of 20 people is established);
• an employment contract is concluded with pensioners;
• employment in companies located in the regions of the Far North;
• conclusion of an agreement with individuals who have won a competition to fill a specific vacancy;
• formalization of labor relations with creative people(The Labor Code of the Russian Federation determines for how long a fixed-term employment contract is concluded when hiring);
• employment of managers, their deputies, chief accountants and their assistants;
• registration for the work of students (who chose the full-time form of education);
• employment of seafarers (sea-river);
• individuals - part-time workers, etc.

In all other situations, the conclusion of a fixed-term contract by law will be recognized as unlawful, even if an individual expresses his willingness to work on such conditions.

How is a fixed-term employment contract processed?

Under fixed-term employment contracts, individuals are hired in the manner prescribed for traditional registration. This procedure differs from the traditional procedure for formalizing labor relations in only a few nuances.

How to draw up an order for employment under a fixed-term employment contract?

The application for employment under a fixed-term employment contract, which is written by each potential candidate for a specific position, is a handwritten document on paper. In it, an individual sets out his application related to employment. Article 65 of the Labor Code of the Russian Federation defines full list documents that, in addition to the application, are drawn up by individuals when drawing up employment contracts (urgent).

Taking into account the labor legislation of Russia, an application for employment under a fixed-term employment contract (a sample can be found on specialized Internet resources) should not be compulsorily classified as mandatory documentation required for employment. The only official document that will confirm the fact of the beginning of a working relationship between an employer and an individual is an employment contract. It should reflect not only all the main terms and conditions, but also the terms. It is this document, in accordance with the Labor Code of the Russian Federation, Part 1, Thu. 68, will be the basis for the head of the company to issue an order (a sample order for employment under a fixed-term employment contract can be found on the Internet, on thematic sites) on the employment of an individual. Therefore, the fact of the emergence of an employment relationship between the employer and the employee will not be affected by the absence or presence of the application.

Today, many business entities - employers have begun to abandon the outdated practice of employment of individuals (it provided for the mandatory filling out of an application for employment under a fixed-term employment contract, a sample of which was transferred to the candidate for the position). But, if the personnel document flow of the company provides for the presence of an application in the personal file of a full-time employee, then the potential employee should be invited to fill out this document. Usually, at each enterprise, at the information stand, a sample application for employment under a fixed-term employment contract is hung, which individuals can use when compiling this document.

Its form is not approved at the legislative level, so the employer can independently develop an application form in which the header with its details will already be filled out. An individual enters the necessary information by hand, indicates the date and puts his signature.

Sample application letter for a fixed-term employment contract

Director of the Limited Liability Company "Gerda"

Vasiliev E.P.

from Alekseeva V.K.

Statement

I ask you to temporarily accept me for the position of an assistant accountant at Gerda LLC in place of an employee who is absent from work due to vacation (care for a child under 3 years old).

Alekseeva

This sample application for employment under a fixed-term employment contract contains all the required details and information for the employer.

The procedure for concluding a fixed-term employment contract

An employment contract (fixed-term) should include the following points:

• the term for which the employment relationship is concluded;
• the reasons that forced the employer to conclude a fixed-term contract with an individual.

The Labor Code in force on the territory of the Russian Federation defines maximum term for which such agreements may be entered into. It is 5 years from the date of signing the document by the parties. In the event that no time frame is established when drawing up a fixed-term employment contract, it will be considered concluded by the parties for an unlimited period. For example, a fixed-term employment contract is valid for 1 year. This document was concluded by the parties by mutual agreement. A new employee registered under a fixed-term employment contract will be probation according to the general rules

sample letter of request for employment under a fixed-term employment contract

includes all necessary information).

When establishing a probationary period, business entities - employers should be guided by the Labor Code of the Russian Federation, Art. 70. In accordance with the Federal Law, it cannot exceed 3 months, but the legislation defines some situations in which the probationary period can be extended to six months:

• when hiring employees for senior positions (including the deputy director);
• when hiring individuals for the position of chief accountant and his deputy;
• when an employee is appointed to the position of head of a separate structural unit of the company (branch, representative office, etc.).

When an employment contract (fixed-term) between the management of the company and an individual is concluded for no more than 2 months, then a probationary period is not established for him. If an employment contract (fixed-term) is concluded for a period ranging from 2 months to six months, then the employee's test can be carried out for 2 weeks.

Order for employment under a fixed-term employment contract

If a commercial organization already uses or plans to use unified forms of documents in their work, then when hiring individuals, they need to issue orders in the form:

• No. T1 - hiring one employee;
• No. T2 - hiring several individuals at the same time.

In this order in without fail the terms for which the fixed-term employment contract will be valid should be reflected.

Order on employment under a fixed-term employment contract (sample)

Unified form No. T-1
Approved by the Decree

State Statistics Committee of the Russian Federation

Order on hiring an employee

___Alekseeva Vera Konstantinovna ___________

(Full Name)

_______________________________to accounting _________________________________
(structural subdivision)

________________________ assistant accountant _________________________________
(position (specialty, profession), category, class (category) of qualification)

_____________employment during Savelyeva's absence ______________________

________________Anna Petrovna, who is absent due to __________________

___________________leave to care for a child of 3 years _____________________________
(conditions of employment, nature of work)

45 000 rubles ___________________________________________
with a tariff rate (salary)
___________________Forty-five thousand rubles 00 kopecks __________________________
(in numbers)
Surcharge ____________ rub. ______ cop.

__________________________________________________________________________
(in numbers)

With a trial period _______ three __________________________________ month(s)

Head of the organization ________________________________ E. P. Vasiliev
(personal signature)
M.P.

The employee is familiar with the order (instruction) ___________________ Alekseeva V.K.
(personal signature)
November 04, 2016

After the manager issued an order for hiring under a fixed-term employment contract (a sample of which is located higher in the text), the employee of the personnel department draws up a new employee in the state, he makes an entry (corresponding) in the work book.

Filling out a work book

Filling in the employee's work book is carried out in accordance with the general rules. At the same time, it should be noted that the probationary period when hiring under a fixed-term employment contract is not indicated.

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How to apply?

If, after the expiration of the term of the employment contract, neither of the parties initiated its termination, it automatically goes into the category of an indefinite one.

Admission order

After the employment contract is signed, an order for employment is issued. The form of the order will be normal, as a rule, use the unified form T-1 or T-1a. The order must indicate that the employee was hired temporarily and either indicate the end date of the contract, or an event.

You can download the order for employment under a fixed-term employment contract .

Familiarization of the employee with the order against signature

The employer must familiarize the employee with the order for employment within three working days from the date of its signing. The employee puts his signature and the date of familiarization.

After that, a copy of the order is sent to a personal file. Another copy is sent to the accounting department for payroll.

Entering an entry on employment in the employee's work book

Regardless of how long a temporary employment contract is concluded, the employer must fill out for the employee.

The employer should not be misled by the indication of Article 66 of the Labor Code of the Russian Federation, which says that the employer is obliged to keep a work book for each employee who has worked for him for more than five days. In this case, the five-day period gives time for the execution of all documents, and does not relieve the obligation to conduct labor if the contract is less than five days.

The rules for filling out work books do not single out a fixed-term employment contract, therefore, a record of work is made according to general rules, that is, without indicating the period of work.

Employment under a fixed-term employment contract

For example, to replace a temporarily absent employee or to perform a certain work, after which there is no need for personnel. An urgent contract is concluded only in cases provided for by law, and with a justification of the reason why this particular type of labor relationship was chosen. Let's talk today about the features of the design of such an agreement.

What is the procedure for registering an employee under a fixed-term employment contract?

At the first stage the organization enters into an employment contract with the employee. The contract must necessarily indicate the period of its validity, as well as the circumstances (reasons) that served as the basis for a certain period in accordance with the law (part 3 of article 58, paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation). The term can be set as a specific date (if it is known at the time of the conclusion of the contract) or by indicating a specific event.

For example, wording of terms and reasons might be:

• - "a fixed-term employment contract was concluded for a period from May 11, 2012 to May 11, 2013 for work that goes beyond the normal activities of the employer (reconstruction industrial premises), part 1 of Art. 59 of the Labor Code of the Russian Federation";
• - "a fixed-term employment contract is concluded for the period of performance of the duties of an absent employee, for whom, in accordance with labor law the place of work is retained - HR specialist Olga Petrovna Sergeeva, who is on parental leave, until she leaves the said leave, Part 1 of Art. 59 of the Labor Code of the Russian Federation".

As you understand, at the time of concluding a fixed-term employment contract, the specific date of its termination is not always known. For example, if a citizen is accepted to perform the duties of a temporarily absent employee (paragraph 2 of part 1 of article 59 of the Labor Code of the Russian Federation), sometimes it is impossible to accurately determine the date the latter went to work. In the case of admission to perform obviously certain or seasonal work (paragraph 4, 8, part 1, article 59 of the Labor Code of the Russian Federation), it can also be difficult to determine the moment the work or season ends to the nearest day. In this case, the term for the end of the employment relationship in the contract and the order for employment, write not the date, but an indication of a specific event. For example, "before signing the acceptance certificate for work on accounting"," before the end of the harvest season (June-October) ". This way you can avoid possible inconsistencies in time between the actual end of work and the date set by the document.

The fixed-term employment contract also includes other mandatory conditions in accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation. In addition, it can provide additional terms, for example, a test condition (part 3 of article 57 of the Labor Code of the Russian Federation).

Before signing the contract, the employee should be familiarized with the Internal Labor Regulations, other local regulations directly related to his work activity, as well as the collective agreement, if it is in the organization (part 3 of article 68 of the Labor Code of the Russian Federation).

At the second stage the organization issues an order for employment in the form No. T-1 or No. T-1a, if several employees are registered under a fixed-term employment contract at once (part 1 of article 68 of the Labor Code of the Russian Federation). In the requisite of the order "Date" it is necessary to fill in both cells: "from" and "to" - in accordance with the employment contract. The order must be familiarized with the employee under the signature within three days from the date of the actual start of work (part 2 of article 68 of the Labor Code of the Russian Federation).

At the third stage the organization draws up an employment record for the employee must be entered into it in the general manner, in accordance with clause 3.1 of the Instruction, approved. Decree of the Ministry of Labor of Russia No. 69 dated October 10, 2003. The employment record does not require an indication of the term of the employment contract (Rostrud letter No. 937-6-1 dated April 6, 2010).

At the fourth (final) stage the organization fills out a personal card for the employee in the form No. T-2 (clause 1.1 clause 1, clause 2 of the Decree of the State Statistics Committee of Russia No. 1 of January 5, 2004).

With what categories of employees is the organization obliged to conclude a fixed-term employment contract?

It is obliged to conclude with employees who are accepted:

• for the duration of the performance of the duties of an absent employee, for whom the place of work is retained;
• to perform temporary (up to two months) work;
• to perform seasonal work, when due to natural conditions You can work only during a certain period (season);
• to be sent to work abroad;
• for work that goes beyond the normal activities of the organization (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;
• in organizations created for a predetermined period or for the performance of a predetermined certain work;
• to perform predetermined work, when its completion cannot be determined by a specific date;
• to perform work directly related to the internship and vocational training employee;
• as a result of being elected for a certain period to an elected body or to an elected paid position;
• in the direction of the employment service for temporary and public works;
• in other cases provided for by law.

Confirmation: Part 1 of Art. 59 of the Labor Code of the Russian Federation.

With what categories of employees is the organization entitled to conclude a fixed-term employment contract?

The right to conclude with the following categories of employees:

• applicants for work in small business organizations, the number of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
• pensioners by age, as well as with citizens who, for health reasons, in accordance with medical opinion only temporary work is allowed;
• citizens 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;
• citizens who are accepted for urgent work to prevent catastrophes, accidents, epidemics, epizootics and eliminate their consequences;
• citizens elected by competition for the relevant position held in accordance with the procedure established by law;
• creative workers means mass media, cinematography organizations, theaters, theater and concert organizations, circuses in accordance with the lists of works, professions, positions of these workers (List approved by Decree of the Government of the Russian Federation No. 252 of April 28, 2007);
• heads, deputies and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;
• full-time students;
• crew members sea ​​vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Vessels;
• part-time workers;
• in other cases provided for by law. For example, with professional and trainers (parts 1, 2 of article 348.2 of the Labor Code of the Russian Federation).

Confirmation: part 2 of Art. 59 of the Labor Code of the Russian Federation.

For how long can an organization enter into a fixed-term employment contract?

The right to conclude for a period not exceeding five years.

Another period may be provided for by the Labor Code of the Russian Federation or federal laws. If a specific, longer term of the employment contract is not established by law, one should be guided by the general rule (part 1 of article 58 of the Labor Code of the Russian Federation).

The minimum term of an employment contract is not established by law. The organization has the right, by agreement with the employee, to conclude a fixed-term employment contract, for example, for several weeks or months. Yes, ch. 45 of the Labor Code of the Russian Federation provides for the possibility of concluding an employment contract for a period of up to two months. It is not forbidden to conclude an employment contract for a period of several days. However, it should be borne in mind that the employer is work books only for employees who have worked for him for more than five days, if the work is the main one for them (part 3 of article 66 of the Labor Code of the Russian Federation).

Conclusion: for the full and correct registration of labor relations, as well as the high-quality performance of the labor function, it is not advisable to establish a too short (up to five days inclusive) term of the employment contract.

Does an organization have the right to extend the term of a fixed-term employment contract that has expired without firing the employee?

Not eligible to renew general rule), with some exceptions.

A fixed-term employment contract may be extended without terminating it only if:

• the employee previously held the position of a scientific and pedagogical worker under a fixed-term employment contract, and then was elected to the same position by competition (part 8 of article 332 of the Labor Code of the Russian Federation);
• the term of the employment contract expires during the period of the woman's pregnancy. In this situation, the employer, at the request of the woman in writing, is obliged to extend the term of the employment contract until the end of pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation);
• a professional athlete has entered into a fixed-term employment contract with a temporary employer and at the end of this contract, neither the athlete nor the employer requires its termination. In this case, the contract can be extended for a period established by agreement of the parties, or for an indefinite period (part 7 of article 348.4 of the Labor Code of the Russian Federation).

When extending a fixed-term employment contract with a woman until the end of her pregnancy, the employee must, at your request (but not more than once every three months), submit a certificate of the state of pregnancy to the organization. Based on this certificate, you will find out about the presence (absence) of pregnancy and will be able to decide in time to terminate the extended employment contract if the woman actually continues to work after the end of pregnancy (part 2 of article 261 of the Labor Code of the Russian Federation).

A professional athlete has the right, under a valid employment contract with one employer, to conclude a fixed-term employment contract with another employer, if the former cannot ensure his participation in sports competitions. In this case, the initially concluded employment contract will not be considered terminated, but temporarily suspended (parts 1-3 of article 348.4 of the Labor Code of the Russian Federation).

In other cases, the extension of a fixed-term employment contract is not provided for by law.

It is necessary to distinguish between the extension of the term of an employment contract and the renegotiation of the contract for a new term. If the employer wishes to renew a fixed-term employment relationship with the employee, he must, after the expiration of the contract, draw up and then re-conclude with him a fixed-term employment contract in accordance with Art. 58, 59 of the Labor Code of the Russian Federation. For example, this order applies:

– for employees sent to work in Russia abroad. At the end of the term of the employment contract, which is concluded for a period of up to three years, the contract can be renegotiated for a new term (part 1 of article 338 of the Labor Code of the Russian Federation);

- heads of organizations, regardless of their organizational and legal forms and forms of ownership in the event of their election (appointment) for a new term (paragraph 8, part 2, article 59, part 1, article 275 of the Labor Code of the Russian Federation).

If an organization plans to establish an employment relationship for an indefinite period with an employee who works under a fixed-term employment contract, then neither the employer nor the employee should simply declare its termination at the end of the contract. Then there will be a transformation of a fixed-term employment contract - the condition on the term will become invalid and it will be considered concluded for an indefinite period. Such a change in the status of the contract must be documented - sign an appropriate additional agreement with the employee (part 4 of article 58 of the Labor Code of the Russian Federation, letter from Rostrud No. 1904-6-1 dated November 20, 2006).

Employers can hire employees for any period, the legislation supports this possibility and describes individual rights for temporary and permanent workers. When a short-term is needed to perform specific amounts of work or for a certain period, it is easier to draw up an employment order for a job, a sample of which will be issued to the applicant.

A fixed-term employment contract has several nuances and its own hiring procedure, which should be studied before agreeing to the offer.

Before applying for a job under a fixed-term employment contract, a sample of which is provided to the employee, it is necessary to draw up a contract that indicates two main reasons and conditions that identify it as urgent. First of all, the term or amount of work must be agreed upon, upon completion of which the business relationship will exhaust itself.

Then it is necessary to indicate the grounds on which this applicant is hired, and the conditions under which he will be removed from office ahead of schedule. The latter is negotiated individually with the employee and can be supplemented at his request.

This will allow, in the event of a change in the scope of work not stipulated in the contract, to receive compensation and leave the project so that you cannot be used as a temporary slave through the loopholes described in the fine print. It is also worth remembering that it determines the validity of such contracts for no more than 5 years.

Even if you do not have time to complete all the tasks set, then exceeding this limit makes hiring under a fixed-term employment contract legally impossible, and you can legally terminate such a relationship, with the payment of the funds promised for work.

But here there is a small nuance, because a fixed-term employment contract by agreement of the parties, a sample of which is provided to both, must be terminated, but you can conclude an identical contract with the same conditions for the same period, if necessary. Also, a sample order for admission under a fixed-term employment contract can be used as a foundation for extending business relations, without concluding new contracts, if the total period does not exceed the same 5 years.

So, you can work in a company for a couple of months on a trial period, and then you will be offered to continue cooperation for a year or two.
As a result, such relations can become permanent, in which case the fixed-term contract becomes a contract on a permanent basis, but this is possible only with the consent of both parties.

Therefore, fixed-term employment contracts are used by some employers for trial periods and if they are looking at a specific person, but are not ready to provide him with a full-fledged social security. package at the moment.

Admission order

If the application for admission under a fixed-term employment contract, a sample of which you should be given, is accepted, then the employer must issue an appropriate order, from the moment it is issued, the countdown of the contract begins. Such a document is drawn up in the form No. T-1, approved by the resolutions of the State Statistics Committee of the Russian Federation.

Sample order for employment under a fixed-term employment contract to perform work:

For a while maternity leave:

When applying, it is mandatory to fill in the column in the right upper corner, where after "To" there should be the term of your conditional "dismissal". It can also be supplemented by certain circumstances in which the relationship is terminated ahead of schedule, but they are negotiated with both parties and cannot be added without the knowledge of the applicant or employer.

Count "Terms of Acceptance" fill in the relevant data, which indicate the duties of the applicant and the amount of work that he needs to perform in the agreed periods of time or in general if he takes part in a large project. In addition, the order must contain the following information:

1. The official name of the company indicated in the Unified State Register of Legal Entities or EGRIP.
2. Details of the employee and the employer, according to which the transfer of wages will be made.
3. The position and qualifications of the hired person.
4. If the company has branches or structural units where is it heading new employee, you must also specify this.
5. Salary and pay period. If the contract is concluded for a short period, for example, for a month, you can specify the total amount for the project and payment upon its completion.
6. If a fixed-term contract is concluded for a period of six months or more, then there may be a probationary period, the failure of which is automatically considered a condition for the early termination of relations with the employee and may not be specified separately in the document.
7. Signatures of both parties.

But before the admission is made under a fixed-term employment contract, it is necessary to submit a correctly executed application addressed to the head of the company. Even if the job was originally offered to you by the firm, this document is a necessary formality.

Application rules

If, in order to draw up an order for a fixed-term employment contract, a sample of it must be drawn up according to specific rules, then the application is drawn up without certain requirements, not taking into account the main points of processing such documentation.

An application for a fixed-term employment contract does not have specific registration rules.

So, the employee must indicate the name of the director to whom this application is being submitted, but this can be done either manually by writing it on sheet A4, or by filling out everything in word. There are no specific requirements in this regard, unless they are established by the employer himself, who will be more comfortable passing the printed paper to the personnel department, without having to parse your calligraphy.

Among other things, a fixed-term employment contract, an employment order, the sample of which is described above, is issued on the basis of an application that also indicates:

1. Surname and name of the applicant.
2. Surname and name of the director to whom this document is written.
3. Desired position in the named organization.
4. Details of the employee to which wages will be sent.
5. Reasons and estimated date of hiring a new employee.

Before submitting an application, in order to draw up a fixed-term employment contract by agreement of the parties, you will need to collect several documents that must be attached to it.

Documents required for employment under a fixed-term contract

It should be taken into account here that various organizations and professions can change the list of documents required for the device. But often enough for you:

1. Passport or its copies.
2. Documents on secondary, special or higher education depending on the desired position.
3. Labor book. But if it was lost or it is the applicant's first job, the employer is obliged to issue this document without the participation of the applicant.
4. Specific certificates, for example, for the position of a cook and a catering employee, these should be confirmations of vaccinations and a whole list of auxiliary medical examinations.
5. A military ID or a conclusion on military registration, if the employee is liable for military service.
6. An extract on the absence of a criminal record is also provided only at the request of the employer.

Only after submitting all this documentation can you proceed directly to the conclusion of an employment contract, which is an intermediate link between the application and the order of appointment. Here it takes place with the director of the company or an employee of the personnel department, where it is necessary to discuss the main issues regarding the workplace and the conditions of work provided. It is at this moment that the employee must be notified of the nuances of early termination of employment, which will be prescribed in his contract.

How is

An agreement is concluded subject to the obligatory presence of both parties and, if possible, their lawyers, but there is no direct need for this. But it often turns out that you are provided with a company lawyer or personnel officer who controls the viewing and subsequent signing of the papers. He is obliged to answer all your questions and explain or resolve controversial issues. In case there are any misunderstandings in the future, you can record communication with a company representative on a voice recorder, but on condition that you warn him about your intentions.

It is also worth immediately discussing controversial issues, some of which may violate current legislation or the constitution of the Russian Federation.

For example, the number of working hours with a minimum wage per output. Or another favorite point when concluding a contract in large companies “Non-disclosure of your wages”.

If you meet this, you can directly demand from the personnel officer to remove these conditions due to a violation of your rights.

In the same way, you can demand to remove or add some items. Here it is important to reach a consensus and get at least some guarantees under the contract.

Contract guarantees

Guarantees - this is what both parties in the contract most often fight for, if the applicant is a specialist and knows his own worth. After all, both the employer and the employee want to get the most comfortable retreat conditions in the event that something goes wrong. It all depends solely on how much you need a particular company. After all, someone will be ready to give up even compensation if the project is closed, and some firms, on the contrary, will make conditions so strict that various fines will be imposed on you for delaying any work by one day.

Again, it all depends on how much you need a particular job, how much the employer needs you and how you evaluate yourself. Often, the conversation about guarantees under the contract comes at a time when all the main nuances have already been agreed upon and the final stage of the interview is approaching, before the release of the order. But here you should not relax, and if possible, try to knock out the most comfortable guarantees in case of termination of the contract.