Urgent hiring order, etc. Sample application for employment under a fixed-term employment contract. Documents required for getting a job under a fixed-term contract

Hiring urgently employment contract going on general rules, but has some nuances, which we will tell you about. In the article you will also find a sample application for employment under a fixed-term employment contract, a sample order for employment under a fixed-term employment contract.

In this article, you will learn:

For how long a fixed-term employment contract is concluded when hiring;
How to draw up an order for employment under a fixed-term employment contract;
How to install probation when hiring under a fixed-term employment contract.

Samples of documents

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When can you sign a fixed-term employment contract?

According to the general rule established by the Labor Code of the Russian Federation, employers must conclude employment contracts with employees for an indefinite period.

From the book you will learn everything about the internal labor regulations, you will find instructions on HR administration which will make the job easier.

You will also find out what errors in the PTP the inspector will pay attention to first of all and how to draw up a regulation on remuneration.

Consider the complex issues of the staffing table and staffing: how to maintain one convenient file instead of two documents, and how to adopt a local regulatory act.

The employment application form is not legally approved. The company can develop its own. An employee can write such a statement by hand in any form or sign in a form developed by the company.

Sample application for employment under a fixed-term employment contract

General Director of Astra LLC

Petrov M.P.

from Trofimova S.The.

Statement

I would like to ask you to hire me at Astra LLC as an accountant for the duration of the duties of an employee who is absent for the period of maternity leave and parental leave. "

Trofimova

We conclude a fixed-term employment contract

When concluding a fixed-term employment contract, it must reflect:

validity;
circumstances (reasons) that served as the basis for the conclusion of a fixed-term contract.

Note that the maximum period for which a fixed-term employment contract can be concluded is 5 years.

If the term of its validity is not stipulated in the employment contract, then the contract is considered concluded for an indefinite period.

Sample of a fixed-term employment contract (fragment)

The term of the employment contract is 1 year.

The test period cannot exceed three months. A probationary period of up to six months may be established:

heads of organizations and their deputies;
chief accountants and their deputies;
heads of branches, representative offices or other separate structural divisions of organizations.

If an employment contract is concluded for a period of up to two months, a probationary period is not established. And if the term of the employment contract is from two to six months, the trial cannot exceed two weeks.

Order for hiring under a fixed-term employment contract

In the event that an organization uses unified forms of documents, an order for hiring is drawn up according to Form No. T-1 (when hiring one employee) or Form No. T-2 (when hiring several employees).

The order reflects the period for which the employment contract was concluded.

Sample order for employment under a fixed-term employment contract

Unified form No. T-1
Approved by the Resolution of the State Statistics Committee of Russia
dated 05.01.2004 No. 1

(name of company)

(order)

about hiring an employee

(Full Name)

allowance
	(in numbers)

Record in the work book about hiring under a fixed-term contract

Recording in the work book when hiring under a fixed-term employment contract is made according to the general rules. The fact that an employment contract is concluded for a specific period is not reflected in the work book.

A sample of an entry in a work book about hiring under a fixed-term employment contract

Record No.	Information about employment, transfer to another permanent job, qualifications, dismissal	Name, date and number of the document on the basis of which the entry was made
Record No.

	Limited company
	responsibility "Astra"
	(LLC "Astra")
	Accepted to the accounting department

It should be noted that the employer cannot arbitrarily decide with whom to conclude a fixed-term contract, and with whom not... The future employee is also deprived of the same privilege, since the provisions of Article 58 of the Labor Code of the Russian Federation clearly indicate under what circumstances it is mandatory to conclude such an agreement. According to the above-mentioned rule, these are the circumstances in which a person:

replaces a temporarily absent employee on a legal basis;
performs temporary or seasonal work;
goes abroad;
works in a temporary organization;
carries out work outside the main field of activity of the organization (design, installation work);
performs work as a trainee or trainee;
works in an elected body of any institution or holds such a position;
performs compulsory and public works in the direction of employment service institutions;
passes contract service in the army;
carries out work, the completion date of which is unknown.

The law also specifies certain categories of persons with whom, by agreement of the parties, such an agreement is also concluded. This list, according to article 59 of the Labor Code of the Russian Federation, includes:

pensioners and persons with disabilities;
disabled people;
part-time workers;
creative workers in the media, cinema, etc .;
full-time students;
crew members of a sea vessel;
persons working in the regions of the Far North;
workers involved in the elimination of the consequences of epidemics, accidents, etc .;
chief accountants of organizations.

All of the above items are sufficient grounds for concluding such an agreement. If, in the opinion of the court, a fixed-term employment agreement was unreasonably concluded, then the judge with a high degree of probability will recognize such an employment contract as open-ended, and the employer may receive a fine during various inspections.

Below you can see an example of a fixed-term employment contract:

The procedure for hiring

Before concluding a fixed-term employment contract with an employee, it is necessary to indicate 2 main conditions that identify it as urgent:

term;
base.

The term of the contract can be changed for pregnant women, athletes and university employees. Pregnant women need to provide their employer with a medical certificate of their situation and write a corresponding statement.

In this case, the contract is extended until the end of pregnancy or maternity leave in accordance with article 261 of the Labor Code of the Russian Federation. Protection of the rights of pregnant women is a priority for the legislator, but exceptions are cases when a pregnant employee replaces a temporarily absent employee. If this suits your particular case, then read the article, which describes in detail not only how to terminate or conclude an agreement with an employee in an interesting position, but also the number of maternity payments that will need to be paid to her.

Employers often have questions about how to correctly indicate the term in the contract.

This, as you know, can be done in several ways: by the exact date indicated in numbers or by a record of the occurrence of an event.

Quite often, it becomes impossible to determine the exact date of termination of work activities, since it is not known, for example, when an employee who is legally absent will be released. It is then that you need to indicate the occurrence of an event.

However, the very procedure for hiring future employees is carried out on a general basis in accordance with article 65 of the Labor Code of the Russian Federation. The law does not provide for any special procedure for hiring such workers.

Consent to conclude a contract

Any agreement is concluded on the basis of the voluntariness and consent of the parties. An employer cannot exert pressure, mislead, emotionally and physically coerce, blackmail an employee in every possible way. When hiring a person, the consent of a person is expressed in the contract itself, which he personally signs under a certain date. The transformation of an ordinary labor contract into a fixed-term one is a procedure that is not regulated by any law, and even more so if the employee does not agree, then it is practically impossible at all.

A sample agreement of the parties to conclude a fixed-term employment contract is presented below:

Legally, however, this is also impossible to do. But nevertheless, changing the provisions of a fixed-term employment contract is possible by concluding a written supplementary agreement with an employee. The document is drawn up in any form, since the law does not establish any mandatory criteria for its content. If an agreement is concluded by mutual consent, then it can be concluded at any time. This agreement states:

the name of the document;
parties and their details;
subject, i.e. clauses of the original agreement that have been changed or new conditions;
signatures;
the date.

When concluding an additional agreement, a corresponding order is issued.

However, if the changes occur at the request of the employer and affect the interests of many employees, then the employees must be informed about this decision in writing against signature 2 months in advance in accordance with Article 74 of the Labor Code of the Russian Federation. The form of such a notification is not regulated by law, therefore, it can be drawn up arbitrarily.

Admission order

How to take on a fixed-term employment contract? The hiring of an employee is certified by the issuance of an appropriate order. This document is drawn up in the form No. T-1, approved by the Resolution of the State Statistics Committee of Russia. This is a mandatory sample of a document, where in the upper right column "By" you need to enter the very term of the contract or the onset of a certain event that serves as the termination of work. In the column "conditions of admission to work" you must indicate the very basis for the conclusion of the contract. In the order in accordance with the above form, you must specify such details as:

Name of the organization;
details of the parties;
position;
qualification;
structural unit of the organization where the person will work;
tariff rate;
(if there);
the date;
signatures of the parties.

At the request of the employee, the employer is obliged to give him a copy of the order against receipt.

In the photo you can see a sample of an order for employment under a fixed-term employment contract:

It is also worth noting that the mark in the work book of such an employee is carried out on a general basis and the terms themselves are not indicated there.

How to issue an application?

This application is absolutely not necessary to fill out, but nevertheless it is often required to be presented for reporting by the HR department. However, the legislation does not contain any prescriptions regarding the need for such a statement. This already has a psychological or bureaucratic aspect rather than a legal one, since the employment contract itself and the order are the main documents allowing a person to carry out labor activities.

The employee draws up such a statement in an absolutely free form, since there is no norm or law regulating its content. The employee writes an application addressed to, for example, general director with your own hand on a plain A4 sheet of paper. The document must indicate:

Full name, position of the general director;
Full name of the employee, his details;
Name of the organization;
Intended position;
Grounds for hiring;
Signature;
The date;

The application must be endorsed by the responsible person of the organization and the employee of the personnel department, and then transferred to the head for signature.

The photo shows a sample application for employment under a fixed-term employment contract:

What documents must the applicant provide?

Absolutely any employee, on a general basis, provides the employer with a certain list of documents in accordance with Article 65 of the Labor Code of the Russian Federation. So, the list of such documents includes:

The passport;
Labor book, and if a person gets a job at all for the first time, then its registration is the direct responsibility of the employer;
SNILS;
Any educational document (diploma, certificate, certificate);
document military registration if the applicant is liable for military service;
a certificate of the presence or absence of a criminal record.

However, this list is not closed and according to the specifics of a particular job, the provisions of the current legislation, the employer has the right to demand additional documents from a potential employee. Such additional documents include a medical certificate, TIN, income statement (personal income tax), etc. But nonetheless the employer cannot request documents from the employee that are not mentioned at all in any law... You may also need information from the article in order to properly document the working relationship.

How is it?

This agreement differs from the "classic" employment contract by the presence of a specified period of time during which the person fulfills his labor duties. This agreement is also concluded on a general basis, and the legislator makes the same requirements for its content in accordance with Article 57 of the Labor Code of the Russian Federation.

A person starts to perform his / her labor functions from the moment of signing an employment contract. Ideally, after the expiration of the employment contract, all working relationship with the employee ends.

However, all the same, the employer must inform the employee 3 days before dismissal about the termination of all labor relations with him, otherwise the contract will become indefinite.

Contract guarantees

A fixed-term employment contract does not automatically make an employee powerless and does not put him in a lower position, especially since the legislator prohibits the employer from concluding such contracts with the sole purpose of not providing the necessary legal labor protection and guarantees.

The employee has the right to take advantage of the annual paid leave according to article 114 of the Labor Code of the Russian Federation, but vacation calculations will be made in a completely different way, and the employer will already take into account the number of days and months worked.

The amount of vacation pay is calculated from the average wage in accordance with Article 134 of the Labor Code of the Russian Federation. All promised guarantees and conditions are contained in the agreement itself, which must be read carefully before signing.

This all only proves that such an employee has legal guarantees. A fixed-term employment contract is the same contract as all others, but only limited in time. Such an agreement is not concluded simply at will, but only if there are certain circumstances. All rights and guarantees under this agreement remain in full force and effect.

The employer has the right to accept a new employee for a limited period by concluding a fixed-term employment agreement with him, if there are circumstances established by the Labor Code of the Russian Federation.

Despite the fact that the employee will work in the company temporarily, he must be accepted in accordance with all the rules, it is imperative to conclude an order.

Do I need to write an application for acceptance on urgent work — .

The employer can use the unified form T-1 or issue his order. The main thing is to remember the mandatory details to be included in the documents, in accordance with the requirements of the law.

Filling in the "accept from .. to" field

A completed sample of order T-1, when accepted for a limited period, will differ from a similar order when applying for a permanent place of service by the field "accept from ... to", where you must fill in both lines. At the top, the day corresponding to the beginning of the conscript's activity is indicated, at the bottom - the date of completion labor activity or an event to which the termination of the agreement is timed.

Examples of filling out this field in various cases (click to enlarge):

to perform work

for seasonal work

at the time of the decree

Filling in the field "conditions / nature .."

Also, the urgency of the relationship is mentioned in the clause on conditions, which explains that the work is temporary in nature, this field may look like this (click to enlarge):

to get the job done

for seasonal work

at the time of the decree

Urgent labor Relations may be caused by the need to replace an absent employee. A frequent and popular reason for concluding such an agreement is to replace an employee while on maternity leave, as well as subsequent vacation for child care.

In general, the following reasons for signing a fixed-term employment contract can be distinguished:

Substitution of an absent employee (for example, temporarily maternity leave, being on sick leave);
Performing a limited scope of duties;
Providing a specific service;
Seasonal work.

For example, the procedure for the design of a standard form T-1 is given:

Form condition	Filling in when accepting a conscript
Employer details	Name as in constituent documents, OKPO.
Order details	Number and date of compilation. The number must be unique during the reporting period, usually a year. For convenience, letters and symbols are added to the digital serial number. Date - the day on which the form is completed.
Recruit	In the field "from" the first working day is put (under a fixed-term employment contract), in the field "to" the moment of the end of the contract (date or event) is entered. Filling in the "to" field is also determined by the terms of a fixed-term employment contract. Below are examples of filling out orders in various cases.
Employee details	Full name as in the passport, position according to the staffing table, department.
	A phrase is introduced that speaks of the urgency of labor relations, the reason for the establishment of such relations is explained.
Salary	The size of the salary, rates, allowances - according to the position according to the staffing table.
Probation	If the term of the contract does not exceed 2 months, then the test cannot be more than two weeks. In other cases, it is possible to set a maximum of 3 months.
Base	Details of a fixed-term employment contract
	The manager enacts the completed order, and the employee gets acquainted with it against signature.

The employer must remember that the employee must be notified in writing about the termination of a fixed-term employment contract three days before its termination.

An exception is the adoption of another employee, for example, during maternity leave. In this case, the contract will be terminated as soon as the absent person appears at the workplace.

If the employee is registered concurrently

In this case, there are some nuances of performing job responsibilities... The part-time worker has the main workplace where he needs to work at full strength. Part-time job is carried out in free time, this moment must be indicated both in the employment contract and in the admission order.

A helpful example of a call will serve to save time for more useful activities. Complex documents have important points for data. To make them right, you need to understand the principle.

The quickest way to accomplish this is by looking at the sample below. If suddenly you find inaccuracy or not very accurate data, please remind the administration about the errors in the form at the end. You should be aware that legal science is not marking time and some models continue to become outdated.

It is imperative to verify the validity of the references to the articles of law given in them. It may be that some norms are no longer modern.

Fixed-term employment contract: draw up, renew and terminate

Salesman food products S. was dismissed on October 30, 2006 under paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation - due to the expiration of the employment contract.

Disputing the legality of the dismissal, on December 4, she went to court with a claim to reinstate her at work and to pay for the time of the forced absence. In support of the claims, she indicated that she had worked for the defendant since March 15, 2005 under an employment contract of March 11, 2005 as a food seller and was dismissed upon the expiration of the contract.

She considers the employer's actions illegal: she was fired while on parental leave, which contradicts the requirements of Art. 261 of the Labor Code of the Russian Federation.

The representative of the defendant did not admit the claim, explaining that a fixed-term employment contract was concluded with the plaintiff for the period of being on maternity and childcare leave of the main employee L. The latter was on maternity leave from February 17 to July 6, 2005 Further, according to the application of 12.05.2005, she was granted parental leave until he reached the age of one and a half years from July 7, 2005 to October 30, 2006.

The plaintiff was on maternity leave from January 10 to May 29, 2006. Then, on the basis of statements dated 10.04.2006 she was granted parental leave until he reached the age of three years from May 30, 2006. The defendant's representative believes that the plaintiff could have been dismissed under paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation - upon the expiration of the term of the contract - in connection with the exit from the vacation of the main employee L. The court satisfied the claim.

The defendant in the cassation appeal asked to cancel the decision of the court of first instance due to its unfoundedness. Having discussed the arguments of the complaint, having checked the case materials, the cassation instance found this decision to be canceled.

The plaintiff entered into a fixed-term employment contract, which means that she could be classified as a woman who is subject to parts 2 and 3 of Art. 261 of the Labor Code of the Russian Federation, which establishes guarantees for pregnant women upon the expiration of a fixed-term employment contract during pregnancy.

However, the term of the employment contract with S. expired at the time the main employee L. came to work, which happened on October 30, 2006. Since at the moment the plaintiff was no longer in a state of pregnancy, but used parental leave, despite the fact that the legislator provided for the possibility of extending the term of a fixed-term employment contract only until the end of pregnancy, then the guarantees provided for by this norm were no longer applicable to it. Accordingly, the defendant was entitled to terminate the employment contract with the plaintiff on 30 October 2006. Consequently, the court's conclusion that the defendant was not entitled to dismiss S. is based on a misinterpretation of the law.

The panel of judges overturned the court's decision and issued a new one, by which S. in satisfaction of the claim for reinstatement at work and payment for the time of the forced absence was denied.

Employment contract with a minor employee

Sample employment contract
"__" __________ 200__
______________________ represented by ____________________________, acting on the basis of _______________ (hereinafter - the Firm), on the one hand, and the citizen (s) _______________________________________________ (hereinafter - the Employee), on the other hand, have entered into this agreement on the following:
1. The Subject of the Agreement
1.1. The Firm hires an Employee for a position of _______________________________ in a department of _________________________________, and the Employee undertakes to fulfill his job duties in accordance with this agreement and job description, which is an integral part of the employment contract.
1.2. The Employee's working conditions arising from the existence of an employment relationship between the Employee and the Firm are governed by the norms of the current labor legislation, The Firm's internal labor regulations, this agreement and other agreements concluded between the Firm and the Employee.
1.3. When hiring an Employee, the following is established: a probationary period of __________________________ months.
1.4. Work under this Labor Agreement is for the Employee _________________ (main place of work and type of employment; part-time work).
2. Working hours, workplace
2.1. The employee is set work time: a forty-hour work week with five work days and two days off (Saturday and Sunday).
2.1. Duration daily work set from _______ to _______ hours, lunch break from _______ to _______ hours.
3. Obligations of the parties
3.1. The employee assumes the fulfillment of the following obligations:
3.1.1. To creatively, honestly and conscientiously fulfill the job duties specified in the job description and in this employment contract.
3.1.2. Observe the internal labor regulations, labor and production discipline established by the Firm.
3.1.3. When changing the place of residence, promptly report the data to the personnel department of the Firm.
3.1.4. Follow the orders and orders of the head of the Firm.
3.1.5. Show initiative and enterprise in work, value the honor and authority of the Firm, show respect and benevolence towards other employees of the Firm and its clients.
3.1.6. Store information that is trusted or that has become known to him through his work. trade secret The firm and its clients. The terms of confidentiality and non-disclosure of information signed by the Employee are an integral part of this employment contract.
3.1.7. Take good care of the property owned or used by the Firm. Upon dismissal, the Employee undertakes to return the purchased at the expense of the Firm and transferred to the Employee for use. tutorials, equipment and other material values.

In case of loss or loss of the latter, the Employee reimburses their cost within the amounts established by the Labor Code of the Russian Federation and current legislation.
3.2. An employee has the right:
3.2.1. Receive wages for work in the position specified in clause 1. of this agreement, including all types additional remuneration according to the results of work and the allowance, which are established by the Regulations on remuneration and material incentives employees (hereinafter the Regulation).
3.2.2. To provide everything necessary for the implementation of his labor functions and the creation of working conditions stipulated by the current legislation and this contract.
3.3. The Firm assumes the following obligations in relation to the Employee:
3.3.1. Provide the Employee with work in accordance with the terms of this agreement, provide the Employee with everything necessary and create the necessary conditions for the performance of his official duties.
3.3.2. Pay monthly wages to the Employee in the manner and amount established in section 4 of the agreement.
3.3.3. Provide to the Employee in accordance with the law for 28 calendar days. The vacation is provided in accordance with the vacation schedule at the Firm, or by agreement of the parties during the year.

Leave for the first year of employment May be granted six months after the date of employment.
3.3.4. Effectively organize the work of employees, equip workplaces at the location of the office in accordance with labor protection and safety regulations. Ensure the safety and health of the Employee.
3.3.5. Help employees to improve their qualifications, the level of professionalism and competence.
3.3.6. Provide the Employee with travel expenses.
3.3.7. Compensate in full the expenses of the Employee, incurred by him with the consent of the management of the Firm and in the interests of the Firm.
4. Remuneration and social benefits
4.1. The monthly salary in the form of a salary for the Employee is set at ___________________________________________ rubles. The payment is made twice a month on the days established by the internal labor regulations through the cash desk of the Firm.
4.2. For successful work, initiative and achievement of high production results, the Employee may be paid remuneration in the amount determined by the head of the Firm, depending on the results of work. Payment is made on the day wages are issued.
4.3. The procedure and terms for payment of wages are established in the Internal Labor Regulations of the Firm.
4.4. The sizes and forms of remuneration can be revised by the management of the Firm in the process of improving the structure of the apparatus, but should not worsen the position of the Employee in comparison with the legislation.
4.5. While working at the company, the employee is provided with the following social guarantees:
a) payment for temporary incapacity for work of the Employee in accordance with the current legislation, based on the remuneration provided for by the Labor Agreement;
b) payment of travel expenses to the Employee.
4.6. The employee is subject to all types of social, health and pension insurance in accordance with applicable law.
5. The term of the contract.
5.1. This agreement is concluded with "_____" ______________________ for an indefinite period.
5.2. The agreement may be terminated ahead of schedule on the grounds established in clause 7.1. of this agreement, as well as on other grounds provided for by the current labor legislation.
6. Material liability
6.1. The employee bears full financial responsibility for direct actual damage caused by him to the Firm in the following cases:
a) if the actions of the Employee contain signs of acts that are prosecuted in a criminal procedure;
b) when property and other valuables were received by the Employee on account of a one-time power of attorney or transferred to him for temporary use;
c) when the damage was caused by waste or willful damage to property belonging to the Firm;
d) when the damage is caused by an Employee who is intoxicated;
e) other cases of damage in accordance with the current legislation.
6.2. The procedure for compensation for damage in all listed cases is determined by the current legislation.
7. Termination of the contract
7.1. This agreement may be terminated:
a) by agreement of the parties;
b) at the initiative of the Employee;
c) on the initiative of the Firm in accordance with the current labor legislation.
7.2. Dismissal of an Employee is formalized by an order for the Firm with which the Employee gets acquainted with signature.
8. Additional conditions ______________________________.
9. Dispute resolution If the parties do not reach an agreement in connection with the disputes and disagreements arising between them regarding this agreement, then the labor dispute shall be resolved in accordance with applicable law.
10. Final provisions
10.1. This agreement may be amended or supplemented only by agreement of the parties in writing.
10.2. The agreement is signed in duplicate, both are equally valid. One is handed over to the Employee, the second is at the Firm.
11. Details and signatures of the parties

A COMMENT:
Peculiarities legal regulation... Labor contract - an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, collective agreements, agreements, local regulations containing labor law norms, timely and in full pay wages to the employee, and the employee undertakes to personally perform the labor function defined by this agreement, to comply with the internal labor regulations in force in the organization.
The parties to the employment contract are the employer and the employee.
The terms of the employment contract can be changed only by agreement of the parties and in writing.
Labor contracts can be concluded:
1) for an indefinite period;
2) for a certain period of not more than five years (fixed-term employment contract), unless another period is established by the Labor Code of the Russian Federation and other federal laws.
A fixed-term employment contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the nature of the work ahead or the conditions for its performance, unless otherwise provided by the Labor Code of the Russian Federation and other federal laws.
An employment contract concluded for a specified period in the absence of sufficient grounds established by the body exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing norms labor law, or by the court, is considered to be imprisoned for an indefinite period.
It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period.
If the term of its validity is not stipulated in the employment contract, then the contract is considered concluded for an indefinite period.
If none of the parties demanded termination of a fixed-term employment contract due to the expiration of its term, and the employee continues to work after the expiration of the employment contract, the employment contract is considered concluded for an indefinite period.
The form of the contract. An employment contract must be in writing.
Essential terms of the contract. The employment contract must indicate: the surname, name, patronymic of the employee and the name of the employer (surname, name, patronymic of the employer - natural person) who have entered into an employment contract; place of work (indicating the structural unit); start date of work; the name of the position, specialty, profession with an indication of qualifications in accordance with staffing table organization or specific labor function... If, in accordance with federal laws, the provision of benefits or restrictions is associated with the performance of work in certain positions, specialties or professions, then the name of these positions, specialties or professions and qualification requirements to them must comply with the names and requirements specified in qualification reference books approved in the manner prescribed by the Government Russian Federation; the rights and obligations of the employee; the rights and obligations of the employer; characteristics of working conditions, compensation and benefits to employees for work in difficult, harmful and (or) dangerous conditions; the mode of work and rest (if it is in relation to this employee differs from general rules established in the organization); terms of remuneration (including the size of the wage rate or the official salary of the employee, additional payments, allowances and incentive payments); types and conditions of social insurance directly related to work.
If a fixed-term employment contract is concluded, it shall indicate its validity period and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract in accordance with the Labor Code of the Russian Federation (Article 59) and other federal laws.
Tax issues. For the purpose of calculating taxable profit, in accordance with Art. 252 of the Tax Code of the Russian Federation, expenses are recognized as justified and documented expenses incurred (incurred) by the taxpayer.
In accordance with Art. 255 of the Tax Code of the Russian Federation, the taxpayer's expenses for labor remuneration include any charges to employees in cash and (or) in kind, incentive charges and allowances, compensation charges related to the mode of work or working conditions, bonuses and one-time incentive charges, expenses related to maintenance these employees, provided for by the norms of the legislation of the Russian Federation, labor agreements (contracts) and (or) collective agreements.
Thus, the employment contract should stipulate all the payments and benefits that the organization provides to its employee, then these payments will reduce the taxable base for income tax.

Chapter 2 samples of registration of an employment contract and corresponding orders for employment, entries in a work book / samples of employment contracts

2.1.1. Insurance certificate of state pension insurance

2.1.3. Medical examinations

2.2.1. The employee is accepted in the order of transfer

2.2.2. An employee is hired for an indefinite period of time with a probationary period

2.2.3. The employee is hired part-time, part-time, part-time

2.3.1. An employment contract concluded for a specified period for the period when the employee is on parental leave until he reaches the age of 3 years

Samples of registration of an employment contract and the corresponding orders for employment, entries in the work book

In this chapter, let's take a closer look at the examples of drawing up an employment contract and the corresponding orders for employment on all the grounds provided for in the Labor Code of the Russian Federation, as well as entries in the work book made on the basis of these documents.

2.1. Documents required when applying for a job

When concluding an employment contract, a person applying for work submits the following documents to the employer:

3) a certificate of the last occupation issued at the place of residence (if the employee starts work for the first time);

4) educational document;

5) military ID (for citizens who are in stock);

6) insurance certificate (plastic pension insurance card);

8) certificate of total annual income (from the last place of work);

9) application;

10) photos 2 pcs. (3 x 4).

In some cases, legislative normative acts provide for the possibility of submitting additional documents when concluding an employment contract. For example:

1) when hiring civil servants, they submit documents confirming professional education, a medical report on the state of health and a certificate from the state tax authorities on the submission of information about the property status (paragraph 4 of Article 21 of Law No. 119-FZ);

4) upon hiring a disabled person provides an individual rehabilitation program issued by the MSEC (Article 11 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection disabled people in the Russian Federation ").

5) the right to drive a vehicle is granted to persons who have reached a certain age after appropriate training and passing qualifying exams (Article 24 of the Federal Law "On Safety road traffic"Dated 10.12.95 No. 196-FZ);

6) the pilot-in-command must have a valid certificate (license) of the pilot (pilot) (paragraph 1 of Article 57 of the Air Code of the Russian Federation).

According to Art. 65 of the Labor Code of the Russian Federation it is forbidden to demand from the person applying for work, documents in addition to those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

On the basis of the Federal Law "On individual (personified) accounting in the state pension insurance system", the employee is obliged to inform the employer for the transfer to the Pension Fund of the Russian Federation the following information:

1) insurance number (if previously assigned);

2) surname, name and patronymic; the surname that the insured person had at birth;

3) date of birth;

4) place of birth;

6) address permanent place residence;

7) series and number of passport or identity card, date of issue these documents, on the basis of which the information specified in subparagraphs 1-6 of paragraph 2 of this article, the name of the issuing authority are included in the individual personal account;

8) citizenship;

9) phone number.

Rice. 30. Sample questionnaire of the insured person.

In case of loss of the insurance certificate of state pension insurance, the insured person working under an employment contract is obliged to apply to the employer within a month from the date of loss of the insurance certificate of state pension insurance with an application for its restoration. The employer must submit this application to the appropriate body of the Pension Fund of the Russian Federation together with a document confirming the insurance number of the individual personal account of the insured person.

Minors under the age of fourteen cannot be subjects of state pension insurance, with the exception of minors receiving a survivor's pension.

2.1.2. Individual identification number

As per requirement Tax Code RF (Federal Law No. 146-FZ of July 31, 1998) each taxpayer must be assigned an individual TIN identification number when registering it with tax authority(for an individual - at the place of residence).

After the completion of the registration procedure, the taxpayer is issued an appropriate certificate or notification in the forms established by the State tax service Russian Federation.

The certificate is applied in all cases stipulated by law and is presented together with a document proving the identity of an individual and his place of residence on the territory of the Russian Federation.

The certificate must be replaced in the event of an individual moving to a new place of residence in the territory under the jurisdiction of another state tax office, changes in the information provided in it, as well as in case of damage or loss.

2.1.3. Medical examinations

The lack of data on the passage of a medical examination may serve as a basis for refusing a citizen to hire.

According to Art. 213 of the Labor Code of the Russian Federation, medical examinations are required to pass the following categories of workers:

1) Workers engaged in heavy work and work with harmful and (or) dangerous conditions labor(including underground work), as well as work, related to traffic, undergo mandatory preliminary (upon admission to work) and periodic (for persons under the age of 21 - annual) medical examinations (examinations) at the expense of the employer to determine the suitability of these workers to perform the assigned work and to prevent occupational diseases. In accordance with medical recommendations, these workers undergo extraordinary medical examinations (examinations).

2) Employees of organizations Food Industry, Catering and trade, water supply facilities, treatment-and-prophylactic and children's institutions, as well as some other organizations undergo the specified medical examinations (examinations) in order to protect public health, prevent the occurrence and spread of diseases.

3) Harmful and (or) hazardous production factors and work, during the performance of which preliminary and periodic medical examinations (examinations) are carried out, and the procedure for their conduct are determined by regulatory legal acts approved in the manner established by the Government of the Russian Federation.

4) If necessary, by decision of the authorities local government in some organizations may be introduced additional conditions and indications for medical examinations(surveys).

5) Employees carrying out certain types of activities, including those associated with sources of increased danger(with the influence of harmful substances and unfavorable production factors), as well as those working in conditions of increased danger, pass, mandatory psychiatric examination at least once every five years in the manner established by the Government of the Russian Federation.

In addition to the above categories of workers, they must undergo a medical examination before concluding an employment contract:

1) persons under the age of eighteen, who in the future are subject to mandatory annual medical examination before reaching eighteen years at the expense of the employer (Articles 69 and 266 of the Labor Code of the Russian Federation);

2) employees involved in work on a rotational basis(in the absence of contraindications to such work) (Article 298 of the Labor Code of the Russian Federation); - workers arriving to work in the Far North and equivalent areas (if there is a medical certificate that there are no contraindications);

3) employees hired for work directly related to the movement Vehicle(Article 328 of the Labor Code of the Russian Federation);

4) employees of organizations in the food industry, public catering, trade, medical and prophylactic and children's institutions (Article 213 of the Labor Code of the Russian Federation);

5) employees engaged in work related to the production and circulation food products, the provision of services in the field retail food products, materials and products in the field of public catering and during which direct contacts of workers with food products, materials and products are carried out (Article 23 of the Federal Law "On the quality and safety of food products" dated 02.01.00 No. 29-FZ);

6) employees upon admission to work related to the storage of chemical weapons, their transportation and destruction (Federal Law "On the Destruction of Chemical Weapons" dated 02.05.97 No. 76-FZ);

7) workers at work with toxic chemicals related to chemical weapons (Article 2 of the Federal Law "On social protection of citizens employed in work with chemical weapons" dated 07.11.00 No. 136);

8) applicants for the position of a judge (Article 4.1 of the Federal Law of the Russian Federation "On the status of judges in the Russian Federation dated 26.06.92 No. 3132-1".

The procedure for conducting mandatory preliminary and periodic medical examinations of employees is provided for by a special Regulation approved by order of the Ministry of Health of the Russian Federation of December 10, 1996 No. 405 and order of the Ministry of Healthcare of the Russian Federation of March 14, 1996 No. 90.

2.2. An employment contract concluded for an indefinite period

2.2.1. The employee is accepted in the order of transfer

An employee is accepted as a transfer from another employer as agreed between employers. In this case, a probationary period is not established (Fig. No. 31),

Rice. 31. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work in the order of transfer as agreed between employers.

Once the employee is hired for an indefinite period, then in the order (order) for hiring in the column "Hire by" - the date is not put down. A dash shall be put in the column "with a trial period".

Rice. 32. A sample order for employment for an indefinite period in the order of transfer as agreed between employers.

In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name, position (work), specialty, profession, indicating qualifications. In this case, it is necessary to indicate that the employee is accepted (appointed) in the order of transfer and from which organization(fig. 33).

Fig. 33. A sample of an entry in an employee's work book, accepted in the order of transfer by agreement between employers.

2.2.2. An employee is hired for an indefinite period of time with a probationary period

Rice. 34. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work with a trial period.

In the order (order) for employment (Fig. 35) in the column "To hire by" - the date is not put down. In the column "with a probationary period" the term of probation is entered in accordance with the employment contract.

Rice. 35. Sample order for employment for an indefinite period with a trial period.

In the work book of the employee, in column 3 of the section "Information about work", the full name of the enterprise is indicated in the form of a title, as well as, if available, the abbreviated name of the organization.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. 36).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 36. A sample of an entry in the workbook of an employee accepted for an indefinite period.

2.2.3. An employee is hired part-time, part-time, part-time

According to Art. 93 of the Labor Code of the Russian Federation, by agreement between the employer and the employee, part-time or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), a person caring for a sick family member according to the medical report.

With the establishment of part-time work for one rate, several employees can be hired. However, if the work is related to material responsibility then it is not advisable to hire two workers.

In addition, in the case of part-time work, the duration of the working day (shift) should not be less than 4 hours and working week- less than 20-24 hours, respectively, with a five- and six-day week.

The remuneration of an employee is accepted for work on a part-time basis and is made in proportion to the time worked by him or depending on the amount of work performed by him.

Part-time work does not entail any restrictions on the duration, calculation of length of service and other labor rights for employees.

2.2.3.1. The employee is hired part-time

Rice. 37. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work with part-time work.

Rice. 38. Sample order for employment for an indefinite period with part-time work.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 39).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 39. An example of an entry in the work book of an employee hired for an indefinite period of time with part-time work.

2.2.3.2. The employee is hired with a part-time work week

Rice. 40. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work with a part-time work week.

Rice. 41. Sample order for employment for an indefinite period with a part-time work week.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 42).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 42. An example of an entry in the work book of an employee accepted for a part-time work week.

2.2.3.3. The employee is hired part-time

Rice. 43. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work with a part-time work week.

Rice. 44. Sample order (instruction) for hiring part-time work.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 45).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 45. An example of an entry in a work book for a part-time job.

2.3. An employment contract concluded for a specified period

An employee is hired for a certain period of time to replace a temporarily absent employee who retains a job in accordance with the law:

The period when the employee is on maternity leave;

The period of an employee on parental leave until he reaches the age of 3 years (Fig. 46);

When an employee is sent by an employer to improve his qualifications with a break from work (Article 187 of the Labor Code of the Russian Federation).

2.3.1. An employment contract concluded for a specified period for the period when the employee is on parental leave until he reaches the age of 3 years

Rice. 46. A sample of an employment contract, concluded with an employee for a specified period, hired to replace a temporarily absent employee.

In the order (order) for employment in the column "Hire for work" indicates the date of the end of the fixed-term contract (Fig. 47).

Rice. 47. A sample order (instruction) for employment on fixed-term contract to replace a temporarily absent employee.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 48).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 48. An example of an entry in the workbook of an employee, accepted for a certain period of time to replace a temporarily absent employee, who retains a job.

2.3.2. An employment contract concluded for a specified period for the duration of temporary (for up to two months)

Rice. 49. A sample of an employment contract concluded with an employee for a specified period (up to two months).

Rice. 50. Sample order (instruction) for employment under a fixed-term employment contract for a period of up to two months.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 51).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 51. A sample of an entry in an employee's work book, taken for a certain period of time for the time of execution of temporary (for a period of up to two months).

2.3.3. An employment contract concluded for a specific period for the time of seasonal work

An employee is hired for a certain period of time for seasonal work (when, due to natural conditions, work can only be done for a certain period of time - a season) (Fig. No. 52).

Rice. 52. A sample of an employment contract concluded with an employee for an indefinite period, accepted for work during seasonal work.

Rice. 53. Sample order for employment for a specific period for the period of seasonal work.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 54).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

A sample of filling out a work book

Fig. 54. An example of an entry in the workbook of an employee, accepted for a certain period of time for the duration of seasonal work.

2.3.4. An employment contract concluded for a specified period for performance certain work

An employee is hired for a certain period:

For the period of work that goes beyond the normal activities of the organization (reconstruction, installation and other work), as well as for work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;

In organizations created on the basis of certain period time or to perform known work;

To carry out a deliberately certain work in cases where its completion (completion) cannot be determined by a specific date (Fig. 55).

Rice. 55. A sample of an employment contract, concluded with an employee for a certain period, accepted for work to perform a certain work in cases where its performance (completion) cannot be determined by a specific date.

Rice. 56. A sample order of employment for an indefinite period for the performance of a known job in cases where its performance (completion) cannot be determined by a specific date.

Further, a record of employment is entered into the work book, for which the number of the entry to be made is put in column 1, and the date of employment is indicated in column 2. In column 3, an entry is made on the acceptance or appointment to the structural unit of the enterprise, indicating its specific name (if the condition for work in a specific structural unit is included in the employment contract as essential), the name of the position (work), specialty, profession with an indication of qualifications (Fig. . 57).

Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired.

Hello! Today we'll talk about hiring on a fixed-term employment contract. The specifics of such an agreement are spelled out in detail in the Labor Code, but despite this, when hiring new employees for a period, the company often makes mistakes. In order to avoid litigation and fines, the employer should understand all issues in detail.

What is a fixed-term employment contract

Fixed-term employment contract - a common type of agreement between an employer and an employee, when, for certain reasons, these relations have an agreed expiration date, as opposed to the usual one.

Download the form, a sample of a fixed-term employment contract
Download Sample order for employment under a fixed-term employment contract

Fixed-term and unlimited contracts - what is the difference

For ease of comparison, we present the data in the form of a table:

Index	Perpetual TD	Urgent TD
Validity	Has no expiration date	Maximum five years. The term can be indicated by a date or an event (exit of a permanent employee, end of temporary work). In addition, it is added to the order
Reason for imprisonment	Not specified	Necessarily prescribed in the order
Employee task	The employer constantly assigns new tasks	The task is one-time and specific
Employee's social guarantees	Provided by the Labor Code (sick leave, vacation, etc.)	Similar to BTC, if at the time of the warranty period, the STD has not yet expired
State attitude	Perceived as a guarantee of stable income for the population and prosperity of the economy	Possible source of risk in the form of employer abuse. Maximum

However, the employer is not always free to choose which type of contract to offer to the applicant, since in some points the law requires the conclusion of a STD, and in some it makes such a step on the part of the employer possible, but not mandatory.

In what cases is it obligatory to issue an employee according to STD

There are types of work, the nature and conditions of which involve the conclusion of an employment contract for a limited period. Most often this is due to natural or seasonal characteristics, as well as the inability to know the end date of the activity.

Let's list the main cases:

During the absence of a permanent employee (for example, due to maternity leave);
When sending an employee to work abroad;
When an athlete is temporarily transferred to another employer;
If the employing organization itself is created temporarily to solve a specific problem;
For activities that are not typical for the organization;
For seasonal work;
For temporary work (up to two months);
For work in connection with professional activity / internship;
For persons sent to public works;
If the employee is a vice-rector of a higher educational institution;
If citizens are doing alternative civilian service;
When elected for a fixed term as a member of an elected body.

In what cases it is possible, but not necessary, to issue an employee under the STD

The optional STD is called "by agreement of the parties."

The employer can conclude it with persons in the following circumstances:

Small businesses with a staff of no more than thirty-five people;
Employee retirement age, as well as if, on the prescription of a doctor, he can only be in temporary work;
Work in the Far North and is associated with moving there;
To eliminate the consequences of catastrophes, epidemics, accidents, as well as prevent these events;
People of creative professions (cinematographers, media journalists, theater and circus artists);
Full-time employee at an educational institution;
Crew members of sea and river vessels;
Managers, their deputies and chief accountants of enterprises, regardless of the form of ownership and activities of the company;
Part-timers;
Deputy positions of scientific and pedagogical staff in a higher educational institution;
Persons invited to a coaching position to prepare wards for the competition.

In all other cases (their overwhelming majority), the law prescribes the hiring of workers only under an indefinite employment contract.

How to properly apply for a job on STD

So, if the employer is convinced that the case with his future employee falls under one of the above points, the question arises of competent employment, including the correct filling of all documents. In general, employment under the STD does not differ from the traditional one, but it has several features.

In both cases, for employment, the employee must bring the following documents to the personnel department:

Passport or other identity document;
Labor book (if the job is the first, the employer, according to the law, has no right to ask the employee to bring an empty book, since it is a document of strict accountability. It must be kept by the employer himself);
Insurance certificate of state pension insurance (SNILS);
Military registration documents - for persons liable for military service;
Educational or qualification document;
Police clearance certificate.

Strictly by Labor Code the employer has no right to ask the employee INN, as well as registration at the place of residence, but they are often needed and therefore requested. As for medical books, their need is determined by the nature of the employee's activity (trade, education, catering and others).

After the employee has provided the documents, the next multi-stage stage begins - its registration personnel service organizations. At this stage, there are a number of nuances inherent in STD.
Let's consider them in the table:

Stage no.	Document	Filling feature	Important to remember
	Application for a job	Compiled by hand on paper. Its appearance is at the discretion of the organization.	It is not a required document. If available, it is stored in the employee's personal card
	Labor contract	An indispensable condition - the contract must indicate the expiration date of its validity. It must also provide the basis for its conclusion.	If the term is not specified, in the eyes of the law, the contract will automatically become indefinite. Even if the deadline is indicated in the order for employment
	The order of acceptance to work	A printed form T-1 (for one person) or T-1a (for several) is to be completed. In the cell "date" 2 dates are entered - "from" and "to"	It is imperative to mark the event as the end of the contract if its calendar date is unknown. For example, "upon completion of picking apples in the orchards"
	Employment history	An appointment for a job does not differ from an appointment with a BTC - "temporality" is not reflected in any way	"Urgency" will be reflected later, upon dismissal, through a record mentioning the expired contract
	Employee's personal card	The card has unified form T-2	After reading the entry in the work book and personal card, the employee signs on the 2nd and 3rd pages of the card
	Add. agreement to an employment contract	Optional stage. Drawn up if the STD has expired, but both parties want to extend the employment relationship	In this case, the contract is transformed into an unlimited

Without fail, even before signing the contract, the employee must familiarize himself with the internal labor regulations, his job description, and also confirm his acquaintance with a signature in the corresponding journal.

Employment contract, order and employment history are recorded in the relevant logs by an employee of the personnel department.

What probationary period can be set at STD

As you know, with a normal employment contract, the probationary period cannot exceed three months (or six months in the case of the position of a manager or chief accountant). However, with STD, the conditions are somewhat different, given the possible short duration of the work.

Unless otherwise specified, the probationary period remains the standard - up to three months;
If the TD is issued for a period of two to six months, then the duration of the test cannot exceed two weeks;
If the contract is concluded for a period of less than two months, then the test is not carried out.

So, we have sorted out the key issues on a fixed-term employment contract. Let's hope that the information received will allow employers to better navigate this difficult issue and even more confidently lead their enterprise to success.