According to the provisions of the Labor Code of the Russian Federation, a temporary worker is one with whom a fixed-term employment contract has been concluded for a period of not more than 2 months. Despite such a short term of the contract, the temporary employee has all the rights and guarantees that are provided by labor law.
In what cases is a temporary contract concluded
The need to attract temporary employees may arise in the event of an emergency execution of some final amount of work, elimination of the consequences of an accident or disaster, replacement of an employee who is temporarily absent from the workplace for a good reason. Many companies employ temporary employees to conduct surveys through promotions or market research. There is no approved list of jobs that would be considered temporary in the regulations, so only the employer decides what type of work can be assigned to a temporarily hired employee.
Legal regulation of relations with temporary employees is carried out on the basis of Articles 289, 58, 59 and 79 of the Labor Code of the Russian Federation, as well as Chapter 45 of the Civil Code of the Russian Federation. When concluding employment contracts with these categories of workers, the text of these documents must necessarily indicate the grounds on which these contracts are temporary. When concluding a temporary employment contract, one should also be guided by the provisions set forth in the Decree of the Presidium of the USSR Armed Forces No. 311-1X "On the working conditions of temporary workers and employees." They are applied only to the extent that they do not contradict the labor legislation in force in the Russian Federation.
Temporary employee rights and obligations
The rights and obligations of this category of workers are no different from those provided for workers with whom labor contracts are concluded for an indefinite period. But in the case when, after the expiration of the temporary contract, the employee continues to go to his workplace, and the employer did not demand to vacate this place on this basis, the temporary labor contract is not extended for an indefinite period, as provided for in Part 4 of Article 58 of the Labor Code. RF.
Registration of a temporary employee is carried out on a general basis, and the requirements for the documents that he must provide when applying for a job correspond to those set out in Article 65 of the Labor Code of the Russian Federation. At the same time, the employment contract must list the conditions that are considered mandatory for such contracts in accordance with Art. 57 of the Labor Code of the Russian Federation. These conditions can be changed only by agreement of the parties.
A characteristic feature of a temporary employment contract is the absence of a probationary period and the fact that they can only be involved in work at non-working hours with their written consent. Extracurricular work activities of this category of workers are paid double without providing additional days as time off. Temporary workers, as well as permanent workers, are accrued vacation days - for each month worked - 2 days. Upon dismissal, they can use them or receive monetary compensation for them.
A temporary employee can resign at his own request, notifying the employer about this no later than 3 calendar days in advance. In case of reorganization or liquidation of an enterprise, the employer is also obliged to warn about the dismissal of a temporary employee 3 calendar days in advance. Employees working under a temporary employment contract may not count on severance pay upon dismissal - they are not entitled to it, unless otherwise provided by the collective agreement.
