A fixed-term employment contract is almost no different from a similar document with an unlimited period of validity. The only peculiarity is that it needs to be written for the urgent nature, the reason for the contract with a limited period of validity, and the date of the end of the employment relationship.
Necessary
- - the text of the employment contract;
- - the basis for concluding a fixed-term employment contract, provided for in Art. 59 of the Labor Code of the Russian Federation;
- - the consent of the employee to conclude a fixed-term employment contract.
Instructions
Step 1
The possibility of concluding a fixed-term employment contract is strictly limited. All cases in which it is admissible are given in Art. 59 of the Labor Code (LC) of the Russian Federation, and this list is exhaustive.
In addition, in all these situations, the law only allows the possibility of concluding a fixed-term employment contract, but does not oblige to give preference to it. In other words, in any of them it is possible to conclude an ordinary contract with an unlimited validity period.
It is optimal to prescribe the legal grounds for concluding a fixed-term contract directly in the text of this document.
Step 2
The urgent nature of the contract should be devoted to a separate chapter (for example, "Duration") in the text of the document, the basis of which can serve as a standard employment contract, including an unlimited one.
In this chapter, it should be said about the reasons why this option was preferred, with reference to the corresponding provision of the Labor Code of the Russian Federation: "In connection with … in accordance with (paragraph and article of the Labor Code of the Russian Federation), the Parties have entered into a fixed-term employment contract …"
Here, as a separate item, you need to register the expiration date of the contract. The procedure for terminating the contract in accordance with the Labor Code can be prescribed by a new clause or in a separate chapter.
Step 3
Otherwise, there are no differences from the procedure for concluding an employment contract with an unlimited validity period. It lists the employee's responsibilities in the same way (or gives a reference to the job description and other regulatory documents where they are prescribed), his work schedule, the size of the salary and the timing and method of payment, social guarantees to the employee.
Step 4
At the end of the document, the details of the employer (name, legal address, PSRN, TIN and KPP (if any), bank details) and the employee (name, passport data, registration address, TIN, insurance pension certificate number, bank details, if the salary is issued by transfer) to his personal account).
Like an open-ended employment contract, the document is sealed with the signature of the head of the organization and the seal and signature of the employee and is drawn up in two copies - for the employee and the employer.
