Fixed-term employment contract: entries in the work book. It is necessary to extend the term of a fixed-term employment contract (possibly by changing the employment contract to an open-ended one). How should this be done? What entry should be made in the work book? Registration of labor

Legal relations arising as a result of the conclusion of an employment contract for a certain period have a number of features in legislative regulation compared to open-ended employment relations. However, such features do not apply to the wording in work books. If a fixed-term employment contract has been concluded with an employee, the entry in his work book is absolutely identical to the entry that would have been made when concluding an open-ended contract, with the exception of the reasons for dismissal and reference to the relevant norm of the Labor Code of the Russian Federation.

Rules for maintaining work books

The employer must keep records of the activities of all employees who work for him in their main job for more than 5 days. The work book is a document provided specifically for such accounting.

The form and procedure for maintaining this document are enshrined in two legal acts:

• Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (hereinafter referred to as the Rules);
• Instructions approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69 (hereinafter referred to as the Instructions).

Selected features of fixed-term employment contracts

The emergence of urgent labor relations is possible only in cases that are directly reflected in the Labor Code of the Russian Federation.

The main feature of fixed-term employment relationships is that upon expiration of the relevant period they automatically terminate. The employer should remember to warn the employee about this three days before the expiration of the relevant period.

However, this feature is not reflected in any way on the main document for recording work activity and length of service - the employee’s work book. An entry in the employment contract for a fixed-term employment contract is made in strict accordance with the Rules and Instructions, which do not provide for any exceptions for such legal relations.

It is also important to take into account that the legislation of the Russian Federation does not provide for an indication of the nature of such legal relations in the work book. In other words, there is no need to indicate in this document that the legal relationship is urgent.

The provisions of paragraph 8 of the Rules also apply to employees employed for a certain period of time, according to which an employee must have a work book issued if he gets a job for the first time.

Entry in the work book upon expiration of the employment contract

Such an entry is made in accordance with Article 84.1 of the Labor Code of the Russian Federation, paragraph 15 of the Rules and paragraph 5.2 of the Instructions. From an analysis of the totality of these norms, we can conclude that there are some contradictions regarding the need to make an entry with reference to.

The wording in the work book may be as follows:

• on the basis of clause 5.2 of the Instruction: “Dismissed upon expiration of the employment contract, clause 2 of Article 77 of the Labor Code of the Russian Federation”;
• on the basis of Article 84.1 of the Labor Code of the Russian Federation: “Dismissed due to the expiration of the employment contract, clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

These entries are somewhat different, because... Clause 5.2 of the Instructions does not fully comply with Article 84.1 of the Labor Code of the Russian Federation regarding the need to indicate the exact grounds for dismissal.

We consider it most correct to be guided by the provisions of Article 84.1 of the Labor Code of the Russian Federation (has the highest legal force) and indicate the basis for dismissal as given in the second example.

As a conclusion, we consider it important to once again pay attention to the main points:

• there is no need to indicate in the work book that the employee was hired only for a certain period;
• Employees on fixed-term contracts are subject to the same rules as other employees;
• a notice of dismissal should be made on the basis

The question of whether an entry is made in the work book for a fixed-term employment contract,occurs quite often, especially among inexperienced personnel. In order to give an unambiguous answer, it is necessary to turn to the legislative definition of such agreements.

Agreement for a specific period

When the conditions of the upcoming activity do not make it possible to formalize a working relationship for an indefinite period, a contract with a specified duration can be drawn up.

Grounds

The reasons that are defined by law for the execution of short-term contracts can be divided into two types:

• Unconditional (Part 1 of Article 59 of the Labor Code of the Russian Federation). These include, for example:

1. Absence of key employee
2. Seasonal work
3. Temporary increase in production volume
4. Period of study (internship)

• Applied by agreement of the parties (Part 2 of Article 59 of the Labor Code of the Russian Federation). For example, if:

1. The employee receives a pension
2. There are medical indications
3. The employee is studying full-time
4. There is a combination of jobs

Is an entry made in the work book under a fixed-term employment contract?

In accordance with paragraph 4 of Rules No. 225 dated April 16, 2003, all information about the employee and the functional duties he performs must be documented, including in the work book. The above information also includes transfers to other permanent jobs, dismissals, and information about awards.

The Labor Code of the Russian Federation does not give specific instructions on whether it is necessary to make an entry in the work book for a fixed-term employment contract. However, in accordance with the requirements of paragraph 3 of Rules No. 225 dated April 16, 2003, the employer is obliged to enter the necessary information about employment in the documents of a new employee if he worked for him for more than 5 days at his main place.

How to make an entry in the work book for contract workers

To correctly display information about employment in the documents of a temporary employee, it is necessary to adhere to the general recommendations enshrined in Instruction No. 69 of October 10, 2003.

It should be noted that in this case one should not make a note about the unstable nature of the relationship and the reasons for which they were formalized in this way. For example, information is not entered that the employee is replacing an absent specialist.

Thus, when preparing documents, a standard entry must be made. For example: “Hired for the position of warehouse cleaner.”

When a fixed-term employment contract is concluded with citizens being hired, an entry in the work book is made according to a special rule. But sometimes it is not necessary to formalize it - for example, if the employee is a part-time worker and does not insist on making an entry.

Requirements of the law and officials

The Labor Code of the Russian Federation states: if a citizen gets a job not as a part-time worker, but as a main employee, his employer is obliged to reflect the employment in the work book (Article 66 of the Labor Code of the Russian Federation). An organization or individual entrepreneur has such an obligation if a new member of the workforce has worked for the company for at least 5 days. Moreover, it does not matter what kind of contract is concluded with the employee - indefinite or for a certain period.

Rostrud officials in letter No. 937-6-1 dated 04/06/2010 made an important remark: when concluding a fixed-term employment contract with a new employee, no entry is made in the employment contract about its validity period.

Otherwise, the Labor Code and the “Rules for maintaining work books” (approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003) do not establish special requirements for records of a fixed-term contract. It is done according to standard rules:

• When applying for a job it is indicated:
  • date of employment;
  • the position for which the employee was hired;
  • name of the employer (organization or individual entrepreneur);
  • details of the employment order;
• When a conscript subordinate is dismissed, the following is entered in the work book:
  • date of termination of the contract with the employee;
  • in connection with which it was terminated (reason for dismissal);
  • details of the order to terminate the employment contract;
  • signature of a personnel specialist, seal.

A record of a citizen’s employment is made within a week after his employment, and a record of termination of an employment contract is made on the day of the employee’s dismissal.

Fixed-term employment contract and work book: example of filling out

The example below will illustrate the records of the admission and dismissal of a conscript who worked for 2 months under a contract that expired on June 1, 2018.

The entry for employment is made according to general rules and does not require a separate explanation. The position indicated in the book must fully correspond to the one specified in the contract.

If the reason for termination of the contract was the expiration of its validity period, the entry will be as follows:

Workers hired by order for a certain period of time, in general, have all the same rights and obligations. This also applies to document management. Drawing up an order and recording it in the work book should be carried out according to general rules, for example, when a fixed-term employment contract is terminated.

Order of dismissal

Form T-8 is usually used for registration. The following fields are filled in:

• employer (full or short name);
• document number;
• date of compilation;
• date of signing and number of the employment contract;
• day of dismissal;
• information about the employee (full name, number, place of work, position);
• grounds for termination of the contract;
• reference to the Labor Code in accordance with which the dismissal occurs;
• signatures of the manager and the person being dismissed.

The approved order is the basis document for the calculation of all payments due to the employee. The grounds for termination of an employment contract may be different, depending on who initiated the dismissal:

• by agreement of the parties
• at your own request
• upon expiration of the fixed-term contract
• for violation of labor discipline, etc.

Are there marks provided?

According to Article 58 of the Labor Code of the Russian Federation Fixed-term employment contracts are concluded for a period of up to five years. The following provision of the code sets out the reasons why it can be issued. It is important that there is a real basis that does not allow concluding an open-ended contract.

Depending on the nature of the work and the personality of the employee, different periods are established by law. However, it must be at least two months. This period is prescribed mainly for seasonal work.

However, it is not practical for an employee to hire for such a short time, so records of hiring and dismissal are usually not made. Although it provides that records are made upon application to the employee.

When a person is hired to fill a position, the period of work can reach several years. For example, the absence of a key employee due to pregnancy and child care sometimes reaches more than three years. In such cases, registration is already mandatory.

The situation is the same with specialists elected by competition for a term of up to five years. Here, keeping the book and making all the necessary records is required.

In accordance with generally accepted rules and regulations, appointment and removal from office are recorded:

• for seasonal work (less than three months) - at the initiative of the employee;
• when replacing during maternity leave - mandatory;
• when appointed as a result of a competition – also mandatory.

The procedure for making entries in the work book is insignificant compared to permanent employment. In this case, the employer must take into account both them and the special rules of Chapter 13 of the Labor Code of the Russian Federation.

In general, the appointment mark is absolutely identical. But the entry on the termination of the contract presupposes special grounds for termination of labor activity. All other provisions, for example, on awards, are unified and therefore do not imply any differentiation depending on the category of employee.

Grounds for recording dismissal

The dismissal of a temporary worker is subject to the provisions of the contract, which expires on a specified date. It is not always established precisely: it may be associated with the occurrence of an event (the departure of the main employee).

Early dismissal of an employee in a temporary job is also acceptable. A closed list of grounds for the employer is listed in Article 81 of the Labor Code of the Russian Federation. If the employee himself wants to terminate the legal relationship ahead of schedule, he can do this without giving reasons.

The most common reasons for early termination of agreements are:

• mutual agreement;
• initiative of one of the parties;
• transfer to another place of work;
• refusal of further cooperation due to fundamental changes in working conditions, changes in management.

Such situations, in principle, do not affect entries in the work book. And the wording will correspond to the actual reason for termination of the contract.

Before filling out the work book, the employer draws up a dismissal order. The date in it coincides with the information entered into the document. If a person replacing the main employee was hired for the position, then the reason is stated “in connection with the resignation of I.P. Petrov.” Accordingly, the day of departure of the deputy is indicated as the previous one relative to the acceptance of the main employee.

What does a notice of dismissal look like?

According to the regulations, the name of the place of work is not indicated, since it is stated in the previous entry. The serial number of the entry is immediately entered. In accordance with the dismissal order, a similar dismissal date is written - the last day of work.

In the column with information about work, it is necessary to note only the basic wording, which reflects the norms for terminating employment relations within the framework of a fixed-term contract. Accordingly, the phrase may be as follows: “Dismissed due to termination of the employment contract...” Then a reference to the norms of the Labor Code is required (for example, based on clause 2, part 1, article 77 of the Labor Code). Abbreviations in the names of legislative acts, for example, the Labor Code of the Russian Federation, are prohibited.

When termination occurs before the expiration of the contract, other articles related to the initiative on the part of the employee or employer must be specified. The grounds for dismissal at the request of an employee are specified in Article 80, for the employer - Art. 81.

In the latter case, making changes is no different from those made in relation to permanent employees. After the entry has been made, you must enter one of the confirmation options:

• employer visa;
• visa of an authorized person.

In both cases, the surname, initials and position of the person filling out the book are indicated. In addition, when the document is handed over to the employee, the line below is signed by the person who hands it over.

Stamping

As a result of verifying the previously entered information, the authorized employee affixes the organization’s seal. As a rule, a round seal is used, and its replacement with a frame seal is not allowed.

The location must comply with the basic standards provided by GOST:

• horizontally – in the center of the sheet;
• vertically – two lines below the employer’s signature.

The fully completed document is handed over to the temporary worker personally. And information about the transfer is entered into the issue journal under the signature of both the owner of the work book and the responsible person.

Thus, entering information about the employment and dismissal of a temporary worker must comply not only with the basic rules for filling out a work book, but also with the nuances provided for by law. Particular attention should be paid to the reasons for dismissal, which are listed in Chapter 13 of the Labor Code (Articles 80–81).

Labor relations of a fixed-term nature raise many questions among business managers. The article will talk about the possible grounds for concluding such an agreement, how documents should be drawn up in this situation, and how to competently release such an employee.

A fixed-term contract is not for everyone.

An agreement on a fixed-term basis can be concluded between the parties if there is no need to cooperate for more than five years. Now let's consider possible cases for concluding such an agreement:

• You cannot enter into a contract of an open-ended nature. This is defined:

1. Features of the conditions (absence for some reason of the main contractor, the employee is involved in work that is not typical for the activities of the enterprise, the organization was created for a short period of time, employment for the duration of training);
2. The nature of the work performed (seasonal and temporary, elected position);

• by agreement, regardless of the nature and conditions of work. Based on the cases described in Part 2 of Art. 59 of the Labor Code of the Russian Federation (the number of full-time employees in an organization is less than 35 people, contractual relations with a retired employee, moving to remote areas, urgent work, eliminating an emergency situation, election of an employee based on the results of a competition, hiring representatives of the creative environment, contracts with enterprise managers, deputies, employment of full-time and part-time students).

Registration of employment records and other subtleties of hiring an employee

A hiring order is issued.

An employer is a person responsible for storing and recording one of the most important documents of an individual hired by him. It is mandatory for all employees, except part-time employees, to register their appointment, with the exception of the reason that their main place of work is another organization.

Even when the contract is concluded for a specific period, recording is also required.

1. Preparation of a draft employment contract, which states that the document is urgent, as well as an employment order;
2. Signature of the agreement, order by the director of the enterprise;
3. Fulfillment in the work book. The requirements for numbering the record and recording the date of commencement of the employment relationship must be observed. The following must be noted: record number, the start date of the employment relationship, information about the structural unit, position, link to the order;
4. Recording data on the employee’s book availability in a special accounting book;
5. Familiarization of the newly admitted person with all documents related to admission;
6. Transfer of a copy of the employment contract;
7. Conducting training on .

A little should be said about the process. Although this is a temporary employee, his induction into the position should be taken as seriously as possible, because he comes to work in the organization for a fairly long period.

If the quality of the adaptation process is low, the company may lose a worthy employee, and recruiting managers will again need to look for a specialist, which can be quite difficult given the urgent nature of the employment relationship.

Therefore, it is necessary to do everything so that the employee adapts as easily as possible and begins to produce results at the required level. To do this you can do the following:

• familiarize the newcomer with all the necessary documents;
• inform about the structure, values, corporate culture of the organization;
• talk about the features of interaction;
• provide access to all the information that an employee needs in his work (corporate directory, internal portal, access to accounting programs);
• appoint a mentor from among the most experienced and loyal team members;
• control the adaptation process and adjust tasks.

Mandatory condition for termination of a fixed-term contract

Some employers are greatly mistaken in believing that the dismissal of an employee in this case occurs automatically. becomes unlimited if the parties have not taken certain measures and the employee fulfills the duties entrusted to him.

The manager must keep this issue under control and notify the contractor of the planned termination of the employment contract.

Dismissal at the end of the employment contract

Detailed dismissal procedure.

Let's consider this procedure in detail.

1. The contractor should be notified in writing, except in the case where an employee hired under a fixed-term contract replaces the main one. No written notice is required here. The notification does not have a specific form, but there must be 2 copies (for the employee and the employer) indicating the date of dismissal;
2. Signing of the notice by the CEO/president of the company;
3. The document is registered with the obligatory assignment of a number;
4. Provide the employee with written acquaintance three days in advance with the completed notification and hand over one copy to him. It is recommended to make a note on the notification that the employee received this document;
5. The notice is filed in a special folder or attached to a personal file;
6. Drawing up an order. The document indicates that the employment contract loses its force due to the expiration of the term (clause 2, part one of Article 77 of the Labor Code of the Russian Federation) with an indication of the documents that served as the basis (contract, signed notice, employee statement);
7. sent for signature by the manager, and then it should be registered;
8. Familiarization of the employee with the order (based on Part 2 of Article 841 of the Labor Code of the Russian Federation);
9. Sending the order for storage, noting its presence in the personal file (you can make a copy and store it in the personal file of the dismissed employee);
10. Entering data into the employee’s personal card (see order data);
11. Written familiarization of the employee with all dismissal documents;
12. Transfer of information for cash payment to the accounting department;
13. Entering information about dismissal into the labor record with mandatory certification by the person responsible for document flow;
14. Familiarization of the employee with the mark in the work book, handing over the document.

The employee must sign for receipt.

Features of termination of labor relations with certain categories of workers

You can terminate a contract with a pregnant woman only in special cases.

We will initially talk about pregnant women and women who are on maternity leave, since motherhood and childhood are under special protection of the state. Let's look into this issue.

You can terminate your employment relationship with a pregnant woman in the following situations (Part 1 of Article 261 of the Labor Code of the Russian Federation):

• if a contract was concluded with the pregnant woman before the main employee left;
• in the conditions of liquidation of the legal entity where the pregnant employee was employed;
• upon termination of the company's activities.

However, a fixed-term contract is extended if the pregnant employee presents to the manager an application for extension of the employment contract and a certificate of pregnancy. Sick leave for pregnancy and childbirth is also issued on the basis of legal requirements.

If the end date of the employment relationship, indicated in the employment contract, falls during her stay on maternity leave, the employee should be dismissed subject to mandatory compliance with the requirements of the law.

A fixed-term contract with this category of employees cannot be renewed, but it is possible to conclude a new one.

The period specified in the contract is determined by the constituent documents, or, alternatively, by agreement of the parties.

The conclusion of an employment relationship may be preceded by a competition or election to a position.

Entry in the work book upon termination of the contract

Recording in the labor record is done according to all the rules.

Let us consider this procedure separately, since it is very important.

1. The entry is made in the labor record directly on the day of dismissal;
2. In the information about admission/transfer/dismissal, we indicate that the contract was terminated due to the expiration of its validity period (clause 2, part one of Article 77 of the Labor Code of the Russian Federation). We refer to the order, indicating the date;
3. The one who makes the entry indicates his position, signature, full name;
4. The document is stamped with the organization's seal. It is recommended to do this carefully, without touching the free lines;
5. The employee puts his signature on the next line;
6. This document should be given to the employee on the day of dismissal and the employee should be asked to sign the book to record the movement of books. This is important because if there is no signature, it turns out that the employer kept the document and this can lead to serious consequences;
7. If an employee is not present at work on the day of dismissal (the reasons may be completely different) and it is not possible to issue him a book, then the employer is recommended to do the following:

• draw up a written notification to the employee that the employment contract with him has been terminated (indicate the reasons - order, notice). It should also be indicated that in order to receive the book, he needs to come to where the organization’s human resources department is located to pick up the document. The employee also has the right to send a letter of consent to send a document to a postal address;
• further on the same day it is necessary to inform the employee by sending a written notification by mail. Should be sent by registered mail with return receipt requested to all employee addresses known to the employer;
• a copy/second copy of the letter must be kept in your personal file.

These measures will help you avoid troubles with inspection authorities.

What are the consequences of late issuance of a work book?

As mentioned above, the document must be given to the employee on his last day of work at the enterprise.

Certain categories of employers believe that non-delivery is a way of manipulating an employee. For example, in judicial practice there are cases when an employee did not receive a document under the pretext of the need to transfer cases, train a newly hired employee, help him in mastering business processes, etc. Naturally, it is assumed that the employee must do this on a voluntary basis, without monetary support.

Such behavior by a manager is not only unethical, it is illegal and if the employee contacts the inspection authorities, the employer will be obliged to pay monetary compensation.

Sample entry in a work book.

Is it possible to appeal the termination of such an agreement in court?

There is a possibility that a former employee will initiate legal action, so the manager should carefully follow the procedure for parting ways with the employee.

So, the employee can do this by submitting the following documents:

• statement of claim;
• contract (a copy is enough), work book (copy);
• a document showing the employee’s income level (salary certificate);
• documents that confirm the illegality of termination of employment relations.

Thus, we have found out under what circumstances a fixed-term contract should be concluded, how the acceptance and termination of an employment relationship is formalized, what risks may exist when the contract is not terminated correctly.

From this video you will learn about dismissal upon expiration of the employment contract.

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