Employers who need the services of hired personnel do not always want to hire people on a permanent basis. The law allows in certain situations to conclude a fixed-term employment contract with an employee, which will be relevant only for a strictly defined time period. This type of relationship is formalized taking into account important legislative nuances.

The epithet "urgent", usually associated with fast speed, in the name of this agreement comes from the word "term", that is, a set period of time.

With the help of this definition, the difference between such relations and standard ones, which are built on an indefinite time of cooperation, is expressed.

When concluding an indefinite, or ordinary, date the employee begins to perform his functions, and the time of dismissal and its reason are not determined. Whereas a fixed-term employment contract is such a documentary form of registration of the employee-employer relationship, when the conditions for parting and its time are determined in advance.

In Art. 56 of the Labor Code of the Russian Federation declares the obligation to draw up an employment contract during employment with an indication of the validity period as an essential condition. The procedure for registration of temporary employment is regulated in Art. 59 of the Labor Code.

The main difference between a fixed-term employment contract and an indefinite one is that the first can be concluded only when the second is objectively impossible, and the reason must be justified in the text of the contract and provided for by law.

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Important! The consent of the employee and the desire of the employer do not matter when choosing the form of an employment contract - fixed-term or indefinite. The execution of an employment contract must be carried out in accordance with the legal grounds strictly defined in the Labor Code of the Russian Federation. Otherwise, an illegally concluded fixed-term employment contract will be reclassified into an open-ended one.

How long is a fixed-term contract?

In the test of this agreement, it is necessary to indicate not only the date of the beginning of the employment relationship, but also determine their final. The maximum period of a fixed-term contract is 5 years. If you specify a longer period, such an agreement will turn into an indefinite one.

For the legitimacy of the time limit, the contract should reflect its scope:

• designate a specific date for the termination of relations (within five-year boundaries);
• give an event, the occurrence of which authorizes the termination of the employment contract.

Attention! If one of these conditions is not present, the contract legally turns into a regular one - with an indefinite period of validity. The minimum term for concluding an employment contract is not provided by law.

Final date

In the first case, even the date specified in the contract does not mean automatic dismissal: the employer is required by law to inform the employee about the upcoming separation three days in advance, and in writing. Otherwise, the expiration of the contract will not be grounds for dismissal, and if it does take place, the employee will be able to challenge it.

Without warning the employee, the employer, as it were, agrees with the extension of the fixed-term contract for an indefinite period, that is, its retraining into an indefinite one - this is how the Labor Code interprets this situation.

border event

It is impossible to predict the occurrence of the event indicated in the contract, which means that it will not be possible to warn the parties in advance. Therefore, there is no temporary “backlash” here - the foreseen event unequivocally breaks the fixed-term employment contract. Usually, such an event provides for the entry into the service of the main employee, in whose place the temporary worked.

With whom you can conclude a fixed-term contract

This type of employment agreement is concluded with one of the categories of hired personnel under the following conditions:

• the nature of the work does not allow foreseeing the duration of the required employment;
• the duration and ending of the labor relationship is obvious.

An employment contract is the main and initial document, with the conclusion of which the relationship between the employee and the employer begins. In it, the parties fix mutual rights and obligations, terms of reference, working conditions. Often, a standard document is used for this without specifying the expiration date for its validity. But in some cases, fixed-term contracts are used, in which it is stipulated in advance for how long the employee is hired. The current legislation does not fix a single form or sample for this document. However, there are general rules for compiling official papers that should be followed. Let us consider in more detail the specifics of a fixed-term contract and the rules applicable to it in 2016.

Features of a fixed-term employment contract

For the most part, labor relations use open-ended contracts between the employee and the employer. At the same time, both parties do not know when and under what conditions their relationship will end. On the one hand, this is convenient, since the worker is confident in the future and knows that he will have a job and a livelihood. On the other hand, the employer does not know how long the employee will work, whether he will correspond to his position in the future, etc.

In the conditions of urgent labor relations, both parties are interested in ensuring the most fruitful and effective cooperation. Then the employee will regularly improve his professional level and qualifications, and the management of the enterprise will create comfortable working conditions and offer competitive wages in order to retain good staff.

Often, an employment contract is concluded for a period of 1 year, although this period can be either reduced or extended. The maximum duration of a fixed-term contract can be 5 years.

Attention! If the document is concluded for a period of more than 5 years, then it is considered unlimited and the employer does not have the right to dismiss such an employee upon expiration of the contract.

In what cases is it used?

In accordance with current legislation, a fixed-term contract is used for employment relationships that cannot be concluded for an indefinite period. At the same time, the specifics of the enterprise's activities, the duties of a particular employee, working conditions, etc. are taken into account.

Thus, this kind of document is used for:

• Performing temporary and seasonal work;
• Replacement of an absent employee;
• Settlement of relations with employees sent to work abroad;
• Performing work with predetermined time frames;
• Persons sent to enterprises by the employment center to perform public works or to improve their skills and prof. training and more.

In addition, a fixed-term contract may be concluded without taking into account the specifics of the upcoming work if a person goes to work:

Attention! A fixed-term contract should not be entered into to evade or limit the legal rights of workers.

Termination of an agreement

As is clear from the specifics of this employment contract, the main reason for its termination is the completion of the action. However, it should be borne in mind that the expiration of the term in itself is not the basis for dismissal. In this case, it is necessary that one of the parties take the initiative to terminate the contract. In this case, the employer must notify the employee in advance of, no later than 3 days.

Tip: If, after the expiration of the term of the employment contract, the employee continues to come to work and perform his duties, then the contract becomes indefinite.

In practice, with multiple extensions of such a document for the same position, providing for the performance of the same work, such an agreement can be recognized as open-ended. However, this requires a court decision.

Design specifics

In addition to the duration of the contract, it indicates a complete list of duties, working conditions and. The document establishes the procedure for remuneration. In addition, it must describe the conditions that became the basis for concluding a fixed-term contract.

An indication of the responsibility of the parties for early termination of the contract is not mandatory, but most often it is stipulated, along with emergency and force majeure situations.

Issues regarding non-disclosure of working information, financial responsibility, obtaining additional prof. education and advanced training.

A fixed-term employment contract is a special document used in exceptional cases when a standard indefinite document cannot be used.

Fixed-term employment contract: video

A fixed-term employment contract - any employer may need a sample of it - is concluded for a certain period. However, the fixed-term employment contract of the 2019 model has a number of differences from the usual open-ended employment contract. Consider the features of drawing up a fixed-term employment contract with employees.

Features of a fixed-term contract

These variants of contracts are combined by the rights of the employee prescribed in them and the guarantees that the employer is obliged to provide to him. The employee, in turn, must obey the rules of the internal labor regulations and conscientiously perform their functions. A fixed-term contract, as well as an open-ended one, can be changed.

The situation of concluding a fixed-term employment contract becomes special for the following reasons:

• Possible grounds for its registration are determined by law and should be given in the text of the contract (Article 57 of the Labor Code of the Russian Federation).
• The term of the contract cannot exceed 5 years and must be indicated in the text.
• It is allowed to requalify the contract into an open-ended one (Article 58 of the Labor Code of the Russian Federation):
  • if the text does not indicate the basis for concluding such an agreement or if this basis does not comply with the restrictions established by law;
  • the absence of a reference in the text to the validity period or the continuation of work after the expiration of the period established for the contract.
• The duration of the leave due to the employee is calculated on the basis of 2 working days for each month of work with a fixed-term employment contract of up to 2 months (Article 291 of the Labor Code of the Russian Federation).
• The condition for establishing a probationary period is subject to its own rules (Article 70 of the Labor Code of the Russian Federation).

Employment for a fixed period, as well as with an indefinite contract, is issued by order. The content of the order must comply with the data of the employment agreement. If there are discrepancies in these documents, the text of the agreement shall prevail.

Read about the features of issuing an order when applying for a temporary job in the material "Unified form No. T-1 - download the form and sample" .

Grounds for concluding a contract for a fixed period

The grounds that allow the conclusion of a fixed-term contract are divided into 2 groups (Article 58 of the Labor Code of the Russian Federation):

• mandatory, in which the nature or conditions of work do not allow the establishment of other relationships;
• voluntary, when parties to the agreement may be persons of certain categories.

The first group is formed by such situations (Article 59 of the Labor Code of the Russian Federation):

• replacement of a temporarily absent employee;
• the work is temporary (no more than 2 months) in nature;
• performance of work is tied to a certain season;
• the employee is sent abroad;
• the work is not usual for the employer, but is associated with the reconstruction of production and is obviously temporary;
• the legal entity-employer was originally created for a certain period of time or for some kind of work;
• the result of the assigned work cannot be tied to a specific date;
• work during practice, vocational training, internship;
• election to an elected body, to an elective position or employment providing for the activities of such bodies;
• temporary or public work in the direction of the employment service;
• alternative civilian service.

The second group includes (Article 59 of the Labor Code of the Russian Federation):

• persons entering work for employers who are SMEs (including individual entrepreneurs) with up to 35 employees, and for those employed in retail trade or consumer services - up to 20 people;
• old-age pensioners and persons who, for health reasons, are not capable of permanent work;
• persons moving to work in organizations located in the Far North or in areas equivalent to it;
• persons involved in work intended to prevent, eliminate or eliminate the consequences of emergency situations;
• persons who have taken office as a result of a legally necessary competition;
• creative workers according to the list approved by the Government of the Russian Federation;
• heads of legal entities, their deputies and chief accountants;
• persons studying full-time;
• crew members of all types of vessels registered in the Russian International Register;
• workers registered on a part-time basis.

The following options are also possible:

• If it becomes necessary to replace the second absent employee with the same temporary worker, then you can conclude 2 fixed-term contracts with him (one of which will be an agreement with a part-time worker) or make changes to an existing one by issuing an additional agreement to it on replacing 2 employees at the same time.
• It is possible to accept a temporary worker to replace an employee who is hired under a fixed-term employment contract, but for some reason will be temporarily absent from work. Here, the grounds for termination of the contract will be the return to work of any of the replaced employees.

Trial in the case of a fixed-term contract

The establishment of a probationary period for a fixed-term contract, as well as for an indefinite one, is not mandatory. But if there is an intention to install it, then you must remember that:

• it is not set for a contract period of up to 2 months.
• it cannot be more than 2 weeks with a contract term of 2 to 6 months.

The condition for the establishment of the test must be fixed in the contract.

Who should not be placed on probation when applying for a job, see.

Termination of a fixed-term contract

If there are no grounds for re-qualifying the contract as open-ended, then its validity will expire:

• within the period specified in the text (clause 2, article 77 of the Labor Code of the Russian Federation), about which the employee must be warned at least 3 days in advance (article 79 of the Labor Code of the Russian Federation), if the contract is not related to replacing an absent employee;
• with the onset of an event to which the term of the contract is attached (Article 79 of the Labor Code of the Russian Federation): the employee who has been replaced, the end of the season or the assigned work.

Exceptions may be situations related to pregnant women whose contract expires during pregnancy (Article 261 of the Labor Code of the Russian Federation):

• at the request of the employee, the contract may be extended until the end of this state;
• if pregnancy requires a transfer to another job corresponding to the woman’s condition, and the employer has nothing to offer or the woman does not agree to this job, then the contract is terminated before the end of the pregnancy.

As well as a contract that is valid without a term, a fixed-term contract can be terminated on other grounds specified in Art. 77 of the Labor Code of the Russian Federation, for example, by agreement of the parties or the initiative of the employee, due to a change in the essential terms of the contract, in connection with a disciplinary sanction, or with any external circumstances.

About what claims may arise against the employee in relation to labor discipline, read the articles:

• “What is considered late under the Labor Code?” ;
• “How to arrange absenteeism for an employee according to the Labor Code of the Russian Federation?” .

Sample contract for a fixed period

An employment contract is a document that does not have a strictly binding form, but implies the obligation to include a certain set of information in it.

Who is obliged to use a standard employment contract, find out from this publication.

Employers can independently develop the form that they will apply, or they can use a unified form of an employment contract.

What the unified form of the employment contract looks like, see the link.

For fixed-term and perpetual contracts, the data, the presence of which is mandatory in the text, largely coincide. Therefore, they often use a general form for them, providing for the sections necessary for filling out under fixed-term contracts.

Recall that the fixed-term contract should reflect:

• its validity period, established either by a specific date or by the occurrence of a specific event;
• an indication of the reason for concluding a contract for a period, and this reason should be among those listed in Art. 59 of the Labor Code of the Russian Federation.

A sample fixed-term employment contract can be found on our website.

Extension of a fixed-term employment contract for a new term

Repeated extension of a fixed-term employment contract for a new term may entail its retraining into an open-ended employment contract, especially if the same labor function is expected to be performed.

However, some features must be taken into account:

• Repeated extension of a fixed-term employment contract for a new term with the director of an LLC does not entail its recognition as an open-ended employment contract. This exception is explained by the fact that, according to part 1 of Art. 275 of the Labor Code of the Russian Federation, the term of the employment contract with the director is determined by the company's charter or agreement of the parties. The director is elected for a period established by the charter of the company (clause 1, article 40 of the law "On Limited Liability Companies" dated February 8, 1998 No. 14-FZ). In this case, the provisions of Art. 58 of the Labor Code of the Russian Federation regarding the recognition of a fixed-term employment contract as indefinite does not apply to relations with the heads of companies. The director may be re-elected an unlimited number of times.
• It is allowed to extend a fixed-term employment contract with employees of the scientific and pedagogical staff, elected by competition to fill a previously occupied position. In this case, an additional agreement may be concluded between the employee and the employer on the extension of a fixed-term employment contract (clause 8, article 332 of the Labor Code of the Russian Federation).
• If the term of a fixed-term employment contract expires during a woman's pregnancy, the employer is obliged to extend it upon a written application from the employee (Article 261 of the Labor Code of the Russian Federation). An order to extend a fixed-term employment contract, or rather a sample of it, can be downloaded from the link.

Results

Drawing up an employment contract for a fixed period of time does not present any difficulties, but requires compliance with a number of legally established rules to exclude the possibility of its retraining into an indefinite one.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which it is possible to conclude an employment contract for a certain period is the employment of a temporarily absent employee to perform the duties. In this case, the place of work is retained by the "main" employee. But until he does his job, another person can be temporarily taken in his place (part 1 of article TK RF, letter of Rostrud dated 03.11.10 No. 3266-6-1).

The Labor Code does not specify the reasons why the "main" employee may be absent from the workplace. Therefore, the reasons can be absolutely any. For example, temporary disability, leave (not only to care for a child, but also annual paid leave, or leave without pay), temporary transfer on a medical report to another job, performance by an employee of state or public duties, passing a medical examination or advanced training with a separation from work.

We note one more important point: it is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will alternately replace several absent “main” employees (for example, during their holidays). This is due to the fact that the article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the performance of the duties of an absent employee, that is, we are talking about a specific employee and the performance of his labor functions. Therefore, if it is necessary to organize “insurance” during the holidays of the “main” employees, then each time you will have to draw up a new contract (i.e., terminate the fixed-term employment contract when the “main” employee leaves and conclude a new one during the absence of another employee).

As noted above, on the basis of the article of the Labor Code of the Russian Federation in a fixed-term employment contract, it is necessary to directly indicate that the contract is concluded for a while, and give the appropriate reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring an absent employee for the duration of the duties), it can be recommended to add the following wording to the contract:

And in the section (clause) of the employment contract dedicated to the period of its validity, indicate: "until the accountant Olga Borisovna Nikonova starts working." A similar entry is made in the "by" column of the order for employment.

Temporary work

The next situation, with which the article of the Labor Code of the Russian Federation connects the possibility of concluding a fixed-term employment contract, is the performance of temporary (for a period of up to two months) work.

Features of concluding a fixed-term contract

There is no specific list of temporary jobs in the legislation. The foregoing means that it is possible to conclude a fixed-term employment contract on this basis for the performance of virtually any work, if it is carried out for no more than two months. This work can be either for a specific position or specialty (for example, you can conclude a fixed-term employment contract with a driver for the transportation of goods by car; the specialty "driver" will be indicated in the contract), or not tied to it (for example, only type of work "cleaning the territory").

It is important to note that, as a general rule, for persons with whom an employment contract has been concluded for a period of up to two months, a probationary period is not established (Art. Labor Code of the Russian Federation).

What to write in the contract and in the form No. T-1

The list of seasonal work, as well as their maximum duration, are established by industry agreements (Part 2 of Art. Labor Code of the Russian Federation). Also, for these purposes, you can be guided by the List of Seasonal Works (approved by the Decree of the NCT of the USSR of 10/11/1932 No. 185) and other documents (for example, Decrees of the Government of the Russian Federation of 04/06/99 No. 382 and 04.07.02 No. 04.07.91 No. 381).

As you can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the relevant type of work should be included in an industry agreement or regulation. At the same time, the term of such an agreement cannot exceed the term of the season established by the same document.

At the same time, a probationary period for those who are hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the probationary period can be up to two weeks (Art. Labor Code of the Russian Federation).

What to write in the contract and in the form No. T-1

It should be noted in the employment contract that it is concluded for the season. Since the duration of the season depends on the natural and climatic conditions, it is not necessary to indicate a specific date for the end of the employment contract (part 4 of article of the Labor Code of the Russian Federation). Accordingly, the wording of the employment contract may be as follows:

The same wording must be transferred to the order for employment (form No. T-1). At the same time, in the “by” column of this order, the expiration date of the employment contract can be indicated not only by the specific date of the end of the season, but also by the onset of the event (for example, write “end of the season”).

Work outside the normal activities of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work that goes beyond the normal activities of the organization.

Features of concluding a fixed-term contract

Directly in the article of the Labor Code of the Russian Federation only an approximate list of such works is given. These are reconstruction, installation, commissioning and other similar works. When using such a basis for concluding a fixed-term employment contract, it is important that the type of work really goes beyond the normal activities of the organization. In other words, it should be some kind of irregular, unusual work for the company. That is why reconstruction, installation and commissioning works are given as examples of such work, that is, those works that are performed from time to time, and not constantly.

On this basis, a fixed-term employment contract can be issued for a period not exceeding five years (clause 2, part 1, article of the Labor Code of the Russian Federation). The one-year limitation established in paragraph 6 of part 1 of the article of the Labor Code of the Russian Federation applies to employment contracts that are concluded in connection with a temporary expansion of production or the volume of services.

What to write in the contract and in the form No. T-1

The employment contract reflects the temporary nature of the work, the date of its completion or the event with which the end of the work is connected, as well as the content of the work or the work function of the employee. Accordingly, the following wording can be used:

“In accordance with Part 1 of Art. of the Labor Code of the Russian Federation, this employment contract is urgent and is concluded for the performance of obviously temporary works on the reconstruction of the premises of workshop No. 3, which go beyond the normal activities of the employer.

In the order for employment (form No. T-1), the nature of the work is indicated: "for the performance of work on the reconstruction of the premises of workshop No. 3." In the column “to” of this order, the date of termination of the employment relationship is entered or the event associated with the completion of work is displayed (for example, “before the completion of work on the reconstruction of the premises of workshop No. 3”).

Deliberately temporary expansion of production

The temporary expansion of production or the volume of services provided is named by the legislator as a basis for concluding a fixed-term employment contract in the same paragraph of the article of the Labor Code of the Russian Federation as the performance of work that goes beyond the normal activities of the company. However, for the case of a temporary expansion of production (or the volume of services provided), additional restrictions are established, which allows us to speak of the independence of this basis.

Features of concluding a fixed-term contract

When using this ground, it is important that the employer be aware in advance of the temporary nature of the expansion of production (see the rulings of the Supreme Court of the Republic of Karelia dated 19.08.14 No. 33-3257 / 2014 and the Moscow City Court dated 01.20.14 No. 33-1433). For example, a deliberately temporary expansion of production may be associated with the conclusion of a contract for the supply or performance of work. By virtue of the direct indication of the article of the Labor Code of the Russian Federation, a temporary employment contract on this basis can be concluded for a period of not more than one year.

Similar conditions apply in case of concluding a fixed-term employment contract on the basis of a temporary expansion of the scope of services provided: the employer must be aware of such an expansion in the scope of services in advance and the term of such an agreement cannot exceed one year.

What to write in the contract and in the form No. T-1

Since the expansion of production or the volume of services rendered must be obviously temporary, we recommend that you indicate this directly in the employment contract. For example, you can use the following wording:

“In accordance with Part 1 of Art. of the Labor Code of the Russian Federation, this employment contract is urgent and concluded in connection with the temporary expansion of the scope of services provided by the employer for the replacement of carpets in the administration building of Kolomna (state contract dated August 20, 2016) for a period up to March 15, 2017.

Features of concluding a fixed-term contract

In practice, this basis is often used by employers who need to involve various specialists in order to fulfill various contracts (including state and municipal ones). However, it should be borne in mind that judicial practice proceeds from the fact that, on the basis indicated, it is allowed to conclude an employment contract for the duration of the state contract only if the subject of the contract goes beyond the normal activities of the employer (see, for example, the appeal ruling of the Moscow City Court dated 01/20/14 in case No. 33-1433). If the state contract is related to the main activity of the employer, the courts take the side of the employees and find no grounds for concluding a fixed-term employment contract (see, for example, the appeal ruling of the Rostov Regional Court dated 08.08.13 in case No. 33-9919/2013).

At the same time, it must be remembered that it is possible to use the considered basis for concluding a fixed-term employment contract only if the deadline for completing work cannot be determined in advance. This should also be taken into account when deciding on the issue of hiring employees (including for the performance of work under state contracts concluded by the company).

What to write in the contract and in the form No. T-1

As mentioned above, the use of this basis is possible only if the deadline for completing the work cannot be determined by a specific date. Therefore, in the employment contract and in the order for employment (form No. T-1), an event will always be indicated as the date of completion of work.

In the employment contract, it is necessary to note its urgent nature and reflect the specific type of work assigned, for which the employee is accepted. For example, the wording might be:

“In accordance with Part 1 of Art. of the Labor Code of the Russian Federation, this employment contract is urgent and is concluded due to the fact that the date of completion of the repair work in the premises of workshop No. 3 cannot be determined by a specific date. The employee is accepted for the position of a painter of the 3rd category.

In the order for employment in the column "Conditions for employment, nature of work" you can enter, for example, the following phrase: "to perform work on painting external and internal surfaces (ceiling, walls, floor) of workshop No. 3". And in the column "by" this order, you should indicate: "until the signing of the act on the acceptance of painting work."

How to fill out a work book

In conclusion, we note that the urgent nature of the employment relationship (for any of the reasons listed above) does not affect the procedure for filling out the employee's work book. So, it should not indicate that the contract is concluded for a certain period. After all, this is not provided for by either the Labor Code or the Instructions for filling out work books (approved by the Decree of the Ministry of Labor of Russia dated 10.10.03 No. 69

Employment contract 2019 sample free download with an employee, IP form

04.04.2019

The concept of "Employment contract" and "Parties to an employment contract" is defined in Article 56 of the Labor Code of the Labor Code of Russia (Labor Code of the Russian Federation). Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations applicable to this employer.The parties to an employment contract are the employer and the employee.

Download: employment contract form, sample, form

The Labor Code does not define a specific form or model of an employment contract, except for micro-enterprises (since 01/01/2017). New standard form of employment contract for micro-enterprisesapproved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858 "On the standard form of an employment contract concluded between an employee and an employer - a small business entity that belongs to micro-enterprises."The beginning of the document: 01/01/2017.

Download form (sample):

Other options for downloading an employment contract (all in word, doc):

Forms are exemplary.You can choose the most suitable form. Forms can be adjusted depending on the specific situation and needs. The contracts of an individual entrepreneur (individual entrepreneur), organization (LLC, OJSC, etc.) with an employee are presented. Formsemployment contract with the director, accountant, seller, driver, see this .

New on the topic

New from 04/04/2019: The Ministry of Labor of the Russian Federation in a letter dated 03/07/2019 No. 14-2 / ​​V-139 informs that the employer can dismiss the employee after the expiration of the employment contract, even during the period of the employee's vacation or during a period of temporary disability.

New from 12/28/2018: The Ministry of Labor in a letter dated November 12, 2018 No. 14-1 / OOG-8602 informs that the payment of wages ahead of schedule does not violate the rights of workers.

New from 12/14/2018: E Rostrud experts report thatonly a court can recognize a fixed-term employment contract as indefinitea fixed-term employment contract is concluded only on the grounds listed in Article 59 of the Labor Code of the Russian Federation.An employment contract concluded for a fixed period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period (part 5 of article 58 of the Labor Code of the Russian Federation).

New from 12/14/2018: Omsk regionalthe court in the appeal ruling dated June 27, 2018 in case No. 33-4045 / 2018 allowed employers not to index the wages of employees (with regular payment of bonuses, etc.).

New from 12/06/2018: Rostrud experts explain that wage reduction during the probationary period is not allowed, according to the requirementspart 3 of article 70 of the Labor Code of the Russian Federation.

New from 10/30/2018: Rostrud experts in the report of Rostrud with guidance on compliance the mandatory requirements of the regulatory legal acts for the III quarter of 2018 are explained and reported:

When it is possible to extend the term of the employment contract with the help of an additional agreement;

When the employment contract includes the conditions for granting leave;

The position in the employment contract does not always have to correspond to qualification directories.

New from 07/31/2018: The Government of Russia in Decree No. 873 dated 07/26/2018 amended the standard form of an employment contract with the head of a state (municipal) institution.

New from 3/30/2018: MIntruder of the Russian Federation, in a letter dated March 21, 2018 No. 14-2 / ​​V-191, clarifies whether the numbering of employment contracts is mandatory in a commercial organization, and which numbering system can be used.

New from 03/19/2018: The Ministry of Labor of the Russian Federation, in a letter dated 03/05/2018 No. 14-2 / ​​V-148, clarified how the personnel registration of employees involved in work for which various restrictions are defined by laws is carried out.

New from 01/18/2018:The Ministry of Labor proposed to supplement the standard form of an employment contract with the head of a state (municipal) institution with new responsibilities. Draft resolution: regulation.gov.ru

New from 10/31/2017: The Ministry of Labor of Russia, in a letter dated 10/18/2017 No. 14-2 / ​​V-935, clarifies the procedure for recovering from the employee the amounts spent on his training in the event of early termination of the employment contract.Excerpt: "In case of dismissal without good reason before the expiration of the period specified in the employment contract or in the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the employer for his training."

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated October 19, 2017 N 14-2 / ​​V-942, explained whether, when concluding an employment contract with an employee, it is possible to sign a separate agreement, according to which, within a year after dismissal, the employee undertakes not to be employed in competing companies (the Employer does not has the right to restrict the employment of former employees).

New from 10/30/2017: The Ministry of Labor of the Russian Federation, in a letter dated 10/18/2017 N 14-2 / ​​B-935, clarifies how the termination of an employment contract concluded with a temporary worker is carried out while the main employee is on sick leave (when the term for terminating the employment contract is determined by the date on the sick leave).

New from 08/02/2017:

According to Rostrudfor the absence of mandatory conditions in the employment contract (article 57 of the Labor Code of the Russian Federation "Content of the employment contract") the employer faces a fine. For more details, see the message of Rostrud.

New from 07/13/2017:
The Ministry of Labor of Russia, in a letter dated June 30, 2017 No. 14-1 / V-591, explained which clauses a microenterprise can exclude from a standard employment contract. More on this one.

Commentary on the standard form of an employment contract for micro-enterprises(Source: government.ru)
Decree No. 858 of August 27, 2016 approved a standard form of an employment contract, which includes various options for filling out certain provisions and conditions. A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
Prepared by the Ministry of Labor in pursuance of the list of instructions of the President of Russia following the meeting of the State Council on the development of small and medium-sized businesses, held on April 7, 2015 (No. Pr-815GS dated April 25, 2015, paragraph 4, subparagraph "b") and in order to implement the Federal Law of July 3, 2016 No. 348-FZ "On Amendments to the Labor Code of the Russian Federation in Part of the Specifics of Labor Regulation for Persons Working for Employers - Small Business Entities Classified as Micro-Enterprises" (hereinafter - Federal Law No. 348-FZ).
In accordance with Federal Law No. 348-FZ, an employer - a small business entity, which is classified as a micro-enterprise, has the right not to adopt local regulations containing labor law norms (internal labor regulations, regulations on wages, shift schedules, and others). At the same time, the terms and conditions, which, in accordance with the Labor Code, are regulated by local regulations, must be included in the employment contract, which is concluded on the basis of a standard form approved by the Government of Russia.
The signed resolution approved a standard form of an employment contract, which includes various options for filling out individual provisions and conditions. This will ensure flexibility in the regulation of labor relations, taking into account the specifics of the activities of a particular employer.
The standard form of the contract includes special conditions that apply to remote and home workers, which are not used in other cases.
A standard form of an employment contract at micro-enterprises will help the manager to conclude it in accordance with the requirements of labor legislation and take into account the specifics associated with the performance of specific work related to a particular employee.
The implementation of the resolution will reduce the volume of document flow and increase the level of protection of the labor rights of employees working for employers - small businesses that are classified as micro-enterprises.

The employment contract specifies:
last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
information about the documents proving the identity of the employee and the employer - an individual;
taxpayer identification number (for employers, with the exception of employers - individuals who are not individual entrepreneurs - individual entrepreneurs);
information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
place and date of conclusion of the employment contract.
The following conditions are mandatory for inclusion in an employment contract:
place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). If in accordance with this Code, other federal laws, the provision of compensations and benefits or the presence of restrictions is associated with the performance of work in certain positions, professions, specialties, then the names of these positions, professions or specialties and qualification requirements for them must correspond to the names and requirements specified in qualification reference books approved in the manner established by the Government of the Russian Federation, or the relevant provisions of professional standards;
the date of commencement of work, and in the case when a fixed-term employment contract is concluded, also the term of its validity and the circumstances (reasons) that served as the basis for concluding a fixed-term employment contract in accordance with this Code or other federal law;
terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
the mode of working time and rest time (if for this employee it differs from the general rules in force for this employer);
guarantees and compensations for work with harmful and (or) dangerous working conditions, if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace;
conditions that determine, if necessary, the nature of work (mobile, traveling, on the road, other nature of work);
working conditions in the workplace;
a condition on compulsory social insurance of an employee in accordance with this Code and other federal laws;
other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.
If at the conclusion of the employment contract it did not include any information and (or) conditions from among those provided for in parts one and two of this article, then this is not a basis for recognizing the employment contract as not concluded or terminating it. The employment contract must be supplemented with missing information and (or) conditions. In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.
The employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, in particular:
on the specification of the place of work (indicating the structural unit and its location) and (or) on the workplace;
about the test;
on non-disclosure of legally protected secrets (state, official, commercial and other);
on the obligation of the employee to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer;
on the types and conditions of additional employee insurance;
on improving the social and living conditions of the employee and members of his family;
on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms;
on additional non-state pension provision for an employee.
By agreement of the parties, the employment contract may also include the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the rights and obligations of the employee and the employer arising from the terms of the collective agreement, agreements . The failure to include in the employment contract any of the specified rights and (or) obligations of the employee and the employer cannot be considered as a refusal to exercise these rights or fulfill these obligations.

The term of the employment contract defined in Article 58 of the Labor Code of the Russian Federation
Employment contracts may be concluded:
1) for an indefinite period;
2) for a fixed period of not more than five years (fixed-term employment contract), unless another period is established by this Code and other federal laws. For more details, see Article 58 of the Labor Code of the Russian Federation

concept Fixed-term employment contract introduced in Article 59 of the Labor Code of the Russian Federation.

According to article 60 of the Labor Code of the Russian Federation Prohibition to demand the performance of work not stipulated by the employment contract, except as provided for by this Code and other federal laws.

Article 60.1. The Labor Code of the Russian Federation defines the concept Part-time work
The employee has the right to conclude employment contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job). Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.

Article 60.2. The Labor Code of the Russian Federation refers to: Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract

Article 61 of the Labor Code of the Russian Federation defines:Entry into force of the employment contract

An employment contract shall enter into force from the day it is signed by the employee and the employer, unless otherwise provided by this Code, other federal laws, other regulatory legal acts of the Russian Federation or the employment contract, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his employer. authorized representative.
The employee is obliged to start performing labor duties from the day specified in the employment contract.
If the employment contract does not specify the day of commencement of work, the employee must start work on the next working day after the entry into force of the contract.
If the employee did not start work on the day of commencement of work, established in accordance with the second or third part of this article, the employer has the right to cancel the employment contract. The canceled employment contract is considered not concluded. Cancellation of an employment contract does not deprive the employee of the right to receive mandatory social insurance in the event of an insured event in the period from the date of conclusion of the employment contract until the day of its cancellation.