home Exchange rates Fixed-term contract Article 59. Fixed-term employment contract: what are its features

Fixed-term contract Article 59. Fixed-term employment contract: what are its features

1. Article 59 of the Labor Code of the Russian Federation contains two parts, each of which provides different kinds work (cases) for the performance of which a fixed-term employment contract is concluded with the employee.

The lists of works (cases) provided for in both Part 1 and Part 2 are not exhaustive. The Labor Code or other federal laws may provide for other cases when the conclusion of a fixed-term employment contract is either mandatory by law or permitted by agreement of the parties to the employment contract. Since the article we're talking about on the Labor Code or other federal law, neither the law of a subject of the Russian Federation, nor the decree of the President of the Russian Federation, nor the decree of the Government of the Russian Federation, nor any other subordinate regulatory legal act can establish any additional grounds (cases) for concluding a fixed-term employment contract.

2. Cases (types of work) listed in Part 1 of Art. 59 of the Labor Code of the Russian Federation, correspond to the general criterion for concluding a fixed-term employment contract, formulated in Part 2 of Art. 58 TK. That is, all the cases listed in it determine the urgent nature of the labor relationship.

Thus, the conclusion of a fixed-term employment contract in the cases listed in Part 1 of this article is determined by the very nature of the work or the conditions of its implementation, and is therefore mandatory.

Part 1 art. 59 of the Labor Code of the Russian Federation names 11 specific cases when a fixed-term employment contract is concluded with an employee:

1) for the duration of the duties of a temporarily absent employee. Such an employment contract is concluded when an absent employee, in accordance with labor legislation and other regulatory legal acts containing standards labor law, collective agreement, agreements, local regulations, the employment contract preserves the place of work (for example, while the employee is on a long business trip, on parental leave). The term of the employment contract in this case depends on the time of the absent employee’s return to perform his labor (official) duties. Since the law speaks of the temporary absence of an employee whose place of work (position) is retained, a fixed-term employment contract cannot be concluded to perform the duties of a vacant position until another permanent employee is hired for this position;

2) to perform temporary (up to 2 months) work, as well as seasonal work when in effect natural conditions work can only be carried out during a certain period (season), not exceeding, as a rule, 6 months (see commentary to Article 293).

Concluding a fixed-term employment contract for a period of up to 2 months is possible provided that the work is obviously temporary, i.e. it is known in advance that it will last no more than 2 months (for example, during the preparation of the annual report). In this case, the contract by agreement of the parties must determine the specific term of the employment contract within 2 months (3 weeks, 1 month, 1.5 months, etc.).

It will be unlawful to conclude a fixed-term employment contract for a period of up to 2 months to perform work that is permanent for the employer.

Concluding a fixed-term employment contract to perform seasonal work is permitted provided that this work is provided for in a special list of seasonal work. Lists of seasonal work, incl. individual seasonal work, the implementation of which is possible during a period (season) exceeding 6 months, and the maximum duration of these individual seasonal work are determined by industry (inter-industry) agreements concluded at the federal level social partnership(Part 2 of Article 293, see commentary to it).

Concluding a fixed-term employment contract for a specific season to perform work not covered by the above list will be considered unlawful;

3) with persons sent to work abroad. It does not matter to which organization abroad the employee is sent. These may be diplomatic missions and consular offices of the Russian Federation abroad, as well as representative offices of federal executive authorities and government agencies RF, commercial organizations, scientific and educational institutions, etc.;

4) to carry out work that goes beyond the normal activities of the employer, as well as to carry out work related to a deliberately temporary (up to 1 year) expansion of production or the volume of services provided.

In this case, the usual activities of the employer should be understood as those types of work that correspond to the main directions of the organization’s activities as enshrined in its charter.

As an example of work that goes beyond the normal activities of an organization, the law names reconstruction, installation, and commissioning work. Depending on the nature (type) of the organization’s normal activities, this may include other work, such as repairs and construction. However, in all cases, work that goes beyond the normal (core) activities of the organization, for which fixed-term employment contracts can be concluded, must be temporary (urgent) in nature. Since the law does not establish any special deadline for which such an employment contract can be concluded, the term of the employment contract is determined in each specific case by agreement of the parties based on specific circumstances and the period of time during which there remains a need to perform work beyond outside the normal activities of the organization. Here the general rules on the maximum term of the employment contract established by Art. 58 TK, i.e. 5 years.

Unlike an employment contract concluded to carry out work outside the scope of the employer’s normal activities, the term of an employment contract concluded in connection with the need to temporarily expand production or the volume of services provided is limited. It cannot exceed one year. This is due to the fact that work under such an agreement is carried out as part of the organization’s normal activities and the need to expand production or the volume of services provided is limited to certain time limits, known to the employer.

The specific validity period of an employment contract for the performance of work related to a deliberately temporary expansion of production or the volume of services provided is determined within one year by agreement of the parties. For example, due to the increase in the number of tourists in summer time and, in connection with this, expanding the volume of services provided to hotels, cafes, restaurants, transport organizations and others can hire an additional number of workers by concluding employment contracts with them for certain period(1, 2, 3 months, etc.);

5) with persons entering work in organizations created for a deliberately defined period of time or for a deliberate performance certain work.

The fact that an organization was created for a certain period or only to perform a certain job must be recorded in the charter of this organization. The charter of the organization also defines the specific period of time for which it was created or during which the work will be completed, the implementation of which is the purpose of creating the organization (for example, for 2, 3, 4 years).

The term of an employment contract with persons entering an organization created for a predetermined period of time or to perform a predetermined job is determined by the period for which such an organization was created. Therefore, termination of an employment contract with these employees on the basis of expiration of the employment contract can be carried out if the organization actually ceases its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without transfer of rights and obligations in the order of succession to other persons (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2);

6) with persons hired to perform obviously defined work in cases where its implementation (completion) cannot be determined by a specific date.

In these cases, the employment contract with employees must indicate that it is concluded for the duration of this particular work (for example, during the renovation of an office, during the construction of a facility). Ending (completion) said work will be the basis for termination of the employment contract due to its expiration. At the same time, it should be borne in mind that if during the trial it is established that there have been multiple conclusions of fixed-term employment contracts for a short period of time to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period ( clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2);

7) to perform work directly related to the internship or vocational training employee. In this case, the employment contract is concluded for the period of internship or vocational training.

Internship or vocational training of employees in an organization can be carried out either on the basis of an agreement with another organization that sent its employee for an internship or vocational training, or on the basis of student agreement, concluded by the organization with the student himself (see commentary to Articles 198 - 208);

8) in case of election for a certain period to an elected body or to an elective position for paid work. For example, for the position of rector of a state or municipal higher education institution educational institution, dean of a faculty or head of a department of a higher educational institution. According to Art. 12 of the Law on Vocational Education, art. 332 of the Labor Code, these positions are filled on the basis of elections held in the manner established by the charter of the educational institution (see Article 17, 332 of the Labor Code);

9) when applying for a job related to directly supporting the activities of members of elected bodies or officials in organs state power and organs local government, in political parties and other public associations. In this case, we are talking about work related to directly supporting the activities of members of these bodies or officials. This means that not all persons applying for work in these elected bodies can be entered into a fixed-term employment contract. We are talking about contracts concluded to perform work that is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the party chairman).

The term of the employment contract in these cases is established by agreement of the parties within the term of office of the relevant elected body or official.

Early termination of the powers of certain bodies or officials should entail the termination of employment contracts with persons hired to ensure the specified activities;

10) with persons sent by the employment service authorities to work of a temporary nature and public Works. Such work is organized as additional social support for citizens, job seekers. The term of the employment contract for such work is determined by agreement of the parties.

If the work to which a citizen is directed by the employment service is permanent, concluding a fixed-term employment contract with him is not allowed;

11) with citizens sent to undergo an alternative civil service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens performing alternative civil service is established by Federal Law of July 25, 2002 N 113-FZ “On Alternative Civil Service” (SZ RF. 2002. N 30. Art. 3030) in accordance with the Constitution of the Russian Federation. Alternative civil service is special kind labor activity in the interests of society and the state, carried out by citizens in return military service on call. The procedure for sending citizens to alternative civil service is determined by the said Law, other federal laws, and the Regulations on the procedure for performing alternative civil service, approved. Decree of the Government of the Russian Federation of May 28, 2004 N 256 (SZ RF. 2004. N 23. Art. 2309), and other regulatory legal acts of the Russian Federation adopted in accordance with them.

The labor activity of citizens performing alternative civil service is regulated by the Labor Code, taking into account the features provided for by the specified Federal Law.

In accordance with Art. 5 of this Law, the period of alternative civil service is 1.75 times greater than that established by the Law on military duty The duration of military service is 21 months for citizens sent to serve it after January 1, 2008. The period of alternative civil service for citizens undergoing this service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies, 1.5 times exceeds the period of conscription military service established by the Law on Military Duty and is 18 months for citizens sent to serve it after January 1, 2008.

In accordance with the specified deadlines, the term of the employment contract with citizens sent to perform alternative civil service is determined. When concluding an employment contract, the parties do not have the right to establish a different duration of its validity.

3. Unlike part 1 of the commented article, according to which the conclusion of an employment contract for a certain period due to the nature of the work to be done or the conditions for its implementation is mandatory, part 2 of the article provides a list of cases when the conclusion of a fixed-term employment contract is allowed by agreement of the parties . Moreover, by agreement of the parties, a fixed-term employment contract in the cases listed in Part 2 of Article 59 of the Labor Code of the Russian Federation can be concluded without taking into account the nature of the work to be performed or the conditions for its implementation. It must be borne in mind that such an agreement can be recognized as legal if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. If the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).

According to Part 2 of the commented article, by agreement of the parties, a fixed-term employment contract can be concluded:

1) with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees does not exceed 35 people (in the field retail And consumer services- 20 people).

The concept and types of small businesses are defined by the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation"(SZ RF. 2007. N 31. Art. 4006). In accordance with Article 3, small and medium-sized businesses are business entities (legal entities and individual entrepreneurs) classified in accordance with the conditions established by this Federal Law as small enterprises, including micro- and medium-sized enterprises.

According to Art. 4 small and medium-sized businesses include those included in the Unified State Register legal entities consumer cooperatives and commercial organizations (with the exception of state and municipal unitary enterprises), as well as individuals entered into the Unified State Register of Individual Entrepreneurs and carrying out entrepreneurial activity without forming a legal entity (hereinafter referred to as individual entrepreneurs), peasant (farm) enterprises that meet the following conditions:

for legal entities - the total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations(associations), charitable and other funds in the authorized (share) capital (mutual fund) of these legal entities should not exceed 25% (except for the assets of joint-stock investment funds and closed-end mutual investment funds), the share of participation owned by one or more legal entities, which are not small and medium-sized businesses, should not exceed 25%;
the average number of employees for the previous calendar year should not exceed the following limit values average number workers for each category of small and medium-sized businesses:
- a) from 101 to 250 people inclusive for medium-sized enterprises;
- b) up to 100 people inclusive for small enterprises; Among small enterprises, microenterprises stand out - up to 15 people;
revenue from the sale of goods (work, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year should not exceed the limit values established by the Government of the Russian Federation for each category of small and medium-sized businesses.

Newly created organizations or newly registered individual entrepreneurs and peasant (farm) enterprises during the year in which they are registered can be classified as small and medium-sized businesses if their indicators of the average number of employees, revenue from the sale of goods (work, services) or book value of assets (residual value of fixed assets and intangible assets) for the period elapsed from the date of their state registration, do not exceed the limit values established by the said article.

The average number of employees of a micro-enterprise, small enterprise or medium-sized enterprise for a calendar year is determined taking into account all its employees, incl. employees working under civil contracts or part-time, taking into account actual time worked, employees of representative offices, branches and others separate divisions specified micro-enterprises, small enterprises or medium-sized enterprises;

2) with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature.

It is necessary to pay attention to what the law says about age pensioners entering work, i.e. about those who for the first time or again (after dismissal) enter into an employment contract with this employer. In this regard, the employer has no right, incl. and with the consent of the employee who is in an employment relationship with him and has reached retirement age, renew the employment contract concluded with this employee for an indefinite period into a fixed-term employment contract. It should be borne in mind that the number of old-age pensioners includes persons who have reached retirement age and who, in accordance with pension legislation, have been assigned an old-age pension. If a citizen has reached the age required to assign a pension, but in accordance with pension legislation has not acquired the right to it or the pension has not been assigned to him due to any other circumstances, he cannot be considered a pensioner and, therefore, the rules for concluding a fixed-term employment contract provided for in the commented article norm, should not be applied to it.

The fact that an employee due to health reasons can perform work of an exclusively temporary nature must be established by a medical report. A medical report of this kind has the right to issue only the body or institution to which such a right is granted (for example, medical and social examination institutions).

The term of the employment contract is determined in this case based on the duration that, according to the medical report, is allowed for of this employee according to his state of health. The employer does not have the right, at its discretion, to set for the employee a term of an employment contract of greater or lesser duration than that prescribed by the medical report;

3) with persons entering work in organizations located in the Far North and equivalent areas, if this is associated with moving to the place of work. Since the possibility of concluding a fixed-term employment contract with specified persons the law binds them to move to their place of work in organizations located in the regions of the Far North and equivalent areas, then this rule should not apply to citizens permanently residing in these areas and localities. A fixed-term employment contract is concluded with them on the grounds specified in Part 1 of Art. 59 of the Labor Code of the Russian Federation, by agreement of the parties in the cases specified in Part 2 of the same article (for example, when applying for a part-time job), as well as in other cases provided for by the Labor Code or other federal laws.

The list of regions of the Far North and equivalent areas was approved by Resolution of the Council of Ministers of the USSR of November 10, 1967 N 1029 (SP USSR. 1967. N 29. Art. 203) and is valid today as amended. Resolution of the Council of Ministers of the USSR of January 3, 1983 N 12 (SP USSR. 1983. N 5. Art. 21) with additions and amendments made by the legislation of the Russian Federation;

4) to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances (for example, to eliminate the consequences of a flood, fire). Since the law does not establish a minimum or maximum term, for which an employment contract can be concluded under the specified circumstances, it is determined by agreement of the parties. If the term of the employment contract does not exceed 2 months, the resulting labor relations are regulated taking into account the specifics established by Chapter. 45 Labor Code (see commentary to Art. Art. 289 - 292);
5) with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations. Decree of the Government of the Russian Federation dated April 28, 2007 N 252 approved the List of professions and positions of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, the specifics of labor activity of which are established by the Labor Code of the Russian Federation;

6) with managers, deputy managers and chief accountants of organizations. It does not matter what the legal form and form of ownership of these organizations are - Joint-Stock Company, society with limited liability, state unitary enterprise etc.

The validity period of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code is determined by the constituent documents of the organization or by agreement of the parties. That is, by agreement of the parties, the term of the employment contract with the head of the organization is determined if it is not established by the constituent documents of the organization;

7) with persons studying full-time;
8) with persons applying for part-time work (on the procedure and conditions for concluding an employment contract for part-time work, see the commentary to Articles 282 - 288).

4. In addition to the cases directly provided for by Part 2 of Article 59 of the Labor Code of the Russian Federation, the conclusion of a fixed-term employment contract by agreement of the parties is also permitted in other cases provided for by the Labor Code or other federal law. So, in accordance with Art. 332 of the Labor Code, by agreement of the parties, fixed-term employment contracts can be concluded to fill positions of scientific and pedagogical workers in a higher educational institution.

5. In accordance with the general rules for concluding a fixed-term employment contract, established by Art. 58 of the Labor Code, a fixed-term employment contract can be concluded either in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, or by agreement of the parties without taking into account these circumstances in cases provided for by the Labor Code or other federal law (Part 2 of Article 59 of the Labor Code of the Russian Federation). However, in some cases the Labor Code provides for the conclusion of a fixed-term employment contract without taking into account these general rules. So, according to Part 14 of Art. 332 of the Labor Code, a fixed-term employment contract is concluded with the vice-rectors of a higher educational institution. This norm is set out in imperative form; therefore, the conclusion of a fixed-term employment contract with these employees is mandatory by virtue of a direct requirement of the law. However, neither by the nature nor by the conditions of performance, work as a vice-rector of a higher educational institution does not relate to work for the performance of which it is impossible to conclude an employment contract for an indefinite period. Thus, by providing for the mandatory conclusion of a fixed-term employment contract with the vice-rectors of a higher educational institution, the legislator showed obvious inconsistency in regulating the relations in question (see commentary to Article 332).

Article 59. Fixed-term employment contract

checked today
code dated 01/01/2020
entered into force on 02/01/2002

There are no new articles that have not entered into force.

Compare with the edition of the article dated November 9, 2011 March 30, 2008 October 6, 2006 May 11, 2004 February 1, 2002

A fixed-term employment contract is concluded:

for the duration of the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract;

for the duration of temporary (up to two months) work;

to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);

with persons sent to work abroad;

for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

with persons hired to perform predetermined work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional professional education in the form of an internship;

in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;

with persons sent by employment services to temporary work and public works;

with citizens sent to perform alternative civil service;

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);

with age pensioners entering work, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;

to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;

with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

with persons receiving full-time education;

with crew members sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;

with persons applying for part-time work;

in other cases provided for by this Code or other federal laws.

Judicial practice under Art. 59 Labor Code of the Russian Federation

Case No. 5-КГ14-67 dated October 6, 2014
Case No. 41-КГ14-10 dated June 27, 2014	Judicial Collegium for Civil Cases, Cassation
Case No. 5-КГ14-14 dated May 16, 2014	Judicial Collegium for Civil Cases, Cassation
Case No. 25-G12-1 dated February 10, 2012
Case No. 35-B11-5 dated July 1, 2011
Case No. 73-G10-1 dated February 17, 2010	Judicial panel for administrative matters, cassation
Case No. 74-B08-5 dated February 12, 2009	Judicial Collegium for Administrative Cases, Supervision
Case No. 3-В08-10 dated January 22, 2009	Judicial Collegium for Administrative Cases, Supervision
Case No. 89-B08-6 dated October 3, 2008	Judicial Collegium for Administrative Cases, Supervision

Amendments to Art. 59 Labor Code of the Russian Federation

Mentions of Art. 59 of the Labor Code of the Russian Federation in legal consultations

Application of Art. 332 Labor Code of the Russian Federation
21.09.2018 Alexander Georgievich, commentators say so because, in accordance with clause 5, part 2 Art. 59 Labor Code of the Russian Federation by agreement of the parties, a fixed-term employment contract may be concluded with persons elected through a competition for filling the relevant position, held in
extension of urgent, etc.
06.07.2018 such an employment contract. The additional agreement must indicate the reason for changing the duration of the employment contract, which falls under the provisions Article 59 Labor Code RF. Since a fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature
Fixed-term employment contract
03.08.2016 Good evening, Oksana. IN Article 59 of the Labor Code of the Russian Federation it is said: with persons entering work in organizations created for a predetermined period or to perform a predetermined job; In your

18.07.2016 Good evening, Yulia. IN Article 59 of the Labor Code of the Russian Federation an exhaustive list of conditions under which a fixed-term contract can be concluded is provided, in particular: By agreement of the parties, a fixed-term employment contract can be concluded

18.07.2016 concluding a fixed-term employment contract, the inspection of the State Labor Inspectorate will certainly ask questions and may issue an order to eliminate violations of the law. Watch part 2 Art. 59 Labor Code of the Russian Federation. By agreement of the parties, a fixed-term employment contract can be concluded: with managers, deputy managers and chief accountants of organizations, regardless

Conclusion of a fixed-term employment contract
01.12.2015 is a constant occurrence and requirement for workplaces, then in your case, a violation was most likely committed. However, there is an exception to the rules, which are given in Article 59 of the Labor Code of the Russian Federation, where it is said. that by agreement of the parties, an employment contract can be fixed-term, in some cases, for example, when working for an entrepreneur with a small staff of employees

16.11.2015 question. The employment contract will say that it is fixed-term, indicating the date of entry into force of the contract and the expiration date, so what’s the point of mentioning Article 59 of the Labor Code of the Russian Federation? As for your employee, who is a citizen of another country, since he works on the territory of the Russian Federation, he is fully covered

Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT

Chapter 12. CHANGING THE EMPLOYMENT CONTRACT

Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT

Chapter 14. PROTECTION OF EMPLOYEE PERSONAL DATA

Section IV. WORK TIME

Chapter 15. GENERAL PROVISIONS
Chapter 16. WORKING HOURS

Section V. REST TIME

Chapter 17. GENERAL PROVISIONS
Chapter 18. BREAKS IN WORK. WEEKENDS AND NON-WORKING HOLIDAYS
Chapter 19. HOLIDAYS

Section VI. PAYMENT AND LABOR RATING

Chapter 20. GENERAL PROVISIONS
Chapter 21. SALARY
Chapter 22. LABOR RATING

Section VII. GUARANTEES AND COMPENSATIONS

Chapter 23. GENERAL PROVISIONS
Chapter 24. GUARANTEES WHEN SENDING EMPLOYEES ON BUSINESS TRAVELS, OTHER BUSINESS TRAVELS AND MOVING TO WORK IN ANOTHER LOCATION (as amended by Federal Law No. 90-FZ of June 30, 2006)
Chapter 25. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES WHEN THEY PERFORM STATE OR PUBLIC DUTIES
Chapter 27. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES RELATED TO TERMINATION OF AN EMPLOYMENT CONTRACT
Chapter 28. OTHER GUARANTEES AND COMPENSATIONS

Section VIII. LABOR ROUTINE. LABOR DISCIPLINE

Chapter 29. GENERAL PROVISIONS
Chapter 30. LABOR DISCIPLINE

SECTION IX. EMPLOYEE QUALIFICATIONS, PROFESSIONAL STANDARDS, TRAINING AND ADDITIONAL PROFESSIONAL EDUCATION OF EMPLOYEES (as amended by Federal Law dated May 2, 2015 N 122-FZ)

Chapter 31. GENERAL PROVISIONS
Chapter 32. APPEARANCE AGREEMENT

Section X. OCCUPATIONAL SAFETY

Chapter 33. GENERAL PROVISIONS
Chapter 34. OCCUPATIONAL SAFETY REQUIREMENTS
Chapter 35. ORGANIZATION OF LABOR SAFETY
Chapter 36. ENSURING WORKERS' RIGHTS TO OCCUPATIONAL SAFETY

Section XI. MATERIAL RESPONSIBILITY OF THE PARTIES TO AN EMPLOYMENT CONTRACT

Chapter 37. GENERAL PROVISIONS
Chapter 38. MATERIAL LIABILITY OF THE EMPLOYER TO THE EMPLOYEE
Chapter 39. MATERIAL RESPONSIBILITY OF AN EMPLOYEE

PART FOUR

Section XII. FEATURES OF LABOR REGULATION FOR SPECIFIC CATEGORIES OF WORKERS
- Chapter 40. GENERAL PROVISIONS
- Chapter 41. FEATURES OF LABOR REGULATION FOR WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES
- Chapter 42. FEATURES OF LABOR REGULATION OF WORKERS UNDER THE AGE OF EIGHTEEN YEARS
- Chapter 43. FEATURES OF LABOR REGULATION OF THE HEAD OF THE ORGANIZATION AND MEMBERS OF THE COLLEGIAL EXECUTIVE BODY OF THE ORGANIZATION
- Chapter 44. FEATURES OF LABOR REGULATION FOR PERSONS WORKING PART-TIME
- Chapter 45. FEATURES OF LABOR REGULATION OF WORKERS WHO HAVE CONCLUDED AN EMPLOYMENT CONTRACT FOR UP TO TWO MONTHS
- Chapter 46. FEATURES OF LABOR REGULATION OF WORKERS EMPLOYED IN SEASONAL WORK
- Chapter 47. FEATURES OF LABOR REGULATION FOR PERSONS WORKING ON A Shift
- Chapter 48. FEATURES OF LABOR REGULATION OF EMPLOYEES WORKING FOR EMPLOYERS - INDIVIDUALS
- Chapter 48.1. FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL ENTERPRISE ENTITIES, WHICH ARE CLASSIFIED AS MICRO ENTERPRISES (introduced by Federal Law of July 3, 2016 N 348-FZ)
- Chapter 49. FEATURES OF REGULATION OF WORK OF HOMEWORKERS
- Chapter 49.1. FEATURES OF LABOR REGULATION FOR REMOTE WORKERS (introduced by Federal Law dated 04/05/2013 N 60-FZ)
- Chapter 50. FEATURES OF LABOR REGULATION OF PERSONS WORKING IN THE REGIONS OF THE FAR NORTH AND EQUILIBLE AREAS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 50.1. FEATURES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law of December 1, 2014 N 409-FZ)
- Chapter 51. FEATURES OF LABOR REGULATION OF TRANSPORT WORKERS
- Chapter 51.1. FEATURES OF LABOR REGULATION OF WORKERS EMPLOYED IN UNDERGROUND WORK (introduced by Federal Law of November 30, 2011 N 353-FZ)
- Chapter 52. FEATURES OF LABOR REGULATION OF TEACHING STAFF
- CHAPTER 52.1. FEATURES OF LABOR REGULATION OF RESEARCHERS, MANAGERS OF SCIENTIFIC ORGANIZATIONS, AND THEIR DEPUTY (introduced by Federal Law of December 22, 2014 N 443-FZ)
- Chapter 53.1. FEATURES OF LABOR REGULATION OF WORKERS SENT TEMPORARILY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER AN AGREEMENT ON THE PROVISION OF LABOR FOR WORKERS (PERSONNEL) (introduced by Federal Law dated 05.05.2014 N 116-FZ)
- Chapter 54. FEATURES OF LABOR REGULATION OF EMPLOYEES OF RELIGIOUS ORGANIZATIONS
- Chapter 54.1. FEATURES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
- Chapter 55. FEATURES OF LABOR REGULATION OF OTHER CATEGORIES OF WORKERS

PART FIVE

Section XIII. PROTECTION OF LABOR RIGHTS AND FREEDOMS. CONSIDERATION AND RESOLUTION OF LABOR DISPUTES. RESPONSIBILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW STANDARDS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 56. GENERAL PROVISIONS
- Chapter 57. STATE CONTROL (SUPERVISION) AND DEPARTMENTAL CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION AND OTHER REGULATIVE LEGAL ACTS CONTAINING LABOR LAW NORMS (as amended by Federal Law dated July 18, 2011 N 242-FZ)
- Chapter 58. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS OF WORKERS BY TRADE UNIONS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 59. SELF-DEFENSE OF LABOR RIGHTS BY EMPLOYEES
- Chapter 60. CONSIDERATION AND RESOLUTION OF INDIVIDUAL LABOR DISPUTES (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 61. CONSIDERATION AND RESOLUTION OF COLLECTIVE LABOR DISPUTES (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 62. LIABILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW STANDARDS

PART SIX

Section XIV. FINAL PROVISIONS

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

A fixed-term employment contract is concluded:

for the duration of temporary (up to two months) work;

for execution seasonal work when, due to natural conditions, work can only be carried out during a certain period (season);

with persons sent to work abroad;

with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional professional education in the form of an internship;

in other cases provided for by this Code or other federal laws.

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons applying for work in organizations located in regions of the Far North and equivalent areas, if this is related to moving to a place of work;

to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;

with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

with persons receiving full-time education;

with crew members of sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;

with persons applying for part-time work;

What is the difference between a contract with a temporary employee and a contract with a permanent one?

Most workers are much more willing to take a job permanent job than temporary. An employee who has entered into a contract with an indefinite duration has much more rights than a temporary employee. Permanent employees do not have to worry about finding a new job after the contract expires, unlike citizens who have entered into a temporary contract. Labor legislation in our country it is structured in such a way that the majority of workers, in order to ensure guarantees of their rights, must be employed on a permanent basis. Employment on a permanent basis implies the conclusion of an employment contract for an indefinite period. There is only a start date for the contract. When concluding an open-ended employment contract, it is impossible to specify the end date in advance. This is its main difference from a contract with a temporary worker concluded for a specific period. In general, the Labor Code does not contain such a concept as a “temporary worker”. It is understood that this is an employee performing work for a certain period of time. According to Art. 59 of the Labor Code of the Russian Federation, temporary work is work that requires up to two months to complete. There is no probationary period for employees performing temporary work. In the context of the issue under consideration, a temporary worker is an employee with whom a fixed-term contract (not necessarily for two months) is concluded, establishing the end date of the period of cooperation. An employer cannot, on its own initiative, decide with which employee to enter into a temporary contract and with which - a permanent one. For this purpose in Art. 59 of the Labor Code of the Russian Federation provides for the grounds on which a contract concluded with an employee may be of a fixed-term nature. If, in the absence of the grounds listed in the article, an employer enters into a fixed-term contract with an employee, his actions can be considered unlawful. A fixed-term contract cannot be concluded for a period of more than 5 years. So, the main difference between a contract with a temporary employee and a contract with a permanent one is the established period of validity of the temporary contract. A fixed-term contract may expire upon the occurrence of a certain date or event. The departure of the main employee to work, the end of the work season, or simply the end of the work period (for example, when a project is completed) entails the termination of the temporary employment contract. A permanent employee, unlike a temporary employee, is not limited by a specific period and feels more protected.

Is it possible to extend the temporary contract? For how long?

The law allows for the possibility of extending a temporary contract for certain categories of workers. This is due to the occurrence of certain life situations. Categories of workers for whom a temporary employment contract can be extended include pregnant women, athletes and university employees. The term of the contract with a pregnant woman is extended until the end of the pregnancy. To do this, the employee must provide a certificate and write an application. An employer can fire an employee on the day the maternity leave ends. For athletes, there is the possibility of a temporary transfer to another employer with the conclusion of an agreement for a period of no more than a year. This agreement can be extended for an indefinite period or a period determined by the parties if:

the athlete continues to work in a new place after the end of the temporary period;
neither the first nor the second employer requires termination of the temporary contract.

A university employee initially working under a fixed-term contract can count on its extension for a period of no more than 5 years or for an indefinite period. To do this, he must be elected through a competition to a previously held position, or to new position. The term of the contract is changed by agreement of the parties. There is also the possibility that it will be necessary to continue performing certain work after the end of the fixed-term contract. In this case, the employer will not have a conditional need to transfer the employee to a permanent basis. Is it possible in this case to extend the temporary contract without transforming it into an indefinite one? Legislation is interpreted differently, and at the moment there is no consensus on this matter. If we proceed from a literal interpretation, then the term of an employment contract can be extended only in cases specified by law. We have already listed them. However arbitrage practice shows that there is a possibility of extending the term of a temporary contract in cases not provided for by law. For example, if, in fact, at the time of termination of a fixed-term contract, which was concluded for the purpose of replacing the main employee, the main employee never returned to work. Even if the court recognizes the extension of the employment contract as lawful, its total term, taking into account this extension, should not exceed 5 years. This is the maximum duration of a fixed-term contract, according to Article 59 of the Labor Code of the Russian Federation. Sometimes it is more expedient for an employer to wait for the termination of a fixed-term contract in order to conclude a new temporary employment contract with the same employee, provided that the grounds for concluding such a contract remain intact. Otherwise, the employer always remains at risk of recognizing the extended contract as indefinite. If the procedure for extending a temporary contract is nevertheless used, it is formalized in an additional agreement. The additional agreement must be drawn up before the temporary contract expires, otherwise it will again be recognized as indefinite.

Possibility of renewing a fixed-term contract

The very word “reconclusion” implies the signing of a new urgent contract. agreement with the same employee. The previous contract with the employee has expired, and the organization needs to continue its employment relationship with him. However, it is illegal to constantly or unreasonably enter into a fixed-term contract with a temporary employee - if the labor relations of the parties contain signs of permanence, then the employer is obliged to issue an open-ended contract with him. Otherwise, this can be done through the court. So when is it legal to re-sign a fixed-term contract? There are two situations that give an employer the opportunity to renew a contract with a temporary employee for new term. The first situation: the employee is related to any of the categories given in Part 2 of Art. 59 of the Labor Code of the Russian Federation, and agrees to a new temporary agreement. Part two of this article contains a list of persons who sign a fixed-term agreement by agreement of the parties. For example, a citizen works under a fixed-term contract in an organization that is a small business with no more than 35 employees. After the expiration of the validity period of his contract, with the consent of the citizen, a new line contract can be signed with him (Article 59 of the Labor Code of the Russian Federation). In addition, in part 2 tbsp. 59 of the Labor Code of the Russian Federation lists the following persons:

pensioners who need medical prisoners are allowed only temporary work;
citizens moving to work in the Far North;
persons preventing disasters, accidents, epidemics;
creative workers of the media, theaters, cinema, etc. according to the list approved by the Government;
managers, their deputies and chief accountants;
full-time students;
ship crew members;
persons who work part-time;
and other persons specified in the Labor Code of the Russian Federation and the Federal Code. laws

The given list is not closed. So, with the citizens specified in Art. 59 of the Labor Code of the Russian Federation or other norms. acts, it is possible, with their consent, to renew the temporary contract for a new term. Second situation: the contract with the employee has expired, but management can offer him new job, the conditions of which do not allow for permanent employment. contract For example, an employee who was replacing her on a fixed-term contract returned from maternity leave. But at the same moment another employee goes on maternity leave, whose position may be offered to a fixed-term employee. According to the explanations of Rostrud, in such a situation, renewing a temporary contract for a new term is considered legal. In addition, Article 338 provides for the right of an employer to renew a fixed-term contract with an employee sent to work abroad. So, it turns out that extending a temporary contract for a new term with the same employee is possible only in certain situations and under a special set of circumstances. To renew a fixed-term contract, the employee must be dismissed due to the expiration of the contract and then rehired under a new temporary agreement.

New edition of Art. 59 Labor Code of the Russian Federation

A fixed-term employment contract is concluded:

for the duration of temporary (up to two months) work;

to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);

with persons sent to work abroad;

with persons entering work in organizations created for a predetermined period or to perform a predetermined job;

with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional professional education in the form of an internship;

with persons sent by employment services to temporary work and public works;

with citizens sent to perform alternative civil service;

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;

to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;

with persons receiving full-time education;

with crew members of sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;

with persons applying for part-time work;

in other cases provided for by this Code or other federal laws.

Commentary on Article 59 of the Labor Code of the Russian Federation

As mentioned above, the employment contract must also indicate the circumstances (reasons) that served as the basis for its conclusion. In this regard, we note again that the current version of Article 59 of the Labor Code of the Russian Federation contains a list of situations in accordance with which a fixed-term employment contract should or can be concluded.

We emphasize that an employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

Concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period is prohibited. The circumstances under which a fixed-term employment contract can now be concluded by agreement of its parties are set out in part two of Article 59 of the Labor Code of the Russian Federation. Upon expiration, a fixed-term employment contract can be:

terminated in the manner and on the grounds provided for by law, including early (both at the initiative of the employee and at the initiative of the employer);

by agreement of the parties, extended for a new term (as a fixed-term contract).

However, if, after the expiration of the fixed-term employment contract, none of the parties demanded its termination and the employee continues to perform the assigned work, then the condition on the fixed-term nature of this employment contract loses force and the latter is subsequently considered to be concluded for an indefinite period.

Another comment on Art. 59 Labor Code of the Russian Federation

1. Article 59 of the Labor Code of the Russian Federation in its previous version was based on the fact that a fixed-term employment contract could be concluded at the initiative of the employer or employee. Thus, the presence of initiative of the party (parties) to the employment contract was considered, along with the presence of a basis (reason) and an indication of the duration of the contract, as a prerequisite for concluding a fixed-term employment contract. However, in practice, such an instruction was not always possible to implement. Firstly, there are cases when the conclusion of a fixed-term contract is mandatory due to the direct instructions of the law. Secondly, the fixed-term nature of the contract in a number of cases is dictated by objective circumstances, the presence of which simply excludes the possibility of concluding an employment contract for an indefinite period.

Article 59 in the current version takes this into account. Accordingly, the entire list of reasons that may serve as grounds for concluding a fixed-term employment contract is divided into two parts. The first group of reasons objectively determines the fixed-term nature of the employment contract, regardless of the discretion of the parties. This conclusion is confirmed by the very wording of Part 1 of Art. 59 of the Labor Code, according to which “a fixed-term employment contract is concluded...”. If there are reasons related to the second group, an employment contract may be concluded by agreement of the parties.

In general, the list of grounds that determine the need or possibility of concluding a fixed-term employment contract has two features. On the one hand, in the wording of Art. 59 it is open. On the other hand, the list is supplemented exclusively by the state, and at a level no lower than federal law. In this sense, the list is closed, since it cannot be supplemented by either collective contractual or individual contractual regulation. In other words, no one except the state, and at the level of federal law, has the right to recognize this or that circumstance as a valid reason for concluding a fixed-term contract.

In this regard, the Code differs significantly from the previously existing labor legislation, which treated the question of the validity of the reason for concluding a fixed-term employment contract as a question of fact, i.e. as a fact subject to comprehensive assessment taking into account all specific circumstances. This approach is justified, since it is possible to judge with complete certainty the validity of the reasons for concluding an agreement only by studying all the circumstances. The legislator has significantly changed the approach to resolving this issue: the reason that is the basis for concluding a fixed-term employment contract is now legally formalized, and at the level of federal law. This, in turn, presupposes the existence of a corresponding list of grounds, and, as one might assume, a very extensive list. To some extent, Art. is intended to solve this problem. 59 Labor Code of the Russian Federation.

So, the conclusion of a fixed-term employment contract is conditioned by the existence of a basis established in federal law. It follows that a written request from an employee to conclude an agreement with him for a certain period, as is sometimes the case in practice, is not enough. It is necessary that the employee's request be justified by the reason specified in federal law.

2. All grounds for concluding a fixed-term employment contract can be combined into at least three groups, determined by: a) personality characteristics ( legal status) employee or employer; b) limited time due to certain circumstances of the work activity for which the employee is involved; c) the place where the employee’s labor is used.

3. Part 1 art. 59 establishes a list of circumstances in the presence of which a fixed-term employment contract must be concluded. In other words, the conclusion of a fixed-term employment contract is determined not by the discretion (initiative) of the parties, but by the presence of objective circumstances that do not depend on their will.

There are at least two problems with this legal provision.

The first comes down to the question of what may be the consequences of the fact that in the text of the employment contract as written document there is no indication of the fixed-term nature of the employment contract. If we approach this problem strictly formally, then we should come to the conclusion that in this case the employment contract should be considered concluded for an indefinite period (Part 3 of Article 58 of the Labor Code of the Russian Federation). However, one cannot fail to take into account that in the case under consideration, the employment contract by its nature is of a fixed-term nature and, therefore, cannot exist after the end of the circumstances that led to the conclusion of the contract. It seems that in this case one should proceed from the agreement of the parties regarding the fixed-term nature of the employment contract, even if this agreement was achieved not directly, but indirectly, in the form of silence. Accordingly, upon termination of the circumstances that served as the basis for concluding a fixed-term employment contract, it is subject to termination in the manner established by Art. 79 Labor Code of the Russian Federation.

The second problem comes down to determining the period for which an employment contract is concluded in the presence of the circumstances specified in Part 1 of Art. 59 Labor Code of the Russian Federation. As already noted, the legislator, formulating a list of such circumstances, proceeds from the fact that they objectively dictate the fixed-term nature of the employment contract, regardless of the will of its parties. If this is the case, then we should come to the conclusion that the duration of the employment contract is determined objectively and is limited by the time of existence of the relevant circumstance. In other words, when concluding a fixed-term employment contract in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation, the contract must be concluded in accordance with general rule for the entire period of existence of the circumstance that objectively determined the conclusion of a fixed-term employment contract, but no more than for the deadline established by law. For a period of shorter duration than the circumstances that led to the conclusion of a fixed-term employment contract, the contract can be concluded only at the motivated request of the employee.

4. Part 2 art. 59 of the Labor Code of the Russian Federation formulates a range of circumstances under which a fixed-term employment contract can be concluded by agreement of the parties. This formulation of the legislator means that a fixed-term employment contract is concluded only if there is the will of the parties. Accordingly, the parties in this case have the right to conclude both an agreement for an indefinite period and a fixed-term one, and in the latter case they have the right to establish any period of validity of the employment contract within the maximum period established by law. The text of the employment contract as a written document should indicate the type of employment contract, the reason that led to the conclusion of a fixed-term employment contract and the duration of its validity (indicating a specific date or circumstances the occurrence of which determines the termination of the employment contract). Failure to comply with these requirements may, in the event of a dispute, result in the employment contract being recognized as concluded for an indefinite period.

In this regard, the Supreme Court of the Russian Federation reasonably points out that in accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation in cases provided for in Part 2 of Art. 59 of the Code, a fixed-term employment contract may be concluded without taking into account the nature of the work to be performed and the conditions for its implementation. It must be borne in mind that such an agreement can be recognized as legal if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. Accordingly, if the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by the employee involuntarily, the court applies the rules of an agreement concluded for an indefinite period (parts 2 - 3, paragraph 13 of the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2).

Gavrikova I. A., senior scientific editor magazine "Salary"

Summer is the time for vacations, seasonal and temporary work. During this period, fixed-term employment contracts are most often concluded. What are their features compared to open-ended contracts? What do employees and employers lose and gain when concluding a fixed-term employment contract? You will find answers to these and other questions in the article.

Labor legislation provides for two types of employment contracts. According to Part 1 of Article 58 of the Labor Code of the Russian Federation, contracts can be concluded:

For undefined period;

for a certain period, but not more than five years. Let's talk in more detail about a fixed-term employment contract.

When they conclude

In some cases, the nature of the work to be performed or the conditions for its implementation do not allow formalizing an employment relationship with an employee for an indefinite period. Therefore, a fixed-term employment contract is concluded with him.

The grounds for concluding a fixed-term employment contract are listed in Part 1 of Article 59 of the Labor Code. And Part 2 of Article 59 of the Labor Code of the Russian Federation specifies cases when a fixed-term employment contract can be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of the employment relationship is exhaustive. This is also stated in the letter of Ros-Labor dated December 18, 2008 No. 6963-TZ.

Table.

*The list of jobs, professions, positions of creative workers was approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

If the specified grounds are absent when registering an employment relationship, the employer cannot conclude a fixed-term employment contract with the employee. Otherwise, in a labor dispute, this fact will be qualified as a violation of the employee’s rights. In addition, it is impossible to conclude fixed-term employment contracts multiple times without a temporary break, if we are talking about employees performing the same job function. This, in particular, is stated in paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2). Taking into account the circumstances of the case, such contracts can be recognized as concluded for an indefinite period.

We draw up a fixed-term employment contract

Now let’s move on directly to drawing up a fixed-term employment contract. As mentioned above, it is concluded only if there are grounds established by the Labor Code or other federal law. Therefore, when drawing up a contract, you need to indicate for what reasons it is concluded with the employee for a certain period. This requirement set out in paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation.

Mandatory terms of the employment contract

A fixed-term employment contract, like any other, must contain prerequisites. According to Part 2 of Article 57 of the Labor Code, this is:

place of work;

labor function;

work start date;

salary;

operating mode;

compensation;

nature of the work;

condition on compulsory social insurance, etc.

How to determine the terms of the contract

The term of the employment contract is probably one of the most important points of this document. Without it, the contract would not be considered urgent. Therefore, we will pay special attention to it. How to formulate a term condition? It all depends on the circumstances of the conclusion of the contract. Let's look at them.

The expiration date of the contract has been determined. If a specific date is set for the end of the employment contract, it must be written down in the document. Let us remind you that a fixed-term contract can be concluded for a period not exceeding five years.

In particular, the expiration date of a fixed-term employment contract is indicated in the case when the employing organization is created to perform specific work. Accordingly, employees will be hired for a period not exceeding their duration. This also applies to seasonal work (if the specific end date of the season is known) and elective positions.

Let's look at how an entry about a deadline can be formulated using an example.

Example 1

L.D. Smekhov got a job at Veselye Gorki LLC (amusement park) as a janitor. The park is open to visitors from May 1 to October 1. The employer entered into a fixed-term employment contract with him for the period of operation of the park. How to reflect the term condition in a document?

Solution

The clause of the contract that states the term of its validity will look like this:

"2. Contract time

2.3. The contract was concluded for five months for the period of operation of the amusement park from May 1 to September 30.

The expiration date of the contract has not been determined. In some cases, it is impossible to determine the end date of an employment contract. Here are some typical situations, when the contract specifies a condition regarding its validity period, and not a specific date. Thus, concluding a fixed-term employment contract is possible:

due to the employee leaving for maternity leave and parental leave;

employee illness;

performing seasonal work.

In these cases, the end of the employment contract is associated with a specific event, for example, the employee’s return to work after a long illness. In this regard, Resolution No. 2 provides the following explanations. If a fixed-term employment contract is concluded to perform a specific job, and exact date its completion is unknown, the contract is terminated upon completion of this work by virtue of Part 2 of Article 79 of the Labor Code.

Example 2

Confectioner P.L. Pryanishnikova was accepted into Vanil LLC for the duration of pastry chef V.A. Kalacheva has been undergoing treatment in a hospital since August 1, 2010. With P.L. Pryanishnikova signed a fixed-term employment contract. How will the term of the contract be spelled out if it is unknown when exactly V.A. Kalacheva will return to her place workplace?

Solution

In the employment contract with P.L. Pryanishnikova should have the following wording:

"2. Contract time

2.1. The Agreement comes into force on the date of its conclusion by the Employee and the Employer (or from the day the Employee is actually admitted to work with the knowledge or on behalf of the Employer or his representative).

2.3. The contract was concluded for the period of temporary disability of confectioner V.A. Kalacheva, who retains her job.

2.4. The validity period of the contract is determined until the return of the main employee V.A. Kalacheva.

2.5. If the main employee receives V.A. Kalachev’s disability with limited ability to work or dismissal, the Employer extends this contract with his replacement Employee for an indefinite period.”

Probation

Is it possible to install probation when concluding a fixed-term employment contract? It all depends on how long and for what work the employee is hired.

Seasonal work. When concluding an employment contract for the duration of seasonal work, a probationary period of more than two weeks cannot be established (Article 70 of the Labor Code of the Russian Federation). In this case, the seasonality condition must be included in the text of the contract in accordance with Article 294 of the Labor Code.

Temporary work. When drawing up a fixed-term contract for the duration of temporary work (up to two months), a probationary period is not established (Article 289 of the Labor Code of the Russian Federation).

Other works. When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

Let us remind you that according to Article 70 of the Labor Code of the Russian Federation, a test for hiring is also not established:

pregnant women and women with children under the age of one and a half years;
persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

under the age of 18;

graduated from state accredited educational institutions of primary, secondary and higher education vocational education and for the first time entering work in the acquired specialty within one year from the date of graduation educational institution;

those elected to an elective position for paid work;

invited to work by way of transfer from another employer as agreed between the employers;
to other persons in cases provided for by the Labor Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months, unless otherwise provided by federal law.

We draw up a fixed-term employment contract

Let's move on directly to the design of the document. As we noted above, all mandatory conditions must be included in it.

Particular attention should be paid to the reasons why a fixed-term employment contract is concluded and the timing of its expiration. Let's look at the preparation of this document using an example.

Example 3

Civil engineer E.V. Nezabudkin was hired by Project-Design LLC, created specifically to service the international youth sports games “Sportlantida”, planned in Volgograd in August 2010. Preparations for them began in January 2010, construction works due to be completed July 15, 2010. The organization will operate until July 31, 2010. With E.V. The Nezabud-kins need to conclude a fixed-term employment contract for the period of existence of this organization. How to compose it?

Solution

The fixed-term agreement is shown below.

Entry in the work book during employment

According to paragraph 4 of the Rules for maintaining and storing work records, production of work book forms and provision of them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225, information about the employee, the work performed by him, transfer to another permanent job, dismissal is entered into the work book, and the grounds for termination of the employment contract are also indicated and entered information about rewards for success in work.

Accordingly, if a fixed-term employment contract has been concluded with an employee for any period, it is necessary to make an entry about this in the work book or create a new one if there is none. The employer must make a record of hiring in the conscript’s work book if he has worked for him for more than five days and this work is the main one for this employee. This is the requirement of paragraph 3 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

However, this does not mean that it is necessary to indicate in the work book that a fixed-term employment contract has been concluded. Also, attention is not focused on the fact that the employee, for example, replaces an absent specialist. It is enough to make a standard entry, for example: “Hired as a mechanic,” indicating the serial number of the entry, the date, as well as the details of the hiring order. This is, in particular, stated in the letter Federal service on labor and employment dated 04/06/2010 No. 937-6-1.

Vacation of a conscript employee

For an employee who has entered into a fixed-term employment contract, general procedure annual paid leave is provided with preservation of place of work and earnings (Article 114 of the Labor Code of the Russian Federation). Its duration is at least 28 calendar days per working year (Article 115 of the Labor Code of the Russian Federation). If an employee has worked for less than a year, the duration of leave is calculated in proportion to the time worked.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer (Part 2 of Article 122 of the Labor Code of the Russian Federation).

Vacation payment is made based on the average wage, which is calculated according to the rules established in Article 139 of the Labor Code, as well as in the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.

In accordance with Part 1 of Article 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the internal rules labor regulations employer.

Extension of a fixed-term employment contract

In what cases can a fixed-term employment contract be extended? Let's consider several situations.

Mandatory contract extension

Validity of a fixed-term employment contract in mandatory can be extended only in one case - if it coincides with the employee’s pregnancy period. In this situation, the employer is obliged to extend the term of the employment contract until the end of the pregnancy. This is stated in Part 2 of Article 261 of the Labor Code.

The employee must submit a written application and bring a medical certificate confirming the state of pregnancy.

Prolongation by agreement of the parties

Part 4 of Article 58 of the Labor Code says the following. In the event that neither party requested termination of the fixed-term employment contract due to its expiration and the employee continues to work, the condition on the fixed-term nature of the employment contract loses force. After this, the employment contract is considered concluded for an indefinite period. Is it necessary to document the fact of changing the status of a fixed-term contract to an open-ended one?

In fact, the change in contract status occurs automatically. After this, the fixed-term employee is subject to labor law norms that are provided for employees who have entered into permanent employment contracts. For example, such an employee can no longer be dismissed on the basis of the expiration of the employment contract (Clause 2 of Article 77 of the Labor Code of the Russian Federation).

However, in this case, it is advisable to prepare a number of documents. Such recommendations are given in the letter of Rostrud dated November 20, 2006 No. 1904-6-1.

First of all, this additional agreement to the employment contract. It can be worded as follows: “State clause No.... in the following wording: “This employment contract is concluded for an indefinite period.”

Fixed-term contract with a pensioner

Employers often enter into fixed-term contracts with pensioners. At the same time, many believe that this is the only form of relationship with this category of employees. However, it is not. The Constitutional Court's Ruling No. 378-O-P dated May 15, 2007 states that when concluding an employment contract with a pensioner, the term can only be set by agreement of the parties. A similar conclusion is contained in paragraph 13 of Resolution No. 2.

Consequently, employment contracts can be concluded with retired employees for an indefinite period. There is also no need to dismiss an employee who has received pensioner status and enter into a fixed-term contract with him. He can continue to work on the basis of a previously concluded open-ended contract.

Termination of a fixed-term employment contract

The employment contract with the conscript employee is terminated due to the expiration of its validity period. This is stated in Part 1 of Article 79 of the Labor Code of the Russian Federation. The procedure for terminating a fixed-term employment contract is regulated by Article 79 of the Labor Code of the Russian Federation. The employee is notified in writing of the termination of the employment contract upon expiration of the term at least three calendar days before dismissal. Only in the case where a fixed-term contract is concluded with an employee for the period of replacing an absent specialist, the employer may not warn him in advance.

The notification is drawn up in any form. It must indicate the termination date of the contract and the justification (for example, in connection with the completion of work).

Order of dismissal

After the employee is notified of the end of the employment contract and there are no obstacles to its termination, the manager issues an order to dismiss the employee. For this purpose, there are two unified forms No. T-8 and T-8a (in case of dismissal of several employees), which were approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment.”

A fixed-term employment contract can also be terminated on the general grounds established in Article 77 of the Labor Code of the Russian Federation, namely:

by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
employee initiative (Article 80 of the Labor Code of the Russian Federation);
initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

Entry in the work book

On the day of termination of the employment contract, the employee must be given a work book (Part 4, Article 84.1 of the Labor Code of the Russian Federation).

According to clause 5.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, upon termination of an employment contract on the grounds provided for in Article 77 of the Labor Code of the Russian Federation, an entry about dismissal is made in the work book with reference to the corresponding paragraph of this article.

On a note

When to dismiss an employee if a fixed-term employment contract is terminated on a holiday or weekend? According to Article 14 of the Labor Code of the Russian Federation, the expiration date of the employment contract, if the last day is a non-working day, is considered to be the next working day following it.

In the event of dismissal of a conscript employee, when making an entry on the termination of a fixed-term employment contract, it is necessary to refer to clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation. The wording will look like this: “Dismissed due to the expiration of the employment contract, paragraph 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

After receiving the work book, the employee must sign in the work book record book and their inserts in the form approved in Appendix 3 to Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, and on the last page of the personal card, unified form which No. T-2 was adopted by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

If temporary disability coincides with the expiration of a fixed-term contract

If an employee is on sick leave at the time his contract expires, the fixed-term employment contract will not be renewed. The employee is dismissed on general grounds. However sick leave must be paid. The employer is obligated to do this by Article 183 of the Labor Code of the Russian Federation. It states that upon the occurrence of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal laws.

In turn, in paragraph 2 of Article 5 Federal Law dated December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity” states that temporary disability benefits are paid to insured persons not only during the period of work under an employment contract, but also in cases where illness or the injury occurred within 30 calendar days from the date of termination of its validity.

Taxation and payments upon dismissal

Labor legislation instructs the employer, on the employee’s last working day, to pay him wages for the time worked (Article 140 of the Labor Code of the Russian Federation) and compensation for unused vacation(Part 1 of Article 127 of the Labor Code of the Russian Federation). It is permissible to establish other payments in a collective or employment agreement.

Thus, part 4 of article 178 of the Labor Code states that labor or collective agreements can establish not only the payment of severance pay not provided for in parts 1-3 of article 178 of the Labor Code of the Russian Federation, but also increased amounts of severance pay.

Upon dismissal, the employee is paid wage for time worked, and in some cases - severance pay.

The first two payments are subject to:

insurance premiums (clause 1, article 7 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund Russian Federation, Foundation social insurance Russian Federation, Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds").

Amounts of wages and compensation are included in the taxpayer’s expenses for labor costs (Part 1 of Article 255 of the Tax Code of the Russian Federation).

Wages are subject to contributions for injuries (clause 3 of the Rules for the calculation, accounting and expenditure of funds for the implementation of compulsory social insurance against accidents at work and occupational diseases, approved by Decree of the Government of the Russian Federation dated March 2, 2000 No. 184).

Compensation is not subject to contributions for injuries (clause 1 of the List of payments that are not subject to insurance premiums in the FSS of Russia, approved by Decree of the Government of the Russian Federation dated 07.07.99 No. 765).

Severance pay within the limits of the norms is not subject to personal income tax, insurance contributions (subclause “e”, clause 2, part 1, article 9 of the Federal Law of July 24, 2009 No. 212-FZ), and is not subject to contributions for injuries (clause 1 of the List of payments , for which insurance premiums are not charged to the Federal Social Insurance Fund of Russia), reduces the taxable base for income tax as part of labor costs (clause 9 of Article 255 of the Tax Code of the Russian Federation).

In accounting, wages, severance pay and compensation for unused vacation are classified as expenses for ordinary activities (clause 5 of PBU 10/99).

The accrual and payment of them to the employee is reflected in the following entries:

DEBIT 20 (23, 25, 26, 29, 44) CREDIT 70- payments are accrued to the employee upon dismissal;

DEBIT 70 CREDIT 68 subaccount “Personal Tax Payments”- personal income tax is withheld from payments that are subject to this tax;

DEBIT 70 CREDIT 50 (51)- payments were issued (transferred) to the employee.

The features of terminating an employment contract with seasonal workers are discussed in the article “Dismissal of a seasonal worker // Salary, 2010, No. 7.” Samples of filling out documents are also provided there. - Note. ed.

Fixed-term contract Article 59. Fixed-term employment contract: what are its features

Article 59. Fixed-term employment contract

Other articles in this section

Judicial practice under Art. 59 Labor Code of the Russian Federation

Amendments to Art. 59 Labor Code of the Russian Federation

Mentions of Art. 59 of the Labor Code of the Russian Federation in legal consultations

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

What is the difference between a contract with a temporary employee and a contract with a permanent one?

Is it possible to extend the temporary contract? For how long?

Possibility of renewing a fixed-term contract

Commentary on Article 59 of the Labor Code of the Russian Federation

Another comment on Art. 59 Labor Code of the Russian Federation

When they conclude

Table.

We draw up a fixed-term employment contract

Mandatory terms of the employment contract

How to determine the terms of the contract

Example 1

Solution

Example 2

Solution

Probation

We draw up a fixed-term employment contract

Example 3

Solution

Entry in the work book during employment

Vacation of a conscript employee

Extension of a fixed-term employment contract

Mandatory contract extension

Prolongation by agreement of the parties

Fixed-term contract with a pensioner

Termination of a fixed-term employment contract

Order of dismissal

Entry in the work book

On a note

If temporary disability coincides with the expiration of a fixed-term contract

Taxation and payments upon dismissal