An employment contract is an agreement between an employee and an employer, which reflects their mutual rights and obligations. In terms of validity, this can be an employment contract for an indefinite period or a fixed-term employment contract (for a period not exceeding five years).
general information
There are so-called legally significant circumstances, in the presence and proof of which it is possible to conclude fixed-term employment contracts. These circumstances are indicated in Article 58 of the Labor Code of the Russian Federation. These include, firstly, the impossibility of establishing labor relations for an indefinite period for any reason, as a rule, due to the temporary or seasonal nature of the work, the conclusion of an employment contract for a period not exceeding 5 years or less. Specific cases in which a fixed-term employment contract is concluded are given in article 59 of the Labor Code of the Russian Federation.
Examples of grounds for concluding a fixed-term employment contract
The legally significant circumstances under which a fixed-term employment contract is allowed include, firstly, the replacement of an employee who is temporarily absent for valid reasons, for whom his job is retained.
Secondly, this is the performance of temporary work for a period of up to two months, or seasonal work stipulated by law. It is also a job placement in the Far North or a similar area, with the employee moving there for a given period.
The basis is employment in organizations that were created for a certain limited period of time (no more than 5 years) and will obviously cease to exist after this period; as well as placement in an organization for the purpose of performing deliberately defined works for up to 5 years
Often, a fixed-term employment contract is concluded with employees to perform work that goes beyond the usual statutory activities of the organization (repair, reconstruction, etc.) or work with a temporary expansion of the volume of services or production provided for a period of no longer than 1 year.
It can also be the execution of urgent work to prevent accidents, catastrophes, epidemics, accidents, epizootics, other emergencies and their consequences, when such work is carried out for no more than 5 years.
Fixed-term employment contracts can be concluded with persons for performing works of a creative nature in theaters, concert organizations, circuses, cinematographic organizations, the media, including participation in the creation or performance of works, etc.
It is allowed to conclude a fixed-term contract with a person whose performance of work is directly related to his vocational training or internship; as well as with a person receiving education in full-time or part-time education during his period of study.
A fixed-term employment contract is concluded with a person applying for a part-time job, i.e. when the person is already in an employment relationship with another employer.
Another reason is the sending of an employee to work abroad if there is a referral from an authorized official or body.
The basis is also the receipt of a person to work in a consumer services and retail organization with a staff of up to 25 people, in other organizations with a staff of up to 40 people, as well as employers who are individuals.
