Contract for the duration of an employee's vacation. With whom can I conclude a fixed-term contract? For what period can a temporary contract be concluded?

The state protects the rights and interests of women going on maternity leave. The management does not have the right to dismiss such employees and must retain their positions until they return from vacation. Today we will talk about a fixed-term employment contract, under which management can hire temporary employees to fill the positions of female workers on maternity leave.

Fixed-term employment contract - in what cases is it concluded?

A woman on maternity leave must retain her workplace, but her absence from work for a year and a half can lead to a decrease in the efficiency of the company. Therefore, the employer has the right to shift the duties of a maternity worker to another worker or several employees so that they do the work of a young mother. In such a situation, an employment agreement is concluded with employees, which describes all their new work responsibilities in connection with the transfer or combination of several positions.

The second option for fulfilling the work duties of a maternity leaver is to hire a new employee under a fixed-term employment contract for the entire time maternity leave on child care and pregnancy. Hiring a new employee is strictly certain time, specified in the signed contract, allows the employer to avoid many problems with both the new employee and the maternity leaver.

When concluding a STD, one workplace in the company will be occupied by two people at once.

The STD is an agreement between the boss and the hired employee, which specifies the duties, salary, rights, position and other working conditions of the new team member. main feature STD is that they sign it for an indefinite period, but in full accordance with Labor Code, during execution certain conditions its termination is possible. In the STD, the boss must make a separate reference to what is the reason for issuing the document. The expiration date of the agreement may not be specified precisely in the papers; the reasons for its conclusion are sufficient. The employer will be able to terminate cooperation with the employee immediately after the old employee returns from maternity leave.

The exact end date of the STD is not indicated for several reasons. Firstly, a woman can leave maternity leave ahead of time if she considers that she can already work, and the child will be provided with a home without her necessary care. Secondly, a maternity leaver has the right to stay for a number of reasons, since the law allows for the extension of leave from one and a half to three and even four and a half years. That is why the validity period of the agreement states that the employee will no longer be needed immediately after the main employee returns to his workplace.

Features of hiring a new employee to replace a maternity leaver

Due to the long duration of the vacation, the employer, when he learns that an employee is pregnant, begins to look for a replacement. Typically, management considers offering another employee to perform the duties of a woman on maternity leave before looking for a new employee. There are several reasons for this. Firstly, among the existing employees there may be employees who are able to perform all the duties of a maternity leave without prior training and a probationary period. Secondly, registering a part-time job is usually simpler and cheaper than hiring a new employee.

Unfortunately, it is not always possible for an employer to find such a worker in his company. Then the management has to hire in place permanent employee on maternity leave for a temporary employee. All information about the operation and registration of the STD is contained in Art. 59 TK. Paragraph 1 of this article provides full list cases where the employer has the right to sign such temporary contracts with workers. One of the reasons is the main employee going on maternity leave. This article describes the procedure for formalizing the relationship between the boss and temporary worker, as well as conditions for termination of cooperation. Maximum duration The temporary contract is valid for 5 years. Acceptable deadlines temporary and other contracts are described in Art. 58 TK.

A temporary contract may have a validity period that is not tied to exact date, but to a certain period of absence of the maternity leaver. Maximum allowed probation determined taking into account the duration of the STD. For example, if an employee is hired for only six months, the maximum permissible probationary period will be 2 weeks. The issue of the availability of probationary time is determined with the hired employees in individually. There may be no probationary period at all when it is decided to hire:

• employee for 1-2 months;
• an employee who has passed testing and is hired on a competitive basis;
• a graduate of a university or secondary specialized educational institution;
• an employee transferred from another company by agreement with the former employer;
• minor employee;
• a woman who is pregnant or has a child under 1.5 years of age.

Current legislation does not have clear guidelines regarding the timing of hiring temporary employees. The employer has the right to specify in the agreement the period contained in medical certificate or sick leave an employee going on maternity leave.

Rules for signing STD for the duration of an employee’s vacation

In Art. 57 of the Labor Code states that the STD must contain the reason for its signing. If no reason is given, the employee can seek through the court to have the signed document recognized as indefinite. The management must first decide with the maternity leaver how long she will be absent from work. The temporarily hired person must also be informed about these deadlines.

However, we cannot exclude the possibility of a maternity leaver returning to work prematurely. Then the STD can be interrupted (if it indicates the reason for concluding the contract). Rules for employer action in various non-standard situations regulated by Art. 79 TK. If an agreement is concluded with a temporary employee, where it is specified exact date its actions coming to an end, the employer must notify the employee about this 3 days before the expiration of the specified time. After this, it is possible to terminate the STD or extend it through the signing of an additional agreement.

If a maternity leaver leaves vacation earlier than the agreed time and she writes an application to return to her previously occupied position, the employer must notify the employee and terminate relations with him, even though total term STD has not yet come to an end. The law does not oblige the main employee to write a request for return, but she can do this in advance so that the employer has time to officially end cooperation with the temporary employee and release him from work.

In Art. 58 of the Labor Code talks about the possibility of transferring STD to the category of unlimited duration. This is possible if neither party to the working relationship wants to end it. The law does not require officially signing agreements to the contract and extending it if, after the end of the STD period, the employee continues to work and the employer does not fire him. In such a situation, the previously concluded agreement automatically becomes unlimited.

There are two groups of conditions in which the preparation and signing of the STD is required:

1. 1. When the contract must explain the temporary nature of the working relationship between the parties.
2. 2. When it is necessary to emphasize the impossibility of an employee’s permanent activity at the enterprise.

Dismissal of persons serving under a temporary contract

When the employee can return to his workplace, the temporary employee is fired by order of the manager, for example, at the end or interruption of maternity leave. IN work book The employee must indicate that the dismissal was carried out due to the termination of the STD. If a temporary employee decides to leave before the end of the signed agreement with his superiors, he can do so for general principles. An employee should notify his superiors 14 days before leaving, although mutual agreement the parties may terminate cooperation without waiting for the end two weeks. That is, the employment relationship terminates from the moment determined by the parties.

If vacant position The woman on maternity leave is occupied by another permanent employee of the enterprise, then when the woman returns from vacation, the second worker simply returns to doing her job. Such cooperation is carried out under an additional agreement to the main open-ended TD. None additional entries are not required in the book. A person performing the duties of a maternity maid on a temporary basis can take her place on permanent basis, if the maternity leaver, without returning to her job, quits after completing maternity leave. If the position of maternity leave was occupied by another employee of the enterprise, then a note is made in his employment record about the transfer to a new position.

An employer may be faced with a situation where a woman temporarily occupying the position of a maternity worker also becomes pregnant. In Art. 41 of the Labor Code stipulates that such workers have the same rights as permanent workers. You can fire a pregnant employee if two important conditions are met:

1. 1. If the STD indicated that a woman is hired for the duration of a permanent employee’s maternity leave.
2. 2. If there is no other vacancy in the company that the pregnant woman could fill, or she refused the proposed transfer.

If a suitable position was found for a temporary worker and she signed written agreement for translation, it is concluded with additional agreement, valid until the moment of birth. It will be possible to fire such an employee only after the birth of the baby. If the temporary worker’s child has not yet been born, but she has gone on maternity leave, the date of her dismissal can be considered the date the permanent employee returns to work.

When starting an employment relationship with a female specialist, the employer understands that in the future there may come a time when she goes on maternity leave. During her absence, the employer has the right to conclude a fixed-term employment contract with another specialist. How to do this correctly?

What does the law say about this?

When an employee learns that she is pregnant, she must obtain a medical report confirming her condition. This document is presented to the head of the enterprise. On its basis, the employer is obliged to offer the subordinate to take maternity leave.

The duration of vacation by law can be 140-194 days, which is approximately six months. During the entire maternity leave, the employee’s job must be retained. And her job responsibilities performed by another specialist with whom a fixed-term employment contract is signed for the duration of maternity leave.

With whom can I conclude a fixed-term contract?

When an employer learns that an employee is pregnant, he or she may:

1. find a new specialist;
2. entrust the performance of duties to another employee of the enterprise.

Most often, business managers choose the first option. They justify their choice as follows:

1. there is no employee in the team who would be able to efficiently perform the additional duties assigned to him;
2. registering a substitution is much more difficult than concluding a temporary employment contract with an outsider.

A fixed-term employment contract and pregnancy have some peculiarities.

For how long can a temporary contract be concluded?

The employer's right to conclude a fixed-term contract is contained in Art. 58 TK. And from next article he can find out in what cases registration is allowed labor relations Thus. The list includes the following categories:

1. an employee comes to the enterprise for the purpose of undergoing practical training;
2. the company decided to find a specialist who would perform a certain amount of work;
3. a citizen is employed to perform seasonal work;
4. hires an enterprise that was created to fulfill a specific obligation;
5. labor contract is concluded with a citizen who will perform his work duties abroad.

There is not even a hint of design in this list temporary contract in connection with maternity leave. But, despite this, working under a fixed-term employment contract and the employee becoming pregnant are possible.

When concluding such a contract, it is important for the manager to correctly indicate the validity period of the agreement. True, experts give different instructions regarding determining the validity period.

Some experts believe that the contract needs to duplicate the period specified in medical report women. Extend if necessary fixed-term contract an additional agreement is concluded, which specifies new terms.

Is a probationary period allowed?

Art. 70 of the Labor Code allows the employer to appoint trial period under a temporary employment contract. But this cannot be done in all cases. There is no probationary period:

1. a young specialist is hired by the enterprise;
2. the candidate for the position was elected by competition;
3. a citizen gets a job for 2 months;
4. a pregnant woman gets a job;
5. the employer hires a woman who is raising a child under 1.5 years old;
6. the employee was transferred from one to a second enterprise if the transfer was agreed upon with the previous manager;
7. A minor citizen is hired for the position.

In the case where a fixed-term employment contract is signed for 1.5 years, a probationary period is already allowed. But according to labor legislation such period should not exceed 14 days.

Fixed-term contract and maternity leave: features of conclusion

The main feature is the need to extend the term of the employment contract. This may be necessary when, after completing maternity leave, a young mother decides to take maternity leave. In such a situation, the replacement employee must agree to extend the period of validity of the fixed-term employment contract. New deadlines are set in 2 ways:

1. an additional agreement is concluded;
2. a new fixed-term employment contract is concluded, which stipulates new period actions.

It is also worth paying attention to Art. 58 of the Labor Code, which states that a fixed-term contract can acquire the status of an open-ended one. This occurs when neither the employer nor the employee has expressed a desire to terminate the employment relationship.

Another employee is going on maternity leave

In some cases, a woman who is hired while a permanent employee is on maternity leave may also become pregnant. And, by the way, the legislation gives her the same rights as a full-time employee. However, the relationship between a woman employed under a fixed-term contract and the employer is regulated by Art. 261 TK. According to this article:

1. the employee must present the employer with a certificate confirming pregnancy;
2. the employee writes a statement asking her employer to provide maternity leave;
3. every 3 months the employee brings to the manager new certificate from the hospital about pregnancy.

When these conditions are met, the term of the fixed-term employment agreement with such an employee is extended. But within 7 days after the birth of a child by this woman, the employer is obliged to terminate the temporary employment contract.

Today, such phenomena as urgent labor agreements. To a greater extent, this is due to the fact that the employer has the right to formalize a working relationship with a subordinate for a specified period. Employment contract at the time of maternity leave in in this case does not represent an exception to the rule.

What is a fixed-term employment contract during maternity leave?

Russian legislation provides for the need to establish professional relationships by signing an appropriate act. This certificate is an ordinary agreement concluded between an employee and an employer. Distinctive feature The presented agreement establishes its duration and completion.

Also an important condition for a fixed-term employment contract during maternity leave, it is necessary to indicate the basis for its execution. The content of the Labor Code of the Russian Federation states the need to take into account this criterion. If the relevant clause is not observed, then the contract is recognized as unlimited.
The conclusion of this kind of agreement can only occur when the main employee takes leave before and after childbirth. Or subsequently writing an application for maternity leave to take care of a child up to one and a half or three years old.

How to draw up a fixed-term employment contract during maternity leave?

Aspects of drawing up this type of contract are divided into 2 parts:

• Situations that imply a short-term nature of work;
• Situations not associated with the intermittent nature of the activity.

Article 59 of the Labor Code of the Russian Federation accurately describes all the reasons for the conclusion fixed-term contract. The employer has the right to set the duration of the work contract in three ways:

• For a specific period;
• For the season;
• For a set period of time, based on conditional situations, temporary absence of the main employee.

When drawing up a fixed-term work agreement for maternity period it is necessary to correctly and accurately indicate the basic principles and circumstances of its conclusion. If an error is made, a situation may occur when both subordinates work simultaneously in the same position for a set period.

An important aspect when drawing up a contract for the duration of maternity leave is that the exact date of its termination cannot be specified. An employee staying in legal leave, has the right to return to work before date completion of the period of caring for the baby. In the presented situation, it would be correct to indicate in the contract the reason why a replacement subordinate is hired.
The hired employee’s work book will not indicate the fact of signing a fixed-term contract.

End of a fixed-term employment contract during maternity leave

If a woman hired on a non-permanent basis becomes pregnant, then there are several versions of terminating a fixed-term contract:

• The period comes to an end before the birth, the employer extends the contract with her until the birth of the child. In this case, the obligation will be listed as terminated on the next day of the end of the certificate of incapacity for work.
• The period comes to an end after childbirth and the end of the certificate of incapacity for work, then the employer has the right to terminate the working relationship with her on a general basis.

Payment of benefits under a certificate of incapacity for work in the first case rests entirely with the boss. In the second case, the provision of child care benefits is partially assigned to him. It follows from this that until the dismissal, the employer is obliged to make monthly payments established amount. Once the contract is terminated, payments stop.
A worker under a fixed-term employment contract may be dismissed during pregnancy if:

• She fulfills the temporary obligations of an employee on maternity leave;
• The employer cannot provide this employee with a suitable vacancy;
• Disagreement with the provided vacancy.

If agreement is reached with the temporary candidate on a certain position, the arrangement will be extended until the birth of the child.

Termination of a fixed-term employment contract during maternity leave

Cancellation of a temporary work agreement is made the day before the departure of the main worker. In this case, the colleague replacing him must be informed about this circumstance at least three days in advance. In the work book, dismissal due to expiration of the contract will be listed as a reason for leaving work.
It is not prohibited to terminate a short-term employment contract during maternity leave by the decision of the employee in general procedure. The application is submitted two weeks before the allowed settlement date.
Termination is permissible in another way: at the initiative of the parties, in which case there is no need to wait for a two-week period.