Labor activity of each citizenbegins with the fact that he signs an agreement with the future manager about the work. In this case, it is necessary to take into account all the nuances concerning the term of its conclusion. Because the registration of the employment contract for a certain period of time is possible only in those cases that are fixed in the LC RF. All other agreements are concluded for an unspecified period.
Decor
Before the citizen begins to performhis work, he must sign a contract of employment, on the basis of which it will be necessary to issue an order for his enrollment in the staff of the organization. At the same time, the manager should not forget that the deadline for the performance of work can be specified in it only in that situation, if this is not prohibited by law and is directly spelled out in the Labor Code of the Russian Federation.
The most common employment contractthe one in which the period of its validity is not specified is considered. Basically, it is used by all employers who take a new employee to the staff of the enterprise.
Besides, not all heads of organizations knowon how long the employment contracts can be concluded, and therefore allow for improper errors in signing them. Then they try to defend their case in higher instances if the dissatisfied employee whose rights were violated appealed to the judicial authority for the protection of his interests.
Term is not defined
In most cases, the employment contract betweenthe employee and the head is for an indefinite period of time, which is quite justified for many professions and positions. This feature is also indicated in Article 58 of the LC RF. In this case, the following conditions must be prescribed in the contract:
- the procedure for termination of its operation;
- term of notice of termination at the request of one of the parties;
- period of payment upon dismissal;
- time for reporting and transfer of wealth.
All other paragraphs of the work agreement must comply with the general rules for its conclusion.
Contract for a fixed period
Article 59 of the LC RF describes all cases when it is possible to conclude an agreement between the employee and his supervisor for a fixed period. It is issued in the following cases:
- if this requires the nature of the work itself, as well as the conditions for its implementation;
- by agreement between the employer and the subordinate.
In addition, in the labor legislation there is a certain list of grounds in accordance with which it is possible to conclude an employment contract with a citizen for a set period of time:
- in the absence of an employee (for example, during his illness another citizen may be admitted);
- if the performance of duties for two months is required;
- for seasonal work (reception of outer clothing in the wardrobe of the polyclinic, hospital);
- If necessary, practice and training in the form of an internship;
- for alternative service.
In practice, this type of agreement is formalized with:
- people who are retired;
- part-time workers;
- heads of organizations and their deputies, chief accountants.
Article 58 of the LC RF states that the labora contract entered into for no specific reason for a certain period of time shall be deemed to be signed for an unspecified period of time. Otherwise it will be a violation of the law.
By agreement
Article 59 of the RF LC expressly indicates thatmutual agreement between the employee and the head is possible to formalize the employment contract for a fixed period. It should be taken into account the fact that such an agreement is only with certain categories of citizens. They are:
- coming to work for an individual entrepreneur (a staff of no more than 20 people);
- creative employees;
- chiefs and their deputies, chief accountants;
- students studying internally;
- those who will carry out urgent measures to prevent the consequences of various disasters, accidents and other emergencies;
- part-time workers;
- elected to the position of the competition.
It is also possible to conclude an employment contract for a certain period of time and in other cases provided for by law.
Expired
After the period during which theThe employee fulfilled the duties assigned to him, he is subject to dismissal. In the event that neither of the parties to this agreement has requested the termination of an employment contract, it will be deemed to have been issued for an indefinite period.
On the impending dismissal, according to Art.79 of the Labor Code, the employee must be warned three days before the occurrence of this event. Except in cases where the person performed the duties of a temporarily absent employee.
Probation
In general, it is installed only thosemanagers who are not particularly confident in the competence of newly recruited staff. Such rules should be fixed by the employer independently in the local acts of the organization. The term of the employment contract should not be indicated here, but in the conditions it should be noted that in case of failure of the trial period the head is entitled to terminate it, having notified the employee about it three days before the expected date of dismissal.
Nuances
An urgent labor contract in an indefinite term is transferred only if, at the end of its activity, the employee continues to perform his official duties, and the head is not against it.
For example:
The head of the department of education hireddirector of the school. The employment contract specified the period of its validity - 5 years, but after this time the head did not offer his subordinate to vacate his place, because he was satisfied with the latter's work. The citizen also did not want to leave school and continued to perform job duties. This fact directly indicates that the term of the employment contract is now considered vague, and the person is the permanent head of the institution.
Sample
For how long can labor contracts be concluded?This question is asked practically by all heads of institutions that hire a new subordinate. At the same time, not everyone knows that the maximum term is five years. In addition, it is necessary to properly draw up such an agreement on work and prescribe in it all the conditions, and most importantly - this is the period of its operation.
Exemplary sample:
Employment contract No. ___
00.00.00 year city of _____________
OOO ________________ in the person of the director______________, acting on the basis of _____________ hereinafter referred to as the "Manager", and the citizen _____________ further "Employee", have concluded this agreement as follows:
1. Subject:
The chief takes the subordinate to the post of ___________.
Place of performance of official duties __________________.
The employee is subordinated only to the Chief in his activity.
2. Validity period:
The contract is concluded from 00.00. 00 to 00.00.00.goda for temporary repairs of office premises (basis - Article 59 TC).
Commencement of duties: _________
Ending _________, on the same day, the head carries out the final settlement with the employee and dismisses him
3. Mode:
The employee is assigned a five-day working week from 00.00 to 00.00 hours, a lunch break from 00.00. for 45 minutes.
The days off are Saturday and Sunday.
4. Signatures of the parties
Head _________ Citizen ___________
As can be seen from the above example, mandatoryThe condition here is the term of the employment contract for which it is concluded. If it is not specified, it means that the agreement will be deemed to have been issued for an unspecified period of time.
Basic moments
Before recruiting a new employee to eachthe leader must remember that he will need to conclude an employment contract with him. In addition, if the design of an employee is planned only for a certain period of time, then you need to make an agreement with observance of all TC norms.
In this case, each head of the organizationmust remember for what period labor contracts may be concluded. You must also specify it in the drafted agreement. If the term of the contract is not registered, it means that it is concluded for an indefinite period of time.
Arbitrage practice
The citizen got a job as an engineer inconstruction firm. In the employment contract signed with the head of the organization, it was specified the term of its validity, which amounted to 6 months. After the expiration of the specified period, the woman was dismissed from work with the payment of all the required funds. Disagreeing with the decision of the chief, she appealed to the court.
By consideration of materials of the case it was revealeda fairly large number of violations on the part of the employer. Because the application of Article 59 of the Labor Code has not been duly confirmed. In addition, the court pointed out that for no apparent reason it is unacceptable to formalize official relations with citizens for a fixed period of time. Therefore, there should be an employment contract concluded for an indefinite period.
Also the woman did not fit the categories of those personswith which it is possible to sign such agreements. She was neither a part-timer nor a pensioner, moreover, she was not elected to the post by competition. In accordance with this, the head has very roughly violated Art. 58 TC.
The citizen was reinstated at work with payment of the time of forced pass.
Based on this example, we can concludethat the dismissed employees still seek help from the courts when their rights are violated by the leadership of the organization. Because the groundless execution of a fixed-term employment contract is prohibited by law. This fact is indicated by art. 58 TC.
In addition, not all managers are aware ofwhat is the term of employment contracts - it can be no more than five years. Therefore, they make certain mistakes in the terms of the agreement. It also matters the nature of the work performed by the employee, eliminating its constancy (for example, cleaning the territory of the enterprise after the repair).
