Fixed-term employment contract for summer time. What is the limitation of the use of a fixed-term employment contract. If the temporary disability coincided with the expiration of the fixed-term contract

When hiring an employee for a while, it is better to conclude an urgent labor contract... Such a document indicates exactly the period for which the seasonal hired worker... And what to write in work book? When can a seasonal worker go on vacation? And how does the dismissal of a temporary specialist take place? See our article for tips.

Situations when there is a need for a temporary worker can be different. Let's say you need to carry out some work, but there is no person with the proper qualifications on the staff. Or, say, a specialist fell ill for a long time, the employee went to maternity leave... The solution is to hire a temporary worker. But what kind of contract can be concluded in this case?

There are two options: apply with a temporary worker civil contract(for example, a contract) or a fixed-term employment contract.

A work contract, as a rule, is concluded when it is necessary to perform a strictly defined amount of work. And the employing organization will be able to estimate and specifically describe such a volume in the contract. However, there are certain risks associated with construction contracts. Recall that the organization does not pay from payments under civil law contracts insurance premiums in the FSS of the Russian Federation (as opposed to employment contracts). Therefore, in the event of a check, the social insurance auditors will check the contracting relations with particular interest. And it is possible that officials will try to recognize them as labor in order to charge additional fees and fines.

If your company is on "simplified"

A less risky option for a company is a fixed-term employment contract. It is especially suitable when the volume of work changes and it is difficult to predict it in advance. Including in connection with seasonality or some kind of sales, promotions, when there are not enough full-time employees. Convenience is that in such a contract it is possible to prescribe exactly the period for which an additional specialist is needed. This view of the contract and we will analyze it in more detail.

An important detail

A fixed-term employment contract is suitable in the case when it is difficult to predict the volume of the proposed work in advance.

Things to keep in mind when entering into a fixed-term employment contract

A complete list of situations when an employer can conclude a fixed-term contract is in article 59 Labor Code RF. Among other things, the following cases are mentioned in this list:

a temporary employee is hired to perform the duties of an absent full-time employee;
an employee is needed to perform temporary work (up to two months) or seasonal;
an employee is hired for a part-time job by agreement of the parties.

It is important to prescribe a specific term of work in the contract. The exact date of termination of the contract is rarely written, more often they refer to some event - depending on why a temporary worker was needed. For example, if a person is hired to replace an employee raising a baby, the phrase in the contract can be formulated as follows: "This contract is concluded for the period of leave for caring for a child under the age of three, accountant A. L. Kazakova." At the same time, the absent employee will undoubtedly retain her place of work.

A fixed-term employment contract will cease to be valid when the term specified in it expires. Or an event will come, to which such a period was tied.

The temporary employee must be notified in writing that the contract is about to expire three calendar days prior to his dismissal. This is required by article 79 of the Labor Code of the Russian Federation. But this can only be done if the contract specifies a specific contract period or date. If it is impossible to determine the exact date when the temporary worker will be dismissed, there is no need to warn him in advance.

And if, at the end of the contract, none of the parties demanded to terminate the contract, and the involved specialist continues to work, then the fixed-term contract is automatically extended. In other words, it turns into an indefinite term (Article 58 of the Labor Code of the Russian Federation).

Now about the probationary period for temporary workers. The following should be remembered here. If a fixed-term contract was concluded for a period of up to two months, the employer cannot establish a test for the applicant at all. And if the term of the contract is from two to six months, it is possible to check a person for professional aptitude only within two weeks. In other cases, when a person is hired for more than six months, there are general rules: The test period can be specified in the contract within three months.

Under what conditions can a temporary worker work?

Terms of a fixed-term employment contractseasonal work temporary absence of the main employee certain work when it is impossible to set a deadline * other temporary work

Term of the contract	Up to six months inclusive (a list of seasonal work for which it is possible to provide longer term, establish industry agreements)	The contract is valid until the permanent employee starts work	The term ends as soon as the employee completes the work	By agreement of the parties to the contract
Possibility to extend the term		No		Yes, if none of the parties demanded to terminate the relationship under the employment contract
Maximum duration of working hours under the contract	Regardless of the reason for concluding a fixed-term employment contract - 40 hours per week
Maximum probation		Three months		If the term of the contract does not exceed two months, then the test is not established. Two to six months - two weeks maximum. In other cases, the maximum probationary period is three months.
Dismissal on the initiative of the employer during the probationary period	The employer can dismiss on his own initiative, without waiting for the end of the probationary period. In this case, you need to notify the employee in writing three days in advance, indicating the reasons
Number of vacation days	Two working days a month	28 calendar days per year		If the term of the contract does not exceed two months, then two working days per month. In other cases - 28 calendar days per year
Early dismissal at the initiative of the employee	An employee can quit on his own initiative, giving three calendar days' notice	An employee can quit on his own initiative, giving two weeks' notice. If the dismissal occurs before the end of the probationary period, then in three days		If the term of the contract does not exceed two months, then the employee must warn about early dismissal in three calendar days. Upon dismissal during a trial on the initiative of an employee, the term is the same. In other cases - two weeks before

* If you need a person to carry out a one-time assignment, you can conclude a civil contract with such an applicant (for example, a contract).

What to write in the work book

The fact of temporary work must be reflected in the employee's work book. As in a usual situation, the basis will be the order of the manager for hiring under a fixed-term employment contract. If then the "conscript" is decided to remain at work on a permanent basis, the transfer must also be recorded. We have given a sample of filling out a labor for a temporary worker below.

Filling out the work book of a temporary worker

Is it possible to extend the term of the contract and how to do it

Suppose a person works on a fixed-term employment contract concluded during the vacation of the main employee. And now a full-time employee is soon leaving vacation, and the employer needs the "conscript" to work for some more time. But not on a permanent basis, but again temporarily. How to arrange it?

You can extend a fixed-term employment relationship. To do this, it is necessary to conclude an additional agreement to the employment contract. Here are a couple of tips on how best to do it.

Carefully!

Rostrud does not object to companies extending fixed-term employment contracts. However, it is better to write in the agreement that the initial deadline is changed, not extended.

First advice. In the agreement, indicate that the parties have agreed to change the deadline, not extend it. The fact is that the law allows you to extend the term in such a situation only if the temporary employee becomes pregnant (part 2 of article 261 of the Labor Code of the Russian Federation). But article 72 of the Labor Code of the Russian Federation allows you to change the terms of an employment contract. Therefore, it is best to use the wording "change of time".

Second advice. Discuss with the employee all the conditions for changing the deadline no later than three days before its end. Then you will have time to notify the person about the expiration of the initial period, if he suddenly does not agree to the conditions offered to him. Otherwise, if the deadline is missed, the employee has the right to continue working already on a permanent basis, and not on a temporary basis (Article 58 of the Labor Code of the Russian Federation).

The main thing to remember

1. Usually, a fixed-term employment contract is concluded if it is necessary to replace a temporarily absent main employee. And also during the period of seasonal work or for a specific assignment.

2. It is important to notify the temporary worker that the contract is about to expire. If this is not done, the contract turns into an indefinite one. That is, a person can continue to work on a permanent basis.

Svetlana Ampleeva, chief editor of the magazine "Glavbuh"

An employment contract for a certain period may at any time be required by a personnel officer or other person who accepts personnel for work. And it is not always necessary to hire him indefinitely. In certain cases, the law allows employers to enter into a temporary employment contract with employees, a sample of which will be discussed below.

Sample fixed-term employment contract - 2018: when you need it

The document will be needed when employing an employee:

for temporary work - no longer than two months;
for seasonal work - when it can only be performed for a certain period (for example, mushroom picking is possible only in the summer-autumn season);
in organizations specially created to perform specific work in a clearly specified period;
to fulfill the duties of a temporarily absent subordinate (for example, an employee who is on parental leave);
for registration of persons undergoing alternative civilian service, etc.

Complete list legal grounds for the conclusion of a contract with an employee for a specific period is given in the 59th article of the Labor Code. And the 58th article of the Labor Code prohibits to issue it for more than 5 years.

Fixed-term employment contract - a sample of registration

Each document must be properly executed. This minimizes the possibility of challenging it. It is not difficult to create a fixed-term employment contract, but you need to know the basic rules for its registration and make sure that in ready-made versions they were respected.

A fixed-term employment contract (sample of 2018) must include:

information that it is concluded for a certain period;
an indication - which one (the document fixes the start and end date of the contract);
the basis that gives the right to conclude an employment contract for a certain period (for example, "The contract is urgent due to the seasonal nature of the work performed").

When drawing up an application for a job, it should also reflect that it will be urgent. For example, an employing citizen can write in it:

"Please accept me as a secretary for the period of parental leave of the main employee - MA Korshunova."

A sample of a fixed-term contract can be viewed.

Fixed-term employment contract - order form

If the term of the labor contract ends, and the parties decide to extend it, this is done according to the following procedure:

A verbal agreement is reached on the extension between the employer and the subordinate.
An additional agreement is drawn up to the current employment contract on the extension of its validity for a certain period - it must be indicated which one. The document is signed by each party.
The employer issues an order to change (extend) the action fixed-term contract with an employee. It also indicates the renewal period, and as a basis, the details of the concluded additional agreement are entered.

A sample order to change the term of an employment contract has not been approved by law, but it can be based on the unified form T-1, approved by the decree of the State Statistics Committee of Russia No. 1 of 05.01.2004. It can look, for example, like this

However, if the parties want to make any contract indefinite, for example, a fixed-term employment contract for 3 months, a sample order will not be needed, nor will the procedure described above. The law states that if neither the employee nor the employer demanded termination of the fixed-term contract, and the employee continues to work in the same place after its expiration, the contract automatically becomes indefinite.

Minor contract

When concluding a fixed-term contract with a teenager, the document must reflect special requirements legislation applicable to the employment of minors (Article 70, Chapter 42 of the Labor Code). In particular, they must not be assigned a probationary period or be asked to work overtime. Teenagers 14-15 years old have the right to work only with the written permission of a parent or guardian, which must be recorded when concluding a fixed-term contract.

When concluding a fixed-term employment contract with a minor, you can take a standard contract as a sample, which you will find at the link, be sure to add the necessary points to it (an indication that it is urgent, the duration of the contract and the reason for "urgency", for example, in connection with seasonal work ).

Monthly contract

The Labor Code does not establish a minimum term for an employee's contract. On the contrary, an entire chapter 45 of the Labor Code is devoted to contracts concluded for a period of less than 2 months. That is, it is not illegal to conclude labor contracts for a period of one month. But in its text it is necessary to take into account the restrictions imposed on such agreements. For example, as in the situation with adolescents, it is prohibited for such a short time take employees on probation.

for the duration of a certain work represented by a person acting on the basis, hereinafter referred to as " Society", On the one hand, and gr. , passport: series, number, issued, residing at:, hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

The employee is hired for temporary work in the Company as.
Wage The employee is rubles per month.
During the period of work in the Company, the employee reports directly.
This employment contract is concluded for the duration of the work. The work must be completed no later than. Upon the expiration of the specified period, this agreement is terminated, except for the cases specified in cl. 8 and 9 contracts.
The employee is obliged to start working from "" 2019.
The employee is obliged to fulfill the following job duties specified in the job description.
Workplace of the Employee:.
After completing the work specified in clause 4 of the contract, this employment contract can be extended by agreement of the parties, or a new employment contract can be concluded between them for temporary or permanent employment.
The employment contract is extended by indefinite term and the Employee acquires the status of a permanent employee if the employment relationship actually continues and none of the parties requested their termination in the following cases:
- if, after the expiration of the contract, the work specified in clause 4 is not performed;
- if, after completing the work specified in clause 4 of the contract, the Employee continues to perform work in this specialty and qualification.
Work in the Company is the main place of work of the Employee.
The mode of work, the rights and obligations of the parties, the grounds for termination of the employment contract and other conditions are determined in the Regulations on personnel approved by the head of the Company.
Additional conditions under this agreement:.
The terms of this employment contract are confidential and not subject to disclosure.
The terms of this employment contract are legally binding on the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.
In everything else that is not provided for by this agreement, the parties are guided by the current legislation.
The parties are guided by internal regulations Society (Staff Regulations, internal labor regulations, etc.) only on condition that the Employee is familiarized with them against receipt.
Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation.
The Agreement is drawn up in 2 copies having the same legal force, one of which is kept by the Company, and the other by the Employee.

A contract with temporary workers is a type of fixed-term employment contract, therefore, all the rules established for this type of contract apply to it. However, there are also special rules governing the work of temporary workers. The specifics of labor regulation of employees who have entered into an employment contract for up to 2 months are defined in Chapter 45 of the Labor Code of the Russian Federation. In addition, the Decree of the Presidium of the Supreme Soviet of the USSR of September 24, 1974 No. 311-IX "On the working conditions of temporary workers and employees" is currently in force in the part that does not contradict the Labor Code of the Russian Federation. Labor contracts with temporary workers in accordance with Art. 289 of the Labor Code of the Russian Federation are concluded for a period of up to two months. Moreover, the probationary period in this case is not established. In practice, very often, to replace absent workers (for example, during vacation periods), employers hire an employee with whom a fixed-term employment contract is concluded. Note that such an agreement will be recognized as concluded for an indefinite period, since an employee hired to replace a temporarily absent employee can replace only one employee temporarily absent in a given period of time. And after a permanent employee leaves for work, the employment contract with a temporary employee is subject to termination on the basis of paragraph 2 of Art. 77 of the Labor Code of the Russian Federation. It will be illegal to conclude a fixed-term employment contract for a period of up to two months to perform work that is permanent for the organization. If the temporary worker continues to work in the organization after the expiration of the contract, then such a contract is considered concluded for an indefinite period. Employees who have entered into an employment contract for up to two months, on the basis of Art. 290 of the Labor Code of the Russian Federation, within this period, can be involved with their written consent to work on weekends and non-working holidays. Work on weekends and non-working holidays is compensated in cash at least in double the amount. Consequently, temporary workers cannot be granted an additional day of rest. Temporary workers are granted paid leave or paid financial compensation upon dismissal at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).

Example An organization entered into an employment contract with a temporary worker, according to which the employee was hired from February 1 to April 1, 2010. In accordance with the terms of the contract, the organization pays him a monetary remuneration in the amount of RUB 50,000. The number of working days per 6-day working week for this period is 50 days (in February - 24 days, in March - 25 days, in April - 1 day). Since the employee has worked for 2 full calendar months, he was granted leave of 4 working days. Let's determine the average wage: 50,000 rubles. / 50 days = RUB 1000 Let's calculate the amount of vacation pay: 1000 rubles. × 4 days. = 4000 RUB

Labor Relations with a temporary worker are drawn up according to the general rules established labor legislation for hiring. When applying for a job, a person who concludes an employment contract for a period of up to two months presents to the employer all Required documents listed in Art. 65 of the Labor Code of the Russian Federation. An employment contract with a temporary employee indicates the validity period (within two months) and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract. An independent basis for concluding a fixed-term employment contract in accordance with Art. 59 of the Labor Code of the Russian Federation is the need to perform temporary (up to two months) work. In addition, the reason for concluding a fixed-term employment contract may be the need to replace a temporarily absent employee, carry out urgent work to prevent accidents, accidents, catastrophes, and the like, eliminate the consequences of these circumstances, as well as perform work outside the normal activities of the organization, and others. the reasons established by Art. 59 of the Labor Code of the Russian Federation. Since the main difference between an employment contract with temporary workers and a regular employment contract is the temporary nature of the work, the condition on the duration of the employment contract must be necessarily reflected in the employment contract. It should be noted that in the Labor Code of the Russian Federation there is no direct indication that the condition on the temporary nature of work is mandatory for this type of employment contract. However, clause 3 of Decree No. 311-IX says that persons hired as temporary workers and employees must be warned about this when concluding an employment contract. In the order (order) for employment, it is noted that this employee is hired for temporary work, or the period of his work is indicated. Consequently, in an employment contract with a temporary worker, together with a condition on the duration of the contract, the reason (or specific circumstances) that served as the basis for concluding this contract must be indicated. An employment contract with a temporary worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, and the other copy with the employee's mark: “I received the second copy of the employment contract” remains with the employer. On the basis of the concluded employment contract, an order (order) of the employer is issued on hiring (forms No. T-1, No. T-1a) and entries are made in the employee's work book and other personnel documents. As a general rule, when terminating a fixed-term employment contract, an employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing 3 calendar days in advance of the early termination of the employment contract (Art. 79 of the Labor Code of the Russian Federation). If none of the parties demanded termination of the fixed-term employment contract due to the expiration of its validity period and the employee continues to work after the expiration of the employment contract, the condition of the urgent nature of the employment contract becomes invalid, and the employment contract in accordance with Art. 58 of the Labor Code of the Russian Federation is considered concluded for an indefinite period. A similar rule is contained in sub. "A" clause 11 of Decree No. 311-IX. A temporary worker may, on his own initiative, terminate an employment contract with an employer ahead of schedule. He must notify the employer in writing about early termination of the contract three calendar days in advance (Article 292 of the Labor Code of the Russian Federation). The employer is obliged to notify the employee who has entered into an employment contract for up to two months about the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of employees in writing against signature three calendar days in advance (Article 292 of the Labor Code of the Russian Federation). Note that non-working days are also included in the period calculated in calendar days. Therefore, if the last day of the term falls on a non-working day, then the next working day following it is considered the day of the end of the term (Article 14 of the Labor Code of the Russian Federation). At the same time, temporary workers are subject to the grounds for dismissing an employee at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation), termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation), by agreement of the parties (Article 78 of the Labor Code of the Russian Federation), as well as on other grounds provided for by Art. 77 of the Labor Code of the Russian Federation.
Note! Temporary worker severance pay upon dismissal is not paid, unless otherwise established federal laws, collective agreement or labor agreement (Article 292 of the Labor Code of the Russian Federation). Leaving without good reason work by a person who has entered into a fixed-term employment contract before the expiration of the contract or before the expiration of the warning period for early termination of the employment contract is considered absenteeism (resolution of the Plenum The Supreme Court RF of March 17, 2004 No. 2 (sub. "G", clause 39). Let's consider the procedure for concluding an employment contract with a temporary worker using specific examples.

Example 1 Organization LLC "Fantasy" for the period of maternity leave accountant Fedorova I.M. hired an employee Mironova I.V., with whom a fixed-term employment contract was concluded for the period from September 1 to November 1, 2010.

Let us give approximate form an employment contract with a temporary worker.

Example 2 In the period from September 8 to November 8, 2010 OJSC "PATP-10" hired A. N. Koptyaev. for work on setting up technological equipment. A fixed-term employment contract has been concluded with the employee.

Here is an approximate form of a fixed-term employment contract.

A fixed-term employment contract - a sample of it is given in our article. In addition, in it we will tell you how to correctly draw up a document using a sample of a fixed-term employment contract, as well as provide an overview of the most common mistakes that arise during its execution.

Grounds for the conclusion of a fixed-term employment contract

The grounds for the conclusion of an urgent TD can be divided into 2 groups:

Associated with the specific characteristics of future work (regulated by paragraphs 1-13 of article 59 of the Labor Code of the Russian Federation).
Not related to the specifics of labor activity (regulated by paragraphs 14-25 of article 59 of the Labor Code of the Russian Federation). In this case, the preparation of an urgent TD is permissible only if there is a voluntary consent of both parties to the agreement (paragraph 2, clause 13 of the resolution of the plenum of the RF Armed Forces "On the application by the courts ..." dated 17.03.2004 No. 2).

Expression of will of persons not listed in par. 14-25 Art. 59 of the Labor Code of the Russian Federation, when assessing the available grounds for the conclusion of an urgent TD, the judicial authority does not take into account (see the determination of the Krasnoyarsk Regional Court of 11/28/2012 in case No. 33-10385 / 2012).

An urgent TD concluded in the absence of sufficient grounds identified in court can be qualified by the judicial authority as indefinite with all the ensuing legal consequences (including the reinstatement of the dismissed person at work, payment of appropriate compensation, etc.).

Recognition by courts of fixed-term employment contracts as concluded indefinitely: common situations

The judicial authority recognizes the urgent TD as valid indefinitely in the following cases:

The grounds for concluding an agreement are not spelled out (paragraph 10 of article 57 of the Labor Code of the Russian Federation). To avoid qualifying the contract as indefinite, the employer must prove that the grounds regulated by law actually existed, although they were not spelled out in the TD. For example, the ruling of the Kamchatka Regional Court of May 21, 2015 in case No. 33-808 / 2015 and the ruling of the Supreme Court of the Republic of Karelia dated September 1, 2015 in case No. 33-3390 / 2015.
Urgent TD is concluded on the grounds specified in par. 1-13 st. 59 of the Labor Code of the Russian Federation, but in fact the worker's functionality does not go beyond the standard activities of the organization (ruling of the Khanty-Mansi Autonomous Okrug-Yugra court dated 06.12.2011 in case No. 33-5544 / 2011).
Urgent TD signed with the head structural unit legal entity in the absence of other grounds regulated by Art. 59 of the Labor Code of the Russian Federation. On the head of the structural unit, the rules of para. 21 Art. 59 of the Labor Code of the Russian Federation do not apply (see the definition of the Moscow City Court of 12/18/2013 in case No. 4g / 8-12759).
An urgent TD was concluded under duress (paragraph 3, clause 13 of Resolution No. 2). Usually, the court interprets the very fact of signing the contract by a person as its voluntary conclusion (for example, the determination of the Armed Forces of the Republic of Tatarstan dated 01.12.2014 in case No. 33-16227 / 2014). In the situation under consideration, witness testimony can be cited as evidence of the forced signing of the TD (see the definition of the Voronezh Regional Court dated 25.01.2011 No. 33-340).

Conclusion of a fixed-term employment contract: we determine the term

The longest period for which such an agreement can be concluded, according to general principle is 5 years (Article 58 of the Labor Code of the Russian Federation).

The expiration of an urgent TD is tied to a specific date or the occurrence of certain circumstances. So, if an urgent TD was entered into for the performance of work, exact date the end of which cannot be determined, the contract will be deemed to have ended upon completion of such work.

Another option is when an urgent TD is signed with an employee who is hired by an organization created for a predetermined period or to achieve a set goal. In this situation, the termination of the urgent TD is possible only in the event of the actual termination of the organization's activities without the transfer of its rights and obligations by way of succession (clause 14 of Resolution No. 2).

Important! Revealing the fact of multiple conclusion of urgent TD for a short period to perform similar labor functions gives the judicial authority the right to recognize such an agreement, taking into account other circumstances in each specific case, concluded for an indefinite period.

For example, according to the determination of the Pskov Regional Court of 11.06.2013 in case No. 33-903 / 2013, the employer was unable to prove the validity of the repeated conclusion of urgent TD, and therefore the relevant labor relations were recognized as established for an indefinite period.

In another situation, the court did not see in the fact of multiple conclusion of urgent TD with the same person as a violation of the norms of the Labor Code of the Russian Federation, since the need for just such a formalization of labor relations was directly related to the specifics of the work (see the definition of the Armed Forces of the Republic of Sakha (Yakutia) from 11/16/2015 in case No. 33-4168 / 2015).

Termination of a fixed-term employment contract

The basis for the termination of an urgent TD is the expiration of its validity period, depending on the date or event specified in it. The only exceptions will be situations when relations within the framework of the contract de facto continue and none of the parties has expressed an intention to complete them (clause 2, part 1 of article 77 of the Labor Code of the Russian Federation).

The expiration of the term of the TD in itself is recognized as the basis for the termination of relations under the relevant agreement. When resolving disputes by the courts, it is indicated that the circumstances associated with the expiration of the TD period cannot depend on the will of the employer. Consequently, the guarantees regulated by the Labor Code of the Russian Federation for employees whose dismissal is initiated by the second party to the contract, in cases of termination of urgent TD on the grounds of paragraph 2 of Art. 77 of the Labor Code of the Russian Federation do not apply.

In the situation under consideration, the employee may be fired, including:

during the period of temporary incapacity for work and being on vacation (determination of the Moscow Regional Court of 18.02.2015 in case No. 33-3722 / 2015);
while on parental leave (for example, the determination of the Irkutsk Regional Court of 11/19/2014 in case No. 33-9495 / 14).

At the same time, the Labor Code of the Russian Federation grants pregnant employees the right to apply to the employer with an application to extend the TD before the end of pregnancy or the end of maternity leave, if it was provided to her in the proper manner. The application must be accompanied by a medical certificate confirming the pregnancy. If these conditions are met, the employer cannot refuse to extend the term of the TD (paragraph 2 of article 261 of the Labor Code of the Russian Federation).

Labor relations in case of prolongation of a fixed-term employment contract or its transformation into an indefinite one

As mentioned above, an urgent TD can be transformed into an indefinite one if none of the parties to the legal relationship filed a demand to terminate the contract due to the expiration of its validity period and the employee did not stop performing work after the date or event with which the end of such TD (paragraph 6 of article 58 of the Labor Code of the Russian Federation).

Formally, the prolongation of an urgent TD is allowed by law in 2 cases:

at the request of a pregnant employee within the framework of paragraphs. 2 tbsp. 261 of the Labor Code of the Russian Federation (the situation is discussed above);
by written agreement of the parties in relation to a specialist in the pedagogical sphere, who is a member of the teaching staff, elected to the position he replaces by competition (paragraph 8 of article 332 of the Labor Code of the Russian Federation).

At the same time, Rostrud notes: the Labor Code of the Russian Federation assumes the admissibility of making adjustments to the TD, regardless of its type (urgent or indefinite), including in terms of changing its validity period (see letter dated 31.10.2007 No. 4413-6). Thus, the urgent TD can be extended by drawing up an additional agreement. Although the number of such renewals is not limited, the maximum period for each renewal should not exceed 5 years.

The law establishes that a dismissed employee working on an urgent TD must be notified by the employer of the termination of the contract at least 3 days in advance (paragraph 1 of article 79 of the Labor Code of the Russian Federation). Nevertheless, non-compliance by the employer with the regulations is not interpreted by the courts as a basis for recognizing the dismissal of an employee as illegal, and an urgent TD - transformed into an indefinite one (see the determination of the Irkutsk Regional Court of 23.01.2013 in case No. 33-450 / 13).

So, the conclusion of an urgent TD must have sufficient legal basis. Otherwise, such an agreement will be deemed indefinite. The grounds for the conclusion of an urgent TD must be spelled out in the text of the document. Otherwise, in the event of disputable situations, the employer will have to prove their actual existence.

A violation by the employer of the procedure for notifying the employee about dismissal 3 days before the upcoming termination of the urgent TD in itself is not a reason for his reinstatement at work.