In accordance with article 59. Fixed-term employment contract: what are its features. Mandatory conditions of an employment contract

Article 59. Fixed-term employment contract

• checked today
• code from 01/01/2020
• entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article of 09.11.2011 30.03.2008 06.10.2006 11.05.2004 01.02.2002

A fixed-term employment contract is concluded:

for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, the employment contract retains the place of work;

for the duration of temporary (up to two months) work;

to perform seasonal work, when, due to natural conditions, work can only be performed during a certain period (season);

with persons sent to work abroad;

to carry out work that goes beyond the usual activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons applying to work in organizations created for a predetermined period or to perform a predetermined work;

with persons hired to perform a deliberately certain work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional vocational education in the form of an internship;

in cases of being elected for a certain period of time to an elected body or to an elective position for a paid job, as well as entering a job related to the direct support of the activities of members of elected bodies or officials in public authorities and local self-government bodies, in political parties and others public associations;

with persons sent by the employment service bodies to work of a temporary nature and public Works;

with citizens sent for an alternative civil service;

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the retail and consumer services - 20 people);

with old-age pensioners entering work, as well as with persons who for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, only temporary work is allowed;

with persons applying to work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;

to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies;

with persons elected through a competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

with creative media workers mass media, cinematographic organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commissions for the regulation of social and labor relations;

with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;

with persons receiving education on a full-time basis;

with crew members of sea-going vessels, inland navigation vessels and vessels of mixed (river-sea) navigation, registered in the Russian International Register of Vessels;

with persons applying for a part-time job;

in other cases provided for by this Code or other federal laws.

Other section articles

Judicial practice under Art. 59 of the Labor Code of the Russian Federation

Amendments to Art. 59 of the Labor Code of the Russian Federation

References to Art. 59 of the Labor Code of the Russian Federation in legal advice

• Application of Art. 332 of the Labor Code of the Russian Federation
  

  21.09.2018 Alexander Georgievich, commentators say so because, in accordance with clause 5, part 2 Art. 59 of the Labor Code of the Russian Federation by agreement of the parties, a fixed-term employment contract may be concluded with persons selected through a competition to fill the relevant position held in

• extension of urgent etc.
  

  06.07.2018 such employment contract... The additional agreement must indicate such a reason for changing the term of the employment contract, which falls under the provisions Article 59 Labor Code RF... Since a fixed-term employment contract is concluded when labor Relations cannot be established indefinitely given the nature

• Fixed-term employment contract
  

  03.08.2016 good evening, Oksana. V Article 59 of the Labor Code of the Russian Federation it is said: with persons entering work in organizations created for a predetermined period or to perform a predetermined work; In your




18.07.2016 Good evening, Julia. V Article 59 of the Labor Code of the Russian Federation an exhaustive list of conditions under which it is possible to conclude fixed-term contract, in particular: By agreement of the parties, a fixed-term employment contract may be concluded




18.07.2016 the conclusion of a fixed-term employment contract, the inspection of the State Inspectorate will certainly ask questions and may issue an order to eliminate violations of the law. Watch part 2 Art. 59 of the Labor Code of the Russian Federation... By agreement of the parties, a fixed-term employment contract can be concluded: with managers, deputy managers and chief accountants of organizations, regardless

• Conclusion of a fixed-term employment contract
  

  01.12.2015 is a constant occurrence and a requirement for jobs, then in your case, most likely a violation has been committed. However, there is an exception to the rules that are given in Article 59 of the Labor Code of the Russian Federation where it says. that, by agreement of the parties, an employment contract may be urgent, in some cases, for example, when working for an entrepreneur with a small staff of workers




16.11.2015 question. In the employment contract, it will be said that it is urgent, indicating the date of entry into force of the contract and the expiration date, so what's the point of mentioning Article 59 of the Labor Code of the Russian Federation? As for your employee, who is a citizen of another country, if he works in the territory of the Russian Federation, he is fully covered by

• fixed-term employment contract
  

  24.06.2015 Good afternoon, Irina. A fixed-term contract can be concluded in many cases. The grounds for concluding a fixed-term employment contract are specifically indicated in Art. 59 of the Labor Code of the Russian Federation... In your case, perhaps we are talking about such grounds: for carrying out work outside the scope of the usual activities of the employer (reconstruction, installation

• fixed-term employment contract
  

  24.06.2015 is to perform certain works and it is the end of these works, which are accepted by the act of acceptance of the transfer and will be the final date of the end of the employment relationship. V Article 59 of the Labor Code of the Russian Federation a list of circumstances that qualify the signs of a fixed-term employment contract is presented. In your case, the organization is located in a different location

• employee rights
  

  18.05.2015 you are replacing a temporarily absent employee, a fixed-term employment contract must be concluded with you, and upon entering the work of the main employee, you have the right to be fired. V Art. 59 of the Labor Code of the Russian Federation: A fixed-term employment contract is concluded: for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation

• labor contract
  

  27.04.2015 the same employer should know that to conclude fixed-term employment contracts for those positions that do not have the signs of a fixed-term employment contract specified in Article 59 of the Labor Code of the Russian Federation, is prohibited, and Article 58 of the Labor Code of the Russian Federation establishes a direct prohibition on the conclusion of fixed-term contracts with signs of indefinite employment contracts. In this situation, I would you

• labor contract
  

  29.03.2015 is concluded for a certain period or for the performance of certain work, then this is a fixed-term employment contract. The reasons for which fixed-term contracts are concluded are stipulated in Article 59 of the Labor Code of the Russian Federation... In general, a fixed-term contract can be concluded for a maximum of five years. In your case, the contract is concluded for a month and then extended. In a similar situation

• transfer of an employee to a fixed-term employment contract
  

  19.03.2015 Good afternoon, Svetlana. The fact is that a fixed-term contract is concluded only in the cases that are indicated in Art. 59 of the Labor Code of the Russian Federation... For example, during the absence of the main employee, when performing seasonal work, for the duration of temporary work up to 2 months, etc. It means that

• Article 59 of the Labor Code of the Russian Federation indicates the reasons for concluding a fixed-term contract. if you can prove it in court. that your work is permanent and that your
• Fixed-term contract
  

  04.12.2014 established for an indefinite period. But if the employee agrees to a fixed-term contract, then it can be concluded without taking into account such a requirement and the conditions for performing the work. V Art. 59 of the Labor Code of the Russian Federation also indicated specific cases when a fixed-term employment contract may be concluded. I do not know in detail about the nature of the work of your store employees, but

• dismissal
  

  31.10.2014 cases are dismissed, because a fixed-term employment contract is concluded with such an employee for the duration of the performance of the duties of a temporarily absent employee in accordance with Article 59 of the Labor Code of the Russian Federation... In this situation, I would advise you the following. If you have in your office vacancies, then in order not to part with you, the employer must transfer you

• labor contract
  

  29.10.2014 is the volume of work increasing on a won tender or on a permanent basis? If employees are transferred temporarily, then a fixed-term employment contract is accordingly concluded ( Article 59 of the Labor Code of the Russian Federation). If employees are hired on a permanent basis, then a non-term employment contract is accordingly concluded (Article 58 of the Labor Code of the Russian Federation). If you have more questions, please contact

• fixed-term contract with the deputy head
  

  19.10.2014 are transferred to such a position on a permanent basis, then not a fixed-term employment contract should be concluded, but a fixed-term one, otherwise you will violate labor laws. Read Article 59 of the Labor Code of the Russian Federation, it indicates the case in which a fixed-term contract is concluded, if you do not find your circumstances there, then you need to conclude a completely different contract. What

• Dismissal of employees working under an indefinite employment contract
  

  16.10.2014 Valery. No, such a requirement is not legitimate. By agreement of the parties, they can conclude a fixed-term employment contract with old-age pensioners only when they start working ( Art. 59 of the Labor Code of the Russian Federation). But since you already work at this enterprise, no one can force you to leave and sign a fixed-term contract. Therefore, such a requirement is unlawful.

Commentary on Article 59

1. Article 59 is set out in new edition... Unlike the previous one, it contains two parts, each of which provides different kinds works (cases) for the performance of which a fixed-term employment contract is concluded with the employee.

Lists of works (cases) provided for in Part 1 and Part 2 of Art. 59 are not exhaustive. The Labor Code or other federal laws may provide for other cases when the conclusion of a fixed-term employment contract is either mandatory by virtue of the law, or is allowed by agreement of the parties to the employment contract. Since in Art. 59 we are talking about the Labor Code or other federal law, neither the law of the constituent entity of the Russian Federation, nor the decree of the President of the Russian Federation, nor the decree of the Government of the Russian Federation, nor any other subordinate normative legal act can establish any additional grounds (cases) for concluding a fixed-term employment contract.

2. Cases (types of work) listed in Part 1 of Art. 59, match general criterion conclusion of a fixed-term employment contract, formulated in Part 2 of Art. 58 TC. That is, all the cases listed in it determine the urgent nature of the labor connection.

In this regard, the conclusion of a fixed-term employment contract in those listed in Part 1 of Art. 59 cases is required. The wording of the commented norm does not imply a different solution, since in all these cases, based on the nature work ahead or the conditions for its fulfillment, the employment relationship cannot be established for an indefinite period. It should be noted that the previous version of Art. 59 provided the parties to an employment contract with the right to choose in determining its type. That is, in all cases provided for in it, both a fixed-term employment contract and an employment contract with an indefinite period could be concluded.

Part 1 of Art. 59 names 11 specific cases when a fixed-term employment contract is concluded with an employee.

These include:

1) for the duration of the duties of a temporarily absent employee. Such an employment contract is concluded when the place of work is retained for the absent employee in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, an employment contract (for example, while the employee is on a long business trip , on parental leave). The term of the employment contract in this case is made dependent on the time when the absent employee returns to the performance of his labor (official) duties. Since the law speaks of the temporary absence of an employee who retains a place of work (position), a fixed-term employment contract cannot be concluded to fulfill duties for a vacant position until another permanent employee is hired for this position;

2) to perform temporary (up to 2 months) work, as well as seasonal work, when, due to natural conditions, work can only be performed for a certain period (season), not exceeding, as a rule, 6 months (see comments to Art. 293).

The conclusion of a fixed-term employment contract for a period of up to 2 months is possible provided that the work is deliberately temporary, i.e. it is known in advance that it will last no more than 2 months (for example, at the time of preparing the annual report). At the same time, the agreement of the parties must determine the specific term of the employment contract within 2 months (3 weeks, 1 month, 1.5 months, etc.).

It will be illegal to conclude a fixed-term employment contract for a period of up to 2 months to perform work that is permanent for the employer.

The conclusion of a fixed-term employment contract for the performance of seasonal work is allowed, provided that these works are provided for by a special list of seasonal work. Lists of seasonal work, including individual seasonal work, which can be carried out during a period (season) exceeding 6 months, and the maximum duration of these individual seasonal work is determined by sectoral (intersectoral) agreements concluded on federal level social partnership (part 2 of Art. 293, see the commentary to it).

The conclusion of a fixed-term employment contract for a certain season to perform work not provided for by the named list will be considered illegal;

3) with persons sent to work abroad. In this case, it does not matter to which organization the employee is sent abroad. These can be diplomatic missions and consular offices of the Russian Federation abroad, as well as missions federal bodies executive and government agencies RF, commercial organizations, scientific and educational institutions, etc .;

4) to carry out work that goes beyond the usual activities of the employer, as well as to carry out work associated with a deliberately temporary (up to 1 year) expansion of production or the volume of services provided.

In this case, the employer's usual activities should be understood as such types of work that correspond to the main directions of the organization's activities, enshrined in its charter.

As an example of work that goes beyond the normal activities of the organization, the law names reconstruction, installation, commissioning. Depending on the nature (type) of the organization's usual activities, this may be other work, for example, repair, construction. However, in all cases, work that goes beyond the normal (main) activities of the organization, for the performance of which fixed-term employment contracts may be concluded, must be of a temporary (urgent) nature. Since the law does not establish any special deadline for which such an employment contract can be concluded, the term of an employment contract is determined in each specific case by agreement of the parties based on the specific circumstances and the period of time during which there is a need to perform work that goes beyond outside the normal activities of the organization. Here, the general rules on the deadline for the employment contract established by Art. 58 TC, i.e. 5 years.

Unlike an employment contract concluded for the performance of work outside the usual activities of the employer, the term of an employment contract concluded in connection with the need to temporarily expand production or the volume of services provided is limited. It cannot exceed one year. This is due to the fact that work under such an agreement is carried out in the framework of the organization's normal activities and the need to expand production or the volume of services provided is limited to certain time limits, known to the employer.

The specific term of the employment contract for the performance of work associated with a deliberately temporary expansion of production or the volume of services provided, within one year, is determined by agreement of the parties. For example, due to the increase in the number of tourists in the summer and the expansion of the volume of services provided, hotels, cafes, restaurants, transport organizations, etc. may employ an additional number of workers by concluding employment contracts with them for a certain period (1, 2, 3 months, etc.);

5) with persons applying to work in organizations created for a known period of time or for the performance of a known job.

The fact that an organization was created for a specific period or only to perform a specific work must be recorded in the charter of this organization. The charter of the organization also determines the specific period of time for which it was created or during which the work will be completed, the implementation of which is the purpose of creating the organization (for example, for 2, 3, 4 years).

The term of an employment contract with persons entering organizations created for a predetermined period of time or for the performance of a predetermined work is determined by the period for which such an organization was created. Therefore, the termination of the employment contract with the specified employees on the basis of the expiration of the term of the employment contract can be made if this organization really terminates its activities due to the expiration of the period for which it was created, or the achievement of the goal for which it was created, without transferring rights and obligations in succession to other persons (paragraph 14 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. N 2);

6) with persons accepted for the performance of knowingly certain work in cases where its performance (completion) cannot be determined by a specific date.

In these cases, the employment contract with the employees must indicate that it was concluded for the duration of this particular work (for example, for the period of office renovation, for the period of construction of the facility). End (end) said work will be the basis for termination of the employment contract due to the expiration of its validity period. At the same time, it should be borne in mind that if in the course of the trial it is established the fact of multiple conclusion of fixed-term employment contracts for a short period to perform the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period ( Clause 14 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2);

7) to perform work directly related to the internship or vocational training of the employee. In this case, the employment contract is concluded for the period of internship or vocational training.

An internship or vocational training of employees in an organization can be carried out both on the basis of an agreement with another organization that sent its employee for an internship or vocational training, and on the basis of an apprenticeship agreement concluded by the organization with the student himself (see commentary to Art. 198 - 208);

8) in the case of being elected for a specified term to an elected body or to an elective position for paid work. For example, for the post of dean of the faculty or head of the department of higher educational institution... According to Art. 332 of the Labor Code, these positions are filled on the basis of elections (see Articles 17, 332 of the Labor Code);

9) when applying for a job related to the direct support of the activities of members of elected bodies or officials in government bodies and local self-government bodies, in political parties and other public associations. In this case, it is said about the work related to the direct support of the activities of the members of these bodies or officials. This means that not all persons applying for work in these elected bodies can be concluded with a fixed-term employment contract. We are talking about contracts concluded for the performance of such work, which is directly aimed at ensuring the activities of members of the relevant elected bodies or officials (for example, work as an assistant, secretary, adviser to the governor; assistant, assistant to the chairman of the party).

The term of the employment contract in these cases is established by agreement of the parties within the term of office of the relevant elected body or official.

The early termination of the powers of certain bodies or officials should also entail the termination of employment contracts with persons hired to ensure these activities;

10) with persons directed by the bodies of the employment service to work of a temporary nature and public works. Such works are organized as additional social support for citizens, job seekers... The term of the employment contract for the performance of such work is determined by agreement of the parties.

If the work to which the citizen is directed by the body of the employment service is of a permanent nature, the conclusion of a fixed-term employment contract with him is not allowed;

11) with citizens sent for alternative civilian service. When concluding an employment contract with this category of citizens, it should be borne in mind that the status of citizens undergoing alternative civilian service is established by the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service" (SZ RF. 2002. N 30. Art. 3030) in accordance with the Constitution of the Russian Federation. Alternative civilian service is a special kind of labor activity in the interests of society and the state, carried out by citizens instead of conscription military service. The procedure for sending citizens to alternative civilian service is determined by the said Law, other federal laws, the Regulation on the procedure for passing alternative civilian service, approved. Decree of the Government of the Russian Federation of May 28, 2004 N 256 (SZ RF. 2004. N 23. Art. 2309), and other regulatory legal acts of the Russian Federation adopted in accordance with them.

The labor activity of citizens undergoing alternative civilian service is regulated by the Labor Code, taking into account the specifics provided for by the specified Federal Law.

In accordance with Art. 5 of this Law, the term of alternative civilian service is 42 months, and for citizens who graduated from state, municipal or state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education - 21 months. The term of alternative civilian service for citizens doing this service in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies is 36 months, and for citizens who have graduated from state, municipal or state accreditation in the relevant areas of training (specialties) non-state educational institutions of higher professional education - 18 months.

In accordance with the indicated terms, the term of the employment contract with citizens sent to undergo alternative civilian service is also determined. By concluding an employment contract, the parties are not entitled to establish another term for its validity.

3. Unlike part 1 of the commented article, according to which the conclusion of an employment contract for a certain period due to the nature of the work ahead or the conditions for its performance is mandatory, part 2 of the article provides a list of cases when the conclusion of a fixed-term employment contract is allowed by agreement of the parties ... Moreover, by agreement of the parties, a fixed-term employment contract in those listed in Part 2 of Art. 59 cases can be concluded without taking into account the nature of the work ahead or the conditions for its implementation. It should be borne in mind that such an agreement can be recognized as legitimate if there was an agreement between the parties, i.e. if it was concluded on the basis of the voluntary consent of the employee and the employer. If the court, when resolving a dispute on the legality of concluding a fixed-term employment contract, establishes that it was concluded by an employee involuntarily, the court applies the rules of the contract concluded for an indefinite period.

According to part 2 of the commented article, by agreement of the parties, a fixed-term employment contract can be concluded:

1) with persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people). It should be noted that in the previous edition these figures were 40 and 25 people, respectively.

The concept and types of small businesses are defined by Art. 3 of the Federal Law of June 14, 1995 N 88-FZ "On State Support of Small Business in the Russian Federation" (SZ RF. 1995. N 25. Art. 2343). In accordance with it, small businesses are understood as commercial organizations, in the authorized capital of which the share of participation of the Russian Federation, subjects of the Russian Federation, public and religious organizations (associations), charitable and other foundations does not exceed 25%, the share owned by one or several legal entities that are not small businesses does not exceed 25% and in which the average number of employees for reporting period does not exceed the following limit levels (small businesses):

In industry - 100 people;

In construction - 100 people;

Transport - 100 people;

V agriculture- 60 people;

In the scientific and technical sphere - 60 people;

V wholesale trade- 50 people;

In retail trade and consumer services - 30 people;

In the rest of the industries and in the implementation of other types of activities - 50 people.

Small businesses are also understood as individuals dealing with entrepreneurial activity without education legal entity.

Small businesses that carry out several types of activities (multidisciplinary) are classified as such according to the criteria of the type of activity, the share of which is the largest in the annual volume of turnover or annual volume of profit. The average number of employees of a small enterprise for the reporting period is determined taking into account all its employees, including those working under civil law contracts and part-time, taking into account the actual hours worked, as well as employees of representative offices, branches and others. separate subdivisions the specified legal entity;

2) with retirees entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature.

It is necessary to pay attention to what the law says about old-age pensioners who start work, that is, those who for the first time or again (after dismissal) conclude an employment contract with this employer. In this regard, the employer is not entitled, including with the consent of an employee who is in an employment relationship with him and has reached retirement age, to renegotiate an employment contract concluded with this employee for an indefinite period into a fixed-term employment contract. It should be borne in mind that the number of old-age pensioners includes persons who have reached retirement age and who, in accordance with the pension legislation, have been assigned an old-age pension. If a citizen has reached the age necessary for the appointment of a pension, but in accordance with the pension legislation has not acquired the right to it or the pension has not been assigned to him for any other reason, he cannot be considered a pensioner and, therefore, the rules for concluding a fixed-term employment contract provided for by the commented the norm, it should not be applied.

The fact that an employee for health reasons can perform work of an exclusively temporary nature must be established by a medical report. A medical opinion of this kind has the right to issue only that body or institution to which such a right is granted (for example, institutions of medical and social expertise).

The term of the employment contract is determined in this case based on the duration that, according to the medical opinion, is allowed for this employee in accordance with his state of health. The employer does not have the right, at his own discretion, to establish for the employee the term of the employment contract for a longer or shorter duration than that prescribed by the medical opinion;

3) with persons applying for work in organizations located in the regions of the Far North and areas equated to them, if this is associated with moving to the place of work. Since the law connects the possibility of concluding a fixed-term employment contract with these persons with their relocation to their place of work in organizations located in the Far North and equivalent areas, this rule should not apply to citizens permanently residing in these areas and localities. A fixed-term employment contract is concluded with them on the grounds specified in Part 1 of Art. 59, by agreement of the parties in the cases specified in part 2 of the same article (for example, when applying for a part-time job), as well as in other cases provided for by the Labor Code or other federal laws.

The list of regions of the Far North and equivalent areas was approved by the Resolution of the Council of Ministers of the USSR dated November 10, 1967 N 1029 (SP USSR. 1967. N 29. Art. 203) and is valid today as amended by Resolutions of the Council of Ministers of the USSR of January 3, 1983 N 12 (SP USSR. 1983. N 5. Art. 21) with additions and changes introduced by the legislation of the Russian Federation;

4) to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies (for example, to eliminate the consequences of a flood, fire). Since the law does not establish a minimum or maximum period for which an employment contract can be concluded under these circumstances, it is determined by agreement of the parties. If the term of the employment contract does not exceed 2 months, the resulting employment relationship is regulated taking into account the specifics established by Ch. 45 of the Labor Code (see comments to Art. 289 - 292);

5) with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, professional athletes in accordance with the lists of jobs, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. To date, such lists have not been approved;

6) with heads, deputy heads and chief accountants of organizations. At the same time, it does not matter what is the organizational and legal form and form of ownership of these organizations - joint-stock company, society with limited liability, state unitary enterprise, etc.

The term of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code, set out in a new edition, is determined by constituent documents organization or by agreement of the parties. That is, by agreement of the parties, the term of the employment contract with the head of the organization is determined in the event that it is not established by the constituent documents of the organization. It should be noted that according to the previous edition of Part 1 of Art. 275 of the Labor Code, the conclusion of a fixed-term employment contract with the head of the organization was mandatory;

7) with persons studying on a full-time basis;

8) with persons applying for part-time work (for the procedure and conditions for concluding an employment contract for part-time work, see the commentary to Articles 282 - 288).

4. In addition to the cases directly provided for by Part 2 of Art. 59, the conclusion of a fixed-term employment contract by agreement of the parties is also allowed in other cases provided for by the Labor Code or other federal law. So, in accordance with Art. 332 of the Labor Code, set forth in the new edition, by agreement of the parties, fixed-term employment contracts may be concluded for the replacement of positions of scientific and pedagogical workers in a higher educational institution. According to the previous version of this article, the conclusion of a fixed-term employment contract (for a period of up to 5 years) with these employees was mandatory.

5. In accordance with the general rules for concluding a fixed-term employment contract, established by Art. 58 of the Labor Code, a fixed-term employment contract can be concluded either 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 (part 1 of article 59), or by agreement of the parties without taking into account the above circumstances in cases stipulated by the Labor Code or other federal law (part 2 of article 59). However, in some cases, the Labor Code provides for the conclusion of a fixed-term employment contract without taking into account these general rules. So, according to Part 14 of Art. 332 TC, a fixed-term employment contract is concluded with the vice-rectors of a higher educational institution. The aforementioned norm is set forth in an imperative form, therefore, the conclusion of a fixed-term employment contract with these employees is mandatory by virtue of a direct prescription of the law. However, neither in nature nor in terms of performance, work as a vice-rector of a higher educational institution does not apply to work for the performance of which an employment contract cannot be concluded for an indefinite period. Thus, having provided for the obligation to conclude a fixed-term employment contract with the vice-rectors of a higher educational institution, the legislator has shown a clear inconsistency in the regulation of the relations in question (see commentary to Art. 332).

The text of article 59 of the Labor Code of the Russian Federation in the new edition.

A fixed-term employment contract is concluded:
for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained;
for the duration of temporary (up to two months) work;
for seasonal work, when, due to natural conditions, work can only be performed during a certain period (season);
with persons sent to work abroad;
to carry out work that goes beyond the usual activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with persons applying to work in organizations created for a predetermined period or to perform a predetermined work;
with persons accepted for the performance of a knowingly certain work in cases where its completion cannot be determined by a specific date;
to perform work directly related to practice, vocational training or additional vocational education in the form of an internship;
in cases of being elected for a certain period of time to an elected body or to an elective position for a paid job, as well as entering a job related to the direct support of the activities of members of elected bodies or officials in public authorities and local self-government bodies, in political parties and other public associations;
with persons sent by the bodies of the employment service to work of a temporary nature and public works;
with citizens sent for alternative civilian service;

By agreement of the parties, a fixed-term employment contract may be concluded:
with persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
with retirees entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;
with persons applying to work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;
to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies;
with persons elected through a competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;
with creative workers of the media, cinematographic organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations;
with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;
with persons receiving education on a full-time basis;
with crew members of sea-going vessels, inland navigation vessels and vessels of mixed (river-sea) navigation, registered in the Russian International Register of Vessels;
with persons applying for a part-time job;
in other cases provided for by this Code or other federal laws.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 59 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. The commented article in the new edition consists of two parts.

It is necessary to be guided by the fact that the legislator, in the light of the Federal Law of June 30, 2006, provides for the conclusion of a fixed-term employment contract 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. These cases are indicated in Part 1 of Art. 59. This list open.

Part 2 of Art. 59 lists the cases of concluding a fixed-term employment contract by agreement of the parties.

This article states that such an agreement is concluded to replace a temporarily absent employee, for whom, in accordance with the law, a place of work is retained.

The legislator lists the cases in which a place of work (position) is retained for an employee who is absent from work. So, for example, an employee retains a place of work when he is granted parental leave until he reaches the age of three years (see article 256 of the Labor Code and a commentary to it) or for the period of employee participation in a strike (see article 414 of the Code and a commentary to it).

§ 2. A fixed-term employment contract is not concluded with all employees of organizations located in the Far North, but only with those who have moved to their place of work from other regions of Russia.

§ 3. Fixed-term employment contracts may be concluded with seasonal workers. Seasonal works are those that are performed during a certain period (season), but not more than six months due to natural and climatic conditions.

§ 4. An employment contract may be concluded for a specified period (up to two months). Persons who have entered into such an agreement are recognized as temporary workers.

§ 5. A fixed-term employment contract is concluded with persons entering organizations - small businesses with up to 35 employees (in the organization of retail trade and consumer services - up to 20 employees). In this case, it should be borne in mind that small businesses are understood as commercial organizations, as well as individuals engaged in entrepreneurial activities without forming a legal entity (see Federal Law of June 14, 1995 "On State Support of Small Business in the Russian Federation" (SZ RF. 1995 N 25. Art. 2343), as amended by the Federal Law of February 2, 2006).

§ 6. In accordance with part 2 of this article, fixed-term employment contracts may be concluded with students, post-graduate students enrolled in full-time education.

§ 7. According to the current labor legislation, fixed-term employment contracts can be concluded with scientific, pedagogical and other categories of workers based on the results of a competition (see Art. 332 of the Labor Code and a commentary to it).

§ 8. A fixed-term employment contract takes place when hiring, for example, persons for the performance of a known job in cases where its performance (completion) cannot be determined by a specific date; persons assigned to temporary work by the employment service, including the conduct of public works.

§ 9. A fixed-term employment contract may be concluded upon the election of an employee for a specified term to an elected body or to an elective position for paid work.

§ 10. Fixed-term employment contracts are also concluded with persons assigned to work abroad, concurrently. Given in parts 1 and 2 of Art. 59 of the Labor Code, the list of cases of concluding fixed-term employment contracts is open, since it also refers to other cases provided for by federal laws. For example, the heads of consumer cooperation organizations created by consumer societies or unions are appointed to office for a period of up to five years (see the Law of the Russian Federation of June 19, 1992 "On consumer cooperation (consumer societies, their unions) in the Russian Federation" (as amended by March 21, 2002) // Bulletin of the RF Armed Forces. 1992. N 30. Art. 1788).

§ 11. When concluding a fixed-term employment contract with persons applying for work in organizations created for a deliberately defined period of time or for the performance of deliberately defined work (paragraph 9 of Art. 59 of the Labor Code), the term of the employment contract is determined by the period for which such an organization was created ... Therefore, the termination of an employment contract with these employees on the basis of the expiration of the term of the employment contract can be made if this organization really ceases its activities due to the expiration of the period for which it was created, or the achievement of the goal for which it was created, without transferring rights and obligations by way of succession to other persons (Article 61 of the Civil Code of the Russian Federation).

If a fixed-term employment contract was concluded for the performance of a certain work in cases where its performance (completion) cannot be determined by a specific date (paragraph 10 of article 59 of the Labor Code), such an agreement by virtue of Part 2 of Art. 79 of the Code is terminated upon completion of this work.

When establishing in the course of court proceedings the fact of multiple conclusion of fixed-term employment contracts for a short period to perform the same job function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period.

The next comment to Article 59 of the Labor Code of the Russian Federation

If you have questions about art. 59 TC, you can get legal advice.

1. The urgent nature of an employment contract is determined by three groups of circumstances: 1) the conclusion of a fixed-term contract is mandatory by virtue of a direct indication of the law; 2) the urgent nature of the contract is dictated by circumstances of an objective nature, the presence of which excludes the possibility of concluding an employment contract for an indefinite period; 3) a contract for a specified period may be concluded at the initiative of one of the parties or their joint initiative.

The list of grounds stipulating the necessity or possibility of concluding a fixed-term employment contract is open. But given that it is supplemented exclusively by the state, and at a level not lower than the federal law, in this sense the list is closed, it cannot be expanded in the manner of collective-contractual or individual-contractual regulation. In other words, no one, except the state, and at the level of federal law, has the right to recognize this or that circumstance as a fundamental reason for concluding a fixed-term employment contract.

2. All grounds for concluding a fixed-term employment contract can be grouped into three groups, due to: 1) personality traits ( legal status) an employee or employer; 2) limited time due to certain circumstances of the labor activity, for the performance of which the employee is involved; 3) the place of employment of the employee.

3. Part 1 of the commented article contains a list of circumstances, in the presence of which a fixed-term employment contract must be concluded. In other words, the conclusion of a fixed-term employment contract is determined not by the discretion (initiative) of the parties, but by the presence of objective circumstances that do not depend on their will.

This provision of the law raises at least two problems.

The first one boils down to the question of what consequences the absence in the text of the employment contract as a written document of an indication of the urgent nature of the employment contract can lead to. If we approach this problem formally, then the employment contract should be considered concluded for an indefinite period (part 3 of article 58 of the Labor Code). However, it should be borne in mind that in the case under consideration, the employment contract is by its nature urgent and, therefore, cannot exist after the end of the circumstance that caused its conclusion. It seems that in this case one should proceed from the presence of agreement of the parties regarding the urgent nature of the employment contract, even if this agreement was reached not directly, but indirectly, in the form of a silence. Accordingly, at the end of the circumstances that served as the basis for the conclusion of a fixed-term employment contract, the latter must be terminated in the manner prescribed by Art. 79 TC.

The second problem comes down to determining the term for which an employment contract is concluded in the presence of the circumstance specified in part 1 of the article being commented on. As noted, the legislator, when formulating a list of such circumstances, proceeds from the fact that they objectively dictate the urgent nature of the employment contract, regardless of the will of its parties. Accordingly, the term of the employment contract is determined objectively and is limited by the time of existence of a particular circumstance. In other words, when concluding a fixed-term employment contract in accordance with Part 1 of the commented article, the contract must be concluded according to the general rule for the entire period of existence of the circumstance that objectively caused the conclusion of a fixed-term employment contract, but no more than as established by law deadline... For a period of less duration than the action of the specified circumstance, the contract can be concluded only at the reasoned request of the employee.

4. Part 2 of the commented article formulates a range of circumstances in the presence of which a fixed-term employment contract can be concluded by agreement of the parties. This wording of the legislator means that a fixed-term employment contract is concluded only with the will of the parties. In this case, the parties have the right to conclude an agreement both for an indefinite and for a specific period. In the latter case, any term of the employment contract may be established within the maximum term established by law. The type of the employment contract should be indicated in the text of the employment contract; the reason for the conclusion of a fixed-term employment contract; its validity period (indicating a specific date or circumstances, the occurrence of which causes the termination of the employment contract). Failure to comply with these requirements is fraught, in the event of a dispute, with the recognition of the employment contract as concluded for an indefinite period.

In this regard, the RF Armed Forces reasonably indicates that in accordance with Part 2 of Art. 58 of the Labor Code in the cases provided for in Part 2 of the commented article, a fixed-term employment contract may be concluded without taking into account the nature of the work ahead and the conditions for its implementation. It should be borne in mind that such an agreement can be recognized as legitimate if there was an agreement between the parties, i.e. if it is concluded on the basis of the voluntary consent of the employee and the employer. Accordingly, if the court, when resolving a dispute about the legality of concluding a fixed-term employment contract, establishes that it was concluded by an employee forcibly, the court applies the rules of the contract concluded for an indefinite period (clause 13 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2 "On the application courts of the Russian Federation of the Labor Code of the Russian Federation ").

I. A. Gavrikova, senior scientific editor of the journal "Salary"

Summer is the time for vacations, seasonal and temporary work. During this period, fixed-term employment contracts are most often concluded. What are their features compared to perpetual contracts? What do employees and employers gain and lose when concluding a fixed-term employment contract? You will find answers to these and other questions in the article.

Labor legislation provides for two types of employment contracts. According to part 1 of article 58 of the Labor Code of the Russian Federation, contracts can be concluded:

For undefined period;

for a certain period, but not more than five years. Let's talk more about a fixed-term employment contract.

When they conclude

In some cases, the nature of the work ahead or the conditions for its implementation do not allow formalizing an employment relationship with an employee for an indefinite period. Therefore, a fixed-term employment contract is concluded with him.

The grounds for concluding a fixed-term employment contract are listed in part 1 of Article 59 of the Labor Code. And in part 2 of article 59 of the Labor Code of the Russian Federation, cases are spelled out when a fixed-term employment contract can be concluded by agreement of the parties (see table below). At the same time, the list of grounds for establishing the term of labor relations is exhaustive. This is also stated in the letter of Ros-Labor dated 12/18/2008 No. 6963-TZ.

Table.

* The list of works, professions, positions of creative workers is approved by the decree of the Government of the Russian Federation of April 28, 2007 No. 252.

If, when registering an employment relationship, the indicated grounds are absent, the employer cannot conclude a fixed-term employment contract with the employee. Otherwise, for labor dispute this fact will qualify as a violation of the employee's rights. In addition, it is impossible to conclude fixed-term employment contracts multiple times without a temporary break, if it comes to the performance of employees of the same job function. This, in particular, is stated in paragraph 14 of the Resolution of the Plenum of the RF Armed Forces dated March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution No. 2). Taking into account the circumstances of the case, such contracts may be deemed concluded for an indefinite period.

We draw up a fixed-term employment contract

Now let's move on directly to the registration of a fixed-term employment contract. As mentioned above, it is only if there are grounds established by the Labor Code or other federal law. Therefore, when drawing up a contract, it is necessary to indicate for what reasons it is concluded with an employee for a certain period. This requirement is set out in paragraph 4 of part 2 of article 57 of the Labor Code of the Russian Federation.

Mandatory conditions of an employment contract

A fixed-term employment contract, like any other, must contain mandatory conditions. According to part 2 of article 57 of the Labor Code, these are:

place of work;

labor function;

start date of work;

salary;

operating mode;

compensation;

the nature of the work;

condition on compulsory social insurance, etc.

How to determine the terms of the contract

The term of the employment contract is probably one of the most important points of this document. If it were not for him, the contract would not be considered urgent. Therefore, we will pay special attention to it. How to formulate a term condition? It all depends on the circumstances of the conclusion of the contract. Let's consider them.

The expiration date of the agreement has been determined. If a specific date has been set when the term of the employment contract expires, it must be recorded in the document. Recall that a fixed-term contract can be concluded for a period not exceeding five years.

In particular, the expiration date of a fixed-term employment contract is indicated in the case when an employing organization is created to perform specific work. Accordingly, employees will be hired for a period not exceeding their duration. This also applies to seasonal jobs (if a specific end date of the season is known) and elective positions.

Consider how a deadline record can be formulated, using an example.

Example 1

L. D. Smekhov got a job at Veselye Gorki LLC (an amusement park) as a janitor. The park is open to visitors from May 1 to October 1. The employer entered into a fixed-term employment contract with him for the period of the park's operation. How to reflect the term condition in the document?

Solution

The clause of the contract, which spells out the term for its validity, will look like this:

"2. Contract time

2.3. The contract is concluded for five months for the period of operation of the amusement park from May 1 to September 30.

The expiration date of the agreement has not been determined. In some cases, it is impossible to determine the end date of the employment contract. Here are some typical situations when a condition on its validity period is prescribed in the contract, and not a specific date. So, the conclusion of a fixed-term employment contract is possible:

• in connection with the departure of the employee on maternity leave and parental leave;

illness of an employee;

• performance of seasonal work.

In these cases, the expiration of the term of the employment contract is associated with a specific event, for example, with the return of an employee to work after a long illness. In this regard, Resolution No. 2 provides the following explanations. If a fixed-term employment contract is concluded for the performance of a certain work, and the exact date of its completion is not known, the contract terminates upon completion of this work by virtue of part 2 of article 79 of the Labor Code.

Example 2

Confectioner P.L. Pryanishnikov was admitted to LLC Vanil for the time the pastry chef V.A. Kalacheva course of treatment in the hospital since August 1, 2010. With P.L. Pryanishnikova signed a fixed-term employment contract. How will the condition on the term of the contract be spelled out, if it is not known exactly when V.A. Kalacheva will return to her workplace?

Solution

In an employment contract with P.L. Pryanishnikova should have the following wording:

"2. Contract time

2.1. The Agreement shall enter into force from the date of its conclusion by the Employee and the Employer (or from the date of the actual admission of the Employee to work with the knowledge or on behalf of the Employer or his representative).

2.3. The contract was concluded for the period of temporary incapacity for work of the pastry chef V.A. Kalacheva, who retains her workplace.

2.4. The term of the contract is determined until the return of the main employee V.A. Kalacheva.

2.5. If the main employee V.A. Disability with limited ability to work or dismissal. The employer extends this agreement with the substitute Employee for an indefinite period. "

Probation

Can I install probation when concluding a fixed-term employment contract? It all depends on how long and for what work the employee is hired.

Seasonal work... When concluding an employment contract for the duration of seasonal work, a probationary period of more than two weeks cannot be established (Article 70 of the Labor Code of the Russian Federation). In this case, the condition of seasonality must be included in the text of the contract in accordance with article 294 of the Labor Code.

Temporary jobs... When a fixed-term contract is drawn up for the duration of temporary work (up to two months), a probationary period is not established (Article 289 of the Labor Code of the Russian Federation).

Other works... When concluding an employment contract for a period of two to six months, the test cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

Recall that according to article 70 of the Labor Code of the Russian Federation, a test for hiring is also not established:

• pregnant women and women with children under the age of one and a half years;
• persons elected through a competition for filling the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

under the age of 18;

• graduated from educational institutions of primary, secondary and higher vocational education with state accreditation and for the first time applying for a job in their specialty within one year from the date of graduation educational institution;

elected to an elective position for a paid job;

• those invited to work by way of transfer from another employer as agreed between employers;
• to other persons in cases stipulated by the Labor Code, other federal laws, collective agreements.

The trial period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other isolated structural units organizations - six months, unless otherwise provided by federal law.

We draw up a fixed-term employment contract

Let's go directly to the design of the document. As we noted above, all prerequisites must be included.

Particular attention should be paid to the reasons why a fixed-term employment contract is concluded and the timing of its termination. Let's take an example of the preparation of this document.

Example 3

Civil engineer E.V. Nezabudkin was hired by Project-Design LLC, created specifically to serve the Sportlantis international youth sports games, planned in Volgograd in August 2010. Preparations for them began in January 2010, construction works to be completed on July 15, 2010. The organization will operate until July 31, 2010. With E.V. Forget-me-nots need to conclude a fixed-term employment contract for the period of existence of this organization. How to compose it?

Solution

The fixed-term contract is listed below.

Employment record for employment

According to clause 4 of the Rules for maintaining and storing work books, the production of work book forms and the provision of employers with them, approved by the decree of the Government of the Russian Federation of 04.16.2003 No. 225, information about the employee, the work performed by him, transfer to another permanent job, dismissal is entered in the work book, and the grounds for termination of the employment contract are indicated and entered information about rewarding for success in work.

Accordingly, if a fixed-term employment contract is concluded with an employee for any period, it is necessary to make an entry about this in the work book or start a new one, if there is none. The employer must make a record of employment in the work book of the conscript, if he has worked for him for more than five days and this work is the main one for this employee. This is the requirement of clause 3 of the Rules for maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04.16.2003 No. 225.

However, this does not mean that it is necessary to indicate in the work book that it is a fixed-term employment contract that has been concluded. Also, attention is not focused on the fact that an employee, for example, replaces an absent specialist. It is enough to make a standard entry, for example: "Hired for the position of a mechanic", indicating the serial number of the entry, date, as well as the details of the order of employment. This, in particular, is stated in the letter Federal Service on labor and employment from 06.04.2010 No. 937-6-1.

Leave of a conscript worker

An employee who has entered into a fixed-term employment contract in general order annual paid leave is provided with the preservation of the place of work and earnings (Article 114 of the Labor Code of the Russian Federation). Its duration is at least 28 calendar days per working year (Article 115 of the Labor Code of the Russian Federation). If the employee has worked for less than a year, the duration of the vacation is calculated in proportion to the time worked.

The right to use leave for the first year of work arises for the employee after six months of his continuous work with the given employer (part 2 of article 122 of the Labor Code of the Russian Federation).

Leave payment is made based on the average wage, which is calculated according to the rules established in article 139 of the Labor Code, as well as in the Regulations on the specifics of the procedure for calculating the average wages, approved by Decree of the Government of the Russian Federation of 12.24.2007 No. 922.

In accordance with part 1 of Article 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, on the basis of his written application, may be granted unpaid leave for the duration established by the labor legislation of the Russian Federation and the employer's internal labor regulations.

Prolongation of a fixed-term employment contract

In what cases can a fixed-term employment contract be extended? Let's consider several situations.

Mandatory prolongation of the contract

The validity of a fixed-term employment contract in mandatory can be extended only in one case - when it coincides with the period of pregnancy of the employee. In this situation, the employer is obliged to extend the term of the employment contract until the end of the pregnancy. This is stated in part 2 of article 261 of the Labor Code.

The employee must submit a written application and bring medical certificate confirming the state of pregnancy.

Prolongation by agreement of the parties

Part 4 of Article 58 of the Labor Code states the following. In the event that none of the parties demanded termination of the fixed-term employment contract due to the expiration of its validity period and the employee continues to work, the condition of the urgent nature of the employment contract becomes invalid. After that, the employment contract is considered concluded for an indefinite period. Do I need to document the fact of changing the status of a fixed-term contract to an unlimited one?

In fact, the change in the status of the contract occurs automatically. After that, the labor law provisions apply to the conscript employee, which are provided for employees who have entered into open-ended employment contracts. For example, such an employee can no longer be dismissed on the basis of the expiration of the employment contract (clause 2 of article 77 of the Labor Code of the Russian Federation).

However, in this case, it is desirable to draw up a number of documents. Such recommendations are given in the letter of Rostrud dated 20.11.2006 No. 1904-6-1.

First of all, this is an additional agreement to the employment contract. In it, you can give the following wording: "State paragraph No. ... in the following edition:" This employment contract is concluded for an indefinite period. "

Fixed-term contract with a pensioner

Often employers enter into fixed-term contracts with retirees. At the same time, many believe that this is the only form of relationship with this category of workers. However, it is not. The Decision of the Constitutional Court of 15.05.2007 No. 378-O-P states that when concluding an employment contract with a pensioner, the term can be set only by agreement of the parties. A similar conclusion is contained in paragraph 13 of Resolution No. 2.

Consequently, it is possible to conclude employment contracts with retired workers for an indefinite period. There is also no need to fire an employee who has received the status of a pensioner and conclude a fixed-term contract with him. He can continue to work on the basis of a previously concluded open-ended contract.

Termination of a fixed-term employment contract

An employment contract with a conscript employee is terminated due to the expiration of its validity period. This is stated in part 1 of article 79 of the Labor Code of the Russian Federation. The procedure for terminating a fixed-term employment contract is regulated by article 79 of the Labor Code of the Russian Federation. The employee is notified of the termination of the employment contract upon expiration in writing at least three calendar days prior to dismissal. Only in the case when a fixed-term contract is concluded with an employee for the period of replacement of an absent specialist, the employer may not warn him in advance.

The notice is drawn up in any form. In it, you need to prescribe the termination date of the contract and the justification (for example, in connection with the completion of work).

Dismissal order

After the employee is notified of the end of the employment contract and there are no obstacles to its termination, the manager issues an order to dismiss the employee. For this, there are two unified forms No. T-8 and T-8a (in case of dismissal of several employees), which are approved by the decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and remuneration."

A fixed-term employment contract can also be terminated on the general grounds established in Article 77 of the Labor Code of the Russian Federation, namely:

• by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
• the employee's initiative (Article 80 of the Labor Code of the Russian Federation);
• the employer's initiative (Article 81 of the Labor Code of the Russian Federation).

Employment record

On the day of termination of the employment contract, the employee must be handed a work book (part 4 of article 84.1 of the Labor Code of the Russian Federation).

According to clause 5.2 of the Instructions for filling out work books, approved by the decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69, upon termination of an employment contract on the grounds provided for by article 77 of the Labor Code of the Russian Federation, a record of dismissal is made in the work book with reference to the corresponding paragraph of this article.

On a note

When to fire an employee if a fixed-term employment contract is terminated on a holiday or weekend? According to article 14 of the Labor Code of the Russian Federation, the day of expiry of the term of the employment contract, if the last day is a non-working day, the next working day following it is considered.

In the event of the dismissal of a conscript employee, when making an entry on the termination of a fixed-term employment contract, it is necessary to refer to paragraph 2 of part 1 of article 77 of the Labor Code of the Russian Federation. The wording will look like this: "Fired due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation."

After receiving the work book, the employee must sign in the book of work books and inserts to them in the form approved in Appendix 3 to the decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69, and on the last page of the personal card, the unified form of which No. T-2 was adopted by the decree Goskomstat of Russia dated 05.01.2004 No. 1.

If the temporary disability coincided with the expiration of the fixed-term contract

If the employee is on sick leave at the moment when his contract expires, the fixed-term employment contract is not renewed. An employee is dismissed for general reasons. However, the sick leave must be paid. The employer is obliged to this by article 183 of the Labor Code of the Russian Federation. It says that in the event of temporary disability, the employer pays the employee a temporary disability benefit in accordance with federal laws.

In turn, paragraph 2 of Article 5 of the Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" states that temporary disability benefits are paid to insured persons not only during the period of work on labor the agreement, but also in cases where the disease or injury occurred within 30 calendar days from the date of termination of its validity.

Taxation and dismissal payments

Labor legislation instructs the employer on the last working day of the employee to pay him wages for hours worked (Article 140 of the Labor Code of the Russian Federation) and compensation for unused vacation(part 1 of article 127 of the Labor Code of the Russian Federation). It is permissible to establish other payments in a collective or labor agreement.

So, in part 4 of article 178 of the Labor Code, it is said that labor or collective agreements can establish not only the payment of severance payments not provided for in parts 1-3 of article 178 of the Labor Code of the Russian Federation, but also increased severance payments.

The employee is paid upon dismissal wage for the time worked, and in some cases - severance pay.

The first two payments are taxed:

• insurance premiums (clause 1 of article 7 of the Federal Law of July 24, 2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, the Fund social insurance Russian Federation, Federal Compulsory Medical Insurance Fund and Territorial Compulsory Medical Insurance Funds ").

The amounts of wages and compensation are included in the taxpayer's expenses for labor remuneration (part 1 of article 255 of the Tax Code of the Russian Federation).

Wages are subject to contributions for injuries (clause 3 of the Rules for calculating, accounting and spending funds for compulsory social insurance against industrial accidents and occupational diseases, approved by the Government of the Russian Federation of 03/02/2000 No. 184).

Compensation is not subject to contributions for injuries (clause 1 of the List of payments for which insurance premiums are not charged in the FSS of Russia, approved by Decree of the Government of the Russian Federation of 07.07.99 No. 765).

Severance pay within the limits is not subject taxation of personal income tax, insurance premiums (subparagraph "d", clause 2, part 1 of article 9 of the Federal Law of July 24, 2009 No. 212-FZ), is not subject to injury contributions (clause 1 of the List of payments for which insurance premiums are not charged to the Social Insurance Fund Russia), reduces the taxable base for income tax as part of labor costs (clause 9 of article 255 of the Tax Code of the Russian Federation).

In accounting, wages, severance pay and compensation for unused vacation refer to expenses for ordinary activities (clause 5 of PBU 10/99).

The accrual and payment of them to the employee is reflected in the following entries:

DEBIT 20 (23, 25, 26, 29, 44) CREDIT 70- accrued payments to the employee upon dismissal;

DEBIT 70 CREDIT 68 subaccount "Payments for personal income tax"- withholding personal income tax from payments that are subject to this tax;

DEBIT 70 CREDIT 50 (51)- issued (listed) payments to the employee.

Features of termination of an employment contract with seasonal workers are discussed in the article "Dismissal of a seasonal worker // Salary, 2010, No. 7". Samples of filling out documents are also given there. - Note. ed.

Article 59. Fixed-term employment contract

• checked today
• code from 01/01/2020
• entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article of 09.11.2011 30.03.2008 06.10.2006 11.05.2004 01.02.2002

A fixed-term employment contract is concluded:

for the duration of the duties of an absent employee, for whom, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, the place of work is retained;

for the duration of temporary (up to two months) work;

to perform seasonal work, when, due to natural conditions, work can only be performed during a certain period (season);

with persons sent to work abroad;

to carry out work that goes beyond the usual activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;

with persons applying to work in organizations created for a predetermined period or to perform a predetermined work;

with persons hired to perform a deliberately certain work in cases where its completion cannot be determined by a specific date;

to perform work directly related to practice, vocational training or additional vocational education in the form of an internship;

in cases of being elected for a certain period of time to an elected body or to an elective position for a paid job, as well as admission to work related to the direct support of the activities of members of elected bodies or officials in public authorities and local self-government bodies, in political parties and other public associations;

with persons sent by the bodies of the employment service to work of a temporary nature and public works;

with citizens sent for alternative civilian service;

By agreement of the parties, a fixed-term employment contract may be concluded:

with persons applying for work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);

with retirees entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, are allowed to work exclusively of a temporary nature;

with persons applying to work in organizations located in the regions of the Far North and equivalent areas, if this is associated with moving to the place of work;

to carry out urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergencies;

with persons elected through a competition to fill the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms;

with creative workers of the media, cinematographic organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, in accordance with the lists of works, professions, positions of these workers approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations;

with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;

with persons receiving education on a full-time basis;

with crew members of sea-going vessels, inland navigation vessels and vessels of mixed (river-sea) navigation, registered in the Russian International Register of Vessels;

with persons applying for a part-time job;

in other cases provided for by this Code or other federal laws.

Other section articles

Judicial practice under Art. 59 of the Labor Code of the Russian Federation

Amendments to Art. 59 of the Labor Code of the Russian Federation

References to Art. 59 of the Labor Code of the Russian Federation in legal advice

• Application of Art. 332 of the Labor Code of the Russian Federation
  

  21.09.2018 Alexander Georgievich, commentators say so because, in accordance with clause 5, part 2 Art. 59 of the Labor Code of the Russian Federation by agreement of the parties, a fixed-term employment contract may be concluded with persons selected through a competition to fill the relevant position held in

• extension of urgent etc.
  

  06.07.2018 such an employment contract. The additional agreement must indicate such a reason for changing the term of the employment contract, which falls under the provisions Article 59 of the Labor Code of the Russian Federation... Since a fixed-term employment contract is concluded when an employment relationship cannot be established for an indefinite period, taking into account the nature

• Fixed-term employment contract
  

  03.08.2016 Good evening, Oksana. V Article 59 of the Labor Code of the Russian Federation it is said: with persons entering work in organizations created for a predetermined period or to perform a predetermined work; In your




18.07.2016 Good evening, Julia. V Article 59 of the Labor Code of the Russian Federation there is an exhaustive list of conditions under which a fixed-term contract can be concluded, in particular: By agreement of the parties, a fixed-term employment contract can be concluded




18.07.2016 the conclusion of a fixed-term employment contract, the inspection of the State Inspectorate will certainly ask questions and may issue an order to eliminate violations of the law. Watch part 2 Art. 59 of the Labor Code of the Russian Federation... By agreement of the parties, a fixed-term employment contract can be concluded: with managers, deputy managers and chief accountants of organizations, regardless

• Conclusion of a fixed-term employment contract
  

  01.12.2015 is a constant occurrence and a requirement for jobs, then in your case, most likely a violation has been committed. However, there is an exception to the rules that are given in Article 59 of the Labor Code of the Russian Federation where it says. that, by agreement of the parties, an employment contract may be urgent, in some cases, for example, when working for an entrepreneur with a small staff of workers




16.11.2015 question. In the employment contract, it will be said that it is urgent, indicating the date of entry into force of the contract and the expiration date, so what's the point of mentioning Article 59 of the Labor Code of the Russian Federation? As for your employee, who is a citizen of another country, if he works in the territory of the Russian Federation, he is fully covered by

• fixed-term employment contract
  

  24.06.2015 Good afternoon, Irina. A fixed-term contract can be concluded in many cases. The grounds for concluding a fixed-term employment contract are specifically indicated in Art. 59 of the Labor Code of the Russian Federation... In your case, perhaps we are talking about such grounds: for carrying out work outside the scope of the usual activities of the employer (reconstruction, installation

• fixed-term employment contract
  

  24.06.2015 is to perform certain works and it is the end of these works, which are accepted by the act of acceptance of the transfer and will be the final date of the end of the employment relationship. V Article 59 of the Labor Code of the Russian Federation a list of circumstances that qualify the signs of a fixed-term employment contract is presented. In your case, the organization is located in a different location

• employee rights
  

  18.05.2015 you are replacing a temporarily absent employee, a fixed-term employment contract must be concluded with you, and upon entering the work of the main employee, you have the right to be fired. V Art. 59 of the Labor Code of the Russian Federation: A fixed-term employment contract is concluded: for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation

• labor contract
  

  27.04.2015 the same employer should know that to conclude fixed-term employment contracts for those positions that do not have the signs of a fixed-term employment contract specified in Article 59 of the Labor Code of the Russian Federation, is prohibited, and Article 58 of the Labor Code of the Russian Federation establishes a direct prohibition on the conclusion of fixed-term contracts with signs of indefinite employment contracts. In this situation, I would you

• labor contract
  

  29.03.2015 is concluded for a certain period or for the performance of certain work, then this is a fixed-term employment contract. The reasons for which fixed-term contracts are concluded are stipulated in Article 59 of the Labor Code of the Russian Federation... In general, a fixed-term contract can be concluded for a maximum of five years. In your case, the contract is concluded for a month and then extended. In a similar situation

• transfer of an employee to a fixed-term employment contract
  

  19.03.2015 Good afternoon, Svetlana. The fact is that a fixed-term contract is concluded only in the cases that are indicated in Art. 59 of the Labor Code of the Russian Federation... For example, during the absence of the main employee, when performing seasonal work, for the duration of temporary work up to 2 months, etc. It means that

• Article 59 of the Labor Code of the Russian Federation indicates the reasons for concluding a fixed-term contract. if you can prove it in court. that your work is permanent and that your
• Fixed-term contract
  

  04.12.2014 established for an indefinite period. But if the employee agrees to a fixed-term contract, then it can be concluded without taking into account such a requirement and the conditions for performing the work. V Art. 59 of the Labor Code of the Russian Federation also indicated specific cases when a fixed-term employment contract may be concluded. I do not know in detail about the nature of the work of your store employees, but

• dismissal
  

  31.10.2014 cases are dismissed, because a fixed-term employment contract is concluded with such an employee for the duration of the performance of the duties of a temporarily absent employee in accordance with Article 59 of the Labor Code of the Russian Federation... In this situation, I would advise you the following. If you have vacant positions in your office, then in order not to part with you, the employer must transfer you

• labor contract
  

  29.10.2014 is the volume of work increasing on a won tender or on a permanent basis? If employees are transferred temporarily, then a fixed-term employment contract is accordingly concluded ( Article 59 of the Labor Code of the Russian Federation). If employees are hired on a permanent basis, then a non-term employment contract is accordingly concluded (Article 58 of the Labor Code of the Russian Federation). If you have more questions, please contact

• fixed-term contract with the deputy head
  

  19.10.2014 are transferred to such a position on a permanent basis, then not a fixed-term employment contract should be concluded, but a fixed-term one, otherwise you will violate labor laws. Read Article 59 of the Labor Code of the Russian Federation, it indicates the case in which a fixed-term contract is concluded, if you do not find your circumstances there, then you need to conclude a completely different contract. What

• Dismissal of employees working under an indefinite employment contract
  

  16.10.2014 Valery. No, such a requirement is not legitimate. By agreement of the parties, they can conclude a fixed-term employment contract with old-age pensioners only when they start working ( Art. 59 of the Labor Code of the Russian Federation). But since you already work at this enterprise, no one can force you to leave and sign a fixed-term contract. Therefore, such a requirement is unlawful.