A fixed-term employment contract is concluded on the initiative. How and with whom you can conclude a fixed-term employment contract. Prolongation by agreement of the parties

Fixed-term employment contract - with whom can you conclude it and on what conditions? These questions are relevant for all participants in labor relations. Unlike an indefinite one, a contract concluded for an agreed period expires at a specified moment or upon the occurrence of certain events. The reader will learn more about the list of persons with whom urgent labor relations can be formalized by reading the publication.

Fixed-term employment contract: signs and cases of conclusion

Legal regulation of issues related to the execution of the type of contracts under consideration is carried out in accordance with the Labor Code of the Russian Federation.

Art. 59 of the Labor Code of the Russian Federation provides that fixed-term contracts have the following features:

They are concluded for a certain period, which may be limited by a calendar date or a moment characterized by circumstances (events) specified in the agreement. Read about the differences between a fixed-term contract and an unlimited one.
At the end of the specified period and in the absence of proposals from the employer to extend it, the contract is deemed to have expired.
Depending on the term of the contract, the probationary period may be minimal, up to 2 weeks, or not apply at all, for example, if the agreement is valid for up to 2 months (Article 70 of the Labor Code).

Note that if the agreement does not contain an indication of its time-limited effect, as well as in cases where the stipulated period exceeds 5 years, then the contract is considered concluded on an unlimited basis.

In what cases is it established by law that a fixed-term employment contract is concluded, and not an indefinite one

The legislator in Art. 59 of the Labor Code of the Russian Federation directly enshrined cases of execution with an employee of an agreement providing for a limited period of validity. The law establishes that a fixed-term employment contract is concluded:

to impose on the accepted employee the duties of an employee who is absent from work for a long time, in cases where the employer, by virtue of the law, is obliged to keep the job for such an employee (for example, in case of illness);
urgent work (up to 2 months);
performance of work with a characteristic sign of seasonality, which, due to climatic features, can only be carried out in the relevant season, and the agreement concluded for such work is terminated at the end of the season;
if necessary, perform labor duties abroad (as a rule, the term of the agreement corresponds to the time spent outside the Russian Federation);
carrying out works that are not part of the main activity of the organization related to the expansion of production capacities or an increase in volumes, as well as the implementation of other activities (repair, commissioning and other types of work);
when the employer is a legal entity created for a limited period to carry out certain work (the agreement is limited to such a period, and it ceases to be valid at the time of the termination of the organization's activities, provided there is no legal succession);
when accepting an employee for an internship, for training in a specialty or for practice;
hiring an employee to perform a specific job, including in cases where the deadline for its performance cannot be determined at the time of the conclusion of a fixed-term contract;
the direction of the employee by the employment center for public and other works of a temporary nature;
issuing a referral to alternative civilian service;
election of a citizen to an elective position in government bodies, political, public and other associations.

With which persons is a fixed-term employment contract

At the legislative level, the categories of persons are fixed, in the presence of an agreement with whom it is permissible to conclude a fixed-term contract, regardless of the conditions and nature of the duties performed. By virtue of para. 2 tbsp. 59 of the Labor Code of the Russian Federation, such persons include:

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citizens who apply for work for individual entrepreneurs or in small organizations, the staff of which does not exceed 35 people (20 people for employers in the field of trade and the provision of personal services);
pensioners who, by virtue of the law or for medical reasons, are admitted only to temporary work;
employees who are accepted in organizations operating in the Far North, subject to relocation;
employees involved in work aimed at preventing epidemics, accidents and other disasters, and, if necessary, to eliminate the consequences of such incidents;
passed the competition for filling a vacant position;
workers in creative professions, including the media, theaters, circuses and others (the list of professions classified as creative is approved by the Government of the Russian Federation);
organizations included in the management, including managers, their deputies and chief accountants;
full-time students;
members of the crew of ships of various types of navigation;
involved in part-time work.

The legislator may additionally provide for other categories of persons with whom, with the appropriate consent, it is permissible to conclude a fixed-term contract. In particular, to such persons by virtue of Art. 348.2 of the Labor Code of the Russian Federation also includes athletes and coaches of sports teams.

Who cannot enter into a fixed-term employment contract

A fixed-term contract is a type of contract concluded with an employee for an indefinite period, in connection with which the restrictions in force by law apply to both types of agreement.

In particular, it is impossible to conclude a fixed-term contract with persons under 16 years of age (the exception is the categories of professions directly provided for by law). In addition, only capable persons can act as employees; in some cases, it is possible to admit persons with limited legal capacity, if the conditions and nature of work are safe both for the employee himself and for those around him.

At the same time, the analyzed type of contract is characterized by an additional condition, in the absence of which the conclusion of such an agreement is unacceptable. This condition is the consent of the employee. In the absence of his consent regarding the period for which the contract is concluded, the contract is concluded for an indefinite period or not at all.

Features of the conclusion and termination of a fixed-term employment contract

The procedure and consequences of signing a fixed-term contract are almost identical to those that take place when an agreement with an employee is concluded that does not provide for its validity period. An exception is the indication of the reason for the conclusion of the analyzed type of contract, for example, the performance of work depending on climatic conditions (seasonal), and its validity period. Please note that an entry is made in the work book according to the general rule without indicating the type of agreement drawn up.

Such a contract is terminated due to the expiration of the validity period in the manner provided for in Art. 79 of the Labor Code of the Russian Federation. The legislator does not restrict the employee and employer in the application of any grounds for termination provided for indefinite employment contracts. In particular, termination is permissible at the initiative of the employee or employer, by agreement of the parties, until the end of the specified period.

A sample of a fixed-term contract can be studied by reading

In conclusion, we note that employers have the right to exercise the right to conclude a fixed-term employment contract only in situations specified by law and with specific groups of persons with their consent. Such conditions are aimed at protecting the interests of workers' rights, since the conclusion of a fixed-term employment contract is a convenient tool for unscrupulous employers.

There are situations when a person can only get a job temporarily. For example, to replace an employee who has gone on vacation or for seasonal activities. For these cases, the law provides for the conclusion of a fixed-term employment contract. We will tell you how it differs from the indefinite one, what features are there at the conclusion, and we will give an actual sample of 2019.

A fixed-term employment contract is a temporary employment agreement between an employer and an employee. It is concluded for a specific period and only on objective grounds, when it is not possible to conclude an unlimited contract.

The types of labor agreements are described in article 58 of the Labor Code of the Russian Federation.

The grounds for concluding a temporary labor agreement are of two types: unconditional (part 1 of Article 59 of the Labor Code of the Russian Federation) and by mutual agreement between the employee and the employer (Part 2 of Article 59 of the Labor Code of the Russian Federation).

For how long can you conclude a fixed-term employment contract

The legislation indicates the maximum period of validity of this document. A fixed-term employment contract is concluded for a period not exceeding 5 years. If a longer term is prescribed in the contract, the document is legally considered indefinite.

Article 58 of the Civil Code of the Russian Federation, which regulates, among other things, the period of validity of a fixed-term employment contract, explains that it is concluded when "labor relations cannot be established for an indefinite period, taking into account the nature of the job ahead or the conditions for its performance." The legislation does not provide for the minimum duration of a fixed-term contract.

Reasons for terminating the contract

Grounds for terminating a temporary employment agreement:

Expiration (performance of a specific job or seasonal work, exit from vacation of a permanent employee, etc.)

Mutual agreement between the employee and the employer.

An event entailing the automatic termination of the contract. For example, conscription for military service, death of an employee, natural disaster, etc.).

Dismissal under a fixed-term employment contract

Termination of a temporary employment contract occurs on the same grounds as for an indefinite one. As a rule, this is an initiative of one of the parties. For example, an employee may voluntarily resign due to retirement, poor health, or other personal reasons.

The employer has the right to dismiss an employee for the following main reasons:

Liquidation of company;

staff reduction;

repeated failure of the employee to fulfill his duties, truancy and other serious violations of labor discipline.

3 days before the end of the contract or its termination, the employer is obliged to provide the employee with a written notice and receive the signature of the dismissed. If this is not done, then the employment relationship automatically receives the status of an indefinite one.

Only in one case, notification is not needed: when the contract does not specify the end date, but the condition - the main employee's exit to work.

An employee dismissed before the end of the contract is entitled to severance pay in the amount of two weeks' wages. If the dismissal was due to a layoff, then the employee is paid a two-month allowance.

According to labor law, you cannot dismiss:

a pregnant woman before the end of her pregnancy;

a woman raising a child up to 3 years old;

single mother with children under 14 years of age;

a person taking care of children without a mother.

Prolongation of a fixed-term employment contract

A temporary employment agreement can only be extended for one reason: if the employee is pregnant. In all other cases, the wording “change of the term” is used or a new contract is concluded.

By mutual agreement of the parties, three days before the expiration of the previous temporary contract, a new one is concluded. Another option is to invite an employee to a permanent job and sign an open-ended employment agreement.

A fixed-term contract automatically becomes indefinite if the employee has not received a notice of termination 3 days before the expiration date, or both parties have forgotten about the termination period.

Rights and obligations of employees

The Labor Code of the Russian Federation emphasizes that a fixed-term employment contract in terms of rights and guarantees is no different from an ordinary open-ended contract. The employee has the right to leave, adequate wages, severance pay upon dismissal.

Probationary period under the terms of a fixed-term employment contract

In a fixed-term employment relationship, the probationary period has some conditions.

For persons employed for a period of 2 to 6 months, the probationary period is 2 weeks. For managers, deputies and accountants - six months. For civil servants - from 1 month to 1 year.

Article 70 of the Labor Code of the Russian Federation stipulates the categories of persons for whom a probationary period is not assigned. This list includes:

employees who have formalized labor relations for up to 2 months;

pregnant women;

women raising a child up to 1.5 years old;

minors (under 18);

conscripts of alternative civilian service;

Pros and cons of concluding a fixed-term employment contract

Pros for the employee: employment, salary, paid vacation and sick leave, severance pay upon dismissal.

Minus: the dismissal will come anyway and after a certain period of time you will have to look for work again.

For the employer, the plus is that there is no need to expand the staff, but you can solve all the difficulties with an increase in production or seasonal work by concluding a fixed-term contract. However, there is another convenient way to cut staff and avoid hiring additional employees. This is the transfer of part of routine and paperwork to outsourcing. The service will save you from a bloated staff - you will only have to pay for the services actually rendered.

Fixed-term employment contract 2019 sample

A document on a temporary employment agreement contains the same information as a regular employment contract: the subject of the contract, the rights and obligations of the parties, working and rest conditions, social guarantees, etc.

When drawing up, be extremely careful. The document must necessarily contain:

1. Grounds for conclusion

2. The term for the termination of the employment relationship. It is recorded either by a specific date or by a condition. For example: “Before Svetlana Petrovna Ivanova goes to work”.

Without these two clauses, a fixed-term employment contract will be considered invalid.

To conclude a fixed-term employment contract, an employee must provide:

work book (if this is not a primary admission to work);

military ID (for those liable for military service);

certificate of education (diploma, certificate, etc.), if the position held requires qualifications.

The employer may require other documents as well. For example, a medical book when applying for a job at a retail outlet.

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Example: you are the owner of a strawberry farm. You have 15 hectares of land on which you need to set up beds, fertilize, plant strawberries, take care of them every day in order to get a good harvest in the end. One, of course, cannot cope, we need helpers. Hundreds of people are rushing to you in a crowd who want to help for a purely symbolic and modest monetary reward.

You are happy to accept offers, but the question arises: how to properly formalize short-term industrial relations with people? After all, you will need their services only for the summer period, and what if one of them does not want to quit in the fall, directly declaring: no, give me a salary now all the time!

Link to the basis of the conclusion

When drawing up a fixed-term employment contract, it is imperative to indicate for what reason the contract of limited duration is concluded.

If there are no grounds for its conclusion in the text of the document, then by the court it can be recognized as indefinite ( Art. 58 of the Labor Code of the Russian Federation).

It is also necessary to indicate the end date or designate an event that means the end of work ( Art. 294 of the Labor Code of the Russian Federation).

This is especially important in a situation when an employee is hired to replace a temporarily absent one. In this case, the moment of termination of the contract is determined by the moment the main employee leaves, and this must be directly indicated in the text.

Test for a fixed-term employment contract

A sample of a short-term employment contract with an employee may also contain a test condition, the duration of which depends on the term of the employment contract. If the period is less than two months, the probationary period is not established ( Art. 70 of the Labor Code of the Russian Federation).

If the duration of the temporary contract is between two and six months, the trial cannot exceed two weeks ( Art. 70 of the Labor Code of the Russian Federation).

If an employment contract is concluded for 6 months or more, then the duration of the test, as with the conclusion of an open-ended contract, is limited to 3 months, and for executives - 6.

Paperwork

The procedure for documentary support of the employee's activities as a whole does not depend on the term of the contract concluded with him. But there is still one peculiarity.

When such an employee is hired, an order is drawn up in the form of T1 or another, independently developed and approved by the employer, which necessarily reflects that the contract is concluded for a specific period, and a link is given to the basis of such a decision (one of the paragraphs Art. 59 of the Labor Code of the Russian Federation).

Upon dismissal, an entry is made in the employee's work book of the form:

“... terminated due to the expiration of the employment contract, paragraph 2 of part one Article 77 of the Labor Code of the Russian Federation».

A similar mark is made in the employee's personal card.

Fixed-term employment contract and pregnancy

Yes, it also happens ... In this case, the employer, in accordance with article 261 of the Labor Code of the Russian Federation, you will have to demand (but very gently!) from the employee an appropriate medical certificate confirming her interesting condition, and extend the temporary agreement until the end of the pregnancy, that is, in fact, before delivery. When she gives birth to a baby, you can say goodbye to her, but until that moment you can't.

Variants are also possible. If, instead of a pregnancy certificate, a girl brings a form of a temporary disability sheet established by law, where pregnancy is indicated in the justification for its issuance, as well as a statement of the desire to go on paid leave (it does not matter at all how long she worked for you, at least a week), the employer will have to prepare and sign the corresponding order. Because, in accordance with article 260 of the Labor Code of the Russian Federation, before maternity leave (or after it), the employer is obliged to provide the woman with annual paid leave, regardless of the time she worked for him.

Therefore, it turns out that instead of three summer months, some legally literate girls can hold out on temporary work longer.

Difficulties also arise in a situation when, on the date of the end of the contract, the employee is on sick leave. It is well known that termination of an agreement with a sick employee at the initiative of the employer is not allowed. But the expiration of the term is not an initiative of the management, therefore, it is quite legitimate to dismiss such an employee, the main thing is to comply with the procedure.

Prolongation of a fixed-term employment contract

As such, the procedure for extending the STD is not described, which invariably raises questions about the possibility of increasing (or reducing) its duration.

On the one hand, such a contract either terminates on a predetermined day of its expiration, or becomes indefinite if the employee continues to work.

On the other hand, the legislation does not prohibit the employee and the employer, as parties to labor relations, to conclude additional agreements if it is necessary to change the terms of the contract, including with respect to its term.

Temporary employee dismissal rules

In accordance with Article 79 of the Labor Code of the Russian Federation, a fixed-term contract ends with the expiration of its validity period, this is an independent basis for terminating working relations.

The main steps to dismiss a temporary worker are as follows:

If they want to transfer an employee to a permanent job in the organization, then nothing needs to be done. STD automatically becomes indefinite if the employment relationship continues after the date of its termination in force Art. 58 of the Labor Code of the Russian Federation... But it is not forbidden (and even recommended by Rostrud) to conclude an additional agreement in which to cancel the points indicating the duration of the STD.

The company can hire employees either permanently or for a strictly limited period. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of the particular hiring and the specifics of the organization's work, a fixed-term employment contract is concluded either taking into account the assigned work (part 1 of article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the head and employee (part 2 of article 59 of the Labor Code of the Russian Federation).

When you do not need to obtain employee consent

The Labor Code provides for certain categories of employees who can be hired only for a time when a fixed-term employment contract is mandatory, in other words, when an indefinite contract cannot be concluded.

So, for example, it will be illegal to hire an employee who, for health reasons, is allowed only temporary work, or a general director, if the company's constituent documents provide that an employment contract with him is concluded for a certain period (part 1 of article 275 of the Labor Code RF).

The lack of consent of the employee in this case means that the employment contract will not be concluded at all. In other words, if the employee does not agree to sign a temporary contract, the company will not have an obligation to conclude an open-ended contract (as will happen if a fixed-term employment contract is signed by agreement of the parties - see below).

Cases when a temporary contract can be concluded without the consent of the employee

A fixed-term employment contract is concluded in cases where either the specifics of the work or the conditions for its implementation do not allow hiring an employee on a permanent basis (part 1 of article 59 of the Labor Code of the Russian Federation). At the same time, in the contract itself, it is mandatory to indicate how long a fixed-term employment contract is concluded. The maximum contract term is five years.

The list of grounds for concluding a temporary contract is open and can be supplemented by grounds that will be further provided by the Labor Code of the Russian Federation or other laws.

Today it is:

replacement of a temporarily absent employee (as a rule, we are talking about a decree);
temporary work (no more than two months);
seasonal workers;
employees sent to work abroad;
employees hired for non-standard work for the organization (installation, reconstruction) or in the event of a temporary expansion of production;
the entire staff of employees hired by the company, created for a limited period or for performing specific temporary work (project work), incl. if the moment of completion of work cannot be determined in advance;
trainees and trainees;
filling an elective position;
workers assigned by the employment service for temporary (public) work;
alternative civil servants.

Agreement of the parties for a fixed-term employment contract

If there are no circumstances of the temporary nature of the work that would justify the urgency of the employment relationship, the employee and his manager can agree to sign a fixed-term employment contract - the Labor Code provides such an opportunity. This can be done, however, not always, but in strictly defined cases (part 2 of article 59 of the Labor Code of the Russian Federation):

hiring to a small business entity (the number of employees is less than 35, and when it comes to retail and consumer services - less than 20);
hiring retirees or employees who, for health reasons, are allowed only temporary work. It should be emphasized here that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, it is categorically impossible to "transfer" him to a fixed-term employment contract, it is illegal;
hiring an employee to the Far North, if it is planned to move him;
hiring employees by competition;
hiring creative workers (media, circuses, theaters, etc.);
hiring managers, their deputies and chief accountants of companies;
hiring full-time students;
hiring seafarers;
hiring part-time workers;
hiring employees to prevent emergency situations, accidents, epidemics and other similar events, as well as to eliminate the consequences of these events, if they have already occurred.

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract by agreement of the parties is voluntariness. This means that both the employee and his manager really prefer to limit the duration of their employment relationship and voluntarily refuse an open-ended employment contract.

The fact of voluntariness is confirmed by the signatures of the parties on the contract; a separate written agreement for a fixed-term employment contract does not need to be signed.

In the contract itself, it is necessary to emphasize that it is urgent, to confirm this with an appropriate basis (for example, by the fact that the employee is studying at a university on a full-time basis). It is necessary to make sure that the employee has a supporting document (training document, pension certificate, etc.).

Registration of a fixed-term employment contract

The fact of signing the contract must be recorded by an order (indicate in it the grounds for concluding a temporary contract), and a personnel worker must make a record of employment in the work book.

The term of the agreement must be fixed in it, otherwise the de jure agreement will be considered indefinite (part 3 of article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for fixed-term contracts (Chapter 13 of the Labor Code of the Russian Federation).

In the work book, unlike the order and the contract, it is impossible to indicate that the employee is temporarily hired by the company - neither the Labor Code, nor the Instructions for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be held administratively liable (

Employers often have situations where they have to hire workers to complete a specific task. Usually, in these cases, the director wants to hire people "for a while", that is, to conclude a fixed-term employment contract with them. But is it always possible to conclude fixed-term employment contracts? How to do it right? What wording should be in the contract and in the order for employment? The answers to these and other questions on fixed-term employment contracts are in our today's article.

What is the limitation of the use of a fixed-term employment contract

It is impossible to conclude a "temporary" (or, in legal terms, urgent) employment contract with an employee, guided only by the employer's desire. The list of cases in which the legislator allows you to draw up a fixed-term employment contract is given in the article of the Labor Code of the Russian Federation. This list is comprehensive. At the same time, the article of the Labor Code of the Russian Federation says that if a fixed-term employment contract is concluded, then in its text an indication of the circumstances (reasons) that served as the basis for the application of just such an agreement must be made.

Thus, it is possible to formalize temporary labor relations with an employee only in cases where it is directly permitted by the norms of the article of the Labor Code of the Russian Federation. For the sake of fairness, we note that the list of situations that are given in this article is quite long. Moreover, some of the items on the list are open, which makes it possible to further expand the scope of a fixed-term employment contract.

The list itself is divided into two parts. The first includes cases when a fixed-term employment contract can be concluded at the initiative of the employer. And the second part of the list lists situations when an agreement of the parties is required for the application of a fixed-term employment contract. Completing the description of the general rules that govern the conclusion of fixed-term employment contracts, we once again draw your attention to an extremely important norm. Even if the employee does not object to the temporary nature of the labor relationship, it is possible to include in the labor contract a condition on the duration of its validity only if it is expressly permitted by the norms of the article of the Labor Code of the Russian Federation.

Below we will dwell in more detail on the most common grounds from the first part of this list (that is, we will consider cases when a fixed-term employment contract can be concluded at the initiative of the employer).

Temporarily absent employee

Perhaps, in practice, the most common situation in which you can conclude an employment contract for a certain period is the hiring to perform the duties of a temporarily absent employee. In this case, the place of work is reserved for the “main” employee. But until he does his job, another person can be temporarily taken in his place (part 1 of article of the Labor Code of the Russian Federation, letter from Rostrud).

The Labor Code does not specify the reasons why the “main” employee may be absent from the workplace. Therefore, there can be absolutely any reasons. For example, temporary disability, leave (not only for childcare, but also annual paid or unpaid leave), temporary transfer to another job based on a medical certificate, performance of state or public duties by an employee, medical examination or advanced training with a break from work.

Let's note one more important point: it is impossible to draw up a fixed-term employment contract, according to which a “temporary” employee will replace several absent “main” employees one by one (for example, during their vacations). This is due to the fact that the article of the Labor Code of the Russian Federation provides for the execution of a fixed-term employment contract for the duration of the performance of the duties of an absent employee, that is, we are talking about a specific employee and the performance of his labor functions. Therefore, if it is necessary to organize a "safety net" for the period of vacations of the "main" employees, then each time you will have to draw up a new contract (ie, terminate a fixed-term employment contract when the "main" employee leaves and conclude a new one during the absence of another employee).

As noted above, on the basis of the article of the Labor Code of the Russian Federation, in a fixed-term employment contract, it is necessary to directly indicate that the contract is concluded for a time, and give the appropriate reason from the list established by the article of the Labor Code of the Russian Federation. In the case under consideration (when hiring for the duration of the performance of the duties of an absent employee), it is possible to recommend the following wording in the contract:

What to write in the contract and in the form No. T-1

The list of seasonal jobs, as well as their maximum duration, are established by industry agreements (part 2 of article of the Labor Code of the Russian Federation). Also, for these purposes, you can be guided by the List of seasonal work (approved by the decree of the NKT of the USSR) and other documents (for example, the decrees of the Government of the Russian Federation and the decree of the Council of Ministers of the RSFSR).

As you can see, in order to conclude a fixed-term employment contract on this basis, it is necessary that the seasonal nature of the work be officially confirmed. That is, the appropriate type of work must be included in the industry agreement or regulation. Moreover, the term of such an agreement cannot exceed the term of the season established by the same document.

At the same time, a probationary period for those who are hired for a period of up to two months is not assigned. If the employment contract is concluded for a period of two to six months, then the trial period can be up to two weeks (Article of the Labor Code of the Russian Federation).

What to write in the contract and in the form No. T-1

It should be noted in the employment contract that it is concluded for the season. Since the length of the season depends on natural and climatic conditions, it is not necessary to indicate a specific date for the end of the employment contract (part 4 of article of the Labor Code of the Russian Federation). Accordingly, the wording of an employment contract may be as follows:

The same wording must be transferred to the order for employment (form No. T-1). In this case, in the column "by" of this order, the expiration date of the employment contract can be designated not only by the specific date of the end of the season, but also by the occurrence of an event (for example, write "end of the season").

Work outside the usual activities of the employer

The next legal basis for concluding a fixed-term employment contract is the performance of work that goes beyond the normal activities of the organization.

Features of the conclusion of a fixed-term contract

If the employer enters into the work book data on the period for which the employment contract is drawn up, then this will be a violation of the procedure for maintaining work books, and may entail administrative liability under the article of the Code of Administrative Offenses of the Russian Federation.