Rights and obligations of temporary employees. See what "permanent work" is in other dictionaries

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Any employer may need a temporary worker. Examples are different: there is a need to perform specific work, but a specialist with the necessary qualifications is not in the state, and his hiring on a permanent basis is not required; employee is in maternity leave, or, for example, there is a period of selection of the main employee. Also, temporary staff is selected in case of a prolonged illness of an employee, a business trip, and even during vacations.

Features of this category

Temporary workers are employees who are hired by the organization for certain period or before execution certain work. An employment contract with such an employee is called fixed-term. In the event that the employment contract of the employee does not specify specific deadline, then such an agreement is considered concluded on indefinite term, which means that the employee is considered accepted on a permanent basis.
Recruitment of temporary staff is a competent way out when you urgently need to do this or that work. Or there is a need to attract employees to one-time events (promotions, sales, exhibitions, presentations), the seasonality of work also plays a big role (example: ice cream sellers in the summer).

Who can be a temporary employee?

During the holidays, many schoolchildren are attracted to seasonal work. They work as landscapers in city flower beds, in schools, on rides in amusement parks. This usually allows employers to save on costs associated with salary, i.e. teenagers receive less than adult workers. In addition, they can be paid in cash. Handing out flyers is an example of a popular activity for underage workers or students. Promotions and tastings in large shopping malls and shops - great way attract a potential buyer and draw public attention to the product. Temporary employees are also used for these purposes. The performance of this functionality does not carry any professional burden, and a child can handle advertising a product in a funny costume. A child who has reached the age of 14 can work. Here it is worth monitoring the duration of the shift ( labor day). A child under 16 who is in school must work no more than 12 hours per week. This requires written agreement one of the parents.

There are many nuances in the legislation related to the use of the labor of underage workers, so the employer and the personnel department must clearly monitor compliance with these aspects.
Hiring a temporary worker will allow you to implement specific tasks and flexibly use the human resource. Attracting first-class specialists to solve an urgent problem, implementing large projects that require additional resource capabilities, reducing maintenance costs personnel service. Many do not conclude an employment contract, which greatly simplifies office work and tax deductions.
There are special personnel (recruiting) agencies that provide temporary workers in accordance with the request or to solve a narrow and non-standard task. Personnel policy The hiring company becomes more efficient as the staff remains the same.

Why do employers apply temporarily?

Today's realities are such that all organizations seek to optimize their costs. Including the cost of the most expensive resource - personnel. The now fashionable term comes to the rescue - outsourcing. Russian companies most often transfer functions such as maintaining accounting, transport, advertising, translation and other services. Outsourcing - from English literally means "using external resource”, i.e. the company resorts to the help of specialists or even other companies to solve specific problems. Examples may vary. For example, you have a small business. The staff is limited, but you, like any entrepreneur, need to pay taxes and make tax deductions.

There is no point in hiring an accountant on a permanent basis, but you can use outsourcing - it's cheaper, you don't need to hire an employee, you don't need to pay taxes for him. Conveniently! Or maybe your sales are down. You can make an emergency decision and involve marketing specialists high level, but you don't need to hire them for the long term. You get one time powerful help your business and continue to exist as usual, developing the proposed strategy on your own, remaining with the same staff.

Team building, literally "team building", has become very popular in Russian corporations. For this, it is invited special person with relevant qualifications. For example, a corporate trainer who conducts trainings and games to increase cohesion and understanding between employees and senior management. But, as a rule, such specialists are rare in the permanent staff of any one company. A business coach is a person involved from outside in order to improve certain indicators as part of a development strategy. personal qualities workers. This improves the quality of services provided by employees, promotes the development of friendly and warm climate in a collective.

The culture of such trainings came to us from giant Western corporations, but is already being actively mastered in the "open spaces" of domestic business.

Rights and obligations of temporary employees

Features of the regulation of the labor of temporary workers are reflected in detail in Labor Code Russian Federation.

The issue of vacation for such an employee is very important. Paid holiday temporary worker can be provided at the rate of 2 days of vacation for one month worked. It follows from this that, for example, for three months of work, an employee has the right to 6 days of paid leave.

The reduction of a temporary worker replacing the main employee (for example, an employee on parental leave) due to a reduction in staff cannot be performed, because with such a dismissal there is no reduction in the vacancy or work unit, since the employee in the decree must stay in the place of work in any case, regardless of the situations occurring in the state. The employer does not have the right to dismiss an employee who is on maternity leave, otherwise the Labor Code of the Russian Federation will be violated. But if a temporary worker is not hired to replace the main absent employee, and the state is downsizing and the services of a temporary employee are no longer required, then the dismissal of a temporary worker occurs in the regular mode, in accordance with the established procedure.

The reason for the dismissal of a temporary employee may be the expiration of the term employment contract. Worker giving consent to conclusion fixed-term contract, must understand that the contract automatically terminates after the expiration of the agreed period. Quite sufficient condition for the dismissal of a temporary employee is the return to work of the main one.

The employer is obliged to notify the temporary employee of the expiration of the employment contract in writing three calendar days until the moment of dismissal, in accordance with Art. 79 of the Labor Code of the Russian Federation, but this only works when there is a clause in the contract where a specific end date or date is specified; if the date cannot be determined, the employee is not warned in advance.

The employer has the right to appoint probation temporary worker, but not more than two weeks.
The fact of temporary work must be reflected in the work book. The record is made, as in the ordinary situation of hiring, but under a fixed-term employment contract. If, after the expiration of this employment contract, a decision is made to hire on a permanent basis, an entry should be made in work book. A sample of filling out a book for a temporary worker can be found in the Labor Code of the Russian Federation.

It is necessary to know and understand the Labor Code of the Russian Federation, keep track of updates and current changes. This is a guarantee of the correct and trouble-free operation of the personnel apparatus of the organization. And this applies not only to the employer, but also to the employee himself, who must clearly know his rights and obligations. To increase the level of legal literacy, it is necessary to hold meetings with personnel specialists who will explain to ordinary employees the nuances of labor legislation.