How to formalize the hiring of an employee for the period of temporary transfer of the main employee (transfer from a mechanic to a boiler room operator) After the end of the boiler room operating season, everything will return to its place.

According to the basic rule, employment is formalized by signing an employment contract, the validity period of which is not defined, and termination may be provoked by reasons specified by the Labor Code.

However, if the main employee is absent from the place of work for a long period of time for valid reasons, a temporary employee may be hired in his place.

The procedure for accepting persons whose service life is previously known is identical to the main employment process, however, the documents themselves may have some differences.

In addition, a temporary employee is endowed with special rights and guarantees, the observance of which is mandatory.

In what cases can an employee be hired for a temporary position?

Labor legislation provides for the possibility of registering a worker for temporary work in the absence of the possibility of concluding an open-ended employment agreement.

How to correctly formalize acceptance under a fixed-term employment contract - step-by-step instructions

The legislator regulates identical procedures for hiring temporary and permanent workers to perform job duties.

The first stage of hiring is posting a vacancy about the availability of a temporary vacant position.

As a rule, the employer indicates the reason for the absence of a permanent employee to clarify the period for which a potential temporary employee will be hired.

After posting a vacancy, the employer reviews the candidates who responded to it and invites the best candidates for further interviews.

When inviting candidates, they are given a list of documents required for employment, the presence or absence of which may be an advantage for admission or a reason for refusal of employment.

The employer independently decides on the topic of the interview and the form of its organization.

A person authorized by management (HR service or direct management) conducts a conversation to determine the candidate’s suitability for the vacant position.

What documents are needed?

It was stated above that the hiring process temporarily corresponds to the hiring of an employee for a permanent job.

The list of documents that accompany this type of employment also does not differ from the standard ones, it includes:

temporary employment contract;
The order of acceptance to work;
the potential temporary worker may also be required to complete an application for employment.

Hiring procedure

Before concluding a fixed-term employment contract with an employee, it must indicate 2 main conditions that identify it as a fixed-term one:

term;
base.

According to Article 57 of the Labor Code of the Russian Federation, the term of the contract should not be more than 5 years , otherwise the court will recognize the contract as unlimited. This is a necessary maximum that cannot be crossed, but nevertheless, even an agreement with such a period can be extended, although no law provides for such a legal procedure. And if you intend to carry out this procedure, then it would be a good idea to read the article “Extension of a fixed-term employment contract.”

The term of the contract can be changed in relation to pregnant women, athletes and university employees. Pregnant women need to provide the employer with a medical certificate about their situation and write a corresponding application.

In this case, the contract is extended until the end of the pregnancy or maternity leave in accordance with Article 261 of the Labor Code of the Russian Federation. Protecting the rights of pregnant women is a priority for the legislator, but exceptions are cases when a pregnant employee replaces a temporarily absent employee. If this applies to your specific case, then read the article “Fixed-term employment contract with a pregnant woman,” which describes in detail not only how to terminate or enter into a contract with an employee in an interesting situation, but also the amount of maternity leave that will need to be paid to her.

Employers often have questions about how to correctly indicate the term in the contract.

This, as you know, can be done in several ways: by the exact date indicated in numbers or by a record of the occurrence of a particular event.

Quite often it becomes impossible to determine the exact period of termination of work activities, since it is unknown, for example, when an employee who is legally absent will be released. It is then that the occurrence of the event must be indicated.

However, the procedure for hiring future employees is carried out on a general basis in accordance with Article 65 of the Labor Code of the Russian Federation. The law does not provide for any special procedure for hiring such workers.

Consent to conclude a contract

Any agreement is concluded on the basis of voluntariness and consent of the parties. An employer cannot exert pressure, mislead, emotionally and physically force in any way, or blackmail an employee. When hiring a person, a person’s consent is expressed in the contract itself, which he personally signs on a certain date. Transforming a regular employment contract into a fixed-term one is a procedure not regulated by any law, and even more so, if the employee does not agree, it is generally impracticable.

A sample agreement between the parties to conclude a fixed-term employment contract is presented below:

Legally, however, this is also impossible to do. But nevertheless, changing the provisions of a fixed-term employment contract is possible by concluding a written additional agreement with the employee. The document is drawn up in any form, since the law does not establish any mandatory criteria for its content. If the agreement is concluded by mutual consent, then it can be concluded at any time. This agreement states:

document name;
parties and their details;
subject, i.e. clauses of the original contract that are changed or new conditions;
signatures;
date of.

When concluding an additional agreement, a corresponding order is issued.

However, if changes occur at the request of the employer and affect the interests of many employees, then employees must be informed about this decision in writing against signature 2 months in advance in accordance with Article 74 of the Labor Code of the Russian Federation. The form of such a notification is not regulated by law, so it can be drawn up arbitrarily.

Reception order

How to accept a fixed-term employment contract? The hiring of an employee is confirmed by the publication of a corresponding order. This document is drawn up in form No. T-1, approved by the Resolution of the State Statistics Committee of Russia. This is a mandatory sample document, where in the upper right column “By” you need to enter the validity period of the contract or the occurrence of a certain event that serves as the termination of work activity. In the column “conditions of employment” you need to indicate the very basis for concluding the contract. In the order according to the above mentioned form, you must indicate the following details:

Name of the organization;
details of the parties;
job title;
qualification;
structural unit of the organization where the person will work;
tariff rate;
probationary period for a fixed-term contract (if any);
date of;
signatures of the parties.

At the request of the employee, the employer is obliged to give him a copy of the order against signature.

In the photo you can see a sample order for employment under a fixed-term employment contract:

It is also worth noting that the note in the work book of such an employee is carried out on a general basis and the terms themselves are not indicated there.

How to submit an application?

This application is absolutely not necessary to fill out, but nevertheless it is often required to be presented by the HR department for reporting. However, there are no legal requirements regarding the need for such a statement. This has more of a psychological or bureaucratic aspect than a legal one, since the employment contract itself and the order are the main documents allowing a person to carry out labor activities.

The employee draws up such a statement in absolutely free form, since there is no norm or law regulating its content. The employee writes a statement addressed to, for example, the general director in his own hand on a regular piece of A4 paper. The document must indicate:

Full name, position of General Director;
Full name of the employee, his details;
Name of the organization;
Proposed position;
Reasons for hiring;
Signature;
Date of;

The application must be endorsed by the responsible person of the organization and an employee of the HR department , and then submitted to the manager for signature.

The photo shows a sample application for employment under a fixed-term employment contract:

What documents must the applicant provide?

Absolutely any employee, on a general basis, provides the employer with a certain list of documents in accordance with Article 65 of the Labor Code of the Russian Federation. So, the list of such documents includes:

Passport;
A work record book, and if a person gets a job for the first time, then its registration is the direct responsibility of the employer;
SNILS;
Any educational document (diploma, certificate, certificate);
military registration document if the applicant is liable for military service;
certificate of presence or absence of criminal record.

However, this list is not closed and, according to the specifics of a particular job, the provisions of the current legislation, the employer has the right to demand additional documents from a potential employee. Such additional documents include a medical certificate, TIN, income certificate (NDFL), etc. But, nevertheless, the employer cannot request documents from the employee that are not mentioned at all in any law . You may also need information from the article “Entry in the work book for a fixed-term employment contract” in order to correctly document the working relationship.

How is it?

This agreement differs from the “classic” employment contract by the presence of a specified period of time during which the person performs his work duties. This agreement is also concluded on a general basis, and the legislator makes the same requirements for its content in accordance with Article 57 of the Labor Code of the Russian Federation.

A person begins to perform his labor functions from the moment he signs an employment contract. Ideally, once the employment contract expires, all working relationships with the employee are terminated.

However, the employer must still inform the employee 3 days before dismissal about the termination of all employment relations with him, otherwise the contract will become indefinite.

You can find out how the process of terminating such a contract generally occurs in the article “Expiration of a fixed-term employment contract.”

When can a conscript be fired?

The obligatory moment of hiring a worker whose position will remain vacant for a certain time is notification of the expected period of his work at the represented enterprise.
The temporary nature of the position is also reflected in the documentation accompanying the employment.

The dismissal of a temporary worker must be formalized in accordance with the procedure developed by the legislator and which has a number of features:

The contract is terminated upon expiration of the period for which it was concluded, after which the employment relationship with the employee is terminated;
Regardless of the expiration of the employment contract, the temporary employee must be notified of the upcoming termination of the employment relationship;
At least 3 working days must pass between the notification and the actual termination of the contract, which are provided to the temporary worker for registration with the labor exchange.