Features of regulation of labor relations with temporary workers

Fixed-term employment contract of the Labor Code of the Russian Federation

When an employment contract is drawn up for a period of no more than five years, such an agreement, in accordance with Art. 58 of the Labor Code of the Russian Federation is called a fixed-term employment contract.

Fixed-term employment contract sample at the end of the page.

A fixed-term employment contract is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be performed or the conditions for its implementation.

A fixed-term employment contract may be concluded by agreement of the parties to the employment contract without taking into account the nature of the work to be performed and the conditions for its implementation.

Article 59 of the Labor Code of the Russian Federation establishes that a fixed-term employment contract is concluded:

for the duration of the performance of the duties of an absent employee, whose place of work is retained in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract;
for the duration of temporary (up to two months) work;
to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season);
with persons sent to work abroad;
for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services provided;
with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;
to perform work directly related to practice, vocational training or additional professional education in the form of an internship;
in cases of election for a certain period to an elected body or to an elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations;
with persons sent by employment services to temporary work and public works;
with citizens sent to perform alternative civil service;
in other cases provided for by this Code or other federal laws.

Entry into the work book

Instructions for maintaining employee books dated October 10, 2003 No. 69 do not provide for specifics on making entries when concluding a fixed-term work contract. The entry is made in the manner prescribed by clause 3.1 of the Instructions, which does not require entering information that the employee has been hired to perform the duties of a temporarily non-working permanent employee.

Thus, when a job is hired during the absence of the main employee, an entry in the work book is made without indicating the urgency of the employment relationship.

Fixed-term employment contract: sample filling

Place and date.

Limited Liability Company "Alisa" (Alisa LLC) represented by General Director Anatoly Alexandrovich Alekseev, acting on the basis of the Charter, hereinafter referred to as the "Employer", and citizen Ivan Vasilievich Mikhailov, hereinafter referred to as the "Employee", have entered into this agreement on the following :

Subject of the employment contract

1.1. An employee is hired for seasonal work at Alisa LLC as a laborer.

1.2. The Employee’s workplace is the territory adjacent to Alice LLC.

1.3. Working conditions at the Employee’s workplace: ___________.

1.4. The work under this agreement is the main one for the Employee.

1.5. This agreement in accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation was concluded for a certain period - 5 (five) months and is valid from November 2, 2015 to April 2, 2021.

1.6. The Employee's immediate supervisor is _____________.

1.7. The employee is required to start work on November 2, 2015.

1.8. In order to verify the Employee’s suitability for the work assigned, the Employee is subject to a probationary period of 7 days. The specified period is calculated from the date of actual commencement of work.

Rights and obligations of the Employee

2.1. The employee has the rights:

the right to provide him with the work specified in clause 1.1 of this agreement;
the right to familiarize yourself with the Employer’s internal labor regulations and the collective agreement when hiring (before signing an employment contract);
the right to timely and full payment of wages provided for in this agreement;
the right to paid leave and weekly rest in accordance with current legislation;
the right to provide a workplace that meets state standards of organization and labor safety;
the right to compulsory social insurance;
the right to compensation for harm and compensation for moral damage caused to the Employee in connection with the performance of his job duties;
the right to conclude, amend and terminate an employment contract in the manner prescribed by the Labor Code of the Russian Federation;
the right to protection of rights, freedoms and legitimate interests by all means permitted by law;
other rights granted to employees by the labor legislation of the Russian Federation.

2.2. The employee is obliged:

obey the Internal Labor Regulations of the Employer and other local regulations of the Employer, observe labor discipline;
conscientiously carry out snow removal work;
keep snow removal equipment in good condition;
comply with labor protection and occupational safety requirements;
use working time only for the purposes of performing work duties under this agreement;
take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;
in the event of situations that pose a threat to the life, health of people, or the safety of the Employer’s property, notify the Employer immediately;
perform other duties provided for by labor legislation.

Rights and obligations of the Employer

3.1. The employer has the right:

demand from the Employee the proper performance of labor duties assigned by this agreement;
require the Employee to take care of the Employer’s property;
require the Employee to comply with the Internal Labor Regulations and other local regulations of the Employer;
bring the Employee to disciplinary and financial liability in cases provided for by the legislation of the Russian Federation;
encourage the Employee in the manner and amount provided for by the labor legislation of the Russian Federation;
exercise other rights granted by the labor legislation of the Russian Federation.

3.2. The employer is obliged:

provide the Employee with the work specified in clause 1.1 of this agreement;
pay in full the wages due to the Employee within the time limits established by this agreement;
familiarize the Employee with the Internal Labor Regulations, other local regulations related to the Employee’s labor function, the collective agreement and labor protection requirements;
provide the Employee with equipment, tools and other means necessary to perform the duties assigned to him;
ensure safe working conditions in accordance with the requirements of safety regulations and labor legislation of the Russian Federation;
carry out compulsory social insurance of employees in the manner established by federal laws;
comply with the norms of working time and rest time in accordance with this agreement and current legislation;
compensate for damage caused to the Employee in connection with the performance of his job duties;
provide for the Employee’s household needs related to the performance of his job duties;
perform other duties provided for by labor legislation.

Work and rest schedule

4.1. The employee is assigned a five-day working week of 40 (forty) hours. Weekends are Saturday and Sunday.

4.2. The Employee’s work in the position specified in clause 1.1 of this agreement is carried out under normal conditions.

4.3. Upon written application, an employee is granted paid leave or is paid monetary compensation for unused leave upon dismissal at the rate of two working days per month of work.

4.4. An employee may be involved in work on weekends and non-working holidays on the basis of an order (instruction) of the Employer and the written consent of the Employee.

Terms of payment

5.1. For the performance of work stipulated by this agreement, the Employee is paid a salary of 15,000 rubles. per month.

5.2. Salaries are paid at the Employer's cash desk on the 15th and 30th of each month in accordance with the Internal Labor Regulations.

5.3. If the Employee is involved in work on weekends and non-working holidays in accordance with clause 4.4 of this agreement, he is paid monetary compensation of at least double the amount.

5.4. From the salary paid to the Employee in connection with this agreement, the Employer withholds personal income tax, as well as makes other deductions in accordance with the current legislation of the Russian Federation and transfers the withheld amounts as intended.

Guarantees and compensation

6.1. During the period of validity of this agreement, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.

6.2. For the period of validity of this agreement, the Employee is subject to compulsory social insurance in state extra-budgetary funds at the expense of the Employer in the manner prescribed by the current legislation of the Russian Federation.

6.3. The Employer pays the Employee temporary disability benefits in accordance with the current legislation of the Russian Federation.

6.4. Upon the occurrence of temporary incapacity for work, the Employee is obliged to submit to the Employer a certificate of incapacity for work confirming his temporary incapacity for work (illness, accident, etc.) no later than 3 (three) days after the end of such incapacity for work.

Responsibility of the parties

7.1. In case of non-fulfillment or improper fulfillment by the Employee of the duties assigned to him by this agreement, the Internal Labor Regulations, and labor legislation, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

7.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

Termination of an employment contract

8.1. This agreement terminates on April 02, 2016.

8.2. The Employer notifies the Employee in writing about the date of termination of this agreement at least three calendar days before the deadline specified in clause 8.1 of this agreement.

8.3. At the Employee’s initiative, this agreement may be terminated before the expiration of the period specified in clause 8.1 of this agreement. The Employee must submit a written application for early termination of the employment contract to the Employer at least three calendar days before dismissal.

8.4. The Employer warns the Employee about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing against signature at least seven calendar days in advance. In this case, the Employee is paid severance pay in the amount of two weeks' average earnings.

8.5. This agreement may be terminated on the general grounds provided for by the Labor Code of the Russian Federation.

Final provisions

9.1. The terms of this agreement are legally binding on the parties.

9.2. Changes and additions to this agreement are formalized by an additional written agreement of the parties.

9.3. Disputes between the parties arising during the execution of an employment contract are considered in the manner established by the current legislation of the Russian Federation.

9.4. In all matters not covered by this agreement, the parties are guided by the norms of the Labor Code of the Russian Federation (collective agreement, internal labor regulations, other local regulations of the Employer).

9.5. This agreement has been drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

Addresses and details of the parties: