Hiring under a fixed-term employment contract

Hello! Today we'll talk about hiring on a fixed-term employment contract. The specifics of such an agreement are spelled out in detail in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid litigation and fines, the employer should understand all issues in detail.

What is a fixed-term employment contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relations have an agreed expiration date, as opposed to the usual one.

• Download the form, a sample of a fixed-term employment contract
• Download Sample order for employment under a fixed-term employment contract

Fixed-term and unlimited contracts - what is the difference

For ease of comparison, we present the data in the form of a table:

However, the employer is not always free to choose which type of contract to offer to the applicant, since in some points the law requires the conclusion of a STD, and in some it makes such a step on the part of the employer possible, but not mandatory.

In what cases is it obligatory to issue an employee according to STD

There are types of work, the nature and conditions of which involve the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal characteristics, as well as the inability to know the end date of the activity.

Let's list the main cases:

• During the absence of a permanent employee (for example, due to maternity leave);
• When sending an employee to work abroad;
• When an athlete is temporarily transferred to another employer;
• If the employing organization itself is created temporarily to solve a specific problem;
• For activities that are not typical for the organization;
• For seasonal work;
• For temporary work (up to two months);
• For work in connection with professional activity / internship;
• For persons sent to public works;
• If the employee is a vice-rector of a higher educational institution;
• If citizens are doing alternative civilian service;
• When elected for a fixed term as a member of an elected body.

In what cases it is possible, but not necessary, to issue an employee under the STD

The optional STD is called "by agreement of the parties."

The employer can conclude it with persons in the following circumstances:

• Small businesses with a staff of no more than thirty-five people;
• An employee of retirement age, and also if, on the prescription of a doctor, he can only be in temporary work;
• Work in the Far North and is associated with moving there;
• To eliminate the consequences of catastrophes, epidemics, accidents, as well as prevent these events;
• People of creative professions (cinematographers, media journalists, theater and circus artists);
• Full-time employee at an educational institution;
• Crew members of sea and river vessels;
• Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activities of the company;
• Part-timers;
• Deputy positions of scientific and pedagogical staff in a higher educational institution;
• Persons invited to a coaching position to prepare wards for the competition.

In all other cases (their overwhelming majority), the law prescribes the hiring of workers only under an indefinite employment contract.

How to properly apply for a job on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct filling of all documents. In general, employment under the STD does not differ from the traditional one, but it has several features.

In both cases, for employment, the employee must bring the following documents to the personnel department:

• Passport or other identity document;
• Labor book (if the job is the first, the employer, according to the law, has no right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be kept by the employer himself);
• Insurance certificate of state pension insurance (SNILS);
• Military registration documents - for persons liable for military service;
• Educational or qualification document;
• Police clearance certificate.

Strictly according to the Labor Code, the employer does not have the right to ask the employee INN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee's activity (trade, education, catering and others).

After the employee has provided the documents, the next multi-stage stage begins - its registration by the organization's personnel department. At this stage, there are a number of nuances inherent in STD.
Let's consider them in the table:

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, and also confirm his acquaintance with a signature in the corresponding journal.

The employment contract, order and work book are recorded in the relevant journals by an employee of the personnel department.

What probationary period can be set at STD

As you know, with a normal employment contract, the probationary period cannot exceed three months (or six months in the case of the position of a manager or chief accountant). However, with STD, the conditions are somewhat different, given the possible short duration of the work.

• Unless otherwise specified, the probationary period remains the standard - up to three months;
• If the TD is issued for a period of two to six months, then the duration of the test cannot exceed two weeks;
• If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we have sorted out the key issues on a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and even more confidently lead their enterprise to success.