Sometimes for some time the organization needsa narrow specialist. Of course, it is possible, after discussing all the nuances, to agree verbally, believing each other's words. However, in this case it is better to conclude a fixed-term contract. Let's consider briefly, in what situations it is appropriate and how it is.
The term contract with the employee is usually concluded,when for an indefinite period labor relations can not be established or formalized (in view of the nature of the work). It is important to know: the conclusion of a contract is not an obligation, but a right of both parties. The initiative can show both the employee and the employer. A list of specific situations is given in the RF TC (Article 59), where about twenty points are envisaged, when it is possible to specify the term of this agreement, in particular:
- replacement of a temporarily absent employee;
- carrying out works that are not specific to the specifics (profile) of the organization;
- performance of short-term work (including seasonal, up to 2 months);
- the conclusion of contracts with students, part-time workers, managers, etc.
In the case where the employer is smallenterprise (no more than 40 employees in the state), or a physical person is also relevant to a fixed-term contract. The period of validity of the agreement is stipulated and established in the case when, again, it is impossible to conclude a contract of perpetual.
It would seem that a fixed-term contract is particularly beneficialThe employer, because the employee has much less rights. But this opinion is erroneous, since a fixed-term contract with an employee must contain a reference to the reason (circumstance) of the conclusion of the agreement and precise terms. All the rights of employees are preserved, as under contracts of indefinite duration. In this sense, the worker is fully protected by the Labor Code. Moreover, if after the expiry of the term specified in the contract, the work continues (duties are fulfilled), the employee automatically switches to the status of the employed for an indefinite period, even if the extension of the fixed-term employment contract was not negotiated or concluded. And if the boss decides to sack him, you can already talk about compensation in the double (or even threefold) amount of the salary that the employee hired earlier received.
The Labor Code does not require the existence of anyspecial documents for processing a fixed-term contract. It is enough to have a simple written agreement, bilateral, with signatures on both sides, in duplicate (one employer keeps to himself, the second is kept by the employee). In the agreement (as in the subsequent issued order), it is desirable to specify the type of contract (urgent).
Contract cancellation takes place on generalrules. If the reason for termination is the end of the period, the employee is warned in advance (3 days - minimum). If the employee has performed the duties of a temporarily absent employee, the contract is terminated upon the entry of the latter (TC RF, Article 79).
However, even here there are some digressions. For example, if a woman was employed and the expiry of the contract expired during her pregnancy, the organization in this case is obliged to extend the contract until the woman leaves the decree (Labor Code, article 261).
Further. If the employee is hired for two months or less, the trial period is not established. If the employee is hired for seasonal work, then the maximum probation period is two weeks.
And one more thing, which is sometimes hushed upemployers, - insurance. Each individual who signed the fixed-term contract must be insured in the general procedure (from occupational diseases and accidents).
Finally - on the timing of fixed-term contracts. The maximum term of such an employment contract is five years. If the employer has not noted the term of the agreement or specified a period that has exceeded the maximum, the contract becomes unlimited. The minimum terms of hiring by law are not specified.