A job application is not a mandatory document for hiring a new employee. The need to fill out this application arises only if the employer himself requires it; at some enterprises it is customary to write such documents.

Hiring an employee

An employee can be hired for a permanent job for an unlimited period or to perform temporary work, replacing another employee, while a contract is concluded with the employee, and in the application the employee should note that he is getting a job under a fixed-term employment contract.

The application itself is written in the same way as an application for a permanent job; we suggest downloading a sample of such an application. If a part-time worker is hired, you should still register him in accordance with labor legislation. If necessary, the employee writes.

How to write an application

Working under a fixed-term employment contract means that a contractual agreement is concluded with the employee for a limited period, and the duration of its validity is specified in the agreement itself.

An application for employment under a fixed-term employment contract must be written in compliance with the following rules:

  • At the top you should write the details of the person to whom the application is addressed (company director);
  • Information about the applicant is written below;
  • the name of the document appears in the center;
  • under the heading the main text is written, which includes a request from the first person for employment under a fixed-term employment contract for a specific position in a specific department;
  • the application is signed by the applicant, after which it is transferred to the personnel service, which will complete the registration of hiring the employee for fixed-term work.

A fixed-term employment contract may be concluded in cases where an employee is hired for a season or to perform specific work or provide services determined in advance., as well as for the period of replacing a permanent employee who is temporarily unable to perform his duties for any reason (for example, due to maternity leave). We offer a free application form below for you to download.

Hiring workers under a fixed-term employment contract under some circumstances is the only right decision. How a fixed-term employment contract differs from a regular one and how to quickly and correctly hire someone under a fixed-term employment contract will be discussed in our article.

Features of employment under a fixed-term employment contract

A fixed-term employment contract, just like a regular employment contract (EL), concluded between an employer and an employee, is the main document regulating the labor relations between the parties (Articles 56, 57 of the Labor Code of the Russian Federation).

The main difference between these contracts is the period for which they are concluded.

A simple TD is concluded for an indefinite period. That is, only the date the employee was hired is known.

An urgent TD is concluded for a specific period, which must be specified in it. It cannot exceed 5 years. If the specified period of the employment relationship is greater than the maximum permitted, then the contract becomes open-ended and the employee will be considered hired on a permanent basis.

IMPORTANT! If, after the expiration of the urgent TD, neither party has demanded its termination and the employee wishes to continue working for the company, the conditions stipulated in the urgent TD lose their force, and the employee is considered hired for an indefinite period.

Who can be hired under a fixed-term employment contract?

A complete list of persons and conditions that must be observed when hiring an employee on an urgent TD is given in Art. 59 Labor Code of the Russian Federation. This may be temporary work, part-time work or seasonal work (for example, replacing a sick employee, an essential employee, an employee on leave, or work that is performed during a specific period of time). In case of non-compliance with the conditions listed in Art. 59 of the Labor Code of the Russian Federation, the contract will be considered unlimited.

One of the reasons for concluding an urgent TD is the limited period of its validity. It is this circumstance that gives the employer the opportunity to influence the employee. After all, the employer may simply not renew the contract with the employee without explanation. But even in this case, the employer must notify the employee of dismissal 3 days before the end of the urgent TD.

How to properly fire a conscript, read the articles:

  • “The procedure for dismissal under a fixed-term employment contract” ;
  • “How to write a notice of termination of a contract - sample?” ;
  • “Termination of a fixed-term employment contract upon expiration of the term.”

How to hire an employee under a fixed-term employment contract?

For example, I want to hire a head teacher under a fixed-term employment contract to work at a school. Is this legal and how to do it correctly?

Yes, we can accept it via urgent TD in the following cases:

  • he gets a part-time job;
  • he takes the place of a temporarily absent employee, i.e. until the main employee returns from vacation or sick leave.

When applying for a job, a conscript must write an application and attach to it all the documents necessary for employment (passport, Taxpayer Identification Number, SNILS, educational documents, work record book, certificates from previous work, etc.).

The rules for hiring in this case are no different from hiring an employee under an open-ended contract (Articles 65, 66, 68 of the Labor Code of the Russian Federation):

  • A fixed-term employment contract is concluded.

How to hire an employee under a fixed-term employment contract and draw it up correctly, you will learn from the material “Drafting a fixed-term employment contract - sample for 2016”.

  • An order is issued to hire the employee.

You will find a form and a sample of filling out the order in the article “Unified Form No. T-1 - download the form and sample”.

  • An entry is made in the work book.
  • An employee personal card is created.

You will learn how to fill it out from the material “Procedure for filling out a work book - sample 2017”.

The main difference is that a fixed-term contract must specify the reason why it was not concluded as an open-ended one. All documents must indicate not only the start date of work, but also the date or circumstance of its completion. The number of days of the probationary period should also be clearly stated. If the contract is concluded for no more than 2 months, a trial period is not established. If the work will last from 2 to 6 months, the employee’s probation cannot exceed 2 weeks (Article 70 of the Labor Code of the Russian Federation).

You will learn everything about the probationary period from the material “Probationary period when hiring (nuances)”.

Results

Employment under a fixed-term employment contract is quite common. So that no one can challenge the legality of the concluded fixed-term contract and reclassify it as an open-ended one, when drawing up this document it is important to take into account the provisions of Art. 58, 59 Labor Code of the Russian Federation. It is also important in an urgent TD to stipulate the duration of its validity and the reason for concluding this particular type of contract.

In accordance with current regulations, employment contracts with employees are concluded for an indefinite period of validity, only the date of the beginning of the employment relationship is indicated. But there are situations, for example, the need to perform seasonal work or replace an absent employee, for example, due to being on maternity leave.

Based on this fact, an employment contract is concluded, which is of a fixed-term nature, indicating not only the date of its entry into force, but also the time of termination of the labor partnership. For this type of employment, Article No. 58 of the Labor Code sets a time limit for concluding a contract - a maximum of five years. The expiration date may be limited to a specific date or event - delivery of a certificate of completion, return of an absent employee from maternity leave, sick leave, vacation.

The employer needs to confirm the fact of hiring a new employee under a fixed-term employment contract by preparing a corresponding order. The document is characterized by standard form No. T-1, regulated by the State Statistics Committee (Resolution No. 1 of 05.01.2004).

Sample of filling out an order when accepting a fixed-term employment contract

The form has a number of differences from the one prepared by the employer upon hiring on the basis of a standard contract. ().

  1. In the upper right field of the form, along with the date of reception, the date of termination of the order (severance of the employment relationship under a fixed-term employment contract) must appear (in the “by” window). It is possible to record not a time limit, but the expected completion of a certain action or event (“before the installation of the facility is completed,” “...repair or commissioning work,” the full name enters the workplace, etc.).
  2. The full name of the enterprise is indicated in accordance with its status as a business form.
  3. Next, you need to write the initials of the applicant in decrypted form.
  4. The position for which the hired party is applying is indicated, and the qualification points (category, level, etc.) are supplemented.
  5. In the paragraph requiring information regarding the rationale and conditions of employment, the reason that prompted the employer to conclude a specific fixed-term employment contract should be described in detail.
  6. If the company structure implies the presence of separate divisions, in one of which the work is expected to be performed by a hired fixed-term employee, then this should also be indicated.
  7. Information about the existence and duration of a probationary period, if any, is entered (cannot exceed a period of two weeks if the term of the fixed-term contract does not exceed two months).
  8. The form and amount of payment for the work performed is fixed.
  9. The date of preparation of the employment order is indicated.
  10. The document is approved by the signature of the first person.

If an employee needs to receive this document, the employer is obliged to provide him with a copy certified by signature and seal.

If an employee is employed in a job with a fixed-term nature, entry into the work book is carried out on general principles, without indicating the period during which the validity of the fixed-term employment contract is regulated.

If there is no expiration date for the document in the employment contract, respectively, or in the order, it acquires the status of unlimited validity.

If an employee is hired at 0.5 rate, then the order must be drawn up according to.

Sample design

Order for employment under a fixed-term employment contract - .

Order for employment during maternity leave - .


Didn't find the answer to your question in the article?

Hiring under a fixed-term employment contract

For example, to replace a temporarily absent employee or to perform a predetermined job, after completion of which there is no need for personnel. Urgent employment is concluded only in cases provided for by law, and with justification of the reason why this particular type of labor relationship was chosen. Let's talk today about the features of drawing up such an agreement.

What is the procedure for registering an employee under a fixed-term employment contract?

At the first stage The organization enters into an employment contract with the employee. The contract must necessarily indicate the period of its validity, as well as the circumstances (reasons) that served as the basis for a certain period in accordance with the law (Part 3 of Article 58, Paragraph 4 of Part 2 of Article 57 of the Labor Code of the Russian Federation). The term can be set in the form of a specific date (if it is known at the time the contract is concluded) or by indicating a specific event.

For example, the wording of deadlines and reasons could be as follows:

  • – “a fixed-term employment contract was concluded for a period from May 11, 2012 to May 11, 2013 to carry out work beyond the normal activities of the employer (reconstruction of production premises), Part 1 of Article 59 of the Labor Code of the Russian Federation”;
  • – “a fixed-term employment contract was concluded for the duration of the duties of an absent employee, who, in accordance with labor legislation, retains his place of work - HR specialist Olga Petrovna Sergeeva, who is on maternity leave, until she leaves the said leave, Part 1 of Art. 59 of the Labor Code of the Russian Federation."

As you understand, when concluding a fixed-term employment contract, the specific date of its termination is not always known. For example, if a citizen is hired to perform the duties of a temporarily absent employee (paragraph 2, part 1, article 59 of the Labor Code of the Russian Federation), sometimes it is impossible to accurately determine the date of the latter’s return to work. In the case of employment for the performance of obviously defined or seasonal work (paragraph 4, 8, part 1, article 59 of the Labor Code of the Russian Federation), it can also be difficult to determine the end of the work or season with an accuracy of the day. In this case, write down the end date of the employment relationship in the contract and employment order not as a date, but as an indication of a specific event. For example, “before signing the act of acceptance of accounting work”, “before the end of the fruit harvest season (June-October)”. This way you can avoid possible time discrepancies between the actual completion of the work and the documented date.

A fixed-term employment contract also includes other mandatory conditions in accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation. In addition, it can provide for additional conditions, for example, a test condition (Part 3 of Article 57 of the Labor Code of the Russian Federation).

Before signing, the employee should be familiarized with the Internal Labor Regulations, other local regulations directly related to his work activity, as well as the collective agreement, if there is one in the organization (Part 3 of Article 68 of the Labor Code of the Russian Federation).

At the second stage the organization issues a hiring order in form No. T-1 or No. T-1a, if several employees are signed up under a fixed-term employment contract at once (Part 1 of Article 68 of the Labor Code of the Russian Federation). In the “Date” order details, you must fill in both cells: “from” and “to” - in accordance with the employment contract. The order must be familiarized to the employee against signature within three days from the date of actual start of work (Part 2 of Article 68 of the Labor Code of the Russian Federation).

At the third stage the organization issues an employment record to the employee in accordance with the general procedure, in accordance with clause 3.1 of the Instructions, approved. By Resolution of the Ministry of Labor of Russia No. 69 of October 10, 2003, the work book does not require an indication of the term of the employment contract (Rostrud letter No. 937-6-1 of April 6, 2010).

At the fourth (final) stage the organization fills out a personal card for the employee in form No. T-2 (clause 1.1, clause 1, clause 2 of Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004).

With what categories of employees is the organization obliged to enter into a fixed-term employment contract?

Obliged to conclude with employees who are hired:

  • for the duration of the duties of an absent employee, whose place of work is retained;
  • to perform temporary (up to two months) work;
  • to perform seasonal work, when due to natural conditions it is possible to work only during a certain period (season);
  • for assignment to work abroad;
  • for work that goes beyond the normal activities of the organization (reconstruction, installation, commissioning and other work), as well as work related to a deliberately temporary (up to one year) expansion of production or the volume of services;
  • in organizations created for a predetermined period or to perform a predetermined job;
  • to perform obviously defined work, when its completion cannot be determined by a specific date;
  • to perform work directly related to the employee’s internship and professional training;
  • as a result of election for a certain period to an elected body or to an elected paid position;
  • in the direction of the employment service for temporary and public work;
  • in other cases provided for by law.

Confirmation: part 1 art. 59 of the Labor Code of the Russian Federation.

With which categories of employees does the organization have the right to enter into a fixed-term employment contract?

Has the right to enter into contracts with the following categories of employees:

  • those applying for work in small business organizations, the number of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
  • old-age pensioners, as well as citizens who, for health reasons, in accordance with the conclusion, are allowed only temporary work;
  • citizens applying for work in organizations located in the Far North and equivalent areas, if this involves moving to their place of work;
  • citizens who are hired for urgent work to prevent disasters, accidents, accidents, epidemics, epizootics and eliminate their consequences;
  • citizens elected through a competition to fill the relevant position, conducted in accordance with the procedure established by law;
  • creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses in accordance with the lists of jobs, professions, positions of these workers (List approved by Government Decree No. 252 of the Russian Federation of April 28, 2007);
  • managers, deputies and organizations, regardless of their organizational and legal forms and forms of ownership;
  • full-time students;
  • crew members of sea vessels, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Ships;
  • part-time workers;
  • in other cases provided for by law. For example, with professionals and trainers (Parts 1, 2 of Article 348.2 of the Labor Code of the Russian Federation).

Confirmation: Part 2 of Art. 59 of the Labor Code of the Russian Federation.

For what period does an organization have the right to conclude a fixed-term employment contract?

Has the right to enter into a contract for a period of not more than five years.

A different period may be provided for by the Labor Code of the Russian Federation or federal laws. If a specific, longer term of the employment contract is not established by law, you should be guided by the general rule (Part 1 of Article 58 of the Labor Code of the Russian Federation).

The minimum term of an employment contract is not established by law. The organization has the right, by agreement with the employee, to enter into a fixed-term employment contract, for example for several weeks or months. So, ch. 45 of the Labor Code of the Russian Federation provides for the possibility of concluding an employment contract for a period of up to two months. It is not prohibited to conclude an employment contract for a period of several days. But it should be taken into account that the employer keeps work books only for employees who have worked for him for more than five days, if the work is their main one (Part 3 of Article 66 of the Labor Code of the Russian Federation).

Conclusion: for the complete and correct registration of labor relations, as well as the high-quality performance of the labor function, it is inappropriate to establish a too short (up to five days inclusive) term of the employment contract.

Does an organization have the right to extend the term of a fixed-term employment contract that has expired without dismissing the employee?

Does not have the right to renew (as a general rule), with the exception of certain cases.

A fixed-term employment contract can be extended without termination only if:

  • the employee previously held the position of scientific and pedagogical worker under a fixed-term employment contract, and then was elected to the same position through a competition (Part 8 of Article 332 of the Labor Code of the Russian Federation);
  • the term of the employment contract expires during the woman’s pregnancy. In this situation, the employer, upon a written application from the woman, is obliged to extend the term of the employment contract until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation);
  • a professional athlete has entered into a fixed-term employment contract with a temporary employer and at the end of the term of this contract, neither the athlete nor the employer requires its termination. In this case, the contract can be extended for a period established by agreement of the parties, or for an indefinite period (Part 7 of Article 348.4 of the Labor Code of the Russian Federation).

When extending a fixed-term employment contract with a woman until the end of her pregnancy, the employee must, at your request (but not more than once every three months), provide the organization with a certificate of pregnancy status. Based on this certificate, you will find out about the presence (absence) of pregnancy and will be able to make a timely decision to terminate the extended employment contract if, after the end of pregnancy, the woman actually continues to work (Part 2 of Article 261 of the Labor Code of the Russian Federation).

A professional athlete has the right, under a valid employment contract with one employer, to enter into a fixed-term employment contract with another employer if the first cannot provide him with participation in sports competitions. In this case, the initially concluded employment contract will not be considered terminated, but temporarily suspended (Parts 1-3 of Article 348.4 of the Labor Code of the Russian Federation).

In other cases, the law does not provide for the extension of a fixed-term employment contract.

It is necessary to distinguish between extending the term of an employment contract and renewing the contract for a new term. If an employer wishes to renew a fixed-term employment relationship with an employee, he must, after the expiration of the contract, and then again conclude a fixed-term employment contract with him in accordance with Art. 58, 59 of the Labor Code of the Russian Federation. For example, this order applies:

– for workers sent to work abroad in Russia. At the end of the term of the employment contract, which is concluded for a period of up to three years, the contract can be renewed for a new term (Part 1 of Article 338 of the Labor Code of the Russian Federation);

– heads of organizations, regardless of their organizational and legal forms and forms of ownership, in the event of their election (appointment) for a new term (paragraph 8, part 2, article 59, part 1, article 275 of the Labor Code of the Russian Federation).

If an organization plans to establish an employment relationship for an indefinite period with an employee who works under a fixed-term employment contract, then neither the employer nor the employee should simply declare its termination at the end of the contract. Then a transformation of the fixed-term employment contract will occur - the condition on the term will lose force and it will be considered concluded for an indefinite period. Such a change in the status of the contract must be documented - sign a corresponding additional agreement with the employee (Part 4 of Article 58 of the Labor Code of the Russian Federation, letter of Rostrud No. 1904-6-1 dated November 20, 2006).

The job application is an optional document. At the same time, many companies require it, since it is an important official document for internal personnel document flow. However, depending on the situation, the content of the statement may differ significantly.

Job Application Form

A form that would be approved by the legislator does not exist today. However, when drafting the document, follow some criteria. Also, along with the statement according to Article 65 of the Labor Code of the Russian Federation provide the following list of documents:


  • Identity card (passport or other document);
  • Work book (if available). If an employee is employed for the first time, the creation of a work book is carried out at the expense of the employer;
  • SNILS and TIN;
  • Military ID for those liable for military service;
  • Documents confirming mastery of a certain specialty or having the appropriate qualifications.

Application for employment under a fixed-term employment contract - sample

If the employer requires you to provide a statement under a fixed-term employment contract, you must do so. Chapter 10 of the Labor Code of the Russian Federation controls the duration, content, form and other criteria when drawing up an employment contract. Also pay attention to some features;

  • An urgent employment contract has a maximum validity period of up to 5 years;
  • A fixed-term contract is concluded between an employee and an employer if it is impossible to establish a period for performing temporary tasks, seasonal work, etc.;
  • If both parties agree, a fixed-term contract can be concluded with pensioners, students, part-time workers, deputies, managers, creative employees and accountants;
  • If it was concluded for a period of less than 60 days, no probationary period is established;
  • Has the employer entered into a contract for 2 to 6 months? The probationary period can be no more than two weeks.

Job application - sample for maternity leave

From a legal point of view, maternity leave and activities are combined. In this case, an employment relationship is established in the form of a fixed-term employment contract. If we are talking about wages, then due to the combination, it is calculated based on the amount of time worked. It all depends on the workload. The work of such employees may be paid based on other conditions provided for in the employment contract. Please note that violation of equal pay is unacceptable. That is, the employee’s payment for 10 hours a week must be made in accordance with the hourly rate specified in the contract.

How to get a part-time job?

Part-time work is regular work, which is also performed under an employment contract during the period free from the main activity. If all conditions are met, we can talk about part-time work, regulated by special legislation. The contract must necessarily indicate that such activities are considered part-time.

There are different determination criteria:

  • Kinds. In this case, part-time work can be both external and internal (by agreement of the parties).
  • Deadlines. A fixed-term employment contract is considered an activity agreement for a certain period. There is also an open-ended contract, when an employee is employed for a permanent job.

Application for employment during the absence of the main employee

As a rule, of all types of employment, temporary is considered the least profitable. This results from the lack of a time frame, as well as the duration of the working relationship. As it says Article 59 of the Labor Code of the Russian Federation, a fixed-term contract can be issued on various grounds. One of the important situations is considered to be hiring as a result of the temporary absence of a permanent employee.

How to write a correct job application - sample

There is no single form of document, so it can be drawn up in any order. But a template is drawn up in the form of internal documents so that unnecessary questions do not arise. The template is usually used for permanent or temporary employment. In the application you can indicate:

  • To whom is it written and from whom;
  • Title of the document;
  • The content in which the request for employment is expressed;
  • Signature of the future employee and date.

Sometimes the application requires specifying the position, structural unit and time of hiring for the position. If an employee is hired for a certain period, the document can indicate not only the start date of the activity, but also the end date.

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