Sometimes, for some time the organization needs in a narrow specialist.Of course, you can discuss all nuances, to agree verbally to trust each other's word.However, in this case, better still to conclude fixed-term contract.Let us briefly consider the situations in which it is appropriate, and how.
Futures contract with the employee usually conclude that for an indefinite period the employment relationship can not be set or issue (due to the nature of the work).Important to know: the contract - not an obligation, and the right of both parties.The initiative can manifest and the employee and the employer.The list of specific situations listed in the Labour Code (Article 59), which provides about twenty times when possible to stipulate the validity of this agreement, in particular:
- replacing a temporarily absent employee;
- execution of works not peculiar specifics (profile) of the organization;
- implementation of short-term jobs (, including seasonal, up to 2 months.)
- contracts with students, pluralists, managers and others.
In the case where the employer is a small business (less than 40 employees in the state), or face physical and appropriate fixed-term contract.The period of validity of the contract agreed and set in the case where, again, it is impossible to conclude a contract of indefinite duration.
It would seem that fixed-term contract is particularly beneficial to the employer, the employee in fact far fewer rights.But this opinion is erroneous, since fixed-term contract with an employee must contain a reference to the reason (factor) of the agreement, and a clear timetable.All rights workers are retained, as with contracts of indefinite duration.In this sense, work is fully protected by the Labour Code.Moreover, if after the expiry of the period specified in the contract work is going on (to perform the duties), the employee is automatically transferred to the status of hired for an indefinite period, even if the extension of the fixed-term contract was not specified, and not concluded.And if the boss decides to dismiss all the same, then we can talk already about compensation at double (or even triple) the amount of the salary, which gets hired earlier.
the Labour Code does not require any special documents for registration of fixed-term contract.Suffice usual written agreement, bilateral, signed by both parties in two copies (one remains with the employer, the second kept by the employee).The agreement (and subsequently issued an order), it is desirable to specify the type of contract (fixed-term).
Termination of the contract takes place on common rules.If the reason for the termination is end of term employee warned in advance (3 days - minimum).If the employee was acting temporarily absent employee, the contract shall be in entering the work of the latter (the Labour Code, Article 79).
But even here there are some deviations.For example, if a job takes women and expiry of the agreement comes at a time of her pregnancy, the organization, in this case is obliged to extend the contract before the women on maternity leave (the Labour Code, article 261).
Next.If the employee is hired for two months or less, the probation period is not established.If an employee is hired seasonally, the maximum probationary period - two weeks.
And one more thing, which hold back sometimes employers - insurance.Every natural person who signed fixed-term contract must be insured in the general order (from occupational diseases and accidents).
Finally - the timing of fixed-term contracts.The maximum term of the employment contract - five years.If the employer did not mention the validity of the contract or the specified time, exceeded the maximum, the contract becomes indefinite.The minimum term of employment law does not specify.
