Most often, the employment contract is drawn up for an indefinite period, and it ceases to effect only in the case of the will of the parties or violation of its obligations, the consequence of which is the offensive of the sanction in the form of the dismissal of the employee. But labor relations can last a certain period that is clearly registered in the contract and is known in advance (the specific date or onset of the agreed circumstance). Such an urgent contract has its own characteristics, we are talking about and will go below.
Common with perpetual contract
It should immediately begin with the fact that between the two types of labor contracts - urgent and indefinite - more common than excellent:
- the procedure for their preparation, execution and termination are governed by the norms of the Labor Code of the Russian Federation;
- concluded when admission to work;
- are drawn up in 2 copies;
- for the most part, they have the same items from which they consist (with the exception of a paragraph, which clarifies the date or time of its termination);
- they are a means of delimiting the rights and responsibilities of the parties in labor relations, and in the event of arising disputes - the basis for the protection of rights in court.
Differences from an indefinite agreement
Despite the common nature and the subject of regulation, the urgent labor from the indefinite is different:
- lies in a strictly agreed period (no more than 5 years);
- contains a "extra" reason for dismissal - the end of the term;
- without instructions, the foundation will be considered illegal.
Grounds for conclusion
Since the urgent employment contract is infrinning in some extent the rights of the employee (an extra reason to dismisse), the law contains a strict transfer of grounds for its conclusion (more than 20 of them). Its additional expansion to the discretion of the employer (after all, it is advantageous to the conclusion of such contracts) is unacceptable and even more so - threatens administrative responsibility.
In practice, his conclusion is relevant in the pare-troika of the most popular cases. And consider them:
- In case of substitution of a temporarily non-working employee, when, for example, a woman goes into maternity or child care vacation, and the employer needs to find a temporary replacement.
- When seasonal work is performed, for example, in the field of agriculture: crops, harvest fees, etc.
- Appointment to the electoral position, for example, by the results of elections, a person receives a deputy mandate.
- When a person is credited to the state for performing a temporary nature (up to 2 months), for example, repair of the room, etc.
All the grounds listed in labor legislation can be distributed on:
- mandatory - in the presence of which the preparation of an urgent employment contract is obligatory (that is, on objective reasons, an indefinite employment contract is impossible to conclude due to the nature, nature of work);
- by agreement of the parties, but only with a limited group of persons listed in paragraph 2 of Art. 59 TK RF.
As mentioned above, at the time of compiling (or filling, if you use a typical official form), it is necessary to specify the basis and refer to the item item from the Code. If you are an employer, and in intent or because of negligence did not indicate this moment in the text of the contract, then any inspection will consider this offense.
The form of an urgent employment contract (part-time work) See here.
An example of a completed urgent employment contract Download from us.
Peculiarities
Even when the contract was concluded for a certain period, and if this period expires, but none of the parties have intentions to stop labor relations, it means that it automatically becomes indefinite, and in the future the employer is no longer entitled to dismiss due to the expiration.
There are circumstances under which there is a need to extend the period marked in the contract, but at the same time - for a certain period (that is, to preserve the urgent nature of the contract). It is quite possible to do it. The extension of the term is issued by the agreement complements the main contract. But the period for which labor relations is extended must be within 5 years in a set with initial period.
Additional agreement form to extend the term of employment contract here.
An example of a completed additional agreement on extending here.
Now you are familiar with the features of an urgent employment contract, as well as important moments that should be remembered when filling it. The form and the completed example of the contract will help you prevent errors and inaccuracies at the time of its signing.
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