What forms of employment contracts exist. Classification of employment contracts by type

What are the types of employment contracts?

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

Labor legislation establishes only two types of employment contracts:

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

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

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

These include:

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

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

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

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

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

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

How are the types of employment contracts distinguished by duration?

A fixed-term contract is concluded in two cases:

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

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

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

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

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

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

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

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

How certain types of contracts are reclassified in labor law

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

Reasons for retraining

Careless design.
Violation of labor laws when concluding a contract.
Mutual decision of the parties.

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

Additional agreement on requalification of a fixed-term contract

An employment contract is an important document that cannot tolerate negligence. Clearly state the conditions taking into account the type and duration of the contract, due to the employee guarantees and benefits, features of the assigned work. If you hire a temporary or seasonal employee, check the provisions of Article 59 of the Labor Code of the Russian Federation to avoid litigation and retraining.

An employment contract is a document that establishes a legal relationship between an employee and an employer. There are several types of employment contracts that can be grouped according to a general principle:

According to its validity period;
By the nature of the labor relationship;
By type of employer;
According to the legal status of the employee;
By the nature of working conditions

Based on the duration and nature of the employment relationship, these are the main types of employment contracts distinguished in labor law.

The duration of an employment contract can be:

The contract is not concluded for an indefinite period - that is, the contract does not have a specific duration. This type of agreement occurs most often in practice. This is what is involved in performing most job duties;
Prisoner for a term of no more than 5 years. This is a fixed-term contract, and it is concluded when the relationship between the employer and employee is temporary.

In Art. 59 of the Labor Code of the Russian Federation lists cases when only a fixed-term contract can be concluded. For example, if an employee is hired to perform a certain amount of work or temporarily replaces a woman who is on maternity leave. The validity period of the contract is an additional condition for its conclusion. If it is not specified, then the contract is considered concluded for an indefinite period. If the terms of the contract have expired, then this is grounds for its termination.
Depending on the nature of the labor relationship, employment contracts are:

At the main place of work;
At the same time. Part-time work is regulated by Chapter 44 of the Labor Code of the Russian Federation. Part-time work is impossible without concluding an employment contract. This is the main condition for performing such work.
For temporary work. Such an agreement is concluded if the nature and specifics of the work require its completion for a period of up to 2 months. An example of such work could be replacing an employee on sick leave. The performance of such work is regulated by Chapter 45 of the Labor Code of the Russian Federation.
Upon completion seasonal work. Seasonal work is work that can only be performed during a certain season. For example, harvesting. The performance of seasonal work, as well as the procedure for concluding such an employment contract, is regulated by Chapter 46 of the Labor Code of the Russian Federation.
For home work. This type of labor relations is regulated by Chapter 49 of the Labor Code of the Russian Federation;
For performing state (municipal) service. This type of employment contract is not regulated by the Labor Code of the Russian Federation. It is regulated by special laws regulating state and municipal service.

Employment contracts are distinguished by type of employer:

For an employer who is an individual, this type of labor relationship is regulated by Chapter 48 of the Labor Code of the Russian Federation. In this case, the employer is an individual without registration of individual entrepreneurship. We are talking about the work of nannies, gardeners and other service personnel;
The employer is an organization. Such employers include both legal entities and individual entrepreneurs.

Depending on the features legal status employee, employment contracts can be divided into:

Prisoners with persons who have not reached the age of majority;
A prisoner with persons who have family responsibilities;
Prisoners with foreign citizens;
Prisoners with stateless persons.

Depending on the nature of working conditions, employment contracts are:

Under normal working conditions;
When working at night;
In difficult working conditions climatic zones. Such zones include regions of the Far North, and territories that are equated to them at the legislative level;
In working conditions in harmful and dangerous conditions.

Types of employment contracts.

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

For undefined period;

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

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

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

And it should be borne in mind that in the cases provided for in part two of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can only be concluded by agreement of the parties to the employment contract. This means that the employer’s refusal to hire because the employee wants to sign a contract for an indefinite period will be unlawful if it is not based on the employee’s business and professional qualities, and he can check this during the probationary period.

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

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

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

employment contract at the main place of work;

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

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

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

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

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

contract on state (municipal) service.

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

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

military personnel in the performance of military service duties;

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

persons working on the basis of civil contracts;

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

Classification and types of employment contracts

Types of employment contracts depending on their duration

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

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

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

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

Types of employment contracts depending on the volume of work performed

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

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

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

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

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

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

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

employers - individuals.

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

with persons under 18 years of age;

persons performing family responsibilities;

foreign citizens and stateless persons.

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

about work under normal (ordinary) conditions;

work at night;

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

work in special climatic zones.

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Types of employment contracts by duration

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

21. Types of employment contracts by duration

Employment contracts can be concluded

1) For undefined period;

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

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

An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

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

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

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

22. Conclusion of an employment contract

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

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

Employment contracts can be concluded

1) For undefined period;

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

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

An employment contract concluded for a specific period in the absence of sufficient grounds established by the court is considered concluded for an indefinite period.

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

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

22. Conclusion of an employment contract

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

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

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

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

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

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

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

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

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

An employment contract formalizes the legally mutual rights and obligations of the employee and the employer. When a new employee starts work, an employment contract must be drawn up with the new employee, based on the provisions of current legislation. In relation to such agreements, there is a certain list of rules regarding the completion and conclusion of this document.

The main characteristic features of labor relations

The main feature of TD is obligatory observance of its form. Such a document must be drawn up in written format immediately in duplicate. Each copy must be signed by the participants in the labor relationship (employer and employee).

Also in the process of concluding the document it is important to indicate everything important aspects : place of work, job responsibilities, wage conditions, start date, and end date work activity in case of concluding a temporary employment agreement. If the document does not indicate at least one of these points, it will be considered, from a legal point of view, illegitimate.

In addition, it should be noted that There is no single standard work contract. Such a document is drawn up in free form. In this case, there is a list of aspects that must be observed. This list is determined by Article 57 of the Labor Code of the Russian Federation.

Types of contracts by duration

Within the framework of Article 58 of the current Labor Code of the Russian Federation, it is provided possibility of concluding two types of working agreements, which differ from each other in duration of action.

The first type of such contracts are unlimited, What compiled for an indefinite period. Another contract format is temporary contract. Such a document is drawn up between the person providing the work and the employee for a limited time, which cannot exceed 5 years. Article 58 of the Labor Code of the Russian Federation, while providing the opportunity to conclude fixed-term contracts, imposes some restrictions in relation to them.

For example, a work contract with a certain period of legitimacy in the absence of compelling reasons, which is established by the bodies of supervision and control over compliance with the provisions of labor legislation, will have the status of a prisoner for an indefinite period. The current law directly prohibits employers from drawing up and executing a fixed-term contract with an employee, for the employer’s selfish purpose and without good reason, without providing the employee with legal guarantees.

An urgent employment document is concluded only in the case when, due to the specifics of working with an employee It is not possible to draw up a contract for an indefinite period of validity. Most often this concerns work on a construction site. The basis for termination of a temporary contract is its expiration date.

It is worth noting that if both parties to this agreement do not require its termination after the end of its validity, it will be automatically extended and will receive the status of a contract with an indefinite duration.

The main differences between the two types

The main difference between a fixed-term agreement and an open-ended one is that a TD with a validity period can only be made for a specific time, after which it may automatically cease to operate. At the same time, permanent TD is not limited to any chronological framework.

For the duration of the validity of the TD of an urgent nature, the employees who signed such a document current labor legislation applies, which works for employees working under an open-ended agreement.

Key aspects regarding working agreements:

According to the first part of Article 58 of the Labor Code of the Russian Federation, the conclusion of working agreements is allowed for both a limited and an indefinite period;
a contract drawn up with a certain period of legitimacy is fixed-term. at the same time, such a contract must clearly state the fact that it is urgent;
a fixed-term contract can be concluded only if there are compelling reasons;
The duration of a fixed-term work agreement cannot exceed 5 years.

The duration of a fixed-term employment agreement is determined by the following factors:

inconsistent period of action;
the end date at the end of which the agreement is automatically terminated;
the occurrence of an event that terminates the contract (a previously ill employee returning to work or a woman on maternity leave).

It is worth noting that the fact of expiration of the employment contract is as a basis for its termination. This is provided for in paragraph 2 of the first part of Article 77 of the Labor Code of the Russian Federation.

Employees who have signed a fixed-term employment document have the same rights as employees working under open-ended contracts. This means that such employees may require annual paid leave, as well as financial benefits when taking sick leave.

Certain features of labor relations are determined in relation to employees working on seasonal jobs, as well as for those citizens who sign the TD, lasting up to two months. The employer of such people must pay financial compensation as vacation pay based on pay for two working days per month. In other situations, citizens working under fixed-term work contracts have exactly the same rights as people who have signed an open-ended contract.

We can conclude that the only significant difference between a fixed-term contract and an open-ended one is the fact that it is valid for a certain time period, after which such a contract can be automatically terminated.

How can a fixed-term TD become permanent?

Opportunity turning a temporary agreement into a permanent one directly depends on the employer’s desire to continue cooperation with the employee after the expiration of the temporary contract.

With the mutual consent of both parties to the labor relationship, it is possible to continue cooperation after the expiration of the urgent TD, a new one of an indefinite nature can be drawn up. In addition, current legislation regulates that upon expiration of the urgent it can be made permanent in the event that the employer and the employee themselves do not express a desire to terminate the employment relationship. This will apply even to those cases where the fixed-term contract was not terminated by the parties due to a simple oversight.

If the employer and employee express a desire to continue working, although the urgent document has already expired, then they can draw up an additional contract, which will stipulate the fact that a previously concluded temporary document becomes indefinite. This step will help to avoid future legal conflicts and misunderstandings between all parties involved in signing the TD. It is worth considering that the head of the enterprise must issue an appropriate decree on transferring the employee to permanent work.

Also, if, after the expiration of the contract, neither party has expressed a desire to terminate it, then the contract acquires the status of an unlimited term.

Termination procedure

Depending on the type of working document, the procedure for its termination varies. In the case of a temporary type of labor contract, the working relationship between the employee and his employer will be automatically terminated upon expiration of the validity period of such document. In this case, the employer will have to warn his subordinate that after 3 days the employment relationship will be terminated.

In order for an employer to unilaterally terminate an employment contract of an open-ended type you will need to provide compelling arguments. If the initiative to stop TD comes directly from the employee himself, then he It will be enough to write a corresponding application addressed to your boss two weeks before leaving work. At the same time, he will have to work these two weeks to allow the employer to find a replacement for him.

Regardless of the form and type of working relationship between the parties to the employment contract, the employer and the employee himself must comply with the rules and regulations specified in the current Labor Code of the Russian Federation. This will help avoid problems and misunderstandings, as well as eliminate the possibility of penalties from government regulatory authorities.

This video contains Additional Information about fixed-term contracts.

Types of employment contracts. Features of certain types of contracts.

Types of employment contracts. The legislator divides all employment contracts into three types according to the duration of their validity (Article 17 of the Labor Code of the Russian Federation):

contract with an indefinite duration;
fixed-term contract concluded for a period of no more than five years;
a contract for the duration of a specific job. The latter type of contract is also limited in duration, but this time is limited not by a calendar period, as in a fixed-term contract, but by the time of completion of a certain job (seasonal, temporary, etc.).

However, this classification does not yet reflect the features of all types of employment contracts, and these features exist both in the order of conclusion and in the content various types contracts And there is no single criterion for classifying employment contracts. Each of these types of contracts can in turn be divided according to the peculiarities of the procedure for their conclusion and content into the following types.

Contract with an indefinite duration is:

ordinary, when, as a rule, the parties determine the place of work, the labor function of the employee, and in many (previously indicated) cases, the amount of wages; such an agreement is concluded in most cases;
a contract, which may be for an indefinite period, but, as a rule, it refers to fixed-term contracts;
with the stated period for training by a young worker and a young specialist in the direction upon completion of studies in vocational schools, in higher and secondary vocational educational institutions;
accepted by competition;
on combining professions;
with a freelance worker;
about home work.

Fixed-term employment contract is:

Contract;
according to organized recruitment;
for work in the Far North or equivalent areas;
for any specific calendar year not exceeding five years (for example, during a long-term vacation of a permanent employee in connection with maternity leave and child care up to one and a half years, you can hire an employee under a fixed-term contract, or under a contract for a specific job;
for industrial training or apprenticeship for a period of at least six months, which is then transformed into a regular contract with an indefinite period;
with the head of the organization for a period determined by the charter of this organization.

But a fixed-term contract cannot always be concluded, but only if it is impossible to conclude an agreement with an indefinite period, taking into account the nature or conditions of the upcoming work, the interests of the employee and when the law directly provides for the conclusion of a fixed-term contract (Part 2 of Article 17 of the Labor Code of the Russian Federation). Thus, the Law “On Education” directly provided for the conclusion of a contract with teachers for a period of five years, the same with civil servants, with heads of organizations and other employees.

Contract for the duration of certain work limited in time by the nature and volume of work. It can be of three types:

temporary work agreement;
seasonal work agreement;
a contract for certain other work (except temporary and seasonal), which, by its nature and scope, must end with its completion.

Let us consider the features of the previously mentioned individual types of employment contracts. And let's start with the contract and civil servant agreement as new types of employment contracts.

A contract is a new special type of employment contract. IN new edition The Labor Code of the Russian Federation, wherever an employment contract is discussed, the contract is indicated in brackets. It was previously emphasized that a contract is a new type of employment contract, born in the transition period to market relations.

It was first introduced in 1991 by the now repealed Law of the RSFSR “On Enterprises and Entrepreneurial Activities”, which provided in Art. 31 that when appointing or electing the head of an enterprise, a contract (agreement) is concluded with him, which defines the rights, duties and responsibilities of the head of the enterprise to the owner of the property and labor collective, terms of payment for his work, contract term, conditions for release from his position. The terms of this contract must be agreed upon with the workforce. Thus, the legislator has defined here the content of the direct terms of the contract, negotiated by the parties, much broader than it was in a regular employment contract, including in them conditions on responsibility and the possibility of additional grounds for dismissal from the position of the head of a state or municipal enterprise, in the presence of which he is dismissed under p. 4 tbsp. 254 Labor Code, i.e. according to “stipulated by the contract concluded with the head of the enterprise.” Then contracts began to be concluded with other categories of workers (creative workers, specialists from television and radio companies, workers in education, healthcare, sports, etc.). The essence of the contract consists in a broader content of the immediate conditions agreed upon by the parties, which should not, however, worsen the position of the employee compared to labor legislation. Thus, labor legislation determined with whom a contract must be concluded.

Contract- this is a special type of employment contract concluded in accordance with special legislation on this between the employee and the employer, which contains a wide range. conditions agreed directly by the parties, including on issues of labor organization, its stimulation, social security, liability, etc. The legal nature of the contract is different for two categories of workers: in some cases, concluding an agreement upon hiring is an obligation for a number of officials, and in others - a subjective right implemented by agreement between the employee and the employer, when both parties have the right to the type of employment contract. Now there are several sample contract forms (for heads of organizations, etc.) that facilitate its conclusion. Sample forms are purely advisory in nature and allow the parties to more successfully and quickly agree most conditions, individualize the contract.

Thus, there are Recommendations of the Committee on Higher Education dated November 10, 1992 on the contractual form of concluding an employment agreement with the teaching staff of a state educational institution (unit) and an approximate form of the contract attached to them. Such a contract is concluded in accordance with paragraph 2 (of the Law of the Russian Federation “On Education” with newly admitted employees, and with teaching staff and scientists respectively, upon expiration of their five-year period of competitive election or certification. The contract is usually concluded for a period of five years. And although in the Labor Code of the Russian Federation it is placed in brackets next to the employment contract, this does not give the right to claim that they are synonyms. An employment contract is a broad generic concept, and a contract is its specific part.

Employment contract for a civil servant has many features in accordance with the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation” dated July 31, 1995. These features are present in admission to the civil service, its passage and dismissal. It provided for both a number of exemptions and a number of labor benefits for civil servants compared to general labor legislation.

A public position is a position in federal authorities, authorities of constituent entities of the Russian Federation, as well as in other government agencies created in accordance with the Constitution of the Russian Federation, with established responsibilities for the execution and provision of the powers and activities of this body.

The law divided all government positions into three categories: A, B and C.

To category A include the highest government positions established by the Constitution of the Russian Federation, federal laws, constitutions and charters of the constituent entities of the Russian Federation (president, prime minister, ministers, heads of chambers Federal Assembly and the same positions and heads of administrations in the constituent entities of the Russian Federation, judges, deputies, etc.). Their salaries are determined by federal laws and laws of the constituent entities of the Russian Federation.

The list of government positions of all three categories is indicated in the Register of Public Positions. By rank they are classified into 5 groups: senior (5th group), main (4th group), leading (3rd group), senior (2nd group) and junior (1st group).

Civil servant called an employee holding a public position.

They are accepted by competition or appointment. The trial period for taking them can be set from 3 to 6 months. Their labor contract is limited to the age of 60 years. Citizens of Russia who are at least 18 years old, speak the state language, have professional education that meets the requirements, have the right to enter the civil service. established by law for government employees. Citizens who have been recognized by a court as incompetent or partially capable, who have been deprived by a court of the right to hold public office, in the case of a disease that prevents the performance of the position of a civil servant, or refusal of the procedure for obtaining access to information constituting state or other protected by law cannot be accepted and remain in the public service. secret, refusal to provide information specified in Art. 12 of the Law. And this article provides information about income, property status, etc. Upon admission, a citizen submits a number of documents, including information about his state of health. Occupation of a public office of category A is limited to the period of election or appointment to the corresponding position. In general, an employment contract for a civil servant is concluded for an indefinite period or for a period of no more than five years. This agreement includes the citizen’s obligation to ensure compliance with the Constitution of the Russian Federation and federal laws in the interests of Russian citizens.

Entry into the civil service is formalized by an order issued by a state body on appointment to a public position. Such an appointment is made for category B - upon the proposal of the relevant persons of category A, for positions of the 1st group, category B - by the relevant official, for positions of the 4th and 5th groups of category B - based on the results of the competition.

To determine the level of professional training, suitability for the position held and to assign a qualification category, civil servants are certified at least once every four years and no more than once every two years in the manner established by federal laws and the laws of the constituent entities of the Russian Federation.

A civil servant does not have the right to: engage in other paid activities (except for teaching, scientific and other creative work), be a deputy, engage entrepreneurial activity, be a member of the governing body commercial organization, take part in strikes. It also has other restrictions provided for in Art. 11 of the Law on Civil Service. But it has a number of vacation benefits, including additional leave for length of service; it is also possible to leave without pay for up to one year, benefits in wages and on other issues.

The law provided for the basic rights and obligations of a civil servant, disciplinary measures, including a warning about incomplete official compliance and removal to a lower position. Civil servants are assigned the following ranks: for the highest positions - actual state adviser of the Russian Federation, for the main ones - state councilor, for the leading ones - state adviser of the 1st, 2nd and 3rd classes, for senior positions - civil service adviser of the 1st, 2nd and 3rd classes, and for juniors - civil service assistant 1st, 2nd and 3rd class. The Law (Article 25) established additional grounds for dismissal for them: retirement, reaching the age limit for holding a public position, termination of Russian citizenship, non-compliance with the duties and restrictions established by this Law, disclosure of state or other secrets protected by law, the emergence of those provided for in Art. . 21 of the Law of Restrictions. Extension of stay in the civil service of a person who has reached the age of ___ years can be only one-time for no more than a year. After reaching 65 years of age, a civil servant can continue to work in government bodies under the terms of a fixed-term employment contract.

The features of the employment contract of judges are determined by the Law of the Russian Federation “On the Status of Judges in the Russian Federation” of June 26, 1992. It established the age for a judge - not younger than 25 years, the position of a judge is lifelong, since judges are irremovable, unless otherwise provided by law. Their powers may be suspended or terminated on general or additional grounds established in this Law, which will be discussed further in the paragraph on dismissals. They also have a number of restrictions (you cannot engage in business, etc.) and a number of labor benefits under this Law.

Heads of administrations in the executive branch also belong to civil servants. The head of the administration of a constituent entity of the Russian Federation is the highest official of a territory, region, federal city, autonomous region, district. This employment contract has the following features in accordance with the Regulations on Heads of Administration, approved by the Decree of the President of the Russian Federation of October 3, 1994:

The head of the administration, if he did not occupy this position as a result of elections, is appointed to the position and dismissed from office by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.
His dismissal from office is also carried out in the event of a written resignation, loss of citizenship of the Russian Federation, the entry into force of a conviction against him, or recognition of him as incompetent by a court decision that has entered into legal force. These are additional grounds for his dismissal.
The head of the administration is obliged to resign if he is elected as a deputy of the legislative (representative) body of a subject of the Federation or body local government, as well as when he performs any paid work (except for teaching, scientific or other creative activities).
The head of administration appoints and dismisses heads of city and district administrations and applies disciplinary measures to them (unless this applies to local government bodies).
The head of the administration has the right to a monthly bonus of up to 40 percent and a bonus for complexity and special work hours of up to 50 percent, the right to annual and additional paid leave of at least 36 working days, as well as the right to receive benefits upon release from his position for up to one year in the amount of the salary of the head of administration and an additional payment if his salary is according to new job will be lower than before.

As can be seen from the above features of the employment contract of civil servants, they are established not only by special norms-exemptions, but also by norms-benefits, providing for them a number of privileges and incentives.

New types of fixed-term employment contracts include labor agreement (contract) with the head of the organization, concluded for a period that is established in accordance with the constituent documents of the organization by the decision of the owner of the organization’s property (the authorized body of the organization, which has the right to represent the organization in labor relations with its director and conclude an employment contract with him). The features of this employment agreement (contract) will be determined by the Federal Law “On the Peculiarities of Labor Regulation of the Head of an Organization,” the draft of which was approved in the second reading State Duma in May 1997

This draft indicates that the labor relations of the head of the organization are regulated by labor legislation, taking into account the features established by this Law. It gives the concept of an employment agreement (contract) with the head of the organization, according to which the manager “obliges to manage the organization conscientiously and wisely”, to exercise his powers, and the owner of the organization’s property (the authorized body of the organization) undertakes to provide the manager with working conditions provided for by labor legislation and the employment contract ( contract). The draft Law specifies what conditions should be determined in the employment contract: the term of the contract, the amount of salary, the amount of compensation in case of early termination of the employment contract through no fault of the manager, his powers to manage the organization, including the right to hire and fire employees, his responsibility for violating the terms an employment agreement (contract), for the economic results of activities, the safety and intended use of property, the condition of non-disclosure of official (commercial) secrets. An employment agreement (contract) by a manager may include conditions for social guarantees for him, his family members, for payment of his share of net profit organizations, as well as other conditions that do not worsen its position in comparison with labor legislation, with the exception of the exceptions provided for by the specified Federal Law. The exemptions for this project are as follows:

Part-time work is limited. He can do this only with the permission of the owner of the organization’s property (its authorized body). He cannot be a member of the bodies exercising supervisory and control functions;
he is obliged to annually submit to the founders (participants) of the organization or its authorized body a declaration of his income;
he is obliged to inform them about all transactions of the organization in which he may be recognized as an interested party (including transactions where the parties are his relatives or relatives or if they hold positions in the management bodies of a party to the transaction);
in addition to disciplinary sanctions (Article 135 of the Labor Code of the Russian Federation), he may be subject to the following disciplinary sanctions: removal from office for no more than one month until the issue of responsibility is resolved, deprivation of the right by the court to hold positions of the head of organizations and positions in a collegial management body for a period of up to 3 years . The owner of the organization’s property applies to the court with a petition for this, i.e. this is his disqualification;
he bears financial responsibility for losses caused by his guilty actions (inaction) to the organization with all his property.

For the head of an organization, this Law provides for additional grounds for dismissal (Article 17), which will be discussed further in the paragraph on dismissals. He is also obliged to pay the organization compensation in the amount of 100 times the minimum wage if he quits early without good reason. The place of work is different from the employee's workplace. The latter can change (with the consent of the employee, if the essential working conditions do not change; the workplace may also be non-permanent, for example, if the work is traveling. The place of work determines with which employer the employment contract is concluded, and it cannot be changed without the consent of the employee The head of the organization determines his workplace himself.

Legislation often establishes qualification requirements to production managers and their professional education. Federal Law “On Joint Stock Companies” of December 26, 1995 in Art. 69 provides that the combination of positions by the head of this organization in the management bodies of other organizations is permitted only with the consent of the board of directors. The same article in paragraph 3 provides that in joint stock company general meeting shareholders or the board of directors have the right to terminate the agreement with the manager at any time.

Employment contracts for young workers, graduates of vocational schools, and young specialists who have graduated from higher and secondary specialized educational institutions in the direction of the enterprise, occupy a special place in the system of employment contracts. They cannot be completely attributed to ordinary contracts for permanent work with a certain period of validity, since during the period of compulsory work after graduation for a young worker and young specialist special legal norms apply (procedure for transfers, dismissals, etc.), and he cannot be dismissed due to at will according to Art. 31 Labor Code of the Russian Federation. But this is not a fixed-term contract, since the expiration of the mandatory work period does not give the administration the right, as with a fixed-term employment contract, to terminate this contract upon expiration of the period. Nowadays, the training and placement of young specialists has been regulated in a new way by the Decree of the Government of the Russian Federation “On targeted contract training of specialists in higher and secondary specialized education” dated September 19, 1995. Such training under contracts is carried out among those individuals who are trained at the expense of budgetary funds. The contract is concluded by the relevant educational institutions with the employer on the targeted training for a given employer of a certain number of young specialists. In accordance with this contract, the educational institution forms, on a voluntary basis, a contingent of students with targeted training for a given employer. The scope of such targeted training of specialists is established by the federal executive authorities to which these special educational institutions are subordinate, in agreement with the Ministry of General and Professional Education of the Russian Federation within the limits of admitting students at the expense of the federal budget.

No later than three months before the student graduates from a professional higher or secondary educational institution, he concludes, at the proposal of the head of this institution, a contract with the relevant employer who has an agreement on targeted training of specialists. Thus, the former Soviet form of mandatory assignment of university and technical school graduates to work has been replaced by a contractual form of targeted training and a contractual form of assignment to work. Moreover, both agreements are called contracts, and they are closely related to each other.

At the suggestion of the rector of the university, the director of the technical school or other professional educational institution, the graduate enters into a contract with the director to work for him in his specialty for a period of up to three years. According to this contract, the position of the young specialist must correspond to the profile and level of his professional education. This contract provides for mutual obligations of its parties and mutual responsibility for violation of laws. This government resolution provides for a number of suspensive and dispensable conditions that free graduates to enter into such contracts with the employer if the graduate has good reasons(medical contraindications for this work, the presence of parents or a spouse (the spouse of a disabled person of groups I and II (i.e. completely disabled), if the work is offered not at their place of residence, or pregnancy, the presence of a child under 1.5 years old, if the work is offered not at the place of residence of the family or if the proposed work does not correspond to the education received, etc.) In other cases, graduates who refuse to conclude a labor contract with a given employer or violate it are required to reimburse the educational institution and the employer before receiving a diploma for the costs of the scholarship and other social benefits (additional payments) and benefits in the manner and on the terms specified in the contract. Only those who studied with only “excellent” marks from the moment of signing the contract, as well as orphans, disabled people of groups I and II, combat veterans, injured from radiation disasters and receiving scholarships without fail by decision of the President of the Russian Federation and the Government of the Russian Federation.

Employment contract of an employee hired through a competition, conclude:

persons who have passed the competition for vacant positions of teaching staff of universities and researchers of research institutes and laboratories;
artists, directors and other theatrical creative workers who have passed the next competition that is announced for these positions;
civil servants may be hired through competition. Employees hired through competition are hired by order of the manager (director). They are not subject to certification. The peculiarity of this employment contract is that it is concluded only with persons pre-elected through a competition by secret ballot.

All positions of scientific and pedagogical workers of universities in accordance with Art. 20 of the Federal Law “On Higher and Postgraduate Education” vocational education dated July 19, 1996 are replaced under an employment agreement (contract). The conclusion of an employment agreement (contract) for a scientific and pedagogical employee of a university for a period of up to five years is preceded by a competitive selection for the positions of dean of the faculty and head of the department are elective. The procedure for their elections is determined by the statutes of universities. In state and municipal universities, the positions of rectors, vice-rectors, deans of faculties, heads of departments, heads of branches of institutes will be held by persons no older than 65 years. Upon reaching this age, these persons are transferred, with their consent, to other positions according to their qualifications. For the rector, upon the recommendation of the academic council of the university, the founder has the right to extend the term of office of the rector until the age of 70. And for other positions, this period can be extended by the rector of the university until they reach 70 years of age.

Employment contract for combining professions(positions). The procedure and conditions for combining professions (positions) are established by agreement of the parties to the employment contract.

Combining professions (positions) means the performance by an employee of his job function, along with his main profession (position), of additional work in another profession (position), and by expanding the scope of work, service areas, the performance of additional work during the same working day (shift). volume of work for the same profession or position.

Such types of work are allowed under one employment contract during the established duration of the working day (shift), if it is economically feasible and does not lead to a deterioration in the quality of products, work performed, or service to the population. They are used to increase labor productivity and perform the established amount of work with fewer personnel.

Due to the need for greater savings and better use of working time, work in two or three professions combined at the same time is currently being widely developed. The procedure and conditions for combining professions (positions) in production and non-production sectors of the national economy are different. An employment contract on combining professions (positions), as well as on expanding service areas or increasing the volume of work performed, is drawn up by order (instruction) of the administration in agreement with the trade union body, indicating the combined profession (position), the volume of additional functions or work performed and the amount of additional payment for this. In the same manner, the cancellation or reduction of the specified additional payment is formalized, of which the employee must be notified at least a month in advance.

In the forestry industry and forestry, with the written consent of the employee, a combination of professions can be no more than three related, related professions or jobs in relation to the employee’s main activity. At the same time, qualified workers cannot be hired to perform additional work charged below the third category. They perform the specified additional work when, due to production conditions, it is not possible to perform work in the main profession (specialty, position).

Employment contract with persons working for citizens under contracts (domestic workers, etc.) The features of this agreement are established by the Regulations approved by the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions on April 28, 1987. "The labor of persons working for citizens under contracts is used to perform work in their households, providing them technical assistance in literary and other creative activities, etc.

The agreement must be registered with the local trade union body no later than seven days after it is signed by the parties.

Work books are kept for these workers. Entries are made by the trade union body on the basis of an agreement. The time worked under the contract is counted towards the total and continuous work experience.

Persons working for citizens under contracts may include secretaries, car drivers, nannies, etc.

It is not allowed for a citizen to conclude an agreement with persons who are closely related or related to him (parents, spouses, brothers, sisters, sons, daughters, as well as brothers, sisters, parents and children of spouses). This rule does not apply to persons caring for disabled people of group I from among military personnel who have become disabled as a result of injury or injury received in defense of the Fatherland or in the performance of other military service duties or as a result of an illness associated with being at the front, as well as caring for disabled people of group I, recognized as such due to a work injury or occupational disease, and visually impaired (blind).

Employment contract for part-time work(part-time work week) can be concluded by agreement of the parties in accordance with Art. 49 Labor Code of the Russian Federation. In these cases, agreements on the duration of a part-time working day (week) and its regime are one of the necessary conditions for this type of employment contract. Part-time work does not entail any restrictions on labor rights. In this case, remuneration is made in proportion to the time worked or depending on output. An employee can be hired part-time, either permanently or temporarily. Part-time work is allowed for women with children who require supervision, for pensioners, disabled people, full-time students and others in need.

Admission to work with a part-time or part-time work week is carried out on a general basis, but a record of part-time work is not recorded in the work book.

Part-time working time can be established by agreement of the parties either without a time limit or for any period convenient for the employee: until the child reaches a certain age, for a period school year etc. The order on the admission of women with children to part-time work specifies the duration of work, the duration of working hours, its schedule (regime) during the working day or week and other conditions. At the same time, the work regime is stopped in agreement with the trade union committee, taking into account the wishes of the woman. These modes can be, as a rule, of three types, i.e. may provide for a reduction in the duration of daily work (shift) or the number of working days per week, or both at the same time, but provided that the duration of the working shift (day) should not be less than four hours, and the working week - less than 20-24 hours, respectively with a 5- and 6-day week. Other operating modes can be set. Nowadays, parties to an employment contract are more free to enter into an agreement to work part-time.

Part-time work is counted toward all types of work experience, including vacation time.

Employment contract with a non-staff employee. Non-staff workers are persons who perform a certain labor function in a production team, subject to the rules of its internal labor regulations, but are not included in the regular (payroll) staff. These include insurance agents, booksellers, artists, reporters and other freelance workers. An employment contract with a non-staff worker is usually concluded according to standard form V in writing (contract of employment) and for a certain period. The contract specifies the work and its volume, time standards and prices for the work, start and end dates, total cost and work schedule.

Employment contract for industrial training is to train new skilled workers (mainly young people) directly in production. This training is carried out through coursework, group and individual forms of training within the working hours established for workers of relevant ages, professions and industries (Article 185 of the Labor Code of the Russian Federation). Course training is provided in particularly complex professions. Training periods vary. When concluding an industrial training agreement, the agreement of the parties stipulates training in a specific specialty for a period, usually up to six months.

During the period of industrial training, the worker is subject to general labor law norms and special industrial training norms. The main labor function of the employee under this contract is to study the specialty, although at the same time he also performs certain production tasks in the specialty being studied. Industrial training ends with passing qualifying exams to the qualification commission, which determines the worker’s rank, class, etc. in the specialty received. Based on the commission’s protocol, the head of the enterprise and workshop, in agreement with the trade union committee, sets the worker’s wage category, after which the employment contract for industrial training is converted into a regular contract with an indefinite period. And the worker already works according to his assigned tariff category of this specialty. When, when concluding such an agreement for industrial training, the worker signed that upon completion of the training he undertakes to work in this organization for at least a certain period of time (2-3 years), then in this case this agreement cannot be considered fixed-term, i.e. after the expiration of the specified period of service, the administration cannot dismiss the employee, as with a fixed-term contract upon expiration of the term.

The considered types of employment contracts with an indefinite duration should be distinguished from fixed-term contracts concluded for a specific calendar period stipulated in the contract. At the same time, such fixed-term contracts, such as a contract for organized recruitment, a contract for work in the Far North and equivalent areas, are concluded on the basis standard contracts, which indicate the terms of this type of contract. Fixed-term employment agreements (contracts) are concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work to be done, or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided for by law. This clause is part 2 of Art. 17 of the Labor Code of the Russian Federation limits the arbitrariness of the administration in concluding an agreement (contract) for a period.

Employment contract in the order of organized recruitment of workers As a rule, it consists of leaving for another area for a period of at least one year, and for seasonal work - for the period of the season.

For work in enterprises Far East, Siberia and other regions, an organized recruitment contract is concluded for a period of at least two years, and for work in the Far North - for a period of up to five years.

Organized recruitment of workers is carried out with the aim of providing labor for the most important construction projects in the country, for which an annual recruitment plan is approved in a certain area. It is carried out as planned through authorized local employment authorities, which act on behalf of the relevant organizations and construction sites. The rights and obligations under this agreement belong to the organization on whose behalf the agreement was concluded.

An employment contract for organized recruitment is concluded with persons no younger than 18 years of age and no older than: men - 55 years old, women - 50 years old. When concluding this contract, the worker agrees on the place of work, the type of work, the duration of the contract and the time of departure to the destination. All other terms of the employment contract, including benefits, are established by regulation - a standard employment contract. A standard employment contract provides for the organization’s obligation to organize training for arriving workers, pay, as a rule, a one-time benefit to the employee, relocation compensation and provide the employee with housing. In case of early dismissal through no fault of the employee, as well as in case of dismissal after the expiration of the contract, the organization is obliged to pay the employee the cost of return travel to permanent place residence.

Employment contract for work in the Far North and in areas equated to these areas, it can be concluded either by organized recruitment or in another manner in writing by persons who came from other areas, for a period of up to five years, and for work on the Northern Islands Arctic Ocean for a period of two years. At the end of this period, the contract, at the request of the parties, can be re-concluded for the same period or extended for a period of at least a year, and in those areas where departure depends on navigation - until it opens.

The contract specifies the date and place of its conclusion, the names of the parties, the validity period of the contract, the labor function (position, specialty) for which the employee is hired, his official salary or tariff rate, place of permanent residence and benefits.

The features of this employment contract are provided for in Art. 250 and 251 of the Labor Code of the Russian Federation and the Law of the Russian Federation of February 19, 1993 “On state guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas.” This Law also established new labor benefits for them. For example, a 36-hour work week (instead of 40 hours) was established for women with full pay as in a normal work week, and additional vacations were increased for all employees.

The lists of regions of the Far North and equivalent areas are determined by a list approved centrally in accordance with Art. 2 Laws. To attract labor to these areas, our state establishes certain benefits, which are divided into basic and additional. Employment contracts of indefinite duration may be concluded with local residents. But they are not entitled to additional benefits; they are entitled only to basic benefits. Basic benefits are provided to all employees, whether they are expatriates or local residents. They consist of certain monthly salary increases, annual additional holidays and the right to combine vacations in whole or in part, but not more than for two years, in payment for _______ two years of travel to the place of use of vacation and back, in additional payment to temporary disability benefits up to the amount of average earnings, in reducing the age required for granting a pension old age, and other benefits.

For persons who have entered into a fixed-term employment contract, in addition to the indicated basic benefits, additional additional benefits are established:

increased payment for moving to the place of work; persons who, after the expiration of the first contract, renew the contract for the same new term, are paid a one-time benefit in the amount of 50 percent of the average monthly earnings (excluding the regional coefficient, remuneration for long service and “northern”, and, accordingly, remoteness allowances);
payment for the return travel of the employee and his family members to their permanent place of residence after the expiration of the contract or in the event of its early termination through no fault of the employee;
provision of living space at the place of work and reservation of housing at a permanent place of residence for the entire duration of the employment contract;
Increased credit (from March 1, 1960, one and a half years per year of work) in the length of service of time worked in these areas.

If a fixed-term employment contract is concluded by an employee who has already arrived at the place of work, then he enjoys all additional benefits, except for payment for moving to the place of work.

For persons discharged from military service in the regions of the Far North and equivalent areas, from January 1, 1968, the time of active service in these regions is counted towards the length of service, giving the right to receive “northern” benefits, if within three months after dismissal from the Armed Forces They arrived at the enterprise in _________ places.

Employment contract for part-time work. Part-time work is the simultaneous occupation by a worker, in addition to the main one, of another paid position or the performance by the same employee, in addition to the main one, of another regular paid job as a worker or employee. Part-time workers, therefore, have two employment contracts: one for their main job, the other for a part-time job.

The scope of the work function, working hours and part-time pay are also necessary conditions contracts established by agreement of the parties.

The peculiarities of a part-time employment contract are present not only in the order of its conclusion and termination, but also in the terms of the contract. For example, a condition regarding working hours. The main regulations establishing the features of a part-time employment contract are: the resolution of the Council of Ministers of the USSR dated September 22, 1988 “On part-time work” and the regulations on the conditions of part-time work approved by the resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the All-Russian Central Council of Trade Unions of March 1989 with changes and additions.

Nowadays, a part-time contract can be concluded by any employee, except for those for whom it is prohibited by special legislation (judges, prosecutors, civil servants, etc.).

Part-time work is usually performed on a part-time basis and is paid for the actual duration of work. Submission of a work book for combined work is not required. In the same institution, part-time work is allowed for workers, junior medical and junior service personnel within no more than half of the normal working time in the following institutions: healthcare, social security, pre-school and out-of-school institutions, boarding schools, higher and secondary specialized educational institutions, holiday homes, tourist centers, boarding houses and campsites. In this case, permission from the labor authority is not required. The work of full-time university and technical school students in organizations in their free time from study is not considered part-time work.

At the request of the employee in his work book a record of part-time work may be made on the basis of copies by order to this effect.

Employment contract with a seasonal worker is concluded for seasonal work, which, due to natural and climatic conditions, is carried out only during a certain period (season) not exceeding six months. Lists of such seasonal work are approved for each locality. These lists include mining and production work building materials, removing snow and ice, collecting fruits and vegetables, etc.

An employment contract for seasonal work can be concluded for a season or a certain period within six months. The person hired must be warned about seasonal work when concluding the contract, and the order (instruction) directly states that the employee is being hired for seasonal work. Otherwise it will be a contract with an indefinite duration.

The employment contract of a seasonal worker has features not only when hiring and dismissing, but also in terms of working hours and _______ The Decree of September 24, 1974 does not apply to seasonal workers in the forestry industry and forestry, whose work is regulated by the Decree of the State Committee for Labor of the USSR and the All-Russian Central Council of Trade Unions dated 29 October 1980. He also approved a list of seasonal work in this industry, which includes 15 types of work.

Employment contract with a temporary worker has its own characteristics, defined by the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 “On the working conditions of temporary workers and employees.” The employee is warned about temporary work upon hiring; this is noted in the order (instruction) on hiring. Unlike the contract of a seasonal worker, the employment contract of a temporary worker is not related to the nature of the work, but to the short duration of the work.

Employees hired for a period of up to 2 months are recognized as temporary, and to replace an absent permanent employee for up to four months. If a dismissed temporary employee is rehired by the same organization within a week, and the total period of his work before and after the break exceeds two or four months, respectively, then the employment contract is considered from the first day of work to be a contract with an indefinite period. The same legal consequences will apply if, after two (four) months, the temporary worker continues to work and neither party has demanded termination of the employment contract.

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Types of employment contracts.

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22. Conclusion of an employment contract

22. Conclusion of an employment contract

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