Who has the right to conclude a fixed-term employment contract. Dismissal under a fixed-term employment contract

Almost every resident of our country has heard about the TIN. But not everyone knows about the purpose of this important document and how to obtain it. Let's figure out what a TIN is and why it is needed.

TIN - what is it

Tax identification number(abbreviated TIN) - a document containing a digital cipher assigned to all taxpayers in our country. Taxpayer identification numbers are used by all government agencies.

TIN document

Thanks to the existence of identification numbers, the state can exercise control over the timely payment of taxes by citizens, check the integrity of employers, monitor the correctness of pension contributions, etc. The TIN is assigned after the taxpayer registers, where he receives a certificate of registration in tax authority.

For an individual, this document can be useful in many situations, for example:

• employment;
• declaration of income;
• registration of various tax deductions;
• filling out various documents;
• registration on the Portal public services and further use of it;
• obtaining data on tax debts, etc.
• IP opening.

A TIN may also be needed for a child, for example:

• if taxable property is registered on it;
• if it is necessary to receive an inheritance issued to the child;
• if the child gets a job or opens his own business;
• if it is possible to issue tax and social deductions, etc.

It is especially important to have a certificate of tax registration for legal entities. They use this document in their activities very often, for example:

• drawing up contracts with contractors;
• submitting reports to regulatory authorities;
• taking part in public auctions;
• processing loans and credits, etc.

TIN decoding

Individuals are assigned a twelve-digit TIN:

• the first two digits in which mean the region;
• the next two - the number of the tax office that issued this document;
• from 5 to 10 - this is directly the number under which the entire the necessary information about the taxpayer;
• 11 and 12 is a verification code, it is calculated according to a certain scheme and eliminates inaccuracies when entering information.

TIN of legal entities consists of ten digits:

• the first two are the region code;
• the next two are the department of the Federal Tax Service that issued the TIN;
• from 5 to 9 - taxpayer number;
• 10 is a digit for data entry control.

How to get a TIN

Many citizens, faced with the need to obtain a TIN, ask themselves the question: “What is a TIN and where can I get it?”. We have already answered the first part of the question, now let's figure out how to get this document.

Ways to obtain a TIN for individuals

The Tax Code of the Russian Federation has Article 83, which describes in detail the procedure for issuing the document in question. Individuals are given the opportunity to issue a certificate of registration with the tax service in several ways:

1. Direct visit to the tax office.
2. Sending the application with the attached documents by registered mail.
3. Filling out an application through a special service on the website of the Federal Tax Service.

Let's consider each method in more detail.

Visiting the tax office in person. When obtaining a TIN in this way, you need to give the following documents to the tax officer:

• application in the form No. 2-2. It can be downloaded on the official website of the Federal Tax Service (https://service.nalog.ru/zpufl/docs/form.tif) or obtained directly from the tax office;
• passport of a citizen of the Russian Federation and 2 copies of it.
• if the place of permanent residence is not indicated in the passport, you will need to present an additional document confirming this registration.

Sample application form No. 2-2

Not later than 5 days after you submit the documents, tax officials will register you and issue a long-awaited certificate.

Receipt of TIN by mail. If you cannot visit the tax office for any reason, then you can send the application and the documents attached to it by registered mail. In response, the Federal Tax Service is obliged to register you within 5 days and issue a certificate confirming this fact.

Filling out an application through a special service on the website of the Federal Tax Service. per century high technology there was an opportunity to get almost everything Required documents without leaving home. The same applies to TIN. You just need to go to the official website of the tax service, and using special service, send an application for a TIN. After that, within the same 5 days, the employees of the Federal Tax Service will send to your email address certificate in electronic form.

Features of registration of TIN for children

If at the time of registration with the tax authority the child is under 14 years old, then one of the parents, guardian or other legal representative fills out the application for him. When submitting an application to the Federal Tax Service, the legal representative of the child must have:

• the statement itself;
• birth certificate of the child;
• a document certifying the address of the child's residence;
• passport of the legal representative of the child.

Children who have reached the age of 14 can receive a TIN in the same manner as adult citizens of our country.

Features of obtaining a TIN by a legal entity

The Tax Code of the Russian Federation states that a legal entity has an obligation to register for tax purposes no later than 10 days after registration. When submitting an application for registration, the organization must attach to it all the constituent documents it has.

Do I need to change the TIN

The identification number is given to the taxpayer once and never changes under any circumstances. This is stated in the Tax Code of the Russian Federation (Article 84) and in the Order on the procedure for assigning a TIN (paragraphs 15, 16, 19).

Also, the Tax Code of the Russian Federation states that there is no assigned obligation for individuals to inform employees of the Federal Tax Service that changes have occurred in their personal data. The Order on assigning a TIN also does not say anything about this. And finally, the current form of the certificate itself also does not have such requirements.

Based on the foregoing, it can be concluded that when changing personal data, the replacement of the certificate is not required.

What to do if you lose your TIN

All taxpayer identification numbers are entered and stored in the appropriate state register, therefore, if there is a loss or damage to the certificate form, it will not be difficult to issue a duplicate of this document. All you need to do is to provide tax documents:

Documents can be submitted on your own by visiting the tax office, passing through a representative or sending a registered letter.

Do foreigners need a TIN

Article 83 of the Tax Code of the Russian Federation states that TIN is assigned to all individuals without exception. Individuals include not only citizens of Russia, but also citizens of other states, as well as stateless persons.

Thus, we can conclude that all of the above citizens can get a TIN in Russia. As for foreign organizations, they not only have the right, but are also required to register as a taxpayer if they conduct or plan to conduct business in the territory of our state.

A taxpayer identification number (TIN) is a special code that is given to each taxpayer. It is indicated on the certificate of tax registration and may be required when applying for a job and making some financial transactions.

As practice shows, a person cannot always save this document, much less remember his TIN. Also, there are often cases when tax officials register a person without any notification, that is, without telling him his identification number.

Therefore, in this moment each individual has the opportunity to find out his TIN via the Internet.

How to find out the TIN number on the passport online

Having access to the Internet and a passport, each individual can obtain information about his TIN. To do this, it is enough to make a request to the tax service in a certain form, and then wait for a response containing the taxpayer identification number.

Where can it be done

TIN is not strictly confidential information, therefore it is quite legal to provide such data via the Internet. However, you can find out your identification number only on two official resources.

The first is the official website of the Federal Tax Service Russian Federation, the second is the portal of public services.

If some other site contains information that it can provide you with your TIN if you enter passport data, then you should not trust it. This site is most likely a scammer.

What is required for this

To find out information about your TIN via the Internet using the official website of the tax service or through the portal of public services, a citizen will have to enter his passport data in a form specially designated for this.

This form contains fields in which you must specify your first name, last name and patronymic, date of birth, place of birth, as well as the number, series and date of issue of an identity document.

It is not necessary to use only a passport. To fill out the form, you need to indicate the relevant information from the birth certificate, residence permit in the Russian Federation, temporary residence permit in the territory of the Russian Federation and some other documents.

Foreign nationals can also use their passport or birth certificate as proof of identity when filling out the form to obtain said data.

Instructions for filling out the form

In order to get data about your TIN online, an individual needs to go to one of the two proposed sites.

On the website of the tax service

An individual who decides to take the opportunity to find out his TIN on the website of the Federal Tax Service (nalog.ru) will need to do the following:

On the main page of the site in the "Electronic Services" section, click on the "Find out the TIN" button.

Get acquainted with brief information about the conditions and the process of providing information about the TIN, then click on the "Find out your TIN" button.

Fill out the form posted on the site.

• if a citizen does not have a middle name, he may not indicate it, but for this it is necessary to check the box "No middle name";
• the date of birth can be entered manually, or it can be noted on the proposed calendar;
• the "Place of birth" field is the only field on the entire form that is optional;
• in the field "Type of identity document" by default, "passport of a citizen of the Russian Federation" is set. If an individual is going to enter data about his other document, he needs to select his name in the proposed list;
• the date of receipt of the identity document, as well as the date of birth, can be entered manually or marked on the attached calendar;
• the field "Numbers from the picture" is necessary to confirm that the information is entered by a person, and not a robot. If the numbers in the picture are too illegible, they can be replaced by clicking on the “update picture with numbers” button.

If a citizen made any mistakes when filling out the form, he can click on the "Clear form" button and start filling it out again.

If everything is filled out correctly, then you need to click on the "Submit Request" button. After that, TIN of an individual will appear in the result field.

Video - how to find out your TIN on the site tax.ru:

On the portal of public services

Go to the "find out your TIN" section - LINK.

As well as on the website of the tax service, you must fill out the appropriate form and click the "check" button.

As a result of the search, the system will display: “The data was successfully received. Your TIN XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Video - how to find out your TIN on the public services portal:

For what reasons the identification number may not appear in the result field

Some individuals when trying to find out your TIN, they encounter a problem that is expressed in an automatic message: “According to the information you specified, the TIN assigned when you registered with the tax authority was not found in the FBD of the USRN.”

The causes of this problem may be the following factors:

• Error filling out the form;
• Possession of a newer identity document;
• No TIN.

In the first two cases, the individual must re-fill out the form with the correct information.

In the absence of a TIN, a citizen should contact tax office district of his residence with an application for registration. You need to take a passport or other document with you to confirm your identity. The official website of the Federal Tax Service also provides citizens with the opportunity to file such.

Is it possible to know by last name

These services do not provide such an opportunity for individuals, so if a citizen wants to know his taxpayer identification number, he will need to enter his passport data in the form.

The procedure for obtaining information about the TIN is somewhat simplified only for individual entrepreneurs.

In order to find out your TIN, or one of your partners, it is enough to enter the last name, first name, patronymic of the taxpayer, as well as the region in which he lives.

In addition to TIN tax service can also provide information about the species economic activity, which this taxpayer is engaged in and some other important, but not confidential information.

What data can be obtained about an individual by having his taxpayer identification number

No service provides such information about individuals. In this case, the exception is again made only by individual entrepreneurs. According to their TIN or OGRNIP (the main state registration number individual entrepreneur) you can find out not only the last name, first name and patronymic of the taxpayer, but also the address of his registration. This is also done on the official website of the Federal Tax Service, obtaining data in this way is completely legal.

Results

For whatever purposes the taxpayer needs to find out his identification number, he can do this without leaving home thanks to the electronic services of the Federal Tax Service and the public services portal. To do this, just fill out a fairly simple and short form, after which the tax service will provide the necessary information.

At the same time, individuals may not worry that someone will be able to find out their TIN and somehow use this information, because this data is not provided without indicating an identity document.

What is urgent labor contract? What does it mean? The word "term", indicated in the title of the term, does not mean at all the speed of making a decision on concluding a transaction, but duration of the employment relationship.

A fixed-term employment contract means that at a given moment an enterprise needs an employee for the duration of a certain job, and its manager assumes that upon expiration labor Relations will be terminated.

for example when it is impossible to conclude an indefinite contract, which is usually associated with:

• worker who occupied vacant position previously gone to maternity leave. The place behind it is reserved in accordance with the Law;
• for seasonal work. There is a need for harvesters, drivers of summer routes, auxiliary workers of ski slopes. The business is restricted by the weather or natural conditions, therefore, maintaining a full staff year-round is not economically feasible;
• the job for which recruitment is open is not permanent in principle and the need for it lasts no more than two months. For example, a company plans to run a promotion and needs promoters who will offer prospective buyers flyers with the address of a new trading house or office;
• if carried out promotions possible at least periodically, then there are activities that generally go beyond current activities. Reconstruction of the premises is required, the development of a logo is needed new company, site creation, a lawyer to consider the case in the Arbitration Court. Such a task can be entrusted to a specialized company, or it can be performed by newly recruited employees.

Citizens performing alternative service or sent for compulsory public works; trainees; trainees; persons accepted for work abroad; elected deputies are also employed for a predetermined period.

When it is possible to conclude an open-ended contract, but for reasons of rotation, the requirements of the law for the employment of certain categories of citizens or working conditions, it is desirable to limit it to the end date. Wherein both parties must agree on the term of the contract.

Examples of such a voluntary restriction:

• managers, their deputies and chief accountants of enterprises. By virtue of the responsibility assigned to these positions, the owners of legal entities thus insure the risks of inefficient management of enterprises;
• full-time students;
• part-time workers;
• liquidators of emergency situations;
• newly employed old-age pensioners and disabled people who are not allowed permanent employment due to health reasons;
• employees at enterprises of private entrepreneurs, where the number of employees is not more than 35 people;
• employees on sea and river vessels;
• employed with the condition of moving to the regions of the Far North;
• creative workers of editorial offices, theaters, the film industry, circuses (the list of such professions and positions is approved by the Government of the Russian Federation) and others.

The subtleties of the conclusion

What is the difference between a fixed-term employment contract and a regular employment contract? At the end of the fixed-term employment contract, the employee is subject to dismissal. This is the difference between a fixed-term employment contract and a regular “permanent” employment contract. If the term of a fixed-term employment contract is not stipulated - you are employed “permanently”, your dismissal is not expected.

In terms of basic guarantees and rights of workers, there should be no differences with those employed on the condition of indefinite employment. Temporary workers have the right to leave, normal working hours, wages. They are provided with clothing and equipment. personal protection, they are subject to all local regulations enterprises and Regulations on labor protection.

Duration

How long is a fixed-term employment contract? What maximum term? And what is the minimum?

Fixed-term employment contract concluded for a period not exceeding five years- this is the limit (maximum) period, the minimum is not specified in the Law.

This is:

• concluding an agreement for a period of up to two months;
• selected to fill vacancies by competition;
• holding a paid elective office;
• conscripts for alternative civilian service;
• women who are raising children under the age of 1.5 years and pregnant employees;
• graduates who are employed in their specialty for the first time within one year from the date of graduation (for educational institutions with state accreditation), apprentices who completed an apprenticeship in the same enterprise;
• minors (under 18 years of age);
• persons transferred from another employer.

• employed for 2-6 months - 2 weeks;
• managers, their deputies, chief accountants - six months;
• civil servants - from one month to six months or up to a year (Article 27 federal law No. 79-FZ of July 27, 2004);
• other cases - 3 months.

Registration of a work book

If the employment contract is certain period, when accepted, is done in the usual manner and does not contain references to the term ( Letter of Rostrud No. 937-6-1 of 04/06/2010). Violation this rule entails the administrative responsibility of the employer under article 5.27 of the Code of Administrative Offenses of the Russian Federation.

But upon dismissal, if the employee terminates the employment relationship, an entry is made “upon the expiration of the employment contract, clause 2 of the first part of Article 77 of the Labor Code of the Russian Federation”.

Since the wage fund for temporary and permanent employees does not differ, the enterprise deducts mandatory payments to the funds social insurance for all, and the length of service for all employees is calculated according to the same rules.

Leave and compensation

The procedure for granting annual leave does not differ from the usual one, employees are granted a vacation of 2 days for each month of work based on a six-day working week (Articles 291, 295 of the Labor Code of the Russian Federation, Letter of the Ministry of Labor N 625-BB ​​of 02/01/2002).

Compensation for unused vacation also charged in the usual way, however, here you need to remember that if the employment is less than 15 days, it is still valid article 35 of the Rules of the NCT of the USSR on regular and additional holidays No. 169 of 04/30/1930"In calculating... surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to the full month."

Maternity leave for employees provided in the usual way(). But its duration does not depend on the method of registration, just the dismissal of the employee will occur on the last day of maternity leave.

But leave to care for a child until he reaches one and a half years provided only for the duration of the contract ().

You can download a sample fixed-term employment contract.

"Pros and cons"

So, let's look at the pros and cons of a fixed-term employment contract for an employee. Temporary nature of work, of course, limits the desired conditions for employment, but in the case when it is not possible to find a permanent position, one should be guided by other considerations: the size wages, working conditions, gaining work experience in a successful company, filling a forced pause in case of unemployment.

And then, life goes on and circumstances may change: for example, You will establish yourself as special valuable employee and you will be offered another position in the structure of the same enterprise, after the end of the parental leave, the employee will go on the next pregnancy leave, or change jobs to the one that she considers the most suitable.

Temporary work is in demand by students, housewives or retirees who want to earn extra money.

If your profession is a builder or a specialist in information technology, for you, most likely, there will be a job in such a niche, if you are not an employee of a specialized organization and are capable, attracting material resources enterprises to perform highly professional tasks.

For an employer who wants to cut costs and has the ability to control work on their own, attracting specialists for a specified period can be no less profitable.

If capital work is carried out in an economic way, if a permanent specialist has taken a sick leave or gone on vacation, and the labor market allows you to attract additional labor resources Why not take advantage of the proposed legislation?

The personnel service, in this case, must function flawlessly, because, if the date of dismissal is missed - the person remains in the state permanently.

Passed stage

So, the final date of the concluded contract expires. What are possible ways? Extension? Completion? How to fire?

Consider typical cases:

• . The employee is given the final payment and the work book is returned with the entry "at the end of the term ...". Everything, as usual, if the enterprise complied with the conditions of the conclusion and had legal grounds for this;
• – if a woman is pregnant or caring for a baby under 1.5 years old;
• the reduction of an employee under a fixed-term employment contract is possible by decision of the employer, even if the contract has not expired. The employee is paid compensation, dismissal allowance within two months;
• transfer to a permanent job(by agreement of the parties or oversight of the personnel service);
• early dismissal at the initiative of one of the parties - similar to generally accepted procedures;
• re-decoration. Arbitrage practice shows that repeated re-arrangements violate the Law and the employee will have the right to appeal the next dismissal on these grounds with reinstatement.

Each person has the right to independently decide what is more important for him, stability or a constant change in activities and impressions. But whatever you choose, it is important to remember the "rules of the game", to be under the protection of the law. We hope our article has helped you better understand one of the issues of labor relations.

Useful video

What is a fixed-term employment contract, in what cases and in what order it is concluded, you will learn in the video below:

The Labor Code of the Russian Federation gives the right to employers to draw up fixed-term employment contracts. But this can be done only if there are grounds specified in the legislation. That is, the management of the enterprise cannot conclude a temporary employment contract with any person, at will.

Who and with whom can conclude such a document?

A fixed-term employment contract is concluded between the parties to the employment relationship, that is, between the employee and the employer. To conclude such an agreement, there must be a legal basis, the employer cannot make an employee based only on his desire.

If the contract does not specify such a basis or it does not correspond to reality, the contract can be recognized and the employee becomes permanent.

Advantages and disadvantages

The main advantage of a fixed-term employment contract for the employer is that the period of work for a person is limited, after it ends, he should not renew his employment relationship with him.

Also, employees who have entered into contracts for a period of less than six months may not be paid the full reduction benefit or not be warned if the contract expires earlier than two months, that is, before the date of reduction.

For an employee, a fixed-term employment contract has practically no advantages, with the exception of the fact that under a contract the term of which is less than two months, it is not established, and you can quit with just three days' notice.

Conditions for issuing a fixed-term employment contract

The main condition that makes it possible to conclude a temporary employment contract with an employee is the existence of a legal basis, which must be indicated in the text of the contract.

Foundations

The grounds for concluding a fixed-term employment contract are given in article 59 of the Labor Code of the Russian Federation. This includes:

1. , which retains space.
2. Implementation of temporary and seasonal work. In this case, the work must necessarily be of a pronounced temporary nature or be seasonal.
3. Performing work that is not the main activity of the enterprise.
4. Performing work in organizations or workplaces that were originally created for a certain period of time.
5. Citizens whom the enterprise sends to work outside the country.
6. Election to an elective office or elected body.

For these reasons, the employer may conclude an employment contract without the consent of the employee.

In addition, there are grounds on which the employment contract may be temporary if the parties have agreed on this.

In practice, when hiring, the employer announces his intention, and the employee may agree or not.

In case of disagreement, he is simply not hired due to the lack of agreement between the parties.

These grounds include the following:

1. With pensioners by age who are registered for work.
2. With workers taking jobs in companies that can be classified as micro-enterprises.
3. With managers, their deputies and chief accountants.
4. With partners.
5. With full-time students.
6. With persons who occupied the vacancy as a result of competitive selection.
7. If the work has special conditions ( creative work, work on sea ​​vessels and in the Far North, preventing the consequences of accidents and disasters).

If the reason is not specified, then it is considered that the contract is concluded as temporary without legal grounds.

Required documents

The fact of concluding a temporary contract is also reflected in several other documents.

Statement

The application form is not approved, as is not approved what the employee must. But in practice it is much more convenient when this fact is reflected. For example: I ask you to accept me as an accountant during the absence of a permanent employee.

The rest of the application is written in the usual manner.

Order

After an employment contract is signed with the employee, an order is drawn up for his admission. Usually use unified form T-1. It indicates that the employee was hired for a while, and for what reason. If the date of dismissal is determined, then it is also indicated in a special cell.

Based on the order, an entry is made in work book, but it does not note that the work is temporary.

The nuances of the conclusion with different categories of citizens

Separately, it is necessary to consider several categories in respect of which there are nuances when concluding an employment contract for a certain period.

Minors

The Labor Code of the Russian Federation does not indicate that the employer does not have the right for employees to have fixed-term contracts. Accordingly, persons under 18 years of age can also be employed for a certain time, if there are grounds for this.

But at the same time, the employer must comply with all the conditions that are determined by chapter 42 of the Labor Code of the Russian Federation:

1. Work must not be dangerous or harmful.
2. The working day should not exceed the norms that are established for a certain age.
3. Minors may not be sent on business trips or employed at night.
4. It is also prohibited to engage in overtime work and work on weekends and holidays.

Termination of labor relations due to the expiration of the employment contract does not apply to the initiative of the employer, which means that in this case this procedure is possible without the involvement of the labor inspectorate and the commission on minors.

Pregnant women

Obliges the employer to extend the contract with a pregnant woman until the end of her pregnancy, that is, until childbirth. If a woman receives sick leave for pregnancy and childbirth and goes on appropriate leave, then the contract is extended until it ends. If she returns to work after giving birth, the employer can terminate the contract with her within 7 days.

Read also: Conclusion of a part-time employment contract in 2020

In order for the contract to be extended, the employee must do the following:

1. Write an application for an extension indicating the reason.
2. Attach a certificate of pregnancy to the application.

The employer has the right to require a certificate of pregnancy every month until its completion.

If the employer does not have the opportunity to extend the employment contract of the pregnant woman, for example, in the event of the departure of the main employee, then before dismissal, he must offer her all available vacancies that suit her, taking into account her position.

pensioners

By agreement of the parties with pensioners by age, a fixed-term contract can be concluded. The term of such an agreement is limited only to a maximum limit of five years.

It is possible to conclude a fixed-term contract with a pensioner only if he finds a job at a new job. If at the time of retirement age he worked in an organization and had an indefinite employment contract, then he cannot be transferred to temporary work.

Leaders

An employment contract with a manager can be temporary for two reasons:

1. By agreement of the parties.
2. In the case when the position of the head is elective.

According to Article 275 of the Labor Code of the Russian Federation, the validity period of such an agreement must be determined by the statutory or other local regulatory documents, respectively, it can be concluded for more than 5 years.

Payment Features

Temporary workers are paid on the basis of the regulations in force in the organization. But at the same time, there are certain nuances when paying vacation compensation.

Compensation for unused vacation

The Labor Code of the Russian Federation makes a reservation only regarding vacations for employees who have concluded an employment contract for less than two months or their work is seasonal. In this case, they are granted leave (compensation) at the rate of 2 calendar days per month, and not 2.33 as in all other cases.

For all other categories of employees who have concluded temporary employment contracts, general principles calculation of holidays and compensation for them.

Vacations and sick days

Since, for obvious reasons, temporary workers may not fall into vacation schedules, they can be provided with rest only in agreement with the employer, especially for those categories whose employment relationship does not exceed six months.

During the period of temporary incapacity for work, temporary employees are subject to all the benefits due to the main employees. That is, they keep workplace and benefits are paid.

If the employment contract ended while the employee was on sick leave, the employer still has the right to dismiss him. Moreover, if this is not done, the contract may be recognized as open-ended due to the fact that none of the parties initiated its termination after the expiration date.

Termination Features

If after the deadline, the employer must notify the employee 3 days in advance, if possible. This becomes impossible if the contract does not indicate a specific date, but the occurrence of a certain event, for example, the exit of the main employee.

In this article, we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. The head in this case concludes that after completion this period employment relationship will end.

People decide to fix such an agreement in connection with the occurrence of certain reasons, for example, if the job seeker is not entitled to conclude an open-ended agreement:

1. Due to the fact that the employee who previously occupied the vacant position is currently on maternity leave (the law establishes that this position still belongs to that employee).
2. In connection with seasonal work, when, for example, a harvester is needed, and the organization cannot provide efficient work without hiring additional labor.
3. Work under a fixed-term employment contract, where employees are currently recruited, is not permanent and lasts approximately 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see) who will “promote” the organization by distributing leaflets on the street.
4. New employees may also be required if the company is just starting to "go out", so a designer needs to develop a logo or create a website.
5. The organization now needs people who will be involved in the same area: interns, trainees, etc.
6. There are also situations when there is a possibility of concluding demons. fixed-term contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such persons:

• managers, their deputies and a specialist in accounting companies;
• students who are studying full-time;
• part-time workers;
• people who work to prevent emergencies;
• pensioners re-employed after reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
• employees of individual entrepreneurs, where the number does not exceed 35 people;
• workers on sea and river vessels;
• persons who are looking for work in connection with moving to the regions of the Far North;
• creative workers (writing, theater, cinema, circus).

If you want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it necessary to conclude a fixed-term employment contract?

In what cases should such a form be drawn up:

• for the period of replacement of an absent employee who is still assigned to his former place of work;
• for the period when it will be necessary to perform temporary work;
• seasonal work;
• if a person is transferred to work abroad;
• for the implementation of work that goes beyond the normal activities of the employer;
• with people who are going to enter into a contract with a company created for a short period of time;
• with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
• for the implementation of work directly related to the practice, or additional vocational education in the form of an internship;
• in case of employment in the bodies state power and local self-government, political parties and other public associations;
• with people who were redirected by the public health protection authorities to work of a non-permanent nature and public works;
• with persons who are going to undergo ACS;
• other situations prescribed by law.

Positive and negative characteristics

For the employee, the following positive traits were identified:

• availability of certain social guarantees;
• receipt of a specific amount after dismissal due to the termination of the enterprise;
• a fixed-term contract can only be drawn up if all the requirements prescribed by law are met.

However, there are also negative properties:

• leaving work due to the fact that the contract has terminated;
• dismissal due to the fact that the old employee returned;
• the difficulties that have arisen due to the fact that it is necessary to take care of the child;

As for the person who hires employees in connection with the execution of a temporary contract, then the employee’s pregnancy may become a minus for him, and, accordingly, removal from office for a while. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If speak about positive side, then it must be said that in this case the employer can fully control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract

The Labor Code sets out the basic requirements and rules. The document contains unconditional grounds and the conclusion of the document in connection with the agreement of both parties.

Consider a fixed-term employment contract and its conditions:

• fixing the contract due to leaving the place of work for some time by another employee;
• establishment of temporary or seasonal work;
• work abroad;
• due to the increase in volumes at the enterprise;
• if the company will operate only for a specific time;
• during the internship period of the future employee;
• at the time of attachment to the vacancy in question;
• with unstable funding of an elected body;
• when working from the labor exchange and at the ACS.

The main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

1. Article 78 of the Labor Code of the Russian Federation contains information that the document may terminate at any time. Thus, an employee can be fired, even if at that time he is on vacation or on sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
2. The employee in this case also has a number of advantages, since there is no need to notify your boss within two weeks that you are leaving the place of work. The employee will receive payments immediately, and not in part. An additional plus is that upon dismissal, it will not be necessary to discuss this topic with trade union organizations (81 of the Labor Code of the Russian Federation).

The contract may also be terminated professional education in an organization with a future employee or for professional retraining with an employee of this organization (208 of the Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or in connection with the conditions specified in the form.

It is possible to increase the term of the contract, which establishes a fixed-term employment relationship, for a certain period.

If you choose to renew indefinitely, then you will not need to sign additional documents, since under the terms of the contract over time ceases to be valid. However, relations based on an agreement between the employee and the employer on the personal performance of the employee labor function, are still real even after the date that establishes the end of a fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are going to extend the employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the relationship under a fixed-term contract cannot exceed a period of up to 5 years.

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

In 2018, it was found that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: the authorities take responsibility only for a while, so at any time they can break the contract. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for a new term is carried out only if a person has really serious reasons for this.

How to hire staff on a fixed-term employment contract

Let's take a closer look at the stages of registration of the document in question:

1. Direct conclusion of the contract. Here you need to specify the period (specific date, if any, and other mandatory conditions). Before signing the document, the employee must study the internal regulations.
2. The company issues an order for the entry of the employee to work. Within three days, the employee must sign the form.
3. Registration of a work book.
4. Filling out a personal card in accordance with the sample.

Probation

Article 70 of the Labor Code of the Russian Federation contains a complete list of people for whom a probationary period is provided. This includes persons who:

• draw up a contract for up to 2 months;
• passed through the competition;
• receive an elective salary;
• persons of the ACS;
• engaged in raising their children up to 1.5 years and pregnant women;
• graduates who have just had a graduation, and now they get a job on a diploma, as well as students who were in practice at this enterprise;
• have not reached the age of 18;
• were transferred from another boss.

1. Employees who will be at the enterprise within 2-6 months - 2 weeks.
2. Managers, deputies, chief accountants - 0.5 years.
3. Employees performing certain duties in accordance with their position in the civil service - month-6 months-year.
4. In other cases, 3 months is set.

Features when working with pensioners

The boss can conclude an agreement with the pensioner for a certain period. However, there is a nuance here: if you now have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to an urgent type, this is not necessary.

Holidays

A vacation or a sick person receives according to the basic rules, which in no way depend on the time period of the contract.

How to fire a pregnant woman

Article 261 part 2 of the Labor Code of the Russian Federation states that during this period in a woman's life it is impossible to terminate a fixed-term employment contract, even if its term for concluding a fixed-term employment contract has expired.

On the basis of a written application, it is only possible to extend the contract until the birth of the child.

Here, too, there is a small nuance: if the girl was a replacement for an absent employee, then after his release, the expectant mother will have to pick up another open vacancy. If it is impossible to make a transfer, then it is necessary to provide a written refusal from the employee.

How long is a fixed-term contract?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, it is possible to conclude an agreement for 1 day.

Termination or termination of a fixed-term employment contract and the reasons for such a procedure

Early termination may occur in the following situations:

• with the consent of both persons (art. 78);
• execution of an application from an employee (Article 80), as well as the provision of this information to the head in 14 calendar days;
• at the request of the head of the company (Article 81), in which case he must notify the employee at least a month before the expiration of the contract.

Is there a way to convert a fixed-term contract to an open-ended one?

If no one has expressed their desire to terminate the fixed-term employment contract, then it is considered that the contract is now open-ended.

Sample of an indefinite employment contract

Features of a temporary employment contract

In this case, the person must without fail indicate the period for which he concludes the contract.

However, in life there are cases when it is impossible to say for sure about the termination of the document (maternity leave). In this situation, the end date of the contract will be set after the employee returns from vacation.

As we can see, a fixed-term employment contract requires careful study of all aspects. Extension of a fixed-term employment contract is possible only in certain cases, which we considered earlier. Hiring under a fixed-term employment contract can occur, but this is a more profitable option for the employer than for the employee himself.

Interesting Facts

1. Temporary work is most often liked by students, housewives or retirees who want to earn extra money in their free time.
2. Judicial practice shows that frequent renegotiations do not comply with the law.
3. In the history of entrepreneurship, it happened that a business owner needed to liquidate a company in order to fire an objectionable expectant mother in accordance with the law, so as not to get into legal squabbles.