Fixed-term employment contract in the Russian Federation. In what cases is a fixed-term employment contract mandatory? How to fire an employee at the end of the employment contract

A company can hire employees either for a permanent period or for a strictly limited period. In the latter case, a fixed-term employment contract is signed. Depending on the circumstances of a particular hire and the specifics of the organization’s work, a fixed-term employment contract is concluded either taking into account the assigned work (Part 1 of Article 59 of the Labor Code of the Russian Federation), or by mutual agreement of the manager and employee (Part 2 of Article 59 of the Labor Code of the Russian Federation).

When you do not need to obtain employee consent

The Labor Code provides for certain categories of employees who can be hired only for the time when a fixed-term employment contract is mandatory, in other words, when a contract for an indefinite period cannot be concluded.

So, for example, it would be unlawful to hire an employee who, for health reasons, is only allowed to work temporarily for a fixed-term employment contract, or a general director, if the company’s constituent documents stipulate that the employment contract with him is concluded for a certain period (Part 1 of Article 275 of the Labor Code RF).

The absence of the employee’s consent in this case means that the employment contract will not be concluded at all. In other words, if an employee does not agree to sign a temporary contract, the company will not have an obligation to enter into a permanent contract (as will happen if a fixed-term employment contract is signed by agreement of the parties - see below).

Cases when a temporary contract can be concluded without the employee’s consent

A fixed-term employment contract is concluded in cases where either the specifics of the work or the conditions for its implementation do not allow hiring an employee permanently (Part 1 of Article 59 of the Labor Code of the Russian Federation). At the same time, the contract itself must indicate the duration of the fixed-term employment contract. The maximum contract term is five years.

The list of grounds for concluding a temporary contract is open and can be supplemented with grounds that will be further provided for by the Labor Code of the Russian Federation or other laws.

Today it is:

• replacing a temporarily absent employee (as a rule, we are talking about maternity leave);
• temporary work (no more than two months);
• seasonal workers;
• employees sent to work abroad;
• employees hired for non-standard work for the organization (installation, reconstruction) or in case of temporary expansion of production;
• the entire staff of employees hired by companies created for a limited period or to perform specific temporary work (project work), incl. if the end of work cannot be determined in advance;
• interns and interns;
• holding an elected position;
• workers sent by the employment service to temporary (public) work;
• alternative civil servants.

Agreement of the parties on a fixed-term employment contract

If there are no circumstances of the temporary nature of the work that would justify the urgency of the employment relationship, the employee and his manager can agree to sign a fixed-term employment contract - the Labor Code provides this possibility. This, however, cannot always be done, but in strictly defined cases (Part 2 of Article 59 of the Labor Code of the Russian Federation):

• hiring for a small business entity (number of employees - less than 35, and if we are talking about retail and consumer services - less than 20);
• hiring old-age pensioners or employees who, for health reasons, are only allowed to work temporarily. It must be emphasized here that we are talking specifically about hiring a new employee, and not about a working pensioner under an indefinite employment contract. In the latter case, it is absolutely impossible to “transfer” him to a fixed-term employment contract, this is illegal;
• hiring an employee to the Far North region if he is expected to move;
• hiring employees through competition;
• hiring creative workers (media, circuses, theaters, etc.);
• hiring managers, their deputies and chief accountants of companies;
• hiring full-time students;
• hiring seamen;
• hiring part-time workers;
• hiring employees to prevent emergencies, accidents, epidemics and other similar events, as well as to eliminate the consequences of these events if they have already occurred.

The nuances of concluding a temporary contract by agreement of the parties

The main point that needs to be monitored when concluding a fixed-term contract by agreement of the parties is voluntariness. This means that both the employee and his manager really prefer to limit the duration of their employment relationship and voluntarily refuse an open-ended employment contract.

The fact of voluntariness is confirmed by the signatures of the parties to the contract; a separate written agreement for a fixed-term employment contract is not required to be signed.

In the contract itself, it is necessary to emphasize that it is urgent, confirm this with an appropriate basis (for example, the fact that the employee is studying full-time at a university). It is necessary to ensure that the employee has a supporting document (training document, pension certificate, etc.).

Registration of a fixed-term employment contract

The fact of signing the contract must be recorded in an order (indicate in it the grounds for concluding a temporary contract), and the personnel employee must make a record of hiring in the work book.

The term of the contract must be fixed in it, otherwise de jure the contract will be considered unlimited (Part 3 of Article 58 of the Labor Code of the Russian Federation). In this case, it will be possible to terminate it only on the general grounds of the Labor Code of the Russian Federation for fixed-term contracts (Chapter 13 of the Labor Code of the Russian Federation).

In the work book, unlike an order and a contract, it cannot be indicated that the employee is hired by the company temporarily - neither the Labor Code, nor the Instructions for filling out work books, nor the Rules for maintaining and storing work books give permission for this. Otherwise, the company may be subject to administrative liability (

A fixed-term employment contract is concluded with an employee in the case where the nature of the proposed work or the conditions for its implementation do not allow concluding a contract for an indefinite period. In other words:

• or under circumstances in which it is impossible to conclude a permanent employment contract. For example, in the case of hiring an employee whose job is retained. Let's say for a period;
• or, but subject to certain conditions. For example, small businesses with no more than 35 employees (in general) have the right to hire workers under fixed-term employment contracts.

Hiring under a fixed-term employment contract

Concluding a fixed-term employment contract has its own problems. It must be written in it. As a standard, it cannot exceed 5 years. If the term is not specified in the contract, then the contract is considered to be concluded for an indefinite period. By the way, in some cases, a fixed-term employment contract.

A conscript employee may be assigned. However, if the contract is concluded for a period:

• from 2 to 6 months, then the test cannot last more than 2 weeks;
• up to 2 months, then a probationary period cannot be established at all.

Based on the order for hiring an employee, this must be done. This includes cases where a fixed-term employment contract has been concluded with an employee. But information about the duration of the contract is not indicated in the work book.

In this article we will look at how a fixed-term employment contract is drawn up, and also find out why it is necessary and what role it plays.

Terms and basic concepts

A fixed-term employment contract is a document under which an employee will work for a certain period of time. In this case, the boss concludes that after the completion of this period, the employment relationship will be completed.

People decide to secure such an agreement due to certain reasons, for example, if a job applicant does not have the right to enter into an open-ended agreement:

1. Due to the fact that the employee who previously occupied the vacant position is currently on maternity leave (the law establishes that this position still belongs to that employee).
2. In connection with seasonal work, when, for example, a harvester is needed, and the organization during this period cannot provide effective work without attracting additional labor.
3. Work under a fixed-term employment contract, where employees are now being recruited, is not permanent and lasts approximately 2 months. For example, if a company wanted to use advertising, so now it needs promoters (see), who will “promote” the organization by distributing leaflets on the street.
4. New employees may also be required if the company is just starting to go public, so a designer needs to develop a logo or create a website.
5. The organization now needs people who will be involved in the same area: interns, interns, etc.
6. There are also situations when it is possible to conclude an open-ended contract, but on the basis of the law it is better for the employee to set a specific date for the end of work in the organization.

Who is most often included in the circle of such people:

• managers, their deputies and the company’s accounting specialist;
• students who are studying full-time;
• part-time workers;
• people who work to prevent emergencies;
• pensioners re-employed upon reaching a certain age and persons with disabilities who cannot work on a permanent basis due to poor health;
• employees of individual entrepreneurs, where the number does not exceed 35 people;
• workers on sea and river vessels;
• persons who are looking for work in connection with moving to the Far North;
• creative workers (writing, theater, cinema, circus).

If you want to see the full list of professions, all information can be found in articles 58 and 59 Labor Code of the Russian Federation.

Sample document

When is it necessary to conclude a fixed-term employment contract?

In what cases should the following form be drawn up:

• for the period of replacement of an absent employee who is still assigned his previous place of work;
• for the period when it will be necessary to perform temporary work;
• seasonal work;
• if a person is transferred to work abroad;
• for the implementation of work that goes beyond the normal activities of the employer;
• with people who are going to enter into a contract with a company created for a short period of time;
• with employees who are hired to carry out specific work in situations where its completion cannot be set by a specific date;
• to carry out work directly related to practice or additional professional education in the form of an internship;
• in case of employment in state authorities and local self-government, in political parties and other public associations;
• with people who were redirected by the State Health Service to non-permanent work and public works;
• with persons who are going to undergo AGS;
• other situations established by law.

Positive and negative characteristics

The following positive traits have been identified for the employee:

• the presence of certain social guarantees;
• receiving a specific amount after dismissal due to the termination of the enterprise;
• a fixed-term contract can only be drawn up if all the requirements prescribed by law are met.

However, there are also negative properties:

• leaving work due to the fact that the contract has ceased to be valid;
• dismissal due to the return of an old employee;
• difficulties encountered due to the need to care for the child;

As for the person who hires employees in connection with the execution of a temporary contract, then the minus for him may be the pregnancy of the employee, and, accordingly, removal from office for some time. In this situation, the contract cannot be terminated only if the organization ceases to exist.

If we talk about the positive side, then it must be said that in this case the employer can completely control the actions of the employee.

What are the conditions for concluding a fixed-term employment contract?

The Labor Code sets out the basic requirements and rules. The document specifies the unconditional grounds and conclusion of the document in connection with the agreement of both parties.

Let's consider a fixed-term employment contract and its conditions:

• fixation of the contract due to another employee leaving the place of work for some time;
• establishment of temporary or seasonal work;
• work abroad;
• due to an increase in volumes at the enterprise;
• if the company will operate only for a specific time;
• during the internship period of the future employee;
• at the time of attachment to the vacancy in question;
• with inconsistent funding of the elected body;
• when working at the labor exchange and at the ACS.

Main features of the contract by agreement of the parties

Dismissal in this case will have several nuances:

1. Article 78 of the Labor Code of the Russian Federation contains information that the document may cease to be valid at any time. Thus, an employee can be fired, even if at that time he is on vacation or sick leave. With the help of such a basis, the boss can carry out the reduction as quickly as possible.
2. The employee in this case also has a number of advantages, since there is no need to notify your boss within two weeks that you are leaving your place of work. The employee will receive payments immediately, and not partially. An additional advantage is that upon dismissal there will be no need to discuss this topic with trade union organizations (81 Labor Code of the Russian Federation).

An agreement for professional training in an organization with a future employee or for professional retraining with an employee of this organization may also be terminated (208 Labor Code of the Russian Federation). Such a document must be terminated at the moment when it ceases to be valid or due to the conditions specified in the form.

It is possible to extend the term of a contract that establishes a fixed-term employment relationship for some period of time.

If you choose an extension for an indefinite period, then you will not need to sign additional documents, since, according to the terms, the contract ceases to be valid over time. However, the relationship based on an agreement between the employee and the employer on the personal performance of the employee's work function is still real even after the date that establishes the end of the fixed-term employment contract: he will be given a place in the office, and the citizen will also receive a salary.

If you are planning to renew your employment contract for a certain period, then you need to draw up an additional application document. We remind you that the duration of the relationship under a fixed-term contract cannot exceed 5 years.

Extension of a fixed-term employment contract for a new term

In 2018, it was established that an agreement for a specific time is more necessary for the employer than for the employee. Why? This is explained as follows: management takes responsibility only for a while, so they can break the contract at any time. It is more profitable for an employee to get a job on a permanent basis, since he can independently decide when to leave work.

That is why the extension of a fixed-term employment contract for a new term is carried out only if a person has really serious reasons for this.

How to hire staff under a fixed-term employment contract

Let's take a closer look at what stages exist in the preparation of the document in question:

1. Direct conclusion of the contract. Here you need to specify the period (specific date, if available, and other mandatory conditions). Before signing a document, the employee must study the internal regulations.
2. The company issues an order for the employee to start working. The employee must sign the form within three days.
3. Registration of a work book.
4. Filling out a personal card in accordance with the sample.

Probation

Article 70 of the Labor Code of the Russian Federation contains a complete list of people for whom a probationary period is provided. This includes persons who:

• draw up a contract for a period of up to 2 months;
• passed the competition;
• receive a salary for an elected position;
• AGS persons;
• are engaged in raising their children under 1.5 years old and pregnant women;
• graduates who have just graduated and are now getting a job based on their diploma, as well as students who have been in practice with this enterprise;
• have not reached the age of 18;
• were transferred from another boss.

1. Employees who will be at the enterprise for 2-6 months – 2 weeks.
2. Managers, deputies, chief accountants – 0.5 years.
3. Employees performing certain duties in accordance with their position in the civil service - month-6 months-year.
4. In other cases it is set to 3 months.

Features when working with pensioners

The boss can enter into an agreement with the pensioner for a certain period. However, there is a nuance here: if you currently have an open-ended contract, but upon reaching retirement age, a citizen wants to transfer the contract to a fixed-term type, this is not necessary.

Vacations

A person receives vacation or sick leave according to basic rules that do not depend in any way on the time period of the contract.

How to fire a pregnant woman

Article 261 part 2 of the Labor Code of the Russian Federation states that at this period in a woman’s life it is impossible to terminate a fixed-term employment contract, even if its term for concluding a fixed-term employment contract has expired.

Based on a written application, it is only possible to extend the contract until the birth of the child.

There is also a small nuance here: if the girl was a replacement for an absent employee, then after his departure the expectant mother will have to find another open vacancy. If the transfer cannot be made, then it is necessary to provide a written refusal from the employee.

For what period is a fixed-term employment contract concluded?

A fixed-term employment contract is concluded for a period of up to 5 years, and the minimum is not limited, that is, in fact, a contract can be concluded for 1 day.

Expiration or termination of a fixed-term employment contract and the reasons for such a procedure

Early termination may occur in the following situations:

• with the consent of both persons (Article 78);
• filling out an application from the employee (Article 80), as well as providing the boss with this information 14 calendar days in advance;

Features of a temporary employment contract

In this case, the person must necessarily indicate the period for which he enters into the contract.

However, there are cases in life when it is impossible to say for sure about the termination of a document (maternity leave). In this situation, the end date of the contract will be set after the employee returns from vacation.

As we can see, a fixed-term employment contract requires careful consideration of all aspects. Extension of a fixed-term employment contract is possible only in certain cases, which we discussed earlier. Hiring under a fixed-term employment contract can happen, but this is a more profitable option for the employer than for the employee himself.

Interesting facts

1. Temporary work is most often preferred by students, housewives or retirees who want to earn extra money in their free time.
2. Judicial practice shows that frequent renewals do not comply with the law.
3. In the history of entrepreneurship, it has happened that a business owner needed to liquidate a company in order to fire an unwanted expectant mother in accordance with the law, so as not to get into legal squabbles.

- This is an employment contract concluded for a certain period.

Concluding a fixed-term employment contract requires serious reasons from the employer. Violation of the rules for its preparation and execution may lead to the fact that a temporary employee will have to be employed on a permanent basis.

Regulatory framework

Types of contracts are described in Article 58 of the Labor Code of the Russian Federation. The grounds for drawing up a temporary contract are specified in Article 59 of the Labor Code of the Russian Federation.

The end of the temporary contract is regulated by paragraph 2 of Article 77 of the Labor Code of the Russian Federation.

The exclusion of a probationary period for employees hired under a fixed-term contract is stipulated in Article 289 of the Labor Code of the Russian Federation.

The duration of seasonal work for which a fixed-term contract is concluded is described in Article 293 of the Labor Code of the Russian Federation, and the list of these works, the accrual of length of service and the procedure for this process are listed in Decree of the Government of the Russian Federation of July 4, 2002 N 498.

Mandatory grounds for concluding an employment contract

Article 59 of the Labor Code of the Russian Federation contains two main sections devoted to possible grounds for concluding a fixed-term employment contract. Thus, part 1 of this article includes a list of situations in which the signing of a fixed-term employment contract is mandatory. This includes the following circumstances:

the need to perform the duties of a key employee who, for reasons established by current legislation, is unable to perform his job duties, but has the right to retain his job;

the need to perform seasonal or temporary work, and the duration of the latter for the purpose of concluding a fixed-term employment contract should not exceed two months;

attracting employees to work abroad;

the organization’s need to temporarily expand the volume or range of work performed or services provided;

attracting employees to work in organizations created for a certain period of time, or to perform work that is temporary. This type of activity includes, among other things, public works, work directed by employment authorities and alternative civil service;

training of employees in the form of internships, internships or other educational activities in order to master skills and knowledge within a specific profession or specialty;

work in elected positions or in the team of an official elected to perform political tasks, tasks of municipal or public service for a certain period of time;

other situations provided for by current legislation.

Thus, if the need to attract an employee to work is caused by one of the listed reasons, the employer is obliged to conclude a fixed-term employment contract with such an employee.

Current legislation does not allow other options for formalizing labor relations in these circumstances.

Validity period of a fixed-term employment contract

The duration of the employment contract must be clearly indicated in its text. The permissible duration of a fixed-term employment contract is determined by Art. 58 Labor Code of the Russian Federation. According to this section of the Labor Code, the maximum validity period of such a document is five years. Moreover, by mutual agreement of the employer and employee, fixed-term employment contracts can be concluded for any period within the specified limitation.

Please note that the minimum period for concluding a fixed-term employment contract is not established by law.

What is the difference between a fixed-term and an open-ended contract?

For ease of comparison, we present the data in the form of a table:

The nuances of drawing up a fixed-term employment contract

The employment agreement must be concluded taking into account certain legal requirements. A typical fixed-term employment contract should include the following information:

information about the parties who entered into it;

subject of the agreement;

the period of validity of the agreement;

Fixed-term employment contract: details for an accountant

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  Work book? It is necessary to extend the term of a fixed-term employment contract (possibly by changing the employment contract... prolongation of a fixed-term employment contract" recommended to the parties in the event of "transformation" of a fixed-term employment contract into... concluding a fixed-term employment contract was entered correctly (without indicating the fact of concluding a fixed-term employment contract ), then... when concluding an additional agreement to change a fixed-term employment contract to...

• The nuances of transfer when concluding a fixed-term employment contract

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• How to transfer an employee from a permanent to a fixed-term employment contract?

  According to legal acts, a fixed-term employment contract must be concluded. How to transfer an employee from an indefinite term... legal acts require a fixed-term employment contract to be concluded. How to transfer an employee from an indefinite term... Article 58 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded only in that case... . Thus, it is legal to transfer an employee to a fixed-term employment contract only through his dismissal...

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• Rostrud on employment contracts

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• We transfer an employee from a fixed-term contract to an open-ended one and vice versa

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• Difficult situation with dismissal of an employee on parental leave

  A temporarily vacant position is accepted under a newcomer’s fixed-term employment contract. However, he can also... dismiss female employees signed on fixed-term employment contracts during the employee’s absence for...? Since both employees were hired on fixed-term employment contracts for the period of absence of the main employee... no need. A record of converting a fixed-term employment contract into a contract for an indefinite period... of them. * * * As we see, concluding a fixed-term employment contract for the period of absence of the employee, for...

• The Supreme Court of the Russian Federation on the grounds for the emergence of labor relations and the procedure for their registration by employers-microenterprises

  For employees of micro-enterprises How to justify the conclusion of a fixed-term employment contract? In paragraph 25 of Resolution... No. 15 it is noted: when concluding a fixed-term employment contract with an employee, the micro-enterprise employer must... cases where the conclusion of a fixed-term employment contract is allowed due to the nature of the work to be done... in particular, include: concluding a fixed-term employment contract with an employee entering work... in the event, by agreement of the parties, to conclude a fixed-term employment contract (Article 304 of the Labor Code of the Russian Federation). ...

• Part-time employees: hiring, dismissal, transfer

  Conclude both an open-ended and a fixed-term employment contract. Moreover, the basis for the conclusion... . 2 tbsp. 59 it is allowed to conclude a fixed-term employment contract by agreement of the parties with any... it is allowed to dismiss a part-time worker working under a fixed-term employment contract in connection with hiring...

• How to arrange an internship correctly?

  No, then the employer, concluding fixed-term employment contracts, bears significant risks, in... training, it is allowed to conclude a fixed-term employment contract with the employee. The contract is concluded for a certain... - expiration of the employment contract. A fixed-term employment contract is also convenient and expedient, for example... in some cases, when concluding a fixed-term employment contract, a probationary period is not established (... But it is impossible to conclude a new fixed-term employment contract, since there is no justification...

• Features of alternative service

  After completing alternative service, a fixed-term employment contract is concluded. In this case, the start day... will be the day the employer terminates the fixed-term employment contract upon termination of the alternative civil... may: refuse to conclude a fixed-term employment contract, as well as from execution... by the employer's representative; terminate (terminate) a fixed-term employment contract on your own initiative; leave the worker..., the employer terminates the fixed-term employment contract with him, makes a full payment, issues...

  Part-time). In this case, a fixed-term employment contract is concluded, in which, by virtue of Article... (Article 282 of the Labor Code of the Russian Federation). Finally, a fixed-term employment contract may not be concluded based on... the position was accepted by the employee under a fixed-term employment contract, the contract is terminated or reclassified to...

• Dismiss without trial

  A pregnant employee has come to the end of a fixed-term employment contract, then her employer undertakes to renew... and a medical certificate. An exception is if a fixed-term employment contract is concluded for the duration of the performance of duties... Labor Code of the Russian Federation); the expiration of a fixed-term employment contract, and the employer is obliged to notify in writing...

The term for which the contract is concluded is the duration of the contractual obligations of the parties. Depending on the duration of the term, contracts are divided into one-time, short-term, long-term, and unlimited. Particular importance is attached to specifying the term when concluding an employment contract. It is in the interests of the employee to enter into a long-term employment relationship with the employer, therefore the Labor Code establishes that, in the general case, it should be concluded for an indefinite period.

When can you conclude a fixed-term employment contract?

Situations in which a fixed-term employment contract is concluded are given in Article 59 of the Labor Code of the Russian Federation. The grounds on which the term of an employment contract is specified can be divided into two groups:

• the employment relationship cannot be established for an indefinite period due to the nature of the work or the conditions of its performance;
• The parties, by mutual agreement, establish a certain period of validity of the employment contract, but only in cases permitted by law.

Please note: an employee cannot initiate the conclusion of a fixed-term contract if the grounds given in Article 59 of the Labor Code of the Russian Federation are not available. Even if the employee knows in advance how long he will work in this place (for example, he will move to another city), the employer must still enter into an open-ended employment contract.

The list of situations in which a fixed-term employment contract is concluded is incomplete, i.e. additional grounds may be adopted by federal laws. When specifying the term in the employment contract, be sure to indicate the reason why it is urgent. The remaining mandatory conditions of a fixed-term contract are no different from those of an open-ended contract.

The entry is made in the usual manner, but the period for which the employee is hired is not indicated. However, upon dismissal, an entry stating that the employment contract has been terminated due to its expiration must be made.

For how long can a fixed-term employment contract be concluded?

The longest term of an employment contract is five years; the minimum term is not established by law. Theoretically, it is possible to conclude a fixed-term employment contract for one day, but in this case it is easier to formalize the relationship with the employee in the form of a civil law contract.

You can specify in the employment contract the expiration date by a specific date or by indicating a specific event. For example, if it is unknown when a permanent employee will return to work, the term in the contract can be specified as “For the period of temporary disability of a permanent employee who retains his job” or “Until the main employee returns to his work duties.”

It is not allowed to enter into a fixed-term employment contract multiple times to perform the same job function (with the exception of teachers and athletes). Such an agreement can be reclassified as an open-ended one, and the employer can be brought to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation (fine up to 100 thousand rubles for organizations and up to 20 thousand rubles for individual entrepreneurs).

An exception is the situation when an employee under a fixed-term contract replaced a permanent employee, and after his departure, another fixed-term contract for the same job function was concluded with the temporary employee. For example, a salesperson was hired during the maternity leave of a permanent employee, and when he returned to work, a fixed-term contract was again concluded with the temporary employee, with his consent, but with different dates.

It will also not be considered a violation of labor legislation to repeatedly conclude a fixed-term employment contract with the same person and for the same position if the contract is concluded with a director re-elected in the manner prescribed by the charter.

Termination of a fixed-term employment contract before expiration

The fact that the parties entered into an employment contract with a specified period does not mean that it cannot be terminated earlier. For termination of a fixed-term contract, the same grounds for termination exist as for an open-ended one:

• agreement of the parties - Article 78 of the Labor Code of the Russian Federation;
• employee initiative - art. 80 Labor Code of the Russian Federation;
• employer's initiative Art. 81 Labor Code of the Russian Federation.

In addition, a fixed-term contract can be terminated based on the results of the test (Article 70 of the Civil Code of the Russian Federation). It is not always possible to establish a probationary period when concluding a fixed-term employment contract. This possibility depends on the specific period for which the contract is concluded and for what work:

• for temporary work, as well as in the case of any other engagement of an employee for a period of up to two months, a probationary period is not established at all;
• for seasonal work, and if the contract period is from 2 to 6 months, the probationary period cannot be more than two weeks;
• if the contract is concluded for a period of more than six months, then the probationary period should not exceed three months or six months for certain categories of employees (managers and their deputies, chief accountants and their deputies).

In addition, regardless of the term of the employment contract (fixed-term or indefinite), a probationary period is not established for pregnant women, women with children under one and a half years old and employees under eighteen years of age.

How to fire an employee at the end of the employment contract?

The expiration of a fixed-term contract does not mean that it is terminated automatically. The fact is that the norm of Article 58 of the Labor Code of the Russian Federation applies here. According to it, if none of the parties to a fixed-term employment contract demands its termination, then the contract automatically becomes indefinite.

At the same time, Rostrud believes that in order to record the fact of changing the term of an employment contract and transfer it from fixed-term to indefinite, it is necessary to draw up an additional agreement to change the term to the fixed-term contract. If the employee insists on signing such an agreement, then it should be drawn up, but in any case (whether this agreement is formalized or not), by virtue of Article 58 of the Labor Code of the Russian Federation, the employment contract becomes unlimited.

If the employer nevertheless intends to terminate the employment contract concluded for a certain period, then about this he is obliged to notify the temporary worker in writing. This must be reported at least three days in advance. It is not necessary to wait exactly three days before the expiration of the contract; this can be done earlier, the main thing is not to miss this three-day period.

In case of disputes, the employer must have confirmation that the employee has been informed of the termination of the employment contract. To do this, you need to prepare two copies of the notice, one of which with the employee’s signature is kept by the employer. If the employee refuses to sign, a corresponding act is drawn up, for which it is necessary to attract at least two witnesses.

Notification is not required only if a fixed-term contract was concluded for the period of absence of a permanent employee (Article 79 of the Labor Code of the Russian Federation).

A situation may arise that the employee, just before the expiration of the contract, fell ill and is on sick leave. In any case, the employer, if he intends to terminate a fixed-term employment contract, must try to contact him, otherwise a dispute may arise as to whether the contract has been terminated. If the employee, for some reason, is unavailable, then he must be notified of the termination of the employment contract by registered mail with a list of the contents and delivery notification. This will confirm that the employer notified the employee of its decision in a timely manner.

The Labor Code especially protects the interests of such a category of workers as pregnant women. It is possible to terminate a fixed-term employment contract with a pregnant employee due to its expiration only if two conditions are simultaneously met:

• a temporary worker was hired during the absence of a permanent employee;
• the employer cannot offer the pregnant woman another job or she herself has refused the offered vacancy (at the same time, she cannot be offered a job that she cannot perform for health reasons).

If a pregnant employee agrees to another place of work, instead of where the permanent employee returned, then the term of the employment contract is extended and such an employee can be dismissed on the day the maternity leave ends. The employer is obliged to extend the employment contract until the end of pregnancy in any case, even if the pregnant woman was hired to perform a certain amount of work, and all of this scope has already been completed.