Types of employment contracts and their features briefly. Types of employment contracts and their features

26.09.2019

Employment contracts can be concluded

1) For undefined period;

2) for a period of no more than 5 years(fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

If the employment contract does not specify the duration of its validity, the contract is considered concluded For undefined period.

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.

Fixed-term employment contract lies in cases where labor Relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its implementation, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

A fixed-term employment contract is concluded: for the duration of the duties of an absent employee, who retains his place of work; for the duration of temporary (up to two months) work; with persons sent to work abroad; to carry out work that goes beyond the normal activities of the employer, 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 organizations created for a predetermined period or to perform a predetermined job; to carry out certain work, in cases where its completion cannot be determined; to perform work directly related to the internship and professional training of the employee; in cases of election for a certain period to an elected body or to an elective position, etc. Prohibited conclusion of urgent employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period.

By agreement of the parties, a fixed-term employment contract may be concluded: with persons entering work for small business employers whose number of employees does not exceed 35 people (in the field retail and consumer services - 20 people); with age pensioners entering work, as well as with persons who, for health reasons and for medical reasons, are allowed to work exclusively of a temporary nature; with those applying for work in organizations located in the Far North; to carry out urgent work to prevent disasters, accidents and other emergencies; with persons elected through competition to fill the relevant position; with creative workers; with managers, deputy managers, and chief accountants of organizations, regardless of their legal forms and forms of ownership; with persons studying full-time, etc.

22. Conclusion of an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of 16 years.

In cases of receiving general education or continuing to master the basic general education program of general education in a form other than full-time education, or leaving a general education institution, an employment contract can be concluded by persons who have reached 15 years, to perform light work that does not harm their health.

With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student 14 years to perform light work in his free time from study that does not harm his health and does not disrupt the learning process.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under 14 years of age, to participate in the creation and (or) performance of works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permission of the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions.

When concluding an employment contract the person applying for work presents to the employer a) passport or other identity document; b) work book, with the exception of cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis; V) insurance certificate of state pension insurance; G) military registration documents - for those liable for military service and persons subject to conscription for military service; d) a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

It is prohibited to demand from the person applying for work, documents not provided for by the legislation of the Russian Federation.

When concluding an employment contract for the first time employment history and an insurance certificate of state pension insurance are issued by the employer. If a person applying for a job does not have a work book, the employer is obliged, upon a written application from this person (indicating the reason for its absence), to issue a new work book.

Unreasonable refusal to conclude an employment contract, as well as direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, age, place of residence is prohibited.

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee with the internal labor regulations in force in the organization, other local regulations related to the employee’s labor function, and the collective agreement.

Any employment inevitably involves the preparation of certain documents. Of these, the most important at the legislative level is the employment contract. Knowledge of the intricacies of the design of this document and in general types of employment contracts helps prevent unwanted situations at work and becomes a way to avoid litigation. Therefore, let's stop at this issue more details.

Employment contract: concept, parties, types, content

Concept

Any labor contract is a written agreement between the employer and the employee, according to which the manager, on behalf of the organization:

provides the future employee with specific work in accordance with his profession;
provides all conditions in accordance with the Labor Code of the Russian Federation, labor legislation and internal rules of the organization itself.

Parties

Traditionally concept of party and types of employment contract is based on the indication of 2 categories of participants in labor relations:

employer;
hired employee.

The law prohibits unreasonably refusing to issue a work contract.

Types of work

Basics concept and types of employment contract with appropriate explanations are given in the Labor Code of the Russian Federation.

The law clearly identifies possible types and nature of work in the employment contract:

main work activity;
seasonal work;
part-time job;
performing work for an individual (employee work for personal needs - cook, housekeeper, etc.);
temporary work (for a period of up to 2 months);
home work (the contract specifies the types of tools, materials, as well as the person who purchases them);
contract labor relations in the state or municipal service, as well as with military personnel (regulated by separate laws).

On practice greatest number types of employment contracts is concluded specifically with legal entities. Such an employee usually works on a permanent basis for a specific employer. He has set boundaries for his working hours. His work record book is also kept here.

Part-time job

In a part-time job, a person performs his job duties outside of his main activity. But also with the execution of an employment contract. It makes a note that there is a part-time job. This type of work is divided into:

internal part-time work (within one main organization);
external part-time job (with a third party organization).

Combining means adding responsibilities at another job. In the first case, the combination takes place at the main employer and during the same working hours. In this case, in addition to the contract, a written agreement is concluded.

The signing of part-time contracts is not limited to a specific number of employers. The exceptions are:

sports workers (can become part-time workers only with the written approval of the main employer);
dangerous and hard work (the law prohibits part-time work).

By urgency

In law types of employment contracts According to their validity periods, they are graded into:

permanent (indefinite);
for a clearly defined period (no more than 5 years) - a fixed-term contract.

In particular, if labor relations are not specified in the agreement by the duration of their validity, then such types of employment contracts by duration are considered issued for an indefinite period.

When the parties to the working relationship have not terminated the contract due to the end of its validity period and the employee continues to perform his function, such relations are considered to be formalized for an indefinite period for the same reason. employment contract. Concept, sides and types fixed-term labor relations are explained in detail in Articles 58 and 59 of the Labor Code of the Russian Federation.

Fixed-term contracts like types of contracts with employees, concluded for a specific period, draw up:

for the duration of the functions of the absent employee;
for the period of performance of temporary duties (for 2 months);
for seasonal work, if due to natural conditions it cannot be carried out in another season (it is necessary to indicate a specific item, which is established in a special list - snow removal, peat development, etc.);
with specialists who will perform their tasks abroad.

Termination of a fixed-term contract occurs after the expiration date of its validity. However, the employee must be reminded of this in writing 3 days in advance.

Some urgent types of contracts in labor law merged into a separate group - “by agreement of the parties”. These contracts are concluded:

with age pensioners and other persons with a medical certificate for temporary work;
for carrying out urgent work in case of disasters, epidemics, breakdowns, accidents;
with citizens selected by competition to work in a certain position (for example, scientists);
with employees of the media, theaters, circuses;
with managers, their deputies, chief accountants;
with full-time students of colleges and universities;
with employees of organizations located in the Far North;
when working part-time;
in other cases recorded in the Labor Code of the Russian Federation.

Special types

The Labor Code also lists specific types of employment contract. Briefly their list can be presented as follows:

to work in organizations created to resolve certain issues and/or for a specific period (for example, a candidate’s headquarters created for the period of an election campaign; the temporary nature is reflected in the charter, and the contract is terminated when the organization is closed);
during internship or professional training;
temporary or public work from employment centers;
with persons performing alternative civilian service.

Any types of employment contracts of the Labor Code of the Russian Federation obliges to provide a list of rights and obligations of both the employee and the employer. Including those that the parties additionally agreed upon and decided to include in the document.

According to test

According to test availability types of employment contracts according to the Labor Code of the Russian Federation can be as follows:

with a probationary period (to check the person’s compliance with the assigned duties);
without testing.

Keep in mind: the test period does not include days of temporary incapacity for work.

When is the deadline probation has expired and the employee continues to work, the test is considered passed. And subsequent termination of the contract will be possible only on general grounds. In turn, an unsatisfactory test result followed by termination of the contract does not entail payment of severance pay.

The test is not established:

employees elected to positions through competitive selection;
candidates for vacancies under 18 years of age;
future employees invited to a position through a transfer procedure from another employer in agreement with management;
pregnant women;
young specialists in their field;
when signing a contract for a period of up to 2 months.

Everything main types of employment contracts drawn up with the inclusion of a number of conditions:

places of work;
labor responsibilities;
start dates;
the size of the salary and the terms of its payment;
work schedule;
due compensation;
the nature of the work (with business trips, visiting branches, etc.);
social package notes.

Additional conditions may be included in the contract:

clarification of the place of work (indication of the department);
tests;
on maintaining secrets (official, commercial);
about work after study, paid for by the employer;
terms of additional insurance;
social support for the employee and his family.

Points defining types and contents of an employment contract Be sure to add personal information:

FULL NAME. employee and employer name;
passport data, on the one hand, and information about the employer’s representative, on the other;
TIN, KPP, OGRN;
place and date of signing.

Conclusion procedure

Ideally, an employee should begin work on the date fixed in the contract, regardless of type of employment contract. The procedure for concluding an employment contract in this case it is also not of fundamental importance.

If the employment contract does not indicate the date of taking up the position, then the employee must begin to perform his functions on the next day after it takes effect. And if a specialist is not in place on the start date of work, the employer has the right to cancel an already signed contract. Then he is considered not a prisoner.

The law stipulates the general age of onset labor activity– reaching 16 years of age. However, the upper possible limit for registering an employment relationship has not been established. Only the set of powers for which the maximum age is important (for example, civil service) is limited.

When receiving basic general education without interruption, adolescents can also enter into a contract upon reaching 15 years of age to perform light labor that cannot cause harm to health.

With the written approval of the parent (guardian), employment relationships can also be formalized with students under 14 years of age during their free time from school.

Contract form

Any for today types of employment contracts have a written form. Two copies are signed by each party. One is left with the employer, the other with the employee. The latter confirms the fact of receiving his copy with a personal signature on the employer’s copy.

An agreement that is not recorded in writing is considered by law to be actually executed if the employee began work on behalf of the employer. Then the organization must draw up this document in the proper form: no later than 3 days from the date of admission to perform duties.

Employment contracts after official signing are:

the legal fact of fixing labor relations between the parties;
a guarantor confirming the legitimacy of possible future claims of the parties to each other.

What are the types of employment contracts?

When hiring an employee for any period, even for several months or weeks, it is necessary to conclude an employment contract with him - a fundamental agreement that establishes the rights and obligations of the parties. In order to register employment without errors under any circumstances, you need to know the types of employment contracts and their features.

Labor legislation establishes only two types of employment contracts:

Fixed-term contracts.
Contracts that are concluded for an indefinite period.

Meanwhile, employment contracts have differences in other characteristics, the main ones of which we will talk about. Let us briefly consider the main types of employment contracts, using for classification purposes four additional criteria.

Criterion 1. Legal status of the employee. The terms of the contract are affected by whether the hired employee belongs to a category for which the Labor Code provides for special employment conditions.

These include:

old age pensioners;
Foreigners;
persons with family responsibilities;
minors etc.

→ Experts from the magazine “Personnel Business” will tell you

Criterion 2. The category to which the employer belongs. Can enter into labor relations as an employer individual entrepreneur, legal entity or individual without entrepreneurial status. These parameters are specified in the document details.

Criterion 3. Nature of labor relations. In addition to the main employment at the employer’s location, the employment relationship may be of a different nature, which must be reflected in the terms of the contract:

at the same time;
at the main place of work.

Criterion 4. Duration of the contract. Indicated as one of the conditions if there are legitimate reasons for limiting the duration of the employment relationship.

How are the types of employment contracts distinguished by duration?

A fixed-term contract is concluded in two cases:

Due to objective circumstances or the nature of the work (Part 1 of Article 59 of the Labor Code of the Russian Federation).
By mutual decision of the parties, if such a possibility is provided for by the Labor Code of the Russian Federation (Part 2 of Article 59 of the Labor Code of the Russian Federation).

The validity period of the contract is established if the employee:

performs seasonal or short-term (up to two months) work;
performs work that goes beyond the normal activities of the enterprise or is related to the temporary expansion of production;
performs the duties of a temporarily absent permanent employee;
goes to work abroad;
undergoes an internship, practical training, training or alternative civilian service at the enterprise;
accepted into an organization created for a predetermined period, or to perform a predetermined job;
sent by the employment service to public or temporary work;
elected for a certain term to an elected position or to an elected body.

9 situations when a contract is concluded with an employee by agreement of the parties

Pensioner by age or part-time worker.
Creative worker in the media, theater or theater studio, circus or concert organization, cinema.
A person goes to work for an employer who is a small business entity, including an individual entrepreneur, whose staff does not exceed 35 people (in the field of consumer services and trade - 20 people).
An employee moves for work to regions of the Far North or equivalent areas .
The employee was hired to carry out urgent work to prevent emergencies - accidents, epizootics, epidemics, accidents, man-made and other disasters - or eliminate their consequences.
A person gets a job as a manager, deputy manager or chief accountant of an organization of any form of ownership.
In parallel with work, the employee receives full-time education.
A person is accepted into the crew of river, sea and mixed navigation vessels.
The employee is unable to work on a permanent basis due to health reasons.

The minimum duration of a fixed-term contract is not limited; the maximum permissible is 5 years. It is drawn up in the same manner as other types of employment contracts: the Labor Code of the Russian Federation contains only one additional requirement - a condition of urgency indicating a specific reason. And just like all types of employment contracts, 2018 has its pros and cons:

Advantages	Flaws
For employee
Official employment with the right to paid leave, sick leave and other guarantees.	Employment for a maximum of 5 years. There is no guarantee that work will continue after the deadline.
For the employer
Simplified procedure for unilateral dismissal due to expiration. Shortened notice period for dismissal (3 days).	The risk of reclassifying the employment relationship as permanent at the slightest violation of the procedure. If an employee is pregnant, dismissal after the expiration of the contract is permissible only in the event of liquidation of the enterprise or if the contract was originally concluded to perform the duties of an absent employee, and there is no possibility of transferring the employee to another position.

Note! Any contract in which there is no provision for a limited period of validity is considered by law as unlimited.

How certain types of contracts are reclassified in labor law

Changing the type of contract is called requalification. For example, a court can reclassify a civil law contract as an employment agreement, and a fixed-term employment agreement as an open-ended one, if it finds grounds for this.

Reasons for retraining

Careless design.
Violation labor legislation upon conclusion of the contract.
Mutual decision of the parties.

Read more about legal and financial risks for re-qualification of GPC agreements, read the article “ The difference between an employment contract and a civil law one" The parties can recognize a fixed-term employment relationship as indefinite on a voluntary basis by concluding an agreement.

Additional agreement on requalification of a fixed-term contract

Employment contract - important document, does not tolerate negligence. Clearly state the conditions, taking into account the type and duration of the contract, guarantees and benefits provided to the employee, and the specifics of the work assigned. If you hire a temporary or seasonal employee, check the provisions of Article 59 of the Labor Code of the Russian Federation to avoid litigation and retraining.

The interaction between the employer and the employee begins after a written agreement on the agreements reached is signed -.

An employment contract is a document that regulates the rights and obligations of both the employer and the employee.

It specifies what functions are assigned to accepted person, as well as in what working mode he will be required to work. The employer has an obligation to pay for the work performed in the agreed amount and to provide the employee with decent working conditions and timely rest.

Types of employment contracts are divided into categories that depend on the duration, the nature of the future labor relationship, and the type of employer. Each of them has its own characteristics which must be taken into account when making a conclusion.

IN Russian Federation labor regulation is carried out by various legal acts. Labor Code The Russian Federation occupies a leading position in this list; it spells out all the main postulates that are mandatory for use in regulation between the employer and employees.

The third section of the Labor Code of the Russian Federation specifies what types of agreements exist, as well as what their features are.

The duration of the contracts varies as follows:

, which are limited by strictly established time frames. This type The contract assumes a maximum duration of no more than five years.
Indefinite, without established restrictions.

It is important that the employer does not have the choice to conclude this or that document. He is obliged to be guided exclusively by the clauses of the law, which stipulate when and in what cases a particular agreement can be concluded. Violation of established standards threatens the employer with administrative punishment.

Fixed-term contract

Employers - organizations

If the employer is a legal entity, then they enter into agreements with hired persons from a representative. The organization itself cannot carry out any actions, so it is always represented by an authorized person. The authorized person is CEO or leader. And in case of his absence, his official deputy or another person officially acting.

Represent the interests legal entity the director can do this on two grounds:

According to the Charter of the enterprise.
By proxy.

Most often, powers are issued to the director through a power of attorney, which is renewed annually.

The power of attorney is official and notarized. Any agreement in its preamble contains information about the employing organization and the person representing it, as well as about the employee being hired.

Employers - individuals

The list of individuals who can be employers includes:

Lawyers and notaries with private practice.
Private individuals who hire mercenaries to perform the work of nurses, nannies, drivers, and cooks.

What types of employment contracts are there for individuals? An agreement concluded between two individuals is not very different from a document signed by a legal entity on one side.

Such contracts also stipulate:

Responsibilities of the employee.
Terms of payment.
Reward amount.
Special conditions that must be met (for example, confidentiality).

The agreement is drawn up in two copies and signed by both parties; its notarization is not necessary, although it is possible.

Contract on state (municipal) service

Employment contract and its different kinds is also concluded with civil servants. Such agreements have some distinctive features.

The main difference between a government contract is that the director enters into an agreement not on his own behalf, but on behalf of the body that he is authorized to represent.

A municipal employee enters into a relationship with government agency, and not with a specific representative. This conclusion procedure significantly affects further legal relations, which cannot be terminated at the request of a specific representative, but can only be terminated in the interests of the state body itself.

Otherwise, the agreement should provide for all the same aspects:

Responsibilities of the hired employee.
His work schedule.
Salary.
Method and time of payment.
Rights and obligations of the parties.

In view of these features, it is legally considered that government contracts have greater degree protection social guarantees than other agreements.

Types of employment contracts.

The types of employment contracts based on their duration can be determined as follows:

For undefined period;

for a certain period of no more than five years (fixed-term employment contract), unless a different period is established by federal laws.

The main type is a contract for an indefinite period, and it is this that should be concluded in most cases.

A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely in the cases provided for in Part 1 of Art. 59 of the Labor Code (for example, temporary work, seasonal work, commissioning, etc.).

And it should be borne in mind that in the cases provided for in part two of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can only be concluded by agreement of the parties to the employment contract. This means that an employer’s refusal to hire because the employee wants to sign a contract for an indefinite period will be unlawful unless it is based on business, professional qualities employee, and he can check this during the probationary period.

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

In the event that neither party has requested termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period.

Types of employment contract according to the nature of the labor relationship:

employment contract at the main place of work;

employment contract for part-time work (Chapter 44 of the Labor Code of the Russian Federation);

an employment contract for temporary work for a period of up to two months (Chapter 45 of the Labor Code of the Russian Federation);

employment contract for seasonal work (Chapter 46 of the Labor Code of the Russian Federation);

an employment contract to work for an employer - an individual (Chapter 48 of the Labor Code of the Russian Federation);

employment contract for work from home (Chapter 49 of the Labor Code of the Russian Federation);

contract on state (municipal) service.

The contract can also be classified as a type of employment contract, taking into account the peculiarity that the main legal regulation is contained in special laws regulating individual species state (municipal) service, and labor legislation applies to the extent not regulated by special laws.

Labor legislation and other acts containing labor law norms do not apply to the following persons (unless, in accordance with the procedure established by law, they simultaneously act as employers or their representatives):

military personnel in the performance of military service duties;

members of boards of directors (supervisory boards) of organizations (except for persons who have entered into an employment contract with this organization);

persons working on the basis of civil contracts;

other persons, if established by federal law (Article 11 of the Labor Code of the Russian Federation).

Classification and types of employment contracts

Types of employment contracts depending on their duration

The legislation provides only one official classification of employment contracts depending on their duration: fixed-term contracts and contracts concluded for an indefinite period. The practical significance of such gradation is manifested in ensuring and establishing the preferential right of those hired for permanent work and wages for a relatively indefinite period of time. In turn, fixed-term employment contracts from the point of view of the grounds for their termination can be divided as follows:

with an absolutely certain term (in cases of election for a certain term to an elective position);

with a relatively specific period (with persons entering work in organizations created to perform a clearly defined job);

conditionally fixed-term (with persons hired to replace a temporarily absent employee).

Types of employment contracts depending on the volume of work performed

In addition to the above division, practical significance has a classification of employment contracts depending on the volume of work performed into contracts for the main job and contracts for part-time work. The main job agreement assumes that the employee constantly carries out labor function at this employer in in full taking into account the working hours established for him. The main place of work simultaneously determines the storage location of the work book.

Part-time work means that an employee, in accordance with an employment contract, performs other regular paid work in his free time from his main job. The volume of work performed is, as a rule, proportional to the length of working time, which should not exceed four hours a day or half the standard working time for the corresponding accounting period (except for cases when the employee is free from his main job). The contract for part-time work must indicate, as a mandatory situational condition, that the work is a part-time job.

It should be taken into account that the corresponding agreement can be concluded by the employee both with the employer for the main job (internal part-time job) and with another employer (external part-time job). At the same time, it is possible to conclude part-time work agreements with an unlimited number of employers, with exceptions established by law. Professional athletes and coaches have the right to enter into an agreement to work part-time only with the permission of the employer for their main job.

Read also: Shortened working hours for disabled people of group 3

It is not allowed to conclude a part-time employment contract with persons under the age of 18, as well as with persons whose main work is classified as difficult or is carried out in harmful (dangerous) working conditions, if the part-time job has similar characteristics. The legislation also provides for some other features of part-time work.

Part-time work should be distinguished from additional work in the form of combining professions (positions), as well as expanding service areas and increasing the volume of work. When combining professions (positions), the employee is entrusted with the work of another profession (position) for additional payment, and when service areas are expanded and the volume of work increases, the employee carries out his labor function, but with greater intensity. Part-time work differs from the listed categories not only in more detailed regulation, but mainly in that it is carried out on the basis of an independent type of employment contract in free time from the main job. Additional work in all its manifestations is carried out along with the work specified in the employment contract (i.e. at the same time work time), on the basis of a written agreement, which is, as a rule, an annex to the relevant employment contract (on the main job, or on part-time work).

In addition to the proposed classifications of employment contracts, they can be grouped according to other criteria. For example, according to the type of employer (taking into account the specifics of legal regulation), employment contracts are distinguished:

employers - individuals.

Depending on the specifics of the employee’s legal status, employment contracts can be divided into employment contracts:

with persons under 18 years of age;

persons performing family responsibilities;

foreign citizens and stateless persons.

Based on the nature of the work conditions, the following contracts are distinguished:

about work under normal (ordinary) conditions;

work at night;

performing heavy work or working in harmful (dangerous) conditions;

work in special climatic zones.

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Types of employment contracts by duration

Article 58 of the Labor Code of the Russian Federation provides for two types of employment contracts, distinguishing them by duration. The first type is employment contracts concluded for an indefinite period or open-ended. Indefinite employment contract- This is an agreement in which the parties do not stipulate the duration of its validity. And the second type is fixed-term employment contracts. Fixed-term employment contract- This is an agreement that is concluded for a certain period, usually not exceeding 5 years. The exception is cases expressly provided for by law. By providing the opportunity to conclude fixed-term employment contracts, Art. 58 at the same time introduces certain restrictions. Thus, an employment contract concluded for a certain period, in the absence of sufficient grounds established by the body exercising supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, or by a court, is considered concluded for an indefinite period. The legislation, of course, establishes a ban on concluding employment contracts for the purpose of evading the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period. Fixed-term employment can be concluded only in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation (for example, construction of a facility). At the same time, the employer is obliged to indicate in the employment contract specific circumstances under which the employment contract cannot be concluded for an indefinite period. The expiration of a fixed-term employment contract is considered grounds for its termination, but in cases where the contract has expired, but neither party has demanded its termination, the employee continues to work after the expiration of the term, the employment contract is considered concluded for an indefinite period.

Art. 59 of the Labor Code of the Russian Federation contains a list of cases and work when a fixed-term employment contract can be concluded at the initiative of the employer.

So, let's look at the main types of fixed-term employment contracts and dwell on the specifics of some of them.

1. Conclusion of a fixed-term employment contract for the duration of the duties of a temporarily absent employee. Such an agreement can be concluded if the absent employee retains his place of work in accordance with the law (for example, while the employee is on parental leave). In this case, the term of the employment contract will depend on the time of absence of the replaced employee.

2. Conclusion of a fixed-term contract for the duration of temporary (up to 2 months) or seasonal work. To perform temporary work, as well as work that, due to natural conditions, can be performed for a certain period not exceeding 6 months, a fixed-term employment contract can also be concluded. At the same time, the conclusion of such an agreement is possible only on the condition that the work is obviously temporary in nature or is provided for in a special list of seasonal work approved by the Government of the Russian Federation. The specifics of regulating the labor of workers who have entered into these fixed-term employment contracts are enshrined in Chapters 45 and 46 of the Labor Code of the Russian Federation.

3. With persons who went to work in organizations located in the regions of the Far North and equivalent areas, provided that these persons came to work in these areas from other regions of the country. The list of such areas was approved by the Resolution of the Council of Ministers of the USSR dated November 10, 1967 and is valid today as amended by the Resolution of the Council of Ministers of the USSR dated January 3, 1983 No. 12 with subsequent additions and changes made by the legislation of the Russian Federation. At the same time, the conclusion of an employment contract does not depend either on the nature of the work or on the conditions of its implementation. However, this rule does not apply to persons permanently residing in these areas. Features of labor regulation for persons working in the Far North are enshrined in Chapter 49 of the Labor Code of the Russian Federation.

4. A fixed-term employment contract with a person to carry out urgent work to prevent accidents, disasters, epidemics, as well as to eliminate these and other emergency circumstances. Here, the peculiarity is that the legislation does not define any minimum or maximum period. If the term of the employment contract does not exceed
2 months, then it is regulated taking into account the specifics established in Chapter 45 of the Labor Code (Features of regulating the labor of workers who have entered into an employment contract for a period of up to two months).

5. A fixed-term employment contract concluded with persons entering work in organizations - small businesses, if the number of employees in this organization does not exceed 40, and in retail trade and consumer services - 25. The concept and types of small businesses are defined in Art. 3 Federal Law dated June 14, 1995 No. 88-FZ “On state support small business in the Russian Federation". It should also be noted that individuals who carry out entrepreneurial activity without forming a legal entity. Accordingly, they are subject to all the above provisions for concluding fixed-term employment contracts for small businesses. Also, any individual can act as an employer, without being an entrepreneur, by concluding an employment contract with an employee to perform work for the needs of his personal consumer economy (for example, to perform work personal driver, nannies, governesses, cleaners). Peculiarities of labor regulation for workers who have entered into an employment contract with the employer - an individual, settled by ch. 48 TK.

6. An employment contract concluded with persons sent to work abroad, regardless of the nature of the work assigned and the organizational and legal form of the organization sending abroad.

7. An employment contract concluded to carry out work that goes beyond the normal activities of the organization, as well as to perform work with a deliberately temporary (up to a year) expansion of production or the volume of services provided. Ordinary activities should be understood as work that corresponds to the main directions of the organization’s activities as enshrined in the charter. The legislator gives examples of work that goes beyond the scope of the organization’s activities - reconstruction, installation, commissioning. Depending on the nature of the organization’s activities, this may include other work. The duration of such contracts is determined by agreement of the parties depending on the specific circumstances. The terms for concluding employment contracts for a temporary expansion of production or the volume of services are also determined by agreement of the parties, but cannot exceed one year. An example of expanding the volume of services is the increase in the volume of tourists in the summer, the organization of a summer cafe, etc.

Read also: Termination of an employment contract by agreement of the parties

8. An employment contract concluded by an organization created for a predetermined period and to perform a predetermined job. The fact of creating an organization for a certain period must be recorded in the charter of this organization. Moreover, the term of the employment contract concluded with persons entering work in such organizations cannot be less than the period for which the organization was created in accordance with the charter, but cannot exceed 5 years.

9. An employment contract concluded with persons to perform specific work, in cases where the deadline for its completion cannot be determined by a specific date. Examples here include construction and repair work, creative nature. Completion of this work will be grounds for termination of the employment contract.

10. Employment contracts concluded to perform work during an internship or vocational training.

11. Employment contracts concluded with persons studying full-time. Such an agreement can be concluded during the holidays or at other times, but with the condition that work does not interfere with study.

12. An employment contract concluded with persons applying for part-time work. The Labor Code defines part-time work as an employee performing other regular paid work under the terms of an employment contract in his free time from his main job. There are internal and external part-time jobs. Internal part-time work is the performance by an employee of work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours. It should be noted that internal part-time work is not permitted in cases where reduced working hours are established. The employee also has the right to enter into an employment contract with another employer for external part-time work. Thus, external part-time work is the performance by an employee of work on the basis of an employment contract with another employer, in addition to the main one. External part-time job, unlike internal, is allowed in any profession, specialty or position stipulated by the employment contract (including the same one as the main one). The legislation provides for the possibility of an employee concluding employment contracts with an unlimited number of employers. In this case, any consent, incl. and from the employer at the main place of work, as a rule, is not required. But there are exceptions. For example, according to Art. 276 of the Labor Code, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the organization’s property (or a person authorized by it).

When concluding an employment contract for part-time work, it must indicate that the work is part-time. By concluding such an employment contract, the employee acquires the appropriate legal status, which is not affected by changes occurring at the main place of work. Let’s say that if the employment contract at the main place of work is terminated, then part-time work does not become the main one for him. Also, the legal status of a part-time worker gives the employee the right to simultaneously be granted leave at the main place of work and part-time. If, however, the duration of leave at the main place of work exceeds the duration of leave at a part-time job, then, based on a written application, he must be granted additional leave without pay.

Also, in accordance with the law, state and municipal employees, judges, and prosecutors do not have the right to engage in any additional paid activities, with the exception of teaching and creative activities.

13. Fixed-term employment contracts can be concluded with old-age pensioners and persons who, due to health reasons, are only allowed to work temporarily. At the same time, the number of pensioners includes persons who have reached retirement age and who, in accordance with current legislation, have been accrued an old-age pension. If a citizen has reached retirement age, but for some reason has not acquired the right to a pension, concluding an employment contract with him is possible only on a general basis. As for persons who, on the basis of a medical report, are indicated for temporary work, then this fact must be supported by a documented medical report. The term of the employment contract is determined in accordance with the medical report and cannot be changed by the employer at its discretion.

14. It is possible to conclude fixed-term employment contracts with employees of the facilities mass media, theatrical and entertainment, film, video, television filming organizations, circuses and other persons involved in the creation or performance of works, as well as professional athletes. The list of professions belonging to the above categories is approved by the Government of the Russian Federation, taking into account the opinion of the tripartite commission for the regulation of social and labor relations.

15. Fixed-term employment contracts are concluded with scientific, teaching and other employees if they are hired on the basis of a competition, or elected to an elective paid position. For example, the positions of dean of a faculty, head of a department, etc. Also, fixed-term employment contracts are concluded with persons entering work related to the direct support of the activities of members of elected bodies or officials. In such cases, the term of the employment contract is set for the term of the relevant body or official. The official termination of the activities of these bodies or officials is the basis for the termination of fixed-term employment contracts with persons directly supporting their activities.

16. Fixed-term employment contracts are concluded with persons hired for management positions. Thus, fixed-term employment contracts are concluded with the heads of the organization, their deputies, chief accountants and their deputies.

17. In addition to the above cases, fixed-term employment contracts may be concluded in other cases provided for by law.

21. Types of employment contracts by duration

Employment contracts can be concluded

1) For undefined period;

2) for a period of no more than 5 years(fixed-term employment contract), unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

If the employment contract does not specify the duration of its validity, the contract is considered concluded For undefined period.

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.

Fixed-term employment contract consists 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, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.

A fixed-term employment contract is concluded: for the duration of the duties of an absent employee, who retains his place of work; for the duration of temporary (up to two months) work; with persons sent to work abroad; to carry out work that goes beyond the normal activities of the employer, 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 organizations created for a predetermined period or to perform a predetermined job; to carry out certain work, in cases where its completion cannot be determined; to perform work directly related to the internship and professional training of the employee; in cases of election for a certain period to an elected body or to an elective position, etc. Prohibited concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period.

By agreement of the parties, a fixed-term employment contract may be concluded. with persons entering work for small business employers whose number of employees 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, due to health reasons, medical indications Only temporary work is permitted; with those applying for work in organizations located in the Far North; to carry out urgent work to prevent disasters, accidents and other emergencies; with persons elected through competition to fill the relevant position; with creative workers; with managers, deputy managers, and chief accountants of organizations, regardless of their legal forms and forms of ownership; with persons studying full-time, etc.

22. Conclusion of an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of 16 years .

In cases of receiving general education or continuing to master the basic general education program of general education in a form other than full-time education, or leaving a general education institution, an employment contract can be concluded by persons who have reached 15 years. to perform light work that does not harm their health.