What work is the urgent employment contracts conclude. The procedure for entering into an urgent employment contract - grounds, conditions, deadlines

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Summer is the time of vacation, seasonal and temporary work. During this period, urgent employment contracts are most often concluded. What are their features compared to perpetual contracts? What do workers and employers lose and win in the conclusion of an urgent employment contract? Answers to these and other questions you will find in the article.

Labor legislation provides for two types of employment contract. According to Part 1 of Article 58 of the Labor Code of the Russian Federation, contracts may be:

for undefined period;
for a certain period, but not more than five years. Let's talk more about the urgent labor contract.

When to conclude an urgent employment contract

In some cases, the nature of the upcoming work or its implementation conditions do not allow to issue labor relations with an employee for an indefinite period. Therefore, they conclude an urgent employment contract.

The grounds for the conclusion of an urgent employment contract are listed in part 1 of Article 59 of the Labor Code. And in part 2 of Article 59 of the Labor Code of the Russian Federation, cases are registered when an urgent employment contract may be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of labor relations is exhaustive. This is stated in the Rural Labor Letter of December 18, 2008 No. 6963-TK.

Table.

Grounds for the conclusion of an urgent employment contract
unconditional (Part 1 of Article.59 of the Labor Code of the Russian Federation)	by agreement of the parties (Part 2 of Article 59 of the Labor Code of the Russian Federation)
Temporary lack of the main employee Temporary works Seasonal work Work abroad Works overlooking the usual employer's activities Temporary increase in production The employer's organization was created for a certain period For the period of training and internship Election to the position Ensuring the activities of elected bodies Direction of employee employment authorities for temporary work Alternative Civil Service	Employer - a subject of small entrepreneurship Worker is a pensioner Medical indications Version of work requires moving to the regions of the Far North Emergency work to prevent disasters and others. Election to a competitive position Creative professions in the media, cinematography, etc. * With leaders, deputy heads, chief accountants Worker undergoing full-time training Worker is a partler

* List of works, professions, jobs for creative workers approved by the Decree of the Government of the Russian Federation of April 28, 2007 No. 252.

If there are no specified bases in the design of labor relations, the employer cannot conclude an urgent employment contract with an employee. Otherwise, with a labor dispute, this fact will qualify as a violation of the rights of the employee. In addition, it is impossible to conclude urgent labor contracts repeatedly without a temporary break, if it comes to the execution by employees of the same labor function. This, in particular, is stated in paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the application of the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as Decree No. 2). Taking into account the circumstances of the case, such contracts can be recognized by prisoners indefinitely.

We compile an urgent employment contract

We now turn directly to the registration of an urgent employment contract. As mentioned above, it consists only if there is grounds established by the Labor Code or other Federal Law. Therefore, when drawing up a contract, it is necessary to indicate for what reasons it lies with the employee for a certain period. This requirement is set out in paragraph 4 of part 2 of Article 57 of the Labor Code of the Russian Federation.

Mandatory conditions of employment contract

The urgent employment contract, as well as any other, must contain mandatory conditions. According to part 2 of Article 57 of the Labor Code, this is:

place of work;
labor function;
start date;
salary;
mode of operation;
compensation;
character of work;
condition for compulsory social insurance, etc.

How to determine the terms of the contract

The condition about the term of employment contract, probably one of the most important items of this document. Do not be it, the contract was not considered urgent. Therefore, he will pay special attention. How to formulate a term? It all depends on the circumstances of the conclusion of the contract. Consider them.

The expiration date of the contract is determined. If a specific date is established when the employment contract ends, it must be prescribed in the document. Recall that the urgent contract can be concluded for a period not exceeding five years.

In particular, the expiration date of the urgent employment contract is indicated in the case when the employer's organization is created to carry out specific work. Accordingly, employees will be hired for a period not exceeding their duration. This also concerns seasonal work (if a specific date of the end of the season) and elected posts are known.

Consider how an entry on the period on the period may be formulated.

Example 1.

LD Lochads got a job at the Merry Gorki LLC (Amusement Park) janitor. The park is open to visitors from May 1 to October 1. The employer concluded with him an urgent employment contract for the period of the park. How to reflect the condition about the term?

Decision

The contract point in which the condition is spelled out about the period of its action, it will look like this:

"2. Contract time

2.3. The contract was concluded for five months for the period of the aircraft fleet from May 1 to September 30.

The expiration date of the contract is not defined. In some cases, it is impossible to determine the end date of the employment contract. We present some typical situations when the contract is prescribed by the condition of its validity period, and not a specific date. So, the conclusion of an urgent employment contract is possible:

in connection with the departure of workers in maternity leave and childcare leave;
employee disease;
performing seasonal work.

In these cases, the end of the labor contract is associated with a specific event, for example, with the return of an employee to work after a long disease. On this account, the following explanations are given in Decree No. 2. If the urgent employment contract is to perform a certain work, and the exact date of its end is unknown, the contract is terminated at the end of this work by virtue of Part 2 of Article 79 of the Labor Code.

Example 2.

Condryer P.L. Snidishnikova adopted in LLC Vanilla at the time of passing by Confectioner V.A. Kalachoe course treatment in the hospital from August 1, 2010. S p.l. The spinning room concluded an urgent employment contract. How will the condition be written about the term of the contract, if it is unknown, when it was V.A. Kalacheva will return to his workplace?

Decision

In the employment contract with P.L. The renishing should be the following wording:

"2. Contract time

2.1. The agreement comes into force from the date of its conclusion by the employee and the employer (either from the date of the actual assumption of the employee to work with the knowledge or on behalf of the employer or its representative).

2.3. The contract is concluded for the period of temporary disability of pastry, V.A. Kalacheva, followed by a workplace.

2.4. The term of the contract is determined until the return of the main employee V.A. Calacheva.

2.5. In case of receipt of the main employee V.A. Calacheva disability with the restriction of ability to work or dismissal the employer prolongs this agreement with its replacement employee for an indefinite period. "

Probation

Is it possible to establish a trial period when concluding an urgent employment contract? It all depends on what time an employee is accepted for what work.

Seasonal work. When concluding an employment contract at the time of seasonal work, a probationary period of more than two weeks cannot be established (Article 70 of the Labor Code of the Russian Federation). At the same time, the session condition must be included in the text of the contract in accordance with Article 294 of the Labor Code.

Temporary work. When issuing an urgent contract for the time of temporary work (up to two months), the trial period is not established (Art. 289 of the Labor Code of the Russian Federation).

Other works. When concluding an employment contract for a period of two to six months, the test may not exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

Recall that according to Article 70 of the Labor Code of the Russian Federation, the test when receiving a job is also not installed:

pregnant women and women who have children under the age of one and a half years;
persons chosen by the competition for replacing the appropriate position conducted in the manner prescribed by labor legislation and other regulatory legal acts containing the rules of labor law;
under the age of 18 years;
those who have graduated with state accreditation educational institutions of primary, secondary and higher vocational education and for the first time entering the work on the received specialty within one year from the date of the Educational Institution;
elected to the elective post on paid work;
invited to work in order of translation from another employer in coordination between employers;
in other persons in cases provided for by the Labor Code, other federal laws, collective agreement.

The test term cannot exceed three months, and for the heads of organizations and their deputies, the main accountants and their deputies, heads of branches, representative offices or other partnership units of organizations - six months, unless otherwise established by federal law.

We draw up an urgent employment contract

We turn directly to the design of the document. As we noted above, all mandatory conditions should be included in it.

Particular attention should be paid for the reasons why the urgent employment contract is concluded, and on the deadlines for its end. Consider on the example of the preparation of this document.

Example 3.

Engineer-Builder E.V. Employee is hired at the project "Project-Design", created specifically for servicing international youth sports games "Sportlantida" planned in Volgograd in August 2010. Preparing for them began in January 2010, construction work should be completed on July 15, 2010. The organization will function until July 31, 2010. S E.V. Above discharge, it is necessary to conclude an urgent employment contract for the period of the existence of this organization. How to make it?

Decision

The urgent contract is shown below.

Employment record in employment

According to clause 4 of the rules of conducting and storing labor books, the manufacture of the forms of employment records and the provision of employers approved by the Decree of the Government of the Russian Federation of 16.04.2003 No. 225, information about the employee who performed by the work, translating to another permanent job, dismissal, is introduced into the employment record. And also indicate grounds for termination of the employment contract and information about awarding for success in work is made.

Accordingly, if an urgent employment contract has been concluded for any time, it is necessary to record this in an employment book or to start a new one, if there is no one. The employer must record an appointment of work in the workbook of the conscript, if he worked from him over five days and this work is for this employee of the main. Such is the requirement of paragraph 3 of the rules for the conduct and storage of labor books, the manufacture of the forms of workbook and ensure employers approved by the Decree of the Government of the Russian Federation of 16.04.2003 No. 225.

However, this does not mean that in the employment record it is necessary to indicate that it is the urgent employment contract. It is also not focused on the fact that the worker, let's say, replaces the missing specialist. It is enough to produce a standard entry, for example: "Accepted to work to the position of mechanics", with the procedure number of recording, dates, as well as the details of the order of employment. This, in particular, is referred to in the letter of the Federal Service for Labor and Employment of 04/06/2010 No. 937-6-1.

Serocarter employee vacation

An employee who has concluded an urgent employment contract is generally provided annual paid leave with preserving the place of work and earnings (Art. 114 of the Labor Code of the Russian Federation). Its duration is at least 28 calendar days for the working year (Art. 115 of the Labor Code of the Russian Federation). If the employee worked less than a year, the duration of leave is calculated in proportion to the spent time.

The right to use vacation for the first year of work arises from an employee after the expiration of six months of its continuous work in this employer (part 2 of Article 122 of the Labor Code of the Russian Federation).

Payment of vacation is made on the basis of the value of the average wage, which is calculated according to the rules established in Article 139 of the Labor Code, as well as in the Regulations on the specifics of the procedure for calculating the average wage, approved by the Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

In accordance with Part 1 of Article 128 of the Labor Code of Family Circumstances and other valid reasons, an employee on the basis of his written statement may be given leave without salary to the duration established by the labor legislation of the Russian Federation and the rules of the internal labor regulation of the employer.

Extension of an urgent employment contract

In which cases can the urgent employment contract be extended? Consider several situations.

Mandatory prolongation of the contract

The effect of an urgent employment contract may be unforced only in one case - with coincidence with a period of pregnancy, an employee. In this situation, the employer must extend the term of employment contract until the end of pregnancy. This is stated in part 2 of Article 261 of the Labor Code.

The worker must submit a written application and bring a medical certificate confirming the state of pregnancy2.

Prolongation by agreement of the parties

In part 4 of Article 58 of the Labor Code, the following is said. In the case when none of the parties demanded termination of the urgent employment contract in connection with the expiration of its term and the employee continues to work, the condition for the urgency of the employment contract is lost. After that, the employment contract is considered to be concluded indefinitely. Is it necessary to change the status of an urgent contract for an inconsistent executive documentary?

In fact, the contract status change occurs automatically. After that, the conscript officer is subject to the rules of labor law, which are provided for employees who have entered into perpetual labor contracts. For example, such an employee will not be dismissed on the basis of the expiration of the employment contract (paragraph 2 of Art. 77 of the Labor Code of the Russian Federation).

However, in this case, it is advisable to issue a number of documents. Such recommendations are given in a letter of Rostrud dated November 20, 2006 No. 1904-6-1.

First of all, this is an additional agreement to the employment contract. It can give the following wording: "Specify item number ... as follows:" This employment contract is concluded for an indefinite period ".

Urgent contract with a pensioner

Often, employers conclude urgent contracts with pensioners. At the same time, many believe that this is the only form of relationships with this category of workers. However, it is not. In determining the Constitutional Court of 15.05.2007 No. 378-O-P, it is said that when concluding an employment contract with a pensioner, a period can be established only by agreement of the parties. Such a conclusion is also contained in paragraph 13 of Resolution No. 2.

Therefore, with pension workers, it is possible to enter into employment contracts for an indefinite period. There is also no need to dismiss the employee who received the status of a pensioner and conclude with him an urgent agreement. He can continue to work on the basis of a previously concluded perpetual contract.

Termination of an urgent employment contract

The employment contract with the consumer employee is terminated due to its expiration. This is stated in part 1 of article 79 of the Labor Code of the Russian Federation. The procedure for the cessation of an urgent employment contract is regulated by Article 79 of the Labor Code of the Russian Federation. On the termination of the employment contract after the expiration of the employee of the preventionworthy in writing at least three calendar days before dismissal. Only in the case when the urgent contract is concluded with the employee for the period of replacement of the missing specialist, the employer may not warn it in advance.

The notification is drawn up in arbitrary form. It needs to register the term for termination of the contract and the rationale (for example, in connection with the completion of the work).

Order of dismissal

After the employee is notified of the end of the employment contract and did not arise obstacles to its termination, the head publishes the order of the employee's dismissal. To do this, there are two unified forms No. T-8 and T-8A (in case of dismissal of several employees), which are approved by the decision of the State Statistics Committee of Russia from January 05/2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and its payment."

The urgent employment contract may be terminated and under the general reasons established in Article 77 of the Labor Code of the Russian Federation, namely:

by agreement of the parties (Art. 78 of the Labor Code of the Russian Federation);
the initiative of the employee (Art. 80 of the Labor Code of the Russian Federation);
the initiative of the employer (Art. 81 of the Labor Code of the Russian Federation).

Recording in the employment record

On the day of the termination of the employment contract, the employee must issue an employment record person (part 4 of Art. 84.1 of the Labor Code of the Russian Federation).

According to paragraph 5.2, the instructions for filling the labor books approved by the Decree of the Ministry of Labor of Russia of 10.10.2003 No. 69, when the employment contract for the grounds provided for in Article 77 of the Labor Code of the Russian Federation, an entry on dismissal with reference to the relevant paragraph of this article is made to the employment record.

On a note
When to dismiss the employee, if the action of an urgent employment contract stops in a holiday or day off? According to Article 14 of the Labor Code of the Russian Federation, the Day of Employment Terms of Labor, if the last day is non-working, is considered the nearest working day after him.

In the case of the dismissal of the employee, when making a record of termination of an urgent employment contract, it is necessary to refer to paragraph 2 of Part 1 of Article 77 of the Labor Code of the Russian Federation. The wording will look like this: "dismissed due to the expiration of the labor contract period, paragraph 2 of Part 1 of Article 77 of the Labor Code of the Russian Federation."

After receiving the employment record, the employee must sign in the book of accounting for labor books and inserts to them in the form approved in Appendix 3 to the Decree of the Ministry of Labor of Russia of 10.10.2003 No. 69, and on the last page of the personal card, the unified form of which T-2 was adopted by the Resolution State Statistics Committee of Russia from 05.01.2004 No. 1.

If temporary disability coincided with the end of the urgent contract

If the employee is at the hospital at the moment when his contract is expired, the urgent employment contract is not extended. The employee is dismissed on general reasons. However, the hospital sheet must be paid. This employer obliges article 183 of the Labor Code of the Russian Federation. It states that when temporary disability occurs, the employer pays an employee of a temporary disability manual in accordance with federal laws.

In turn, in paragraph 2 of Article 5 of the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and due to motherhood" it is said that temporary disability allowance is paid to the insured persons not only during labor work Agreement, but also in cases where the disease or injury has come within 30 calendar days from the date of termination of its action.

Taxation and accounting payments for dismissal

Labor legislation instructs the employer on the last working day of the employee to pay him wages for the spent time (Art. 140 of the Labor Code of the Russian Federation) and compensation for unused vacation (part 1 of Article 127 of the Labor Code of the Russian Federation). In a collective or employment contract, other payments are permissible.

Thus, in part 4 of Article 178 of the Labor Code, it is said that not only the payment of output benefits not provided for by parts of 1-3 of Article 178 of the Labor Code of the Russian Federation can be established, but also an increased amount of output benefits.

The employee at dismissal is paid by salary for spent time, compensation for unused vacation and in some cases is a day off.

The first two payments are subject to:

NDFL (paragraph 1 of Art. 210 Tax Code of the Russian Federation);
insurance premiums (paragraph 1 of Article 7 of the Federal Law of July 24, 2009 No. 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Territorial Mandatory Medical Insurance Funds").

The amounts of wages and compensation are included in the cost of the taxpayer for labor payment (part 1 of Art. 255 of the Tax Code of the Russian Federation).

Wages are subject to trauma contributions (clause 3 of the rules of accrual, accounting and spending funds for the implementation of compulsory social insurance against industrial accidents and occupational diseases approved by the Decree of the Government of the Russian Federation of 02.03.2000 No. 184).

Compensation is not subject to trauma contributions (paragraph 1 of the list of payments, which are not charged insurance premiums in the FSS of Russia, approved by the Decree of the Government of the Russian Federation of 07.07.99 No. 765).

The output allowance within the limits of the norms is not subject to the taxation of NFFL, insurance premiums (sub. "D" paragraph 2 of Part 1 of Article 9 of the Federal Law of July 24, 2009 No. 212-FZ), not subject to trauma contributions (paragraph 1 of the List of Payments which are not charged insurance contributions to the FSS of Russia), reduces the taxable income tax base within the cost of labor costs (paragraph 9 of Art. 255 of the Tax Code of the Russian Federation).

In accounting, wages, a day off and compensation for unused vacation refer to expenses on ordinary activities (paragraph 5 of PBU 10/99).

The accrual and payment of their employee is reflected in the following wiring:

Debit 20 (23, 25, 26, 29, 44) Credit 70 - accrued payments to the employee during dismissal;

Debit 70 Credit 68 subaccount "Calculations of NFFL" - held NDFL with payments that are subject to this tax;

Debit 70 Credit 50 (51) - issued (listed) employee payments.

Gavrikova I.A., The latter scientific editor of the magazine "Salary"

In Russia, under the device of a citizen to work in the organization or to an individual entrepreneur, legislation provides for the mandatory conclusion of an employment contract. Such an agreement can be concluded without specifying its term - this is an agreement for an indefinite period. As well as Russian legislation provides for the conclusion of urgent labor contracts. Such contracts are allowed to conclude not always. Therefore, employers should be dealt with by whom when and for what time a urgent employment contract can be signed, whether it can be changed, terminate or done indefinitely. And also learn all the pros and cons of the urgent employment contract.

Urgent employment contract: concept, features

To begin with, we define what urgent labor differs from the contract concluded for an indefinite period, and that they have in common.

Art. 58 of the Labor Code of the Russian Federation establishes that if its work is not specified, it cannot be referred to the category of urgent employment contracts. In Russia, it is not established (as, for example, in Japan), the procedure for concluding a lifelong employment contract. However, our labor legislation is focused on protecting the labor rights of employees.

That is why the employer cannot conclude an urgent employment contract with an employee exclusively at will. Labor Code in Art. 59 of the Labor Code of the Russian Federation defines, in what cases it is necessary to enter into an urgent employment contract, and when it is permissible by agreement of the parties.

The differences between the urgent employment contract from the usual due to the reasons for their conclusion and duration

It should be noted that the urgent employment contract in its basic characteristics aimed at protecting the labor rights of hired workers does not differ from the contract concluded for an indefinite period.

The most important quality of the urgent employment contract is that this agreement has all the main qualities of the employment contract. Such an agreement should contain all the main characteristics specified for the employment contract of Art. 56 TK RF. In the urgent workforce, labor and recreation is recorded, employee labor function, working conditions, payment terms, social insurance, etc.

For an urgent employment contract, there are all the essential conditions prescribed in the usual TD

What may be grounds for the conclusion of an urgent employment contract

Russian legislation provides for two options when it is possible to conclude an urgent employment contract:

The urgent employment contract is concluded when labor relations cannot be established for an indefinite period, taking into account the nature of the upcoming work or the conditions of its implementation. These cases are provided by part of the first article 59 of the Labor Code of the Russian Federation.
The urgent employment contract may be concluded by agreement of the parties to an employment contract without taking into account the nature of the upcoming work and the conditions for its implementation. This is permissible in cases where the temporary nature of the employment contract cannot significantly violate the employee's labor rights. Such cases are provided by part of the second article 59 of the Labor Code of the Russian Federation.

The grounds for the conclusion of an urgent employment contract are set out in Art. 59 TC RF

Disadvantages and advantages of an urgent employment contract

The conclusion of an urgent employment contract may have pros and cons and employee, and for the employer.

Disadvantages for an employee:

cooperation with the employer will inevitably be completed at a certain point;
simplified dismissal procedure (after the completion of the contract period or after the work);
abbreviated period of dismissal: alert 3 days before the end of the work or the day before the release of the main employee (Article 79 of the Labor Code of the Russian Federation);
if the text of the contract was incorrect, the employee has a chance to translate urgent cooperation in an indefinite in court.

Cons for the employer:

the pregnancy of employees in a temporary contract deprives the opportunity to dismiss it before childbirth (except for the liquidation of the company);
if the employer did not warn the employee on the expiration of the contract, this contract automatically accepts an indefect nature;
upon incorrect design of the contract, the dismissal of the employee is illegal, therefore, by the court decision, it is restored in office, which causes great inconvenience, especially if the temporary worker has been hired during the absence of the main one.

In addition to direct minuses, an employer can be noted the possibility of hidden problems.

It is extremely important to properly draw up an urgent employment contract. The missed nuances may lead to the fact that the contract will be considered perpetual:

it is unacceptable to make several urgent contracts with one employee in a row, if the labor function specified in the contract does not change;
in the text of the contract, it is necessary to indicate the reason for its compilation (Art. 57 of the Labor Code of the Russian Federation);
it must be specified the date of completion of the contract.

The benefits for the employee can be considered that he has entered into an official contract for employment, albeit for a limited period. According to an urgent contract, the employee will use the same labor and social rights, as in the indefinite.

The advantage of an urgent contract for the employer can be considered that when conducting temporary work, the company does not need to expand the staff of the staff. When dismissing a permanent worker, it will have to pay compensation associated with the reduction of the state, and the employment of an employee for a temporary position will help to avoid extra costs.

Video: If I signed an urgent contract, what awaits you

For what period you can conclude an urgent employment contract

The urgent employment contract is no more than five years (Art. 58 of the Labor Code of the Russian Federation).

In urgent TD, it is necessary to describe the reason that has become the basis for this method of hiring.

The TC RF does not provide for the extension of the term contract. There is a single exception: if the woman who has ended the employment contract, will write a statement and indicate that it is pregnant. In this situation, the contract is extended to a complete expiration of maternity leave.

The procedure and rules for registration under an urgent employment contract

The procedure and rules for designing an employee to work under an urgent employment contract are practically no different from the design under the contract of indefinite.

The initial document for acceptance of temporary work is usually an employee's statement addressed to the company's head or IP. After the employer puts a visa to work on the application, the personnel service of the employer is preparing a draft urgent employment contract.

The applicant for the conclusion of the employment contract must prepare a package of documents for the conclusion of the contract.

Necessary documents for the conclusion of an urgent employment contract

The following documents are required from the employee:

passport of a citizen of the Russian Federation or a document replacing it;
insurance certificate of state pension insurance (SNILS);
a special education document, if an agreement is supposed to be a contract for execution of work requiring certain qualifications;
military accounting document (for military-cancer citizens);
medical book, if necessary by the nature of the work (trade, education, public catering, etc.);
for a minor worker younger than 16 years old - the written consent of the parent (trustee).

Under the Labor Code, the employer is not entitled to request an employee of the INN, as well as registration at the place of residence, but they are often needed for the design of personnel documents and therefore are requested.

Inn worker is needed to pass tax reports on personal income tax

How to compile an urgent employment contract: structure and content, main conditions, sample

When making a work on an urgent contract in the contract, according to Art. 70 of the Labor Code of the Russian Federation, the test period may be set when admitting work. The test is established by agreement of the parties in order to verify the conformity of the employee of the commissioned work. The absence in the labor contract the test conditions means that the worker is hired without a test.

If the employee is actually admitted to work without an employment contract (part 2 of Art. 67 of the Labor Code of the Russian Federation), the test condition may be included in the employment contract only with execution in the form of a separate agreement before the start of work. Wherein:

The test when admitting work is not established if the urgent employment contract is concluded for up to two months (Art. 289 of the Labor Code of the Russian Federation).
When concluding an urgent employment contract for a period of two to six months, a trial period cannot exceed two weeks.
If the urgent contract is prepared for a period of more than six months, the test period is established standard - up to three months.

An example of a form of an urgent employment contract. Attention should be paid to filling item 2.1.3 of the contract with the principle and end of work. A sample of filling the urgent employment contract is possible.

In addition, even before signing the contract, an employee must familiarize himself with the rules of the internal labor regulation, with its job description, and also confirm his familiarization of the signature in the relevant magazine.

After signing an urgent employment contract, the employer's personnel service must fulfill at least two mandatory operations:

arrange an order for employment on an urgent employment contract;
make an entry to the employment record of the employee, reflecting the start of the employer.

Order acceptance and filling out the workbook

Such does not have fundamental differences with order of receiving on a permanent job. The main difference of such an order is that it should contain the date or conditions for the completion of this contract. An example of an order.

When issuing an urgent employment contract, the labor book is filled in general rules.

However, entry into the employment record of the contract for the completion of the contract is a violation of the provisions of the Instructions for Filling Labor Books. When detecting the inspection authorities of the fact of writing about the term of completion of the employment contract, the employer can be attracted to administrative responsibility under Art. 5.27 Administrative Code . In addition, the employer will be issued an order to eliminate the violation, when the failure to comply with which the responsibility may come in accordance with Art. 19.5 Administrative Code.

Features and procedure for payment with an urgent labor contract

The employee, with whom the urgent employment contract was concluded, enjoys all rights to fee for the work done on a par with permanent employees.

All social payments temporary employee are also laid. But here there are their nuances. So, to obtain payments on sick leave and holidays, the average salary is calculated not in the last 12 months, and from the calculation of the average salary for the period from the date of employment to the month preceding the care of sick leave or on vacation.

The specificity for temporary workers is also dismissal. In the case of the dismissal of a permanent employee to reduce the state, it relies with compensation, which is not provided for temporary workers.

When dismissing a temporary worker, except for the work fee, has the right only for compensation for the unused days of the next vacation.

The procedure for termination of an urgent employment contract, including when expired

The procedure for termination of the urgent employment contract regulates Art. 79 TK RF. The employer warns an employee about the end of an urgent employment contract for at least three calendar days before the date affixed in the contract as the date of its end.

If none of the parties demanded termination of an urgent employment contract in connection with the expiration of its operation and the employee continues to work after the expiration of the employment contract, the condition of the urgent nature of the employment contract is loss of strength, and the employment contract is considered to be concluded indefinitely.

But there are certain features in the dismissal of an employee in a temporary employment contract:

the employment contract concluded at the time of the fulfillment of certain work is terminated upon completion of this work;
the employment contract concluded at the time of the fulfillment of the duties of the missing employee stops with the release of this employee to work;
the employment contract concluded for the execution of seasonal work is terminated at the end of the period specified in the contract (season).

Special nuances refer to the conclusion of the employment contract for a certain period in the absence of sufficient grounds established by the legislation. In this case, the contract is considered to be concluded indefinitely by court decision.

If a pregnant woman works under an urgent contract, then it remains employed in this place until the end of pregnancy and childbirth leave. Previously, it is impossible to dismiss it. However, there are exceptions here. If a woman is arranged for a period of absence of an employee, and he goes to the previous place, then a pregnant woman is offered another position. If the vacant place, suitable for its qualifications and health peculiarities, the employer does not have, then the contract is terminated. A pregnant worker working under an urgent contract can also be fired until maternity leave is completed if the employer's activities are fully terminated (the employer is a legal entity or IP is removed from accounting as a subject of entrepreneurship).

If the term of the contract ended, the employee is not entitled to insist on further work in this place. The leadership, in turn, cannot hold the employee, prevent his dismissal. If the term of the agreement is expired, the employee informed the employer that he stops working, worked the last laid day and did not come anymore, it could not be considered a break. A temporary worker when dismissal, at his own request, the obligation to work out the required number of days is not imputed.

The dismissal of the employee in the expiration of the employment contract is usually rapid and painless

As an urgent employment contract to translate into a permanent

In some cases, the urgent employment contract may be translated into a permanent. This happens if:

between the employer and the employee, an agreement was reached on the transfer of an employee for a permanent job;
the employee addresses the court with a claim for the recognition of an agreement by an indefinite, and according to the materials submitted, the court makes a positive decision.

If the contract's parties agreed that the employee adopted under an urgent contract becomes a permanent employee, it is necessary to conclude the appropriate agreement.

A sample of an additional agreement between the employer and the employee with a joint decision to translate the urgent employment contract into the status of the perpetual. After his signing, the temporary worker automatically becomes constant.

After the conclusion of an additional agreement on the transfer of an urgent contract to a permanent employer, an order must be issued, approving this agreement. An example can be downloaded.

The order of retraining of an urgent employment contract in a permanent court

In practice, there may be a situation where one of the parties of the urgent employment contract, as a rule, is an employer, believes that the contract is completed, and the other Party believes that this urgent agreement can be considered an indefinite and employee to consider a permanent worker.

When the parties are not able to negotiate, the person interested, usually this is an employee, turns to court. When contacting Court, the employee may substantiate his requirement to one of the following circumstances:

the urgent employment contract is concluded without legal grounds provided for by Art. 59 TC RF;
the end of the contract is not specified (or the amount of work to be fulfilled), i.e., there is no reference to the event in connection with which it stops, or the date of termination of labor relations is not specified;
the urgent employment contract is concluded for more than five years;
the employer has not warned the employee about the end of the contract 3 days before it is completed;
the urgent contract is repeatedly concluded for a short time to perform the same employment function.

And another reason for challenging the contract in court are banal violations of the norms of Art. 59 TK RF. In accordance with it, the urgent contract must necessarily comply with the validity of the execution of an urgent contract.

Urgent employment contract - an important element of Russian labor law. Such a contract is often convenient for the employer, and for a hired employee. Therefore, all employers need to be understood when it is permissible to conclude an urgent employment contract, how to make it, how to change it, in what cases such a contract can be translated.

The urgent employment contract is:

at the time of the fulfillment of the duties of the missing employee, which in accordance with labor law and other regulatory legal acts containing the rules of labor law, a collective agreement, agreements, local regulatory acts, the employment work is maintained;

during the execution of temporary (up to two months) of work; to perform seasonal work, when, due to natural conditions, work can be made only for a certain period (season);

with persons sent to work abroad; For work leaving beyond the usual activities of the employer (reconstruction, installation, commissioning and other works), as well as works related to a deliberately temporary (up to one year) an expansion of production or the amount of services provided;

with persons entering the organization created on a deliberately defined period or to fulfill certainly specific work;

with persons accepted to perform obviously specific work in cases where its completion cannot be determined by a specific date;

to perform work directly related to the internship and with professional training of the employee;

in cases of election for a certain period of determination, the election body or the elected position for paid work, as well as admits to work related to the direct provision of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations;

with persons sent to the employment service authorities for a temporary nature and public works;

with citizens aimed at passing an alternative civil service;

By agreement of the parties, the urgent employment contract may be:

with persons entering employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in retail and consumer services - 20 people);

with retired retirees by age, as well as with persons who, in accordance with the medical conclusion, issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, allowed the work of an exceptionally temporary nature;

with persons entering organizations located in the regions of the Far North and equivalent areas, if it is due to the relocation to the place of work;

for emergency work on the prevention of disasters, accidents, accidents, epidemics, epizooty, as well as to eliminate the consequences of these and other emergency circumstances;

with persons elected by the competition for replacing the relevant position conducted in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

with creative media workers, cinematography organizations, theaters, theater and concert organizations, circus and other persons participating in the creation and (or) execution (exhibit) of works, professional athletes in accordance with lists of work, professions, positions of these workers approved Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Socio-Labor Relations;

with leaders, deputy heads and headquarters of organizations regardless of their organizational and legal forms and forms of ownership;

with person learning on full-time learning;

with persons coming to work on part-time;

in other cases provided for by this Code or other federal laws.

Comment 1.

The commented article lists cases when the conclusion of urgent employment contracts is allowed.

In accordance with Art. 58 of the Labor Code of the Russian Federation, providing for the division of all the grounds for the conclusion of an urgent employment contract into two groups, Art. 59 TK RF determines the list of such grounds within each group. In terms of 1 commented articles, cases are established when the conclusion of an urgent employment contract is required for Parties, and in part 2 - cases when the parties have the right to establish a condition for the urgent nature of the employment contract on the basis of an agreement. 2.

Listed in Part 1 commented on the basis of the founding of the conclusion of an employment contract are mandatory for the parties and predetermine the conclusion of an urgent employment contract in these cases. To include in an employment agreement, the condition about the urgen nature of the work on these grounds is not required to achieve the parties to the Special Agreement.

As a rule, all cases contained in Part 1 are compared to the chief criterion - the nature and conditions for the fulfillment of the upcoming work do not allow to establish labor relations indefinitely.

The first among cases of the mandatory conclusion of an urgent employment contract called the conclusion of an employment contract for the time of execution of duties of the missing employee, followed by the place of work. The Code, other laws and other regulatory legal acts, are determined by the occasion where the employer is obliged to maintain a place of work beyond the missing employee. For example, finding workers on child care leaves to the age of three years (Art. 256 of the Labor Code of the Russian Federation); The direction of the employee to increase the qualifications with a separation from work (Article 187 of the Labor Code of the Russian Federation), execution by the employee of state and public duties (Art. 170 of the Labor Code of the Russian Federation) and others. The obligation of the employer to preserve the absent employee of the place of work may also be provided for by the collective agreement, agreement , local regulatory act and even labor contract. In these cases, the conclusion of an urgent employment contract with an employee admitted to work to fulfill the responsibilities of a temporarily absent employee. The term of such an employment contract is determined by the time of the absence of the main employee and the contract is subject to termination with its access to work (part 3 of Art. 79 of the Labor Code of the Russian Federation).

At the conclusion of an urgent employment contract for this basis, under the term of its operation, it is recommended to indicate not a specific calendar date (for example, on August 15, 2006 - the day of the end of the holiday of workers who are on maternity leave up to three years), and a specific event - Exit for workers to work from vacation because it has the right to get out of vacation at any time during this holiday. In this case, its early release from vacation, regardless of the specific calendar date, is a legitimate and indisputable circumstance, which stops the urgent employment contract with its replacement employee.

The conclusion of an urgent employment contract at the time of the temporary (up to two months) of the work is allowed if the upcoming work is deliberately being temporary. By qualifying signs of a temporary nature of work are: the maximum period for its implementation is no more than two months and a single (episodic) employer's need for its implementation (i.e., such work should not be permanent). In the labor contract, the parties define a specific period necessary to fulfill such work (2 weeks, 1 month, 45 days, etc.), the main thing is that it does not exceed the maximum permissible period - 2 months. Features of labor regulation of workers who have entered into an employment contract for up to two months are determined by Art. 289-292 TK RF (see also comments on them).

When concluding an urgent employment contract to perform seasonal work, it is necessary to take into account that seasonal in accordance with Art. 293 Code is recognized as work, which, due to climatic and other natural conditions, are performed during a certain period (season), not exceeding, as a rule, six months, and in some cases it is allowed to increase its sectoral (intersectoral) agreements concluded at the federal level of social partnership (See also Commentary on this article).

All types of work attributable to seasonal are contained in special lists approved by the Government of the Russian Federation. The employer is not entitled to solve the issue of the seasonal nature of the work at its discretion. In now on, before the adoption by the Government of the Russian Federation, the relevant regulatory legal act, which establishes the lists of seasonal works should be applied a list of seasonal work, appliance. Resolution of the People's Commissariat of the USSR of the USSR from 11.10.1932 No. 185. In addition, for the purposes of pension provision, there are lists of seasonal works and seasonal industries, work in enterprises and in organizations whose organizations are counted in the sentence of pensions for the year of work, approved. Decree of the Government of the Russian Federation of 04.07.2002 No. 498 "On the approval of the list of seasonal industries, work in whose organizations during the full season when calculating the insurance experience is taken into account with such a calculation so that its duration in the relevant calendar year amounted to full year", the resolutions of the Summina RSFSR from 07/04/1991 No. 381 "On approval of a list of seasonal works and seasonal industries, work in enterprises and in organizations whose organizations regardless of their departmental affiliation for the full season is counted in the experience for the appointment of pensions for the year of work" and the Sovmina of the USSR on 09/29/1990 No. 983 "On approval of a list of seasonal work and seasonal industries, regardless of the departmental subordination of enterprises and organizations, work in which within the full season is counted in the experience for the appointment of pensions for the year of work."

The employment contract concluded during the execution of seasonal works is terminated after a certain season (see. 4 tbsp. 79 of the Labor Code of the Russian Federation and the comment on it).

The requirement to conclude an urgent employment contract with persons sent to work abroad, does not contain any restrictions on the nature of the work entrusted and the organizational and legal form of the employer who guides the employee to work abroad, which allows us to conclude that the admissibility of the conclusion of such urgent labor contracts Any employer (including an individual entrepreneur). However, cases of concluding agreements on the basis of the foundation in the public sector in connection with the implementation of diplomatic, consular and representative functions are the most common. In accordance with Art. 337, 338 of the Labor Code of the Russian Federation, urgent labor contracts are concluded with employees who sent to work in diplomatic missions and consular agencies of the Russian Federation, in the representation of federal executive bodies and government agencies abroad. Features of labor regulation of this category of workers installed ch. 53 Code.

At the conclusion of an urgent employment contract for work leaving for the usual employer's activities (reconstruction, installation, commissioning and other works), as well as works related to the deliberately temporary (up to one year), the expansion of the production or volume of services provided should be considered two grounds , the procedure for the use of which is different.

In the first case, when the conclusion of the employment contract is due to the work leaving beyond the usual activities of the employer, it is important to determine how to properly determine what activity is for the employer usual. In relation to legal entities under normal activities, it is necessary to understand the types of activities that are fixed in their constituent documents. Employers are a certain difficulty in determining the content of conventional activities - individual entrepreneurs, since they are involved in the economic turnover without constituent documents. It seems that it is advisable to determine the directions of their activities, based on the most frequently performed types of work or services provided. Led in part 1 of the commented article The list of works that go beyond the usual activities of the employer (reconstruction, assembly, commissioning) is approximate and is not limited to the legislator. To comply with the requirements of the law, when concluding an urgent employment contract on this basis, it is important that such works are temporary. At the same time, the deadline for their implementation cannot exceed the maximum period established for urgent labor contracts - five years.

In the second case, the conclusion of an urgent employment contract is associated with a change in the nature of the employer's activities due to the temporary (up to one year) of the expansion of production or the amount of services provided. A distinctive feature, allowing to accommodate this base from the previous one, is the implementation of the employer's usual activities, with a short increase in its volume. Examples of the temporary expansion of the production or the amount of services provided can serve as an employer of the order requiring additional workers, or seasonal vibrations of customer demand, for example, in the field of tourist services during summer holidays. The maximum period for which the employment contract may be concluded on this basis is 1 year, but the parties have the right to provide in the labor contract and fewer period depending on the period of action of specific circumstances that caused the expansion of production.

Civil law of the Russian Federation admits the creation of legal entities for a certain period or to achieve a certain goal, which should be stipulated in the charter of the legal entity (Article 61 of the Civil Code of the Russian Federation). In this regard, labor legislation provides for a limitation of labor contracts with persons entering the organization created on a deliberately defined period or to fulfill a certainly defined work, within the existence of the organization itself. On this occasion, the Plenum of the Armed Forces of the Russian Federation in the decision of 17.03.2004 No. 2 "On the application of the courts of the Russian Federation of the Russian Federation of the Russian Federation" clarified that the termination of the employment contract with employees on the basis of the expiration of the labor contract could be made if this organization really terminates In connection with the expiration of the term to which it was created, or the achievement of the target for which it was created, without the transition of rights and obligations in order of succession to other persons (p. 14).

It should be borne in mind that such an employment contract also applies to the general condition about the maximum permissible duration of the urgent employment contract - no more than 5 years (see Art. 58 of the Labor Code of the Russian Federation and comment on it).

When concluding an urgent employment contract with persons admitted to perform obviously specific work in cases where its completion cannot be determined by a specific date, it is necessary to specify specific work in the labor contract, for which the employee is involved (for example, the construction of an inventory, drawing up Annual accounting balance, etc.). The completion of the performance of this work will be the basis for termination of the employment contract due to its expiration. However, the position of the Plenum of the Russian Armed Forces of the Russian Federation should be taken into account, which in the decision of 17.03.2004 No. 2 indicated that, when establishing the fact of the initial labor contracts during the trial, the court was entitled to fulfill the case of the same labor function, given the circumstances of each case To recognize the employment contract concluded for an indefinite period (p. 14).

In the case of the conclusion of an urgent employment contract for the work of work directly related to the internship and with professional training of an employee, it should be borne in mind that such work is carried out in order to improve the skills of the employee and are limited directly to the term of internship (learning). An internship or vocational training is a treaty with an employer who guides its employee to pass the training.

The passage of internships or vocational training is possible on the basis of a student agreement concluded directly with the trainee (see Art. 198-208 of the Labor Code of the Russian Federation and comments on them).

A prerequisite for the conclusion of an urgent employment contract in cases of election for a certain period of determination of the electoral authority or the elected position to the paid work is the elective activity of the employee. The term of such an employment contract is determined by the dedication period. For example, the replacement of posts of the Dean of the Faculty or the head of the department of higher education institution is carried out on the basis of elections, the procedure for which is determined by the Charter of the educational institution (see Art. 332 of the Code and Comment on It). The governing bodies of political parties and their regional offices are formed as a result of the election (Article 24 of the Federal Law of July 11, 2001 No. 95-FZ "On Political Parties"). It should be borne in mind the paid nature of this work.

The conclusion of an urgent employment contract in cases of work admits associated with the direct support of members of elected bodies or officials in government and local government bodies, in political parties and other public associations is not allowed not with all employees admitted to the specified authorities and Organizations, but only with those whose job responsibilities are directly related to the provision of members of members or officials of these bodies (organizations). So, in accordance with Art. 38 of the Federal Law of 08.05.1994 No. Z-FZ "On the status of a member of the Federation Council and the Status of the State Duma Deputy of the Federal Assembly of the Russian Federation" with an assistant member of the Federation Council, the State Duma deputy is a urgent service contract or an urgent employment contract for a period not exceeding the term of office Member of the Council of the Federation, deputy of Costa.

Examples of such work can also serve as official duties of the assistant, secretary, adviser, referrant of heads of local administrations, assistant Chairman of the Party, Head of Public Association, etc. The term of such an employment contract is established by agreement of the parties within the term of office of the relevant official or a member of the elected authority. The early termination of the powers of these persons entails and the termination of employment contracts with employees, accompanied to work to ensure their activities.

In accordance with the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment of the Population in the Russian Federation" in order to further social support for citizens looking for work, employment authorities may send such persons to work in a temporary nature and public works. The term of employment contract with persons aimed at the employment service authorities for a temporary and social work is determined by agreement of the parties. Conducting public works is governed by the Regulations on the organization of public works, UTV. Decree of the Government of the Russian Federation of July 14, 1997 No. 875.

When concluding an urgent employment contract with citizens aimed at the passage of alternative civil service, it should be borne in mind that an alternative civil service is a special type of work in the interests of society and the state carried out by citizens instead of the call service. The legal basis for its passage is formed by Art. 59 Constitution of the Russian Federation, Federal Law of July 25, 2002 No. 113-F3 "On Alternative Civil Service", Regulation on the procedure for the passage of alternative civil service, UTV. Decree of the Government of the Russian Federation of 28.05.2004 No. 256. The passage of alternative civil service is possible as civilian personnel in organizations submitted by federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, local governments, in organizations of the Armed Forces of the Russian Federation, other troops, military formations and organs. Lists of works, professions, positions on which citizens can be occupied by alternative civil service and organizations where the passage of alternative civil service is envisaged. Order of the Ministry of Health and Social Development of Russia of 12.04.2006 No. 286.

A labor contract with a citizen aimed at passing an alternative civil service is always urgent and lies on the period of its passage. One of the conditions for the conclusion of an urgent employment contract for this basis is to address the draft commissions on the replacement of military service upon calling by an alternative civil service.

In addition to the above cases, the urgent employment contract is also subject to conclusion if such a responsibility follows from the requirements of the Code or other federal laws. It should be borne in mind that no other legislative or regulatory legal act (for example, the law of the Directory of the Russian Federation or the Decree of the Government of the Russian Federation) cannot expand this list. 3.

Listed in Part 2 of Art. 59 Code of Cases of conclusion of an urgent employment contract have a dispositive nature, which implies the conclusion of an urgent employment contract for these reasons not by virtue of the direct regulation of the law, but in connection with the initiative of the parties. The article also does not oblige the parties to substantiate the conclusion of an urgent employment contract for the listed grounds for the temporary nature and terms of the upcoming work. To conclusion, it is sufficiently willing the parties. With an initiative about the conclusion of an urgent employment contract for any of those provided for. 2 commented on the basis of the foundation, any party is entitled to perform - both the employee and the employer. The parties should come to an agreement on this condition, otherwise the employment contract is not. Registration of an agreement on the inclusion in the employment contract Terms of its action in the form of a separate document is not required, it is enough to include this condition directly into the text of the employment contract signed by its parties.

One of these cases of Part 2 of Art. 59 The Code calls the conclusion of an urgent employment contract with persons entering employers - small business entities (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail and domestic service - 20 people). In accordance with Art. 3 of the Federal Law of June 14, 1995 No. 88-FZ "On State Support for Small Entrepreneurship in the Russian Federation" under the subjects of small business are commercial organizations, in the authorized capital of which the share of the Russian Federation, the subjects of the Russian Federation, public and religious organizations (associations), charitable and other funds do not exceed 25%, the share owned by one or several legal entities who are not subjects of small businesses does not exceed 25% and in which the average number of employees during the reporting period does not exceed the following limit levels: in industry, in construction or transport - 100 people; in agriculture - 60; in the scientific and technical sphere - 60; In wholesale trade - 50; in retail trade and domestic service of the population - 30; In other industries and in the implementation of other activities - 50 people. Under small businesses are also understood by individuals engaged in entrepreneurial activities without the formation of a legal entity (individual entrepreneurs).

In the new edition of the commented article, this foundation for the conclusion of an urgent employment contract has undergone significant changes:

first, there was an alignment of the legal statute of organizations and employers - individual entrepreneurs due to the establishment of the same conditions for imprisonment with employees of urgent labor contracts (previously the condition for the number of employees on individual entrepreneurs did not apply);

secondly, the quantitative criteria for the number of employees who serve as a basis for the conclusion of an urgent employment contract, from 40 to 35 employees (from 25 to 20 employees in retail and domestic service organizations);

thirdly, the right to conclude urgent employment contracts without taking into account the total number of employer workers has been preserved only for employers - non-individual entrepreneurs individuals. The provision is contained in Art. 304 Code (see also comment on this article).

Thus, small businesses (organizations and individual entrepreneurs) have the right to conclude urgent labor contracts, if the total number of their employees does not exceed 35 people (in the field of retail and domestic service - 20 people).

When concluding an employment contract with retirees in age, it is necessary to take into account that the conclusion of an urgent employment contract is possible only with newly incoming retirees in 196 age, i.e. with persons who at the time of the conclusion of the employment contract reached retirement age and in accordance with the pension The legislation appointed a labor pension in old age. It should be borne in mind that pensioners by age also include persons who have appointed a pension ahead of time in connection with the work in harmful and (or) hazardous working conditions, as well as with serious working conditions, work in the areas of the Far North or equivalent areas and other areas. It is not allowed to renew the perpetual employment contract concluded earlier to the urgent employment contract in connection with the achievement of the retirement age and the appointment of an old age pension in the prescribed manner.

As for the persons who, according to the state of health, in accordance with the medical conclusion, issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, allowed the work of an exceptionally temporary nature, the period of employment contracts concluded with them is determined by the duration that according to medical conclusion is provided for For this employee, taking into account its health.

A prerequisite for the conclusion of an urgent employment contract with persons entering the organization, located in the regions of the Far North and equivalent to them areas, is the fact of moving an employee to the areas of the Far North or equivalent locality to the work due to the employment contract. Currently there is a list of regions of the Far North and equivalent locality, appliance. Decree of the Sovmina of the USSR of 10.11.1967 No. 1029 "On the procedure for applying the Decision of the Presidium of the USSR Supreme Soviet of September 26, 1967" On expanding benefits for persons working in the regions of the Far North and in areas equivalent to the regions of the Far North ".

When concluding an urgent employment contract for emergency work on the prevention of disasters, accidents, accidents, epidemics, epizooti, \u200b\u200bas well as to eliminate the consequences of these and other emergencies, it should also be guided by a list of emergency circumstances specified in Art. 4 (Part 4) and 722 (Part 2) of the Code (see also comments on this items). The specific term of such an employment contract depends on the duration of the validity of these circumstances.

In accordance with Art. 18 TK RF, labor relations on the basis of an employment contract arise as a result of election on the competition for replacing the appropriate position, if the List of posts to be replaced by the Competition and the procedure for competitive election for these positions are determined by the Competitive Legal Act or the Charter (Regulation) of the Organization. Thus, the conclusion of an urgent employment contract with the persons elected by the competition for replacing the appropriate position conducted in the manner prescribed by labor law and other regulatory legal acts containing labor law standards may not only be submitted by the competition on the basis of the law, But also in positions related to such a local regulatory act of the employer.

The legislation provides for the conclusion of urgent labor contracts as a result of the competition with the heads of federal state unitary enterprises (Decree of the Government of the Russian Federation of 16.03.2000 No. 234 "On the procedure for concluding contracts and certification of managers of federal state unitary enterprises"), with scientific and pedagogical workers of higher educational institutions, Except for the posts of the Dean of the Faculty and the head of the department (see Art. 332 of the Code and Comment on It).

The conclusion of urgent labor contracts is allowed with creative media workers, cinematography organizations, theaters, theater and concert organizations, circus and other persons participating in the creation and (or) execution (exhibiting) of works, professional athletes. The list of such categories of workers should be approved by the Government of the Russian Federation, taking into account the opinion of RTK.

Urgent employment contract with leaders, deputy heads and chief accountants of organizations may be independent of organizational and legal forms or forms of ownership of organizations.

In accordance with Art. 273 of the Labor Code of the Russian Federation, the head of the organization is an individual, which, in accordance with the Code, other federal laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of the constituent entities of the Russian Federation, the regulatory legal acts of local self-government bodies, the constituent documents of the legal entity (organization) and local Regulatory acts leading to this organization, including the functions of its sole executive body. Previously operating the editors of Art. The Code 275 provided for the obligation to enter into an employment contract with the head of the Organization for a period defined by the constituent documents or the agreement itself. The new edition of this article does not contain such a prescription, but it clarifies that in the case of the conclusion of an urgent employment contract, its term is determined by the constituent documents of the Organization or Agreement of the Parties. It should be borne in mind that legislation in some cases provides for the obligation to conclude an urgent employment contract with the head of certain types of organizations. So, Art. 40 of the Federal Law of 08.02.1998 No. 14-FZ "On Limited Liability Societies" found that the sole executive body of a limited liability company (general director, president, etc.) is elected by the General Assembly of the Company's participants for a period defined by the Company's Charter.

The urgent employment contract may be concluded with persons learning on full-time education (schoolchildren, students, graduate students).

By agreement of the parties, the law admits the conclusion of an urgent employment contract with persons coming to part-time work. At the same time, the presence or absence in the labor contract with a part-time condition on its validity period has important legal importance for the procedure for termination of the employment contract. So, in accordance with Art. 288 of the Labor Code of the Russian Federation, in addition to the grounds stipulated by the Code and other federal laws, the employment contract concluded for an indefinite period with a part-time person may be discontinued in the case of accepting an employee for whom this work will be the main thing about the employer in writing Form warns the specified person at least two weeks before the termination of the employment contract. In relation to an urgent employment contract with a part-time of such a simplified termination procedure, the Code does not provide.

The code or other federal laws may also provide other grounds for the conclusion of an urgent employment contract by agreement of the parties. So, Art. The 344 of the Labor Code of the Russian Federation provides for the possibility of concluding an employee and a religious organization of an urgent employment contract (see also commentary on this article).

Additional grounds for imprisonment of urgent labor contracts are not allowed to establish other regulatory legal acts, except for the Codex and other federal laws.

Consider what is happening. As far as this type of contract is justified and when it is impossible to choose between an urgent and indefinite agreement.

Distinctive features

According to the Labor Code of the Russian Federation, two types of contract can be distinguished by which the employee and the employer may issue relations among themselves. Namely:

urgent;
without a deadline.

In the first case, the service life is a limited period of time, but not more than 5 years. It may be related to:

the nature of the work;
working conditions;
with restrictions on health or age;
professional human activity.

Keep in mind: in case of imprisonment of an urgent employment contract The employer has no right to refuse an employee in providing annual or maternity leave, as well as hospital. At the same time, all relevant payments for the employee are preserved.

Is the consent of the employee

Answer this question is uniquely impossible. It is necessary to consider each specific situation. In most cases, the consent of the future employee is still necessary.

On practice the urgent employment contract is in cases where Registration of an employee for permanent work is impossible for various reasons. For example, health status does not allow this (this fact must be confirmed by the official certificate from the medical institution). Then his consent is needed.

Employees of the investigation, many scientists, professors, teachers of universities, artists are solely for urgent labor contracts that sign a limited period. In most cases - for 5 years. After which they either extend it, or refuse to services of this person. It is not necessary to receive the employer to receive the employer in these categories of specialists for the signing of an urgent contract, since there is no second variant of the relationship of relations in principle.

When consent does not need

We will analyze, and there are no other options:

The employee will occupy the place of a temporarily absent person who is on long-term treatment, on maternity leave, on leave to care for a child - disabled and other (i.e. it is missing for a valid reason and retains the place).
The services of this specialist are needed for a short period of time - no more than 2 months
The employee goes to another country. Example: to work in a branch, to improve the skills, passing internship.
The need for an employee depends on the time of year. Example: its services are needed in winter to clean the roofs of snow and icicles.
The person will be busy in works that are not related to the main activity of the company. Example: The organization sells auto parts, and in the warehouse constantly flows the roof. Employees hired to reconstruct a warehouse building and will lead their activities under an urgent employment contract.
A group of specialists working on one project for the company and do not plan to continue cooperation with it after completing it on it.
Employees temporarily arranged in an organization to pass internship or practice.

By agreement: voluntary signing order

In part 2 of Article 59 of the Labor Code of the Russian Federation, enshrined in what cases is the urgent employment contract With mutual consent. Among them:

people with various diseases that can only work for a short period of time;
pensioners who came to work in the organization;
employees hired on a competitive basis;
workers whose future activities involve moving to areas with a harsh climate (scientists, researchers, meteorologists, military);
workers of art and entertainment (actors, circus workers, TV presenters, reporters, singers);
people who occupy high-ranking positions (general director, chief accountants and their deputies);
students studying in full-time;
sailors;
employees combining work in several organizations;
employees fighting emergency situations (fires, floods, epidemics) and eliminating their consequences.

When urgent contract is illegal

And here in which cases, the urgent employment contract is concluded illegally

when a person worked on an indefinite agreement, and the manual forces him to quit and sign urgent;
when a person retired and continues to work, but already under an urgent contract.

Conditions for signing

The main conditions for signing an urgent contract are as follows:

the consent of both parties (except in the cases listed above when it is not necessary);
no contradictions with the law.

The employee and the employer express the desire to limit their cooperation with a certain time interval. By its expiration, they can make a decision on the termination or extension of the contract.

When signing an urgent contract, none of the parties should be pressure. Otherwise, it can be invalid.

The employer should not only indicate the grounds in the contract for its conclusion for a specific period, but also make sure that the applicant has documents confirming this fact (certificates, certificates, etc.).

What should include

Traditionally in case of imprisonment of an urgent employment contract It must contain the following information:

personal data of the employed person (Full name);
the basis of the signing of the urgent contract;
an indication of the period to which it lies;
information about the employer (name of the organization, full name of the head or person entitled to signature);
the amount of remuneration that the employee will receive with a good fulfillment of the tasks (may be monthly or for the entire period of operation);
the date of signing and autographs of both sides.

How to object correctly

Registration of an urgent employment contract begins with its signing. After that, make an order for the reception of the employee mentioned in it to work.

Then the clerk (frame) makes the appropriate mark in the workbook about this fact. Specifies the date when the employee was arranged, the details of the order about this, the name of the organization, puts the signature.

After the expiration of the contract in the employment record of the employee, the clerk makes the appropriate mark. Except in cases where the contract decided to extend or transferred an employee to a permanent job.

In the practice of working with hired personnel, sometimes there are situations when the work of workers is not necessary on an ongoing basis, and for a while. In this case, it is necessary to conclude an urgent employment contract with such employees. Unlike ordinary (perpetual), such contractual relations can not act longer than the law.

Urgent contracts have their own nuances of the conclusion, which should be observed both parties to avoid misunderstandings, which will then have to be resolved in court. We analyze the grounds for the design of such labor relations, their legal foundation, as well as the main points that must be taken into account employees and employers.

Legislative Justification of Urgent Contracts

The word "urgent" in determining this type of contract does not mean any additional speed of its execution, it does not occur from "urgency", but from "term". So it is declared its difference from contracts that are concluded for an indefinite period.

With the usual form of labor contractual relations, the date of commencement of work is exactly known, and the separation time and reason for dismissal can not be determined.
But when the last condition is known to both sides, that is, the employee, and the employer know when they will ruin their cooperation agreement, it is advisable to issue relations with a predetermined period - fixed-term employment contract.

The Labor Code of the Russian Federation calls the employment contract to be mandatory when making relations "Worker-Employer" (Article 56 of the Labor Code of the Russian Federation), and the term is its essential condition. Options when the employer gives a temporary employment employee, defined in Art. 59 TK RF. Their determining factor is an important circumstance: the urgent employment contract is legitimate only when the conclusion of perpetual is impossible for objective reasons.

NOTE! To conclude such a contract, there is not enough will of the employer and even the consent of the employee, its design must comply with the grounds given in the legislation. Otherwise, if you have to understand the court, an urgent contract, enclosed on an illegitimate basis, will be recognized as indefinite.

Attractiveness of urgent labor contracts

The party that is most of all in winning from the conclusion of an urgent, not an indefinite agreement is an employer. Causes are obvious:

an employee on a temporary basis is more managed;
"Conspicent" is easier to motivate, since the extension of cooperation with it directly depends on the leadership;
it is much easier to carry out the procedure for dismissal;
over the end of the term, the employee cannot challenge such exemption from office;
thus, you can free yourself from any categories of employees, even as much as possiblely protected.

For employees, as a rule, constant employment, providing certain guarantees and confidence in its future. The same position adheres to Domestic Legislation and the International Convention on Labor (ILO), seeking to reduce the number of workers engaged in a temporary basis as much as possible.

Features of the urgent employment contract

The determining factor of choice in favor of the urgency of the contractual relationship is an important circumstance: an urgent employment contract is legitimate only when an initial conclusion is impossible for objective reasons.

The reason for this must be indicated in the text of the contract.

The term of such a contract may not exceed 5 years. If the document does not specify a specific time limit or event that the contractual relationship, it will automatically be considered a contract with an indefinite period. Similarly, if more than a five-year term is specified.

The termination of the urgent contract must necessarily be designated in the text. This is possible in two ways:

specifying a specific number when the action of the contract will be discontinued;
the designation of the event whose offensive is terminated by an urgent contract.

The offensive of the final date does not mean immediate discontinuation of the work: about the upcoming dismissal in accordance with his expiration of the employee, it is necessary to warn writing in writing for 3 days. If this is not done, the dismissal can challenge.

In the second case, the preliminary notification is not possible, since the event has automatically rupts the urgent contract, as its conditions provide. Most often, this event is to enter the work of the main employee, instead of which was employed temporary.

Who can enter into urgent labor contracts

Such relations employers are drawn up with those employees whose nature does not make it possible to determine the duration of the working relationships either, on the contrary, quite clearly denotes their end. Such personnel categories include, for example, the following:

seasonal workers;
employees hired to perform a specific type of work for a certain period;
employees who sent to work abroad or another branch of the organization;
experts hired to perform work not provided for by the main activity of the organization;
teachers who can work in the relevant post only for the time of the competition;
replace employees on a long-term hospital or on maternity leave, etc.

Translation into an urgent employment contract with an indefinite

As a rule, employees work under an indefinite agreement. However, sometimes there is a need to transfer to an urgent contract. This can be done, however, the procedure must comply with all the rules.

Causes of translation to the urgent employment contract

You can translate an employee to an urgent contract only if there are sufficient grounds for that. If there are no such grounds, the agreement will be considered perpetual. An employer cannot be issued an urgent agreement with the aim of rejecting employees with rights and guarantees. Consider the reasons why the employer translates:

The employee is appointed to the place of the temporarily missing employee. For the latter, the place of work is saved.
The employee is heading for temporary work abroad.
Work is associated with temporary expansion of production.
The employee has restrictions on ability to work.

That is, the translation into an urgent contract is relevant for those cases when the status of the employee changes. For example, he has health restrictions.

Is there a law on an urgent contract?

The question with the legality of the transfer of an employee to an urgent agreement is extremely ambiguous. If the employer initially issued an employee for an indefinite agreement, it should ensure the fulfillment of the terms of this agreement. That is, the worker gets the right to work during an unlimited time.

The contract may be only on the basis of items established by the Labor Code of the Russian Federation.

For this reason, the transfer of an employee from an indefinite for an urgent contract is not legal. The employer cannot, for the purpose of translation, simply conclude an additional agreement. An employee, if desired, can easily challenge this document.

Another significant error is the design of a new agreement at the time when the past agreement continues its effect. According to the law, if there are two documents with respect to the employee, the act with the most favorable conditions will be valid. In the case under consideration, the most profitable will be a permanent agreement, since it provides a greater list of rights.

IMPORTANT! Many employers believe that the conclusion of the new agreement automatically cancels the effect of the previous agreement. However, this is an incorrect position. In order to acact only one act, you need to legally cancel the action of the old act.

How to legally translate the face to the urgent contract?

The only legitimate way to transfer an employee to the urgent contract is the termination of the former agreement and the design of the new. However, it is necessary to take into account all the shortcomings of such a way:

The need to pay compensation for vacation, which was not used.
Calculation of the experience for decoration of vacation begins again. In order for an employee to legally go on vacation, he needs to work for 6 months. For example, an employee for the first indefinite agreement worked for 5 months. That is, a month later he can go on vacation. However, if the previous agreement is terminated, another contract is issued, leave will be legal only after 6 months.
We will have to make cadastral documentation on an employee as newly accepted into service.

The legislation does not specify the simplified procedure for the dismissal of the employee and admission to work again. The listed difficulties are associated in order to prevent abuse.

The procedure for issuing a new employment contract

Consider the legitimate procedure for transferring an employee to an urgent contract by issuing a new agreement:

The employer holds a conversation with an employee and offers him new working conditions. Explains the translation scheme.
An employee is dismissed at his own request or by agreement of the parties.
The new employment contract with a limited period is immediately issued. The head publishes an order to admit a person to work.
Relevant information is made to the employment record.

This method of translation is more complicated, but it is legal.

Legal reasons for urgency

The law provides for two legitimate occasions to conclude an urgent, not indefinite employment contract:

Relationships are concluded strictly for a certain period, based on the nature of the upcoming labor and concomitant circumstances.
The urgency of labor relations is due to the coordination of the parties in cases where this does not contradict the current legislation.

Labor legislation of the Russian Federation (part 1 of Art. 59 of the Labor Code of the Russian Federation) permits to conclude urgent contracts arising from the nature of the workIn the following circumstances:

for a while, at its workplace on objective reasons, there is no regular worker, the workplace for which should be saved by law;
the upcoming work will not take more than 2 months;
to ensure seasonal labor;
with overseas work forms;
the implementation of the actions necessary for the company, but not related to its main activities (for example, installation work, repair, reconstruction, etc.);
work related to limited (usually up to a year) time of holding, such as expansion of activities, capacity building, volumes, etc.;
the company is specifically created for a short existence, providing for limited time to perform specific work;
labor associated with the consciousness, internship of employees;
election for a certain period in the working elective body;
direction to public works;
additional cases provided for by federal legislation (existing and possible adoption in the future).

Fixed-term employment contract on agreement of the partiesit can only be concluded on a limited list of grounds:

the employer is a representative of small businesses;
employee - pensioner;
additional employment is allowed by doctors;
work in the extreme north and other territories equivalent to it;
when election on the competition for a vacant position;
urgent work aimed at preventing and / or eliminating the effects of emergency situations;
with leadership, deputy and headquarters of organizations;
with creative workers (in accordance with the list of such posts);
with students or students-glasses;
with part-book;
with focus working in the Russian international register of ships;
other reasons corresponding to federal laws (relevant and future).

Employer, remember:

it is impossible to enter into an urgent employment contract on the grounds not specified in Art. 59 TC RF;
when dismissing an employee after an urgent contract, do not forget to warn him in writing for 3 days;
did not warn about the dismissal - the contract will become indefinite.

Worker, take note:

arrangement of urgent (temporary work), pay attention to the end of the work (specific date or event);
if, according to the law it is provided, you can demand the extension of the term contract (for example, during pregnancy);
if your "conscientious" are violated, the court will restore you at work, will force the employer to pay, and possibly moral harm.

What work is the urgent employment contracts conclude. The procedure for entering into an urgent employment contract - grounds, conditions, deadlines

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Features and procedure for payment with an urgent labor contract

The procedure for termination of an urgent employment contract, including when expired

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The order of retraining of an urgent employment contract in a permanent court

Distinctive features

Is the consent of the employee

When consent does not need

By agreement: voluntary signing order

When urgent contract is illegal

Conditions for signing

What should include

How to object correctly

Legislative Justification of Urgent Contracts

Attractiveness of urgent labor contracts

Features of the urgent employment contract

Who can enter into urgent labor contracts

Translation into an urgent employment contract with an indefinite

Causes of translation to the urgent employment contract

Is there a law on an urgent contract?

How to legally translate the face to the urgent contract?

The procedure for issuing a new employment contract

Legal reasons for urgency

Employer, remember:

Worker, take note: