Art. 58 TC RF with comments. Term of employment contract

In the process of hiring a subordinate, the head of the institution must conclude a service contract with him. In this document, you must specify the period during which the employee will perform the duties assigned to him. As a rule, all service agreements are formalized for an unidentified period. The exception here is the case when it is possible to sign a futures contract with an employee. More details about this will be given in this article.

What you need to know

The main document for any employee of the organization is a contract on performance that can be concluded with him for a certain period of time or without specifying a term. This is evidenced by Art. 58 of the LC RF. It is also important to note here that the period of validity of a fixed-term contract for official activity can not be more than five years. In addition, the specified labor contract is concluded with the citizen only in cases prescribed in the legislation.

If the head of the organization does not have grounds for temporary registration of the employee, then he must accept a person to work without setting a deadline. Otherwise, the court can recognize such a contract for an indefinite period. This rule is fixed in Art. 58 of the LC RF.

Contract validity

Basically, all service agreements with employees are concluded for an indefinite period of time. The exception here is the cases prescribed in article 59 of the Labor Code. The term contract consists of:

• In the absence of a constantly working subordinate (leave, business trip, sick leave);
• If you need to perform temporary or seasonal work;
• With people who will work in another state;
• For carrying out activities that are not part of the organization's usual work (installation, reconstruction);
• With citizens who work for a company established for a specified period (for a specific purpose);
• For a person to practice and internship;
• When replacing civil service positions;
• When a person is sent from the employment center to public works.

In the legislation there are also other cases that allow a person to work only for a set period of time.

It is written in the code

Art. 58 of the LC RF indicates that the service contract is concluded for a certain period only if, in connection with the characteristics of the work and the conditions of its implementation, it is impossible to sign an agreement with a person for an unspecified period. Thus, a citizen can be temporarily admitted to an organization only when this is prescribed by law.

It should also be noted that a fixed-term contract is concluded by agreement between a subordinate and his supervisor in cases prescribed in the TC.

An important condition

In the event that the employee's service contract does not specify the period of its operation, then this document is of unlimited duration. This rule is spelled out in Art. 58 of the LC RF.

A service contract, signed by the parties for an indefinite period, can not be changed by the head of the enterprise for an urgent agreement.

Continuation of work

If a person, after the end of the contract, does not want to terminate his / her official activities at the enterprise, and the head of the organization does not insist on his dismissal, then the agreement is considered from that moment to be unlimited. This rule is spelled out in Art. 58 of the LC RF. The condition on the urgency of the contract is considered to be invalid.

In practice, labor contracts of a temporary nature are concluded with the heads of institutions and organizations. By law, this is only possible by agreement between the two parties.

The maximum period of the fixed-term contract can not be more than five years. This is stated in paragraph 2 of Art. 58 of the LC RF. If a person continues to perform his official duties after the contract term has expired, then he is considered to be employed for a period of time.

How it happens in practice

Part 2 of Art. 58 of the LC RF does not prohibit the head to sign a fixed-term contract with a subordinate, if by the nature and conditions of work the employee's activity can not be permanent. This applies to cases when another employee was invited to the place of the temporarily absent citizen. The official activity of the latter will continue until the subordinate, who works in the organization on a permanent basis, begins to perform his duties. This rule is spelled out in the law.

Thus, the temporary service relationship does not last indefinitely. This is due to the fact that the newly adopted person does the work of the absent subordinate. After the permanent employee comes to work, the contract with the temporary employee will be terminated. This is confirmed by Art. 58 of the LC RF.

The urgent labor contract is signed with those citizens who are accepted for seasonal work. For example, the work of a cloakroom attendant is possible only in the cold season. Because in the summer the company will not need the services of this employee.

A comment

A service contract with a subordinate may be concluded for an indefinite period, or for a specified period. This is written in Art. 58 of the LC RF. With the comments, the Labor Code of the Russian Federation here does not allow you to disagree. After all, if there are no grounds for concluding a fixed-term contract with a person, then the head of the enterprise must accept the subordinate on a permanent basis. This is indicated by the law.

In the event that after the expiration of the service agreement a person continues to work at the enterprise, and the head of the organization does not want to dismiss him, the contract acquires the status of perpetual. This is stated in part 4 of Art. 58 of the LC RF.

Forbidden

It is not allowed to sign a fixed-term contract with subordinates in order to deprive them of guarantees and compensations provided to employees performing their official duties on an ongoing basis. This is stated in art. 58 of the LC RF. It is impossible to disagree with the comments here. Because a temporary contract with an employee is made only in cases provided for by law.

If during the work under the fixed-term contract the woman was pregnant, then at her written request the head of the organization must extend the service agreement with her before the birth of the child. In the case when the latter performed the duties of a temporarily absent subordinate who went to work, the head may transfer her to another position (if there are vacancies in the organization). Otherwise, the contract with the pregnant employee should be terminated.

Existing features

Art. 58, 59 of the LC RF indicate that by agreement between the employee and the head a temporary labor contract is allowed. But only with certain categories of employees, which include:

• Citizens performing part-time employment;
• Pensioners, as well as persons who, in connection with a medical report, can only perform temporary work;
• People who find jobs for entrepreneurs (the number of staff of the latter is not more than thirty-five people, in retail trade - 20);
• Students studying in full time;
• Heads and chief accountants of organizations, as well as part-time employees;
• People who go to work in the Far North;
• Citizens who are members of the crew of navigation and vessels;
• Creative citizens (workers of the media and cinematography);
• Citizens who were elected to the post of the competition.

Arbitrage practice

With a new employee, the head concluded an employment contract for a certain period of time without explaining any reasons. In accordance with the established norms of the law, this can be done only in cases that are prescribed in the TC. The employee, indignant at this attitude of the boss, was forced to file an application with the court.

From the materials of the case we see the following.

At the meeting, the subordinate explained that the boss did not have grounds for his temporary employment. In addition, this post was not occupied by anyone. Therefore, the citizen asked to recognize the service contract as perpetual. He justified his position, proceeding from the norm of Art. 58 of the LC RF. The term of the employment contract, according to the employee, is established only if the labor code indicates this.

The court after investigating all the case materials concluded that the head admitted significant violations of the law. Moreover, this authority has not established grounds for leaving the application of the citizen without satisfaction. Therefore, the court agreed with the position of the person. This service contract was recognized by the prisoner for an undetermined period of time.

From the above example, it can be seen that the court almost always becomes a defense of citizens, and not the leaders of organizations. And as practice shows, this authority can change the term of the employment contract. Art. 58 of the LC RF indicates that the court, without establishing grounds for concluding an employee of a temporary contract, recognizes the service agreement as perpetual.

After the decision is made by the authority, the subordinate again begins to perform his duties.