For how long can labor contracts be concluded? Articles 58, 59 of the LC RF

The work activity of each citizen begins with the fact that he signs an agreement with the future manager about the work. In this case, it is necessary to take into account all the nuances concerning the term of its conclusion. Because the registration of an employment contract for a certain period of time is possible only in those cases that are fixed in the Labor Code of the Russian Federation. All other agreements are concluded for an unspecified period.

Decor

Before the citizen starts to perform his official activities, it is necessary to sign a labor contract with him, on the basis of which it will be necessary to issue an order on his enrollment in the organization's staff. At the same time, the manager should not forget that the deadline for the performance of work can be specified in it only in the situation, if it is not prohibited by law and is directly prescribed in the Labor Code of the Russian Federation.

The most common employment contract is one in which the period of its operation is not specified. Basically, it is used by all employers who take a new employee to the staff of the enterprise.

Besides, not all heads of organizations are aware of the term for employment contracts, and therefore allow wrong errors when signing them. Then they try to defend their case in higher authorities if the dissatisfied employee whose rights were violated appealed for protection of his interests to the judicial authority.

Term is not defined

In most cases, the employment contract between the employee and the head is for an indefinite period of time, which is quite justified for many professions and positions. This feature is also indicated in Article 58 of the LC RF. In this case, the following conditions must be prescribed in the contract:

- the procedure for termination of its operation;

- the term of notification of termination at the request of one of the parties;

- the period of payment upon dismissal;

- time for reporting and transfer of wealth.

All other paragraphs of the work agreement must comply with the general rules for its conclusion.

Contract for a fixed period

Article 59 of the LC RF describes all cases when it is possible to conclude an agreement between the employee and his supervisor for a fixed period. It is issued in the following cases:

- if this requires the nature of the work itself, as well as the conditions for its implementation;

- by agreement between the employer and the subordinate.

In addition, in the labor legislation there is a certain list of grounds in accordance with which it is possible to conclude an employment contract with a citizen for a set period of time:

- in the absence of an employee (for example, during his illness another citizen may be admitted);

- if the performance of duties for two months is required;

- for seasonal work (reception of outer clothing in the wardrobe of the polyclinic, hospital);

- if necessary, practice and training in the form of an internship;

- for alternative service.

In practice, this type of agreement is formalized with:

- people who are retired;

- part-time workers;

- heads of organizations and their deputies, chief accountants.

Article 58 of the LC RF states that an employment contract concluded without any reasonable grounds for a certain period of time must be considered signed for an unspecified period of time. Otherwise it will be a violation of the law.

By agreement

Article 59 of the RF Customs Code directly indicates that, upon mutual agreement between the employee and the head, it is possible to formalize the employment contract for a fixed period. In this case, it is necessary to take into account the fact that such an agreement is only with certain categories of citizens. They are:

- coming to work for an individual entrepreneur (a staff of no more than 20 people);

- creative employees;

- chiefs and their deputies, chief accountants;

- students studying internally;

- those who will carry out urgent measures to prevent the consequences of various disasters, accidents and other emergencies;

- part-time workers;

- elected to the position of the competition.

It is also possible to conclude an employment contract for a certain period of time and in other cases provided for by law.

Expired

After the period during which the employee performed the duties assigned to him expired, he must be dismissed. In the event that neither party to this agreement has requested the termination of the employment contract, it will be deemed to have been issued for an indefinite period.

On the impending dismissal, according to Art. 79 of the Labor Code, the employee must be warned three days before the occurrence of this event. Except in cases where the person performed the duties of a temporarily absent employee.

Probation

Basically, it is set only by those managers who are not particularly confident in the competence of the new employees. Such rules should be fixed by the employer independently in the local acts of the organization. The term of the employment contract should not be indicated here, but in the conditions it should be noted that in the event of failure of the trial period, the head is entitled to terminate it, having notified the employee about it three days before the expected date of dismissal.

Nuances

An urgent labor contract in an indefinite term is transferred only if, at the end of its activity, the employee continues to perform his official duties, and the head does not object to it.

For example:

The head of the department of education recruited the head of the school. The employment contract specified the period of its validity - 5 years, but after this time the head did not offer his subordinate to vacate his place, because he was satisfied with the latter's work. The citizen himself also did not want to leave school and continued to perform job duties. This fact directly indicates that the term of the employment contract is now considered vague, and the person is the permanent head of the institution.

Sample

For how long can labor contracts be concluded? This question is asked practically by all heads of institutions that hire a new subordinate. At the same time, not everyone knows that its maximum term is five years. In addition, it is necessary to properly draw up a similar agreement on work and prescribe in it all the conditions, and most importantly - this is the period of its operation.

Exemplary sample:

Employment contract No. ___

00.00.00 year city of _____________

LLC ________________ in the person of the director ______________, acting on the basis of _____________ hereinafter referred to as the "Manager", and the citizen _____________ further "Employee", have concluded this agreement as follows:

1. Subject:

The chief takes the subordinate to the post of ___________.

Place of performance of official duties __________________.

The employee is subordinate only to the Chief in his activity.

2. Validity period:

The contract is concluded from 00.00. 00 to 00.00.00.yy for temporary repairs of office premises (basis - item 59 TC).

Commencement of duties: _________

The end of _________, on the same day the head carries out the final calculation with the employee and dismisses him.

3. Mode:

The employee is assigned a five-day working week from 00.00 to 00.00 hours, a lunch break from 00.00. For 45 minutes.

The days off are Saturday and Sunday.

4. Signatures of the parties

Head _________ Citizen ___________

As can be seen from the above example, the obligatory condition here is the term of the employment contract for which it is concluded. If it is not specified, it means that the agreement will be deemed to have been issued for an unspecified period of time.

Basic moments

Before recruiting a new employee, each manager should remember that he will need to conclude an employment contract with him. In addition, if the design of an employee is planned only for a certain period of time, then you need to make an agreement with observance of all TC norms.

In this case, each head of the organization should remember how long the employment contracts can be concluded. It is also necessary to indicate it in the written agreement. If the term of the contract is not registered, then it is concluded for an indefinite period of time.

Arbitrage practice

The woman got a job as an engineer in a construction company. In the employment contract signed with the head of the organization, the term of its validity was specified, which was 6 months. After the expiration of this period, the woman was dismissed from work with the payment of all the prescribed funds. Disagreeing with this decision of the chief, she appealed to the court.

When reviewing the case materials, a fairly large number of violations were revealed by the employer. Because the application of Article 59 of the Labor Code has not been properly confirmed. In addition, the court pointed out that it is unacceptable to formalize service relations with citizens for a specified period of time without any apparent grounds. Therefore, there must be an employment contract concluded for an indefinite period.

Also, the woman did not fit the categories of persons with whom it is possible to sign such agreements. She was neither a part-time nor a pensioner; in addition, she was not elected to the post of contestant. In accordance with this, the head rudely violated Art. 58 TC.

The citizen was reinstated at work with payment of the time of the forced pass.

Based on this example, it can be concluded that dismissed employees still seek help from justice when their rights are violated by the leadership of the organization. Because the unfounded execution of a fixed-term employment contract is prohibited by law. This fact indicates art. 58 TC.

In addition, not all managers are aware of the term for employment contracts - it can be no more than five years. Therefore, certain mistakes are made in the conditions of the agreement. Also, the nature of the work performed by the employee, excluding its permanence (for example, cleaning the territory of the enterprise after the repair) is important here.