The conclusion of urgent labor contracts in practice is a lot of disputes and disagreements, and they are mainly related to the employer's violation of the norms of the Labor Code. Quite often, employees appeal to the lawsuit on the recognition of urgent labor contracts indefinite or the illegality of dismissal in connection with the end of the contract, since the term of labor relations was unlawful. In most cases, the courts face an employee. After reading the article, you will learn, in what cases can the term of labor relations and what consequences are threatened by the employer due to non-compliance with the norms of the Labor Code of the Russian Federation on the term of employment contract.

Cases of imprisonment of an urgent employment contract

According to Art. The TC of the Russian Federation with labor is considered to be relations based on the agreement between the employer and the employee about the personal fulfillment of the labor function, subordinate to the rules of the internal labor regulation when providing the employer working conditions provided for by labor law and other acts containing labor law, collective and labor contracts. , agreements, local regulatory acts.
Labor relations arise between an employee and an employer on the basis of an employment contract: its content is strictly regulated by Art. 57 TK RF. One of the mandatory conditions to be included in the employment contract is the start date of work, and in the case when the urgent employment contract is concluded, - also the term of its action and circumstances (causes) who served as the basis for the conclusion of an urgent employment contract in accordance with the TK RF or other federal law.

For your information. The conclusion of urgent employment contracts is prohibited in order to evade the provision of rights and guarantees provided for for employees with which the employment contract is concluded for an indefinite period.

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 conditions of its implementation, namely in cases provided for by Part 1 of Art. 59 TK RF:
- At the time of the fulfillment of the duties of the missing employee, which in accordance with labor law and other acts containing the rules of labor law, a collective agreement, agreements, local regulatory acts, the employment of employment. This is a vacation (including child care), and temporary transfer by medical reasons, and the fulfillment of state duties;
- at the time of execution of temporary (up to two months) of work (for example, to prepare the annual report);
- To perform seasonal work, which can only be made over a certain period. What works are considered seasonal, it is said in Art. 293 of the Labor Code of the Russian Federation - these are the works that are due to climatic and other natural conditions Performed for a certain period (season), not exceeding, as a rule, six months. Lists of seasonal work, including individual seasonal work, which is possible during the period (season), exceeding six months, and the maximum duration of these individual seasonal works are determined by industry (inter-sectoral) agreements concluded on federal level social partnership;
- with persons sent to work abroad, for example, to work in the Russian embassy or consulate;
- for carrying out work common activity employer (reconstruction, installation, commissioning, etc.), as well as works related to obviously temporary (up to one year) expansion of production or volume of services provided;
- With persons entering the organization, created on a deliberately defined period or to fulfill certainly specific work. For example, to celebrate the anniversary of the capital of the subject of the Russian Federation for the purpose of long (more than two months) preparations for the holiday;
- 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 practice, professional training or additional professional education in the form of internship;
- in cases of election for a certain period of determination of the electoral authority or the elective post on paid work, as well as advent of work related to the direct support of members of elected bodies or officials in state authorities and local government bodies, in political parties and others public associations. For example, on the basis of paragraph 14 of Art. 51 of the Federal Law of December 29, 2012 N 273-FZ "On Education in Russian Federation"It was after the election of the president of state or municipal educational organization Higher education between him and the founder of this organization is an employment contract for up to five years;
- with persons sent by the employment service authorities on a temporary work and public works. For example, according to paragraph 2 of Art. 24 of the Law of the Russian Federation dated 19.04.1991 N 1032-1 "On employment of the population in the Russian Federation" with persons who want to participate in public works is the urgent employment contract, which can be terminated by them early under the device for permanent or temporary operation;

For your information. Public works are labor activities that have a socially useful direction and organized as an additional social support for citizens seeking work. Such works do not include activities related to the need for urgent elimination of the consequences of accidents, natural disasters, disasters and other emergency situations and requiring special training of workers, as well as their qualified and responsible actions in the shortest possible time.

- With citizens aimed at passing an alternative civil service. Recall that the employer, to whom a citizen arrived from the military commissariat to pass such a service, is obliged to conclude an urgent employment contract with him for the period of alternative civil service in this organization and at a three-day sentence to notify the military commissariat (Article 16 of Law N 113- FZ);
- In other cases provided for by the TK RF or other federal laws. In particular, on the basis of Art. 348.4 TK RF for a period of temporary translation of an athlete, an employer at the time of temporary work concludes a urgent employment contract with him in accordance with the requirements of Art. 348.2 TK RF. And according to paragraph 4 of Art. 27 of the Federal Law of 05/31/2002 N 63-FZ "On advocacy and advocacy in the Russian Federation" Law education is entitled to conclude an urgent employment contract with a person providing the activities of one lawyer at the time of their implementation of its professional activities in this lawyer education.

Note. Alternative Civil Service - Special View labor activity In the interests of society and the state carried out by citizens in return for military service.

Note that in some cases, the term of labor relations can be established by agreement of the parties without taking into account the nature of the upcoming work and the conditions for its implementation. Such cases are named in Part 2 of Art. 59 TK RF:
1. With persons entering employers - small business entities (including individual entrepreneurs), the number of employees of which does not exceed 35 people. (in retail and domestic service - 20 people).
To subjects of small and medium-sized enterprises include organizations, as well as individual entrepreneurs if they have:
- the total share of the participation of the Russian Federation, municipalities and charitable and other funds in the authorized (share) capital does not exceed 25%;
- The average number of employees for the previous calendar year does not exceed for medium enterprises from 101 to 250 people, and for small up to 100 people. (microenterprises - up to 15 people);
- Revenue from the sale of goods (works, services) excluding VAT or the carrying amount of assets for the previous calendar year should not exceed 60 million rubles for microenterprises, small enterprises - 400 million RUB., Average - 1 billion rubles.

For your information. The average number of microenterprise workers, small or medium enterprises per calendar year is determined taking into account all its employees, including working on civil-legal agreements or part-time, taking into account the actual time, workers of representative offices, branches and other separate units of these enterprises.

2. With increasing retirees by age, as well as with persons who, for health, in accordance with the medical conclusion, issued in the manner prescribed by the Order of the Ministry of Health and Social Development of the Russian Federation of 02.05.2012 N 441n, allowed the work of an exceptionally temporary nature.
3. With persons entering the organization, located in the regions of the Far North and equivalent areas, if it is connected with moving to the place of work. This wording suggests that the conclusion of an urgent employment contract with a person already residing in the region of the Far North or an equal to them area, it is wrong with the founded basis. Recall that the list of such areas is approved by the Decree of the USSR Council of 10.11.1967 N 1029.
4. For urgent work on the prevention of disasters, accidents, accidents, epidemics, epizooty, as well as to eliminate the consequences of these and other emergency circumstances.
5. With persons elected by the competition for replacing the relevant position conducted in the manner prescribed by labor legislation and other acts containing labor law. For example, the conclusion of the employment contract to replace the position of a scientific and pedagogical worker in the educational organization of higher education, as well as the transfer to the position of a scientific and pedagogical worker precedes the election on the competition for replacing the appropriate position. That is, with these categories of workers, you can conclude an urgent employment contract.
6. With creative equipment workers mass media, cinematography organizations, theaters, theater and concert organizations, circus and other persons participating in the creation and (or) execution (exhibiting) of works, in accordance with the lists of works, professions, posts of these employees, approved by the Decree of the Government of the Russian Federation of 28.04.2007 N 252.
7. With leaders, deputy heads and chief accountants of organizations regardless of their organizational and legal forms and forms of ownership. Many employers do not ask the consent of future managers, deputies and chief accountants, believing that according to Art. 275 TK RF term of the employment contract in this case is determined by the constituent documents of the organization. However, this is an incorrect position - this article does not provide for the need to conclude just an urgent employment contract, but only says that if the parties came to an agreement on the urgency of labor relations, the term of the contract is determined by the constituent documents of the organization (usually by Charter) or the Agreement of the Parties.
8. With persons receiving full-time education.
9. With members of the crews of ships, shipping vessels and vessels of the mixed (river - sea) of swimming registered in the Russian international register of ships.
10. With persons entering part-time work. Recall that by virtue of Art. 282 of the Labor Code of the Russian Federation under part-time is understood to fulfill the fulfillment of another regularly paid work on the terms of the employment contract in its free time. Duration of working time when working part-time should not exceed four hours a day (Art. 284 of the Labor Code of the Russian Federation).
11. In other cases provided for by the TK RF or other federal laws.

Contract term with a foreign worker

The main regulatory act regulating the work of foreigners in the Russian Federation is the Federal Law of July 25, 2002 N 115-FZ "On the legal status of foreign citizens in the Russian Federation". And from its norms (it is not said directly now) It can be concluded that it is allowed to conclude urgent employment contracts with foreign workers.
For example, according to paragraph 1.1 of Art. 13.1 Law N 115-ФЗ Permission to work is issued to a foreign citizen for the term of the employment contract concluded with him, and in accordance with paragraph 7.5 of the same article temporarily staying a foreign citizen within 15 working days from the date of early termination of the employment contract with him is entitled to conclude a new employment Agreement, and if the term of a new treaty exceeds the validity of the work permit, then the permission period can be extended.
However, the urgent employment contract may only be in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the upcoming work and the conditions of its implementation (Article 58 of the Labor Code of the Russian Federation). It turns out that the urgency of labor relations with foreigners does not depend on the nature of the upcoming work (seasonal, temporary) and the conditions for its implementation. In most cases, concluding an urgent employment contract with a foreign worker, employers justify the urgency of the presence in Art. 59 of the Labor Code of the Russian Federation norms that such an employment agreement lies in other cases provided for by the TC RF or other federal laws. Meanwhile, in this situation, such use is not quite acceptable.
It turns out that neither the N 115-FZ law nor the TK RF provides cases when labor relations with a foreign worker cannot be established for an indefinite period, taking into account the nature of the upcoming work and the conditions for its implementation, as prescribed by Art. 58, 59 TK RF. Therefore, we propose to substantiate the need to conclude an employment contract for a certain period of illegality of work without permission to work, which has an urgent nature. In order to avoid violation of the legislation, the parties of labor relations are forced to conclude urgent contracts with a period of action not exceeding the period of operation received by a foreign citizen.
Of course, a foreigner can conclude a permanent employment contract. In this case, you need to make a timely timely permit or extend the deadline for the work permit.

Changing the term of employment contract

The possibility of extending the term of the employment contract is often interested in employers. Immediately, let's say that the extension of the term in some cases is provided for by labor legislation. For example, according to Art. 332 of the Labor Code of the Russian Federation when electing an employee of the university on a competition for replacing the post of scientific and pedagogical worker previously occupied by the urgent labor contract, a new employment contract may not be to: the effect of an urgent employment contract is extended by agreement of the parties to the Parties concluded in writingFor a certain period of no more than five years or indefinitely.

For your information. In order to establish during the trial of the fact of multiple times of improving labor contracts for a short time to fulfill the same labor function, the court has the right to recognize the employment contract to be recognized as prisonered for an indefinite period (paragraph 14 of the Resolution of the Plenary of the Armed Forces of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

Sometimes the employer is simply obliged to extend the term of employment contract. In particular, on the basis of Art. 261 of the Labor Code of the Russian Federation in case of an expirational employment contract during pregnancy, the employer is obliged by his written statement and in providing a medical certificate confirming the state of pregnancy, extend the term of employment contract until the end of pregnancy. At the same time, a pregnant woman, the term of employment contract with which was extended, is obliged to request an employer, but not more than once every three months, to submit a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, the employer has the right to terminate the employment contract with it in connection with the expiration of its operation within a week from the day when the employer learned or should have led to the fact of the end of pregnancy.
It should be noted that a pregnant woman still can be fired due to the expiration of the term of the contract, but only in the case when the contract was held at the time of the duties of the missing employee and it is impossible to translate it with the written consent of the woman to the end of pregnancy to another employer existing at the employer ( As a vacant position or work, the appropriate qualifications of a woman, and a vacant subordinate position or the lower job), which a woman can perform with the state of health.

Note! For a period of temporary translation, the employer at the time of temporary work concludes an urgent employment contract with an athlete. If, after the expiration, the athlete continues to work at the employer at the time of temporary work and neither an athlete nor the employer at the time of temporary work, nor the employer with whom the employment contract initially has no discontinuation of the employment contract concluded for the period of temporary translation, the initially prisoner The agreement is terminated and the Agreement concluded for the transfer period is terminated for the period defined by the Agreement of the Parties, and in the absence of such an agreement - for an indefinite period (Article 348.4 of the Labor Code of the Russian Federation).

We believe that the term of employment contract can be extended and in other cases if necessary, since the term of the contract, as well as any other condition, can change under the Agreement of the Parties.

Nuances of urgent contract

We will not tell about the general rules for the conclusion of the employment contract, and the attention will be paid only on certain conditions, which should be formulated in the urgent labor contract.
Since the term of employment contract and the reason for its establishment should be spelled out in the contract (such as the requirement of Art. 57 of the Labor Code of the Russian Federation), it is important to correctly formulate them.
So, the best option Establishing the term of the contract will indicate specific dates of the beginning and end of work - this will allow the employee to immediately receive an idea of \u200b\u200bthe date of dismissal. But sometimes it is impossible to determine the exact date of the end of labor relations at the conclusion of an employment contract, for example, if a female worker goes on maternity leave, child care or a worker is very sick and unknown when he goes to work. In this case, the expiration date of the employment contract is not indicated, and the moment of its termination is associated with a certain event - the exit of workers from leave or from the hospital.
…
1.3. This employment contract is concluded according to Part 1 of Art. 59 of the Labor Code of the Russian Federation at the time of the fulfillment of the responsibilities of Parhomenko Elena Semenovna, which is on leave to care for the child until they reach the age of three years.
…

Setting the term, remember that in accordance with Part 1 of Art. 58 of the Labor Code of the Russian Federation the urgent employment contract may be concluded for a period of no more than five years, if a longer period is not established by the Labor Code of the Russian Federation or other federal laws.
Some explanations on the term of the contract are held in the Resolution No. 2. In particular, in accordance with paragraph 14 of the named decision at the conclusion of an urgent employment contract with persons entering the Organization, created on a deliberately certain period of time or to perform knowingly specific work (seventh paragraph Parts of the first article 59 of the Labor Code of the Russian Federation), the term of employment contract is determined by the period for which such an organization has been created.
If the urgent employment contract was concluded to perform certain work in cases where its completion cannot be determined by a specific date (paragraph 8 of Part 1 of Article 59 of the Labor Code of the Russian Federation), such a contract by v. 2 art. 79 TC RF terminated at the end of this work.

Note! When making a record for employment to the employment record, it is not necessary to indicate urgency of relationships - this is a violation of the instructions for filling the workbooks approved by the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69.

When determining the term of employment contract with persons elected to the electoral position, it should be remembered that the term of employment contract cannot be less than the deadline for which the employee is elected. Employees adopted to ensure the activities of members of elected bodies or officials of state bodies and local governments cannot be accepted for a longer election period.
And about one condition of the urgent employment contract I would like to say about the probationary period. According to Art. 70 of the Labor Code of the Russian Federation when concluding an employment contract in it, by agreement of the Parties, a condition for testing an employee may be envisaged in order to verify its compliance of the commissioned work. Moreover, this condition can be included both in a permanent and urgent employment contract. However, not all "conscripts" can be established a test. In particular, for individuals elected to the elected position on paid work, which conclude an employment contract for up to two months, the test is not established.
Recall that the test term cannot be more than three months, and for the heads of organizations and their deputies, the main accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

Note. When concluding an employment contract for a period of two to six months, the test may not exceed two weeks.

In practice, there are very often cases when there is a need to conclude an urgent employment contract instead of agreement concluded for an indefinite period of time. And what features does this contract have, and how to make it?

What it is?

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A temporary labor agreement is a contract between the employee and the employer, concluded for a certain period of time. At the same time, the law clearly provides cases and procedure for concluding such an agreement.

Normative base

• Types of contracts are described. The grounds for registration of a temporary contract are indicated in.
• The end of the time contract is regulated by clause 2 of Russia's labor legislation.
• The exclusion of the probationary period for employees hired by an urgent contract is negotiated.
• The duration of seasonal work under which the urgent contract is being described in the article, and the list of data of work, the accrual of the experience and the order of this process are listed in.

What is different from the indefinite?

Urgent contract has a certain period of time to which it lies. In an indefinite agreement, there is no duration of action.

Moreover, under the temporary contract, it indicates the reasons for the conclusion of a similar contract. A permitting contract of indication of such reasons does not require.

After all, the law states that it is desirable to conclude an indefinite agreement. The urgent contract is in cases where the conclusion of an indefinite is impossible.

Who and in what cases is?

The employment contract for a certain period is:

• with employees who arrived at the execution of seasonal works or temporary substitution (up to one year);
• when working abroad;
• with public and temporary work from the employment center;
• when appropriating the passage of alternative service and when expanding the production of the enterprise;
• when the employee is directed to internship or retraining;
• with pensioners and people with a bad health status.

Who can not fit?

The employer has the right to arrange an employee under an urgent contract only in cases where such an opportunity is provided for by the current legislation.

However, despite the presence of grounds for registration of a temporary contract, it cannot be concluded several times in a row, without providing breaks (only with similar work activities).

When pregnancy, an employee is subject to extension to the end of pregnancy - this is a mandatory legislative requirement.

Pros and cons

Below are the pros and cons of this agreement both for the employee and for the employer.

For employee

For an employee there are such advantages as:

• the presence of the same social guarantees, as well as for employees of an indefinite agreement (payment of the hospital leaf, leave, etc.);
• payment upon dismissal due to the elimination of the organization (only with the incomplete period of the contract);
• the urgent contract is only subject to a number of conditions established by law.

Minuses for employee are:

• dismissal after the expiration of the contract;
• dismissal when leaving the workplace of the main employee;
• problems for women on maternity leave, when calculating continuous experience and with a pension accrual.

For employer

The only minus for the employer in drawing up with the staff of the temporary agreement may be a pregnancy subordinate.

In this case, the termination of the term contract is not allowed or possibly only when the organization is liquidated.

The advantage of the conclusion of such a contract will be to be considered complete control over the employee and its labor activity.

Grounds for conclusion

Article 59 of the Labor Code of the Russian Federation regulates the basis of the conclusion of such an agreement.

The legislation provides for the unconditional basis for the conclusion of such an agreement. (1 part of Art. 59). But it can also be concluded by agreement of the Parties (2 part of Art. 59).

To unconditional grounds that provide for the Labor Code include:

• concluding a contract during the absence of a main employee;
• for temporary work;
• for seasonal work;
• when working abroad;
• with an increase in production volumes;
• when creating a company for a period of time with a certain period;
• when training and internships of the main employee;
• when electing on this vacancy;
• with temporary provision of the electoral body;
• when working from the employment center and with an alternative civilian service.

The grounds for the conclusion of a temporary agreement under the Agreement of the Parties include:

• work in small businesses;
• retirement age employee;
• medical restrictions and indications;
• when moving to the extreme north;
• urgent prevention of emergency;
• election to a position through the competition;
• the employee's position is related to the creative profession;
• at the conclusion of the contract with the leader, deputy, chief accountant;
• finding an employee for full-time learning;
• compactation (both with internal and external part-book).

How is the urgent employment contract in 2020?

Below is the procedure for the conclusion of an urgent employment agreement.

Order

A temporary agreement is drawn up in cases where there is no possibility to conclude an indefinite agreement with the employee. At the same time, the employer must understand that this is possible only when all the conditions of the TC are observed.

The contract can be concluded for a period of no more than five years. Extension is possible only subject to certain legislative requirements.

On what period?

Temporary agreement according to the Labor Code of the Russian Federation can be concluded:

• for a period of no more than 2 months, when performing short work (seasonal work);
• on the period limited by the work, at the same time, the end of the contract occurs at the end of the work;
• during the absence of the main employee.

Is the probationary period set?

Establishing a trial period when receiving through a temporary contract is possible only with the written consent of the employee himself.

The refusal of the employee from the trial period cannot serve as an employer's refusal in employment.

Nuances of compilation

Labor agreement must be concluded taking into account certain legislative requirements.

Form and sections

A typical temporary employment contract must include the following data:

• information about the parties that concluded it;
• subject of contract;
• the period of action of the agreement;
• probationary period or its exception;
• salary;
• working time and rest time;
• duties of the parties;
• warranties for the employee;
• social insurance.

This document should be drawn up in 2 copies, one of which remains at the employee, and the second is at the employer.

In a temporary contract, it must be specified:

• parties' data (FULL NAME, Employee passport data, Inn Employer);
• region and date of conclusion;
• name of company;
• description of the work of the employee;
• salary;
• mode of operation.

It is also obligatory to substantiate the reasons for the conclusion of a temporary agreement → the period of action of urgent relationships, etc.

Typical sample

What does such a contract look like?

Below is a sample of the form of an urgent employment contract:

Required documents

To conclude a contract, you need certain documents.

Statement

The application from the employee about the work acceptance is issued in writing.

This document is not considered to be mandatory and does not confirm the presence of labor relations between the employer and the employee.

The form of the application is not approved by law, and it can be drawn up in arbitrary form. At the end of the application, the date and signature is affixed.

Below is a sample of this document:

Order

This document is prescribed position, work date, type and conditions of activity, tariff and payment.

The order is affected by the employee's table number, based on the overall register of employees.

The position specified in the order must be identical with the post, which is listed in the employment contract. At the end of the order, the employee personally writes: "I got acquainted with the order" and puts my signature.

The compilation of the order is considered to be mandatory: without it, the reception to work is impossible.

Below is an approximate form of this document:

Recording in the employment record

The employment record when working on a temporary agreement should not differ from the record when working on an indefinite agreement.

However, the recording made by dismissal should reflect the condition of the temporary agreement of work.

Example:

Features of design for different categories of employees

The conclusion of an urgent employment contract with certain categories of citizens has its own characteristics that are presented below.

With a minor worker

When issuing an urgent contract with a minor face, whose age reaches 14 years, it is necessary to consent from one of the parents (guardian, trustee).

Labor activity should not interfere with teenage studies.

If the employee has already been 16 years old, it can be hired on a temporary agreement, with the condition of obtaining general education, or when combining studies and employment.

The employer must provide adolescent difficulty labor.

If the child was not fulfilled and 14 years old, then the conclusion of the employment contract is excluded, except for the cinema and circus.

Below is an example of an urgent employment contract concluded with minors:

During maternity leave

When admission to the work of an employee to the place of the main employee who is on maternity leave, the employer must discuss all the conditions and the period of action of a temporary employment contract.

Moreover, when extending the main employee of maternity leave is allowed to extend the term of the temporary employment contract.

A transition from the temporary contract to the permanent, with the consent of all parties to the issued labor relations is allowed.

For temporary and seasonal work

With seasonal activities, the temporary contract is concluded for a certain period.

The contract shall indicate the reasons for the conclusion of such a contract and the end of its validity period. The document is written in writing.

At the end of seasonal work, the employer notifies an employee no later than three calendar days about the end of the contract. Non-working days are considered calendar days.

Below is an example of registration of such a contract:

At the same time

The employee who has 2 jobs (main and part-time) must be at least 2 employment contracts.

An employment contract with a partover is obligatory. It should be spelled out that this activity is carried out part-time.

A temporary part-time agreement is no more than 5 years. The minimum term legislation is not established.

An entry into the labor book is made only if the employee who works in this way is designed.

It is prohibited to work part-time a person who has not reached the 18th anniversary, a municipal employee, a judge, a member of government and other similar categories (with the exception of activities in teaching and creativity).

Below is an example of this contract:

Pregnant women

A temporary contract cannot be terminated with a pregnant employee. The end of it is permissible only a week after the end of pregnancy.

Managers and Directors

The conclusion of a temporary agreement with the head of the organization is allowed only by agreement of the parties.

Pensioners

The Labor Code of the Russian Federation provides for the conclusion of an urgent contract with the person of the retirement age.

However, if such age was achieved during the actions of perpetual labor relations, the reservoir of the contract is not required.

With a foreign citizen

According to labor legislation, a temporary agreement with a foreign citizen can be concluded, and without a certain period and, regardless of the period of action for labor permit.

Attraction to the work of a foreigner is possible to achieve 18-year-old age.

The exception is highly qualified specialists in the field of trading folk and pharmaceutical goods.

Vacation

Regardless of what an agreement with the employee is concluded, he is published.

The difference can only be associated with a period of work:

• When concluding a temporary contract for a period not exceeding 6 months, the calculation is made on the basis of the conditions - two days of rest for the working month (six-day working week). Workers, festive and weekends when calculating leave are not taken into account.
• With an urgent contract concluded for seasonal work for more than 2 months, the condition for vacation changes by 2.33 days. It turns out that when calculating leave for full-time, seasonal employee is provided with full holidays with a period of 28 days.

Compensation for unused vacation is calculated on the basis of the general conditions: 2.33 days per month of employment.

Financial questions

Below are the main financial issues that may arise when concluding an urgent employment contract.

Salary

The payment of labor on an urgent contract does not differ in any way from the remuneration when concluding a standard indefinite agreement.

All tariffs are prescribed at mandatory.

Payment may occur both in cash and non-cash payment method. The type of calculation is also indicated in the relevant paragraph of the employment contract.

Hospital

Payment of the employee's sick leave under an urgent contract is considered the responsibility of the head.

If an employee has worked for more than 6 months, the hospital number is based on the standard scheme.

If, the worker arranged in a temporary agreement, worked less than 6 months, the code in the hospital sheet - 46.

The maximum of days for which in this case is charged - 75.

Compensation for unused rest days

Called for days accumulated by the employee with the observance of general conditions:

• If the spent time is not a month, but is its most part, then the calculation is made from a full month.
• If the spent time is a smaller part of the month, then during this time compensation is not accrued.

Taxation

Taxation for workers adopted in a temporary agreement is identical to the use of a single tax to employees of an indefinite agreement.

If the temporary worker has worked for an incomplete year, then a single tax less than time is applied to it when working activities have not been carried out.

The components of NDFL applies the same requirements as documents of permanent workers.

Indexing

Indexing can be established only by agreement of the parties and the responsibility of the head is not included.

If, by agreement of the parties, the indexation is provided, this item must be included in the text of the agreement.

Extension

The urgent employment contract can be extended for a new term.

Conditions

Prolongation of the temporary contract is possible in case of its design:

• with athletes;
• pregnant women;
• employees of the highest educational institution (with a winning competition for the position).

Under the proliferation of the temporary contract, the corresponding application is issued, where additional activities are indicated or a new validity period.

Despite the extension of the temporary contract, the total period cannot exceed the period of five years.

If the extension provides for a longer period, it is unacceptable. In this case, there can be only a reservoir of the document.

Order

Immediately after writing and signing an additional agreement to a temporary agreement, a corresponding order (form T1 or T1A) is published.

In this order, it is necessary to specify the period of extension.

Example:

Additional agreement

If you wish, to extend the temporary contract until the end of its term is filled with an additional agreement.

If the conditions change, then this must be prescribed in the document. It is also worth identifying the period of action of an additional agreement.

Below is an example of this document:

Termination

Termination of an urgent employment agreement should also be implemented in accordance with certain legislative requirements.

In this case, its validity period is stopped, and the employee is dismissed. In this case, the termination is possible both after the expiration of the contract and ahead of schedule.

Employee initiative

Dismissal on an urgent contract, if the employee is designed is permissible.

Through three days before the desired dismissal, the employee is obliged in writing to notify the employer about this.

For example, Antonov was hired to work on an urgent employment agreement, but after some time he received a better sentence and decided to change the work. In this case, the termination of the employment agreement is carried out on the initiative of the employee. He should only notify the employer about his intention to change the work.

Employer Initiative

The employer has the right to dismiss the employee derived from the temporary employment contract, in case of non-fulfillment of labor duties.

However, just to dismiss the employee cannot, for this, there must be causes that are provided in the legislation.

Dismissal of pregnant and Mom on vacation

The dismissal of a pregnant employee is allowed only when eliminating the organization / enterprise.

The remaining reasons for dismissal are considered invalid.

Women on child care leave can be dismissed upon the release of the main employee.

Documentary decoration

When dismissing an employee, certain documents must be compiled.

Notification

Notification of dismissal can be issued in any order. Specialist of the personnel department is transmitted directly to the employee directly.

An indication of the causes of dismissal is considered mandatory.

The notification is drawn up in two copies, one of which is transmitted to the employee, and the second employer.

Below is an example of such a notification:

Order

After signing the notification by the employee, an order is drawn up to the dismissal, which indicates the reason (termination of the term contract, non-fulfillment official duties etc.).

Below is an example of such a document:

Payments and compensation

All calculations with an employee under an urgent contract during dismissal are made according to the standard scheme.

The calculation with the dismissed employee must be produced on the last working day. On this day, he is also issued a completed workbook.

Frequently asked Questions

Below are answers to frequently asked questions regarding an urgent employment agreement.

Is translated from an indefinite to a temporary contract?

This process regulates the Labor Code of the Russian Federation.

Translation from an indefinite work mode for an urgent contract is allowed only if there is an agreement of the employee himself.

Is it possible to conclude with IP?

Yes, you can. The conclusion of an employee's temporary agreement with an individual entrepreneur is possible when complying with the standard design scheme of such an agreement.

How many times can you decumen with the same employee?

Legislation does not provide for restrictions on the number of prisoners of urgent contracts with the same employee.

However, when contacting the court, it can be recognized as indefinite.

In what cases is a medical examination require a job before going to work?

In mandatory mode, the medical examination must be:

• minors;
• workers engaged in harmful or serious production;
• food industry workers, childcare facilities, trade;
• watch workers;
• specialists aimed at work on the extreme north;
• sport workers;
• persons participating in activities when moving the train;
• employees of customs authorities;
• rescuers and judges;
• employees of educational institutions;
• medical workers.

What is better - contract contract or urgent contract?

If regular activity is assumed, it is better to conclude an employment contract. In the case when the activity is of a one-time nature, it is advisable to issue a contract.

From the above it follows that the current legislation carefully regulates not only the procedure and rules for the conclusion of an urgent employment agreement, but also the procedure for its termination.

The conclusion of the employment contract for a certain period is legitimate. But it should be remembered that this is possible not with each employee and not in all situations. What to pay attention to the employer when concluding an urgent employment contract and termination of its action?

The provisions of the Labor Code of the Russian Federation approved two groups of circumstances, allowing to conclude urgent employment contracts:

• the nature of the upcoming work or the conditions for its implementation does not allow to establish labor relations indefinitely (part 1 of article 59);
• there is an agreement of the parties to the employment contract, on the basis of which it may be concluded without taking into account the nature of the upcoming work and the conditions of its implementation (part 2 of article 59).

The reasons for the conclusion of an urgent employment contract

The employer at the conclusion of an urgent employment contract must necessarily indicate the reason for the impossibility of establishing labor relations on an ongoing basis. That is, the accepted employee should know that his work is temporary and that it can focus on legal grounds at the end of the contract expiration, even if the employer does not have complaints about the quality of duties and labor discipline.

Labor relations can not be established indefinitely

According to Part 2 of Art. 58 of the Labor Code of the Russian Federation Urgent employment contract is concluded when labor relations cannot be established for an indefinite period on the basis of the nature of the upcoming work or conditions of its implementation. By virtue of Art. 56 Code of Civil Procedure of the Russian Federation is obligation to prove the presence of circumstances making it impossible to conclude an employment contract for an indefinite period, assigned to the employer. To him in the "Tip" - part 1 of Art. 59 TK RF, where such circumstances are listed. If the possibility of concluding an urgent employment contract follows from this article, there are no grounds for indicating these reasons in the text of the employment contract. But when the urgent employment contract is concluded in the absence of sufficient grounds, it is considered to be concluded indefinitely (part 5, 6, Art. 58 of the Labor Code of the Russian Federation).

Labor relations cannot be established indefinitely in the following cases:

By agreement of the parties

Some features of the conclusion of an urgent employment contract

Pay attention to the last items of the two lists here - they mean that these lists are not closed. But, be that as it may, the possibility of concluding an emergency agreement should be spelled out in the TK RF or others, necessarily federal, laws.

When concluding an urgent employment contract, it is necessary to indicate for what reason the employer chooses exactly the form of labor relations - there must be a reference to the appropriate basis from the Labor Code of the Russian Federation or another Federal Law. It is important to specify the term of the contract (specific date or onset of a certain event). All this is spelled out in Art. 57 TK RF.

The maximum term for the conclusion of an urgent employment contract - five years, unless the TC of the Russian Federation and other federal laws are not established (Art. 58 of the Labor Code of the Russian Federation).

According to paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, the foundation of the termination of the employment contract is the expiration of its term (Art. 79 of the Labor Code of the Russian Federation).

Causes of termination of an urgent employment contractnamed in Art. 79:

• expiration of the contract;
• completion of work, for which the contract was concluded;
• way to work a person whose duties are temporarily executed;
• completion of the execution season of contractual work.

An employer should warn an employee in writing in writing at least three calendar days before dismissal (the requirement does not apply to the obligations of temporarily absent employees).

The effect of an urgent employment contract is terminated:

• if none of the parties demanded its termination due to the expiration of the term;
• if the employee continues to work after the expiration of the employment contract.

However, as already mentioned, in this case the employee does not dismiss, but translates to a permanent job. Duplication makes changes to the employment contract. It should be noted that in the Labor Code of the Russian Federation, it is not mentioned about the appropriate supplementation, but Rostrud advises such a document to issue. But you do not need to make any entry into the workbook.

Termination of an urgent employment contract

Problems when dismissing "conscripts"

It is beneficial to the employer to conclude urgent employment contracts, and the employee is not very. This form of legal relations avoids the complex procedure for the dismissal of a dismissal employee. A person who understands that can lose his job, more correctly and dilon.

Although the legislation establishes restrictions for urgent labor contracts, the practice shows that, firstly, the restrictions are not always interpreted properly, and secondly, not always performed. Consider some controversial situations.

The head signed supplies to the urgent employment contract, extending its functions for another three years. Thus, the total time to find the post exceeded five years. Is it possible to assume that the employment contract was indefinite?

Support, stipulating, including the deadline for the execution of the responsibilities of the head, is a new urgent employment contract. Accordingly, labor relations are still urgent. We will analyze this situation on the example of the appellate definition of the Supreme Court of the Republic of Mordovia dated January 16, 2014 in case No. 33-91 / 2014.

The director of the school, dismissed on the ground, provided for by paragraph 2 of Part 1 of Art. 77 TK RF (expiration of the employment contract), appealed to the court. Disagreement with the decision of the employer, the plaintiff motivated the fact that the term of its contract exceeded the permissible five years - labor relations should be recognized as indefinite. Urgent contract with the head educational institution 01.09.2007 was concluded, its validity period was over 08/31/2010. The day after the end of the Treaty - 01.09.2010 - an additional application was signed, establishing new terms of the employment contract - until 02.09.2013. The plaintiff considered that the add-building was drawn up and signed after the expiration of the employment contract, during which changes could be made, that is, when labor relations have lost an urgent nature. Supportation is not a newly concluded urgent employment contract, since there was no orders for dismissal after 08/31/2010, as well as orders for employment on a newly concluded agreement dated September 1, 2010, the corresponding records in the employment record were not introduced. The position of the director of the plaintiff held more than five years (from 2007 to 2013), which does not allow to qualify such relationships as urgent.

The courts refused to satisfy the requirements, motivating their decision as follows. Support, in fact, is a newly concluded employment contract, not a continuation of the previous document. The action of the first employment contract in 2013 ended, so it became necessary to issue labor relations re-on.

How many times can an employment contract be concluded with the same employee?

A new urgent employment contract immediately after the termination of the previous one can enter into an unlimited number of times with the employee - there are no restrictions on the legislation. But if the court establishes a multiple extension of contractual relations with an employee who performs the same function - the contract may recognize indefinitely.

Take as an example the appellate definition of the Sverdlovsk Regional Court of 19.03.2015 in case No. 33-4662 / 2015. The sector's deputy officer was hired on the basis of an indefinite employment contract. Subsequently, the employment of labor relations was recognized as urgent, and the position was renamed without changing the labor function.

The procedure for dismissal on the basis of paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation with further registration of new urgent relations passed several times, up to the final dismissal. The court ordered to restore the plaintiff in his position, motivating the decision as follows.

The urgent employment contract is only if labor relations cannot be established for an indefinite period, taking into account the nature of the upcoming work or the conditions for its implementation.

The court indicated that labor relations were established between the parties indefinitely, the employer had no reason to transform this employment contract to the urgent basis on the basis of an additional. And the appointment of the term cannot be considered as a change in the working contract defined by the parties, since the term refers to a visual basis.

Labor functions of the employee did not change, the labor relations were not formally interrupted.

The arguments of the employer that urgent employment contracts were concluded by agreement of the parties, the court was insufficient to conclude that the possibility of concluding urgent labor contracts by virtue of the direct indication of the law. The employer did not give the specific reasons for the conclusion of such contracts, but not provided for by the law to establish urgent labor relations with the employee did not exist.

The employer forced an employee to conclude an urgent employment contract. Can the court legalize perpetual labor relations?

The answer to this question will be the legal position of the CS RF, set forth in the definition of 15.05.2007 No. 378-O-P, which is that the urgent employment contract is based on the voluntary consent of the employee and the employer, but if consent to the conclusion of the contract was given An employee is forced, he has the right to challenge the legality of the conclusion of an urgent employment contract with him. It should be noted that, indicating the circumstances of the signing of the document, the employee should lead evidence of coercion, and the employer, on the contrary, is voluntary.

Logic suggests that no worker on his own initiative will change indefinite labor relations on urgent. However, the courts are important evidence, and with them most dismissed problems.

The courts, considering such disputes, as a rule, are guided by the principle of voluntary - if the urgent employment contract has signed an employee, it means that he agreed with its terms. The appeal definition of the Sverdlovsk Regional Court in case No. 33-4662 / 2015, considered by us above, is rather an exception to the rules. But a typical example is the appellate definition of the Supreme Court of the Republic of Tatarstan dated December 1, 2014 in case No. 33-16227 / 2014. With the director of the Children's Center, the urgent employment contract was concluded, which testified - the work is not temporary. The terms of the contracts were similar, the functions and responsibilities of the head throughout the entire time did not change. The courts indicated that the employee's signature in urgent labor contracts testifies to their voluntary conclusion.

An example of a situation where there are no evidence of coercion to sign several consecutive term contracts with further dismissal, it is also determined by the definition of the Perm Regional Court of 30.09.2014 in case No. 33-8619.

In 1999, the head of the theater was accepted on a permanent job after the translation from the edge administration's office. After some time, the employment contract concluded with him was retracted to urgent. Labor relations have repeatedly renewed after the expiration of the next contract. When the employer did not propose another urgent agreement on the signature, a dismissed employee appealed to the court, demanding to recognize labor relations indefinitely. However, the court of first instance, and then the appellate commission fell on the side of the employer, indicating that the employee signed the contracts voluntarily.

In accordance with Part 2 of Art. 58 Tk of the Russian Federation in cases provided for in Part 2 of Art. 59 of the Labor Code of the Russian Federation, the urgent employment contract can be declared legitimate if there was an agreement of the parties, that is, if the consent of the employee was given voluntarily. Courts qualified as consent to the existence of an employee's signature at such a contract. The materials of the case confirmed the voluntary will of the employee regarding the termination of an indefinite employment contract with the transition to urgent.

If the employee argues that the employer forced it to sign the document, this circumstance is subject to verification and the obligation to prove its presence is assigned to the employee. In other words, the employee must submit evidence of the emergence of the causal relationship between the actions of the employer and the forced signing of an urgent contract, convince the court that the employer acted intentionally. For example, the presence of conflict relationships between the employee and the employer in itself cannot be unconditional and sufficient evidence of the provision of psychological pressure on the will of the employee. Need "direct evidence".

The question arises: what evidence is required to recognize the urgent employment contract by prisoners (that is, signed) forced? Perhaps complaints about the employment instance? However, not every "conspicent", depending, in fact, from good relationship with the employer, will risk contacting the control body with a complaint that it was forced to sign an unwanted document. Another option - the testimony of witnesses, which, as a rule, are employees of the same organization and are unlikely to want to oppose their superiors (although it is the words of witnesses proving that the document was signed under the pressure of the employer, influenced the imposition of the Voronezh Regional Court of Defencing of 25.01 .2011 № 33-340 about illegal dismissal).

Proof may be audio recording, which recorded not only the fact of pressure provided to an employee when signing the contract, but also allowing identification of the individuals of the participants of the procedure, a place and time of action. As you understand, few workers boast of such "trumps". The study of judicial practice forces to state that the employees are mainly losing claims - the employer has formal grounds for the conclusion of urgent labor contracts.

When concluding an urgent employment contract, an employee was misled. Is it possible through the court to retrain labor relations in perpetual?

If an employee can prove that he was misled, an urgent employment contract could be retracted to a permanent. The complexity in this situation is the unlikely to have evidence. After all, for the approval of the employee, that his simplicity was simply deceived, the employer could provide an urgent employment contract, voluntarily signed by its participants. According to Art. 59 TC RF, one of the main conditions for the conclusion of an urgent employment contract is the part of the parties. Does judicial practice know examples when urgent contracts with misled workers were revised? Knows But in these cases, the decisive argument, as a rule, was not the hope of a deceived plaintiff on the mercy of the judges, but the fact that the list of grounds for the conclusion of an urgent employment contract is not subject to exhaustive and expansion. If there is no basis for the conclusion of such a contract in the list, the dismissed worker can win the case. If there is a reason, the chances of winning are significantly reduced. Consider two court decisionswhere "conscients" believed that they were misled. In the first case, the statement of the municipal institution was filed for the protection of labor rights, in the second - the guard of the private enterprise. The arguments of the plaintiffs that they were misled for the extension of labor relations under this post in the future, did not mean the achievement of the Agreement on the conclusion of an urgent contract, as evidenced by their signatures in the contract containing the appropriate condition. But with the heads of organizations, the urgent employment contract may be concluded under the agreement of the parties, but the profession of the guard in the list does not mean. Therefore, by the decision of the court, the guard at work was restored, and the leader is not.

In conclusion, we again pay attention that the promises of the employer at the conclusion of an urgent employment contract to "be always together" are simply words that have no legal force if the grounds for entering into an urgent contract are legalized. To protect yourself in the future and confirm that the signing of the document is a forced action, the employee may apply for a consultation in the labor inspection "while the thunder did not hit." The specialist will tell you what to do in a specific situation.

For example, the conclusion of a contract with a person undergoing sports training on the basis of paragraph 8 of Art. 34.2 of the Federal Law of 04.12.2007 No. 329-FZ "On physical culture And sports in the Russian Federation. "

Part 2 Art. 59 TK RF.

The list of professions and positions of creative workers, app. Decree of the Government of the Russian Federation of 28.04.2007 No. 252.

For example, paragraph 2 of Art. 25.1 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" stipulates the peculiarities of achieving civil servants to stay in the service.

Part 4 Art. 58 TK RF.

Letter Rostrud dated November 20, 2006 No. 1904-6-1.

Paragraph 4 of paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 "On the applications of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as the decision of the Armed Forces of the Russian Federation No. 2).

The provisions of the current legislation for the employer establishes the need to sign an employment agreement with each employee adopted. From how correctly this document is issued, it depends, whether there will be any misunderstandings and problems between the parties. The conclusion of an employment agreement provides for a number of important nuances, among whom, in particular, and the period of time to which the said Agreement lies. So, consider the question of how the employment contract may be for how long.

Terms of conclusion of the employment contract

• indefinitely;
• for a certain period, the duration of which can not be more than five years (labor urgent contract).

In case the contract has not stipulated in the contract, it should be considered that it was concluded for an indefinite period. In a situation, when none of the parties put forward the requirement to terminate the contract due to the fact that its validity period is over, and the employee continues to conduct its work, the condition of urgency of the contract is lost and the agreement is automatically deemed to be executed for an indefinite period of time.

Type is carried out solely in the order and cases provided for by the provisions of Art. 59 TK RF. In more detail about how the term is the urgent employment contract, will be discussed below.

Contract for an indefinite term

Considering the question of how employment contract may be to emphasize, it is worth emphasizing that the labor contract, which is drawning on is the most common variety of employment agreements. This situation is caused by the fact that the overwhelming majority of species of modern work can with a high degree of efficiency are governed by the standard provisions of such a contract.

If it is assumed that the contract is issued for an indefinite period, then it should contain such provisions as:

• the conditions under which the contract can be terminated;
• direct order and required termination conditions;
• time intervals during which the parties should be notified of the termination of the contract;
• the procedure and conditions for the accrual of the employee of the final payments;
• the procedure for receiving / transmitting matsiness (if necessary);
• procedure for reporting (if necessary).

In all other things, such an agreement must respond general rules Registration of employment contracts and contain standard conditions.

Contract for a certain period

The contract, issued on a certain period, is called urgent. As a rule, such contracts are concluded in cases where:

• this is necessary due to the nature of the work and the specific conditions for its implementation;
• this is stipulated by the appropriate agreement concluded between the parties.

Disassembled the question of how long the employment contract can be concluded with an employee, it should be noted that the labor legislation is established an exhaustive list of grounds for the conclusion of an urgent contract. How to read fixed in Art. 58 TC positions, a labor contract, decorated for a certain period without any reason for this reason, should be considered issued indefinitely.

In practical activities, contracts are the most common from the above grounds:

• for the period of the execution of the employment duties of the employee who is absent, but the place of which is preserved;
• having a temporary character and lasting no more than two months;
• on seasonal type;
• with leaders, substituents of the latter, as well as the main accountants;
• when working, assumed by compatibility;
• with working retirees.

Expiration of the urgent contract

As it is established fixed in the provisions, an urgent work contract is subject to termination after the end of the period of its action. An employee must be informed about the occurrence of this event to be informed by a special written notice that is sent by the employer three days before future dismissal.

The legislation also defines such features of the expiration of the term contract, as:

• the contract concluded for the period of execution of any particular work is terminated after the said work will be completed;
• the contract concluded for the period of execution of the employee's responsibilities, which is absent, stops after the latter again proceeds to the execution of its duties;
• the contract concluded for the period of the work of the seasonal type is terminated at the end of the same period.

Labor contract for probation

Considering the question of how long the employment contract may be concluded for a trial period, it should be noted that the labor legislation does not provide for specific rules, in accordance with which the employee should be accepted for work involving the presence of a trial period.

This right is delegated to the employer and, accordingly, is governed by various regulatory acts of a local nature - orders for personnel, staff schedule, etc. Basically, the reception of employees to work with a trial period is practiced in various state and municipal organizations. In the Organizations of the Commercial Directivity, the probationary period is used, as a rule, to employees who do not have experience in the specialty.

It should be noted that in the standard labor contract to work with a trial period must be contained the necessary conditions, as:

• the duration of the trial period;
• the procedure for passing the test;
• terms of payment for labor activities in this period;
• conditions and procedure for termination of the contract due to non-proliferation of the probationary period.

Employment contract with the head

Considering the features of the design of employment contracts, it is worth paying attention to such a question: for how long does an employment contract be concluded with the head of the institution?

The provisions of labor and civil legislation allowed the possibility of imprisonment with the head of both an urgent labor contract and the contract for an indefinite period.

The urgent employment contract lies in the event that the organization's constituent documents recorded the term of office. In addition, the urgent contract may be concluded in such cases when:

• in deciding on the appointment or election of a subject, the term of this purpose is specified;
• there is an agreement between the organization and its leader, concluded for a certain period.

Exploring the question of how long the employment contract can be concluded with the leader, it is necessary to keep in mind that since, according to the legislative terms (Article 58 of the TC), the duration of the term agreement cannot be more than five years, then, accordingly, the period of the authority of the head is not May last longer than the specified period.

Collective agreement

Exploring the question for how long the employment contract can be to be, it is necessary to mention such a concept as a collective agreement. Legislation will determine this document as concluded by the employer and employees (in the person of their representatives), the regulatory act, through which the regulation of socio-labor relations in the organization is being regulated.

The parties define the structure of a collective agreement and its content, which includes, in particular, issues such as:

• forms, system and wage system;
• guarantees and benefits to employees;
• other issues established by the parties.

Legislative provisions (Art. 43 of the TC) are established for what time a collective employment contract is concluded. In accordance with these provisions, a collective agreement may be for the period, the duration of which does not exceed three years. The callery enters into its strength from the moment when the parties signed it, or from the moment of the agreed in the collective agreement.

Labor contract in Russian Railways

If we talk about, in Russian Railways, it is necessary to understand that labor legal relations in Russian Railways are regulated by the provisions of the current labor legislation. Accordingly, the conclusion of employment contracts both with the guidelines and ordinary employees of this organization is carried out in accordance with the provisions of Art. 58 Taking into account the specifics of the direct labor activity of a particular employee.

conclusions

So, based on the foregoing, it can be stated that in the bulk of the standard employment contracts are concluded for an indefinite period. The design of labor contracts for any particular period can be carried out exclusively on the grounds defined by the provisions of labor legislation. This way, if in the employment contract, the deadlines and the basis of establishing such a period are not specified, then this contract is regarded as a prisoner for an indefinite period of time.