home Analyzes An employment contract must be concluded for a certain period. We conclude a fixed-term employment contract

An employment contract must be concluded for a certain period. We conclude a fixed-term employment contract

Let's look at what's going on. How justified is this type of contract and when is it impossible to choose between a fixed-term and an open-ended contract?

Distinctive features

According to the Labor Code of the Russian Federation, two types of agreement can be distinguished, with the help of which an employee and an employer can formalize their relationship with each other. Namely:

urgent;
without specifying a deadline.

In the first case, the employee’s service life is a limited period of time, but not more than 5 years. This may be due to:

the nature of the work;
working conditions;
with health or age restrictions;
professional activity of a person.

Keep in mind: in case of concluding a fixed-term employment contract the employer does not have the right to refuse to provide an employee with annual or maternity leave, as well as sick leave. In this case, all relevant payments are retained for the employee.

Is the employee's consent required?

It is impossible to answer this question unequivocally. Each specific situation needs to be considered. In most cases, the consent of the future employee is still necessary.

On practice A fixed-term employment contract is concluded in cases where Registration of an employee for permanent employment is impossible for various reasons. For example, your health condition does not allow you to do this (this fact must be confirmed by an official certificate from a medical institution). Then his consent is needed.

Investigation workers, many scientists, professors, university teachers, and artists serve exclusively under fixed-term labor contracts, which are signed for a limited period. In most cases - for 5 years. After which they either extend it or refuse the services of this person. The employer does not need to obtain consent from these categories of specialists to sign a fixed-term contract, since there is no second option for formalizing the relationship by virtue of the law.

When consent is not needed

Let's look at it, there are no other options:

The employee will take the place of a temporarily absent person who is on long-term treatment, on maternity leave, on leave to care for a disabled child, etc. (i.e., absent for a valid reason and retains his place).
The services of this specialist are needed for a short period of time - no more than 2 months
An employee travels to another country. Example: to work in a branch, to improve qualifications, to undergo an internship.
The need for a worker depends on the time of year. Example: his services are needed in winter to clear roofs of snow and icicles.
The person will be employed in work not related to the main activity of the company. Example: an organization sells auto parts, and the roof in the warehouse is constantly leaking. The workers hired to reconstruct the warehouse building will operate under a fixed-term employment contract.
A group of specialists working on one project for a company and not planning further cooperation with it after completion of work on it.
Employees temporarily employed by an organization for an internship or internship.

By agreement: voluntary signing procedure

Part 2 of Article 59 of the Labor Code of the Russian Federation stipulates that In what cases is a fixed-term employment contract concluded? with mutual consent. Among them:

people with various diseases who can only work for a short period of time;
pensioners who came to work for the organization;
employees hired on a competitive basis;
workers whose future activities involve moving to areas with harsh climates (scientists, researchers, meteorologists, military);
arts and entertainment workers (actors, circus workers, TV presenters, reporters, singers);
people holding high-ranking positions (general directors, chief accountants and their deputies);
full-time students;
sailors;
employees combining work in several organizations;
workers fighting emergency situations (fires, floods, epidemics) and eliminating their consequences.

When is a fixed-term contract illegal?

And here In what cases is a fixed-term employment contract concluded? illegal:

when a person worked under an open-ended contract, and management forces him to quit and sign a fixed-term one;
when a person retires and continues to work, but under a fixed-term contract.

Conditions of signing

The main conditions for signing a fixed-term contract are as follows:

consent of both parties (except for the cases listed above when it is not necessary);
there are no contradictions with the law.

The employee and employer express a desire to limit their cooperation to a certain period of time. After its expiration, they can, by mutual agreement, decide to terminate or extend the contract.

When signing a fixed-term contract, no pressure should be put on either party. Otherwise, it may be declared invalid.

The employer must not only indicate in the contract the basis for its conclusion for a specific period, but also make sure that the applicant has documents confirming this fact (certificates, certificates, etc.).

What should include

Traditionally in case of concluding a fixed-term employment contract it must contain the following information:

personal data of the person being hired (full name);
the basis for signing a fixed-term contract;
an indication of the period for which it is concluded;
information about the employer (name of the organization, full name of the manager or person authorized to sign);
the amount of remuneration that the employee will receive if he conscientiously completes the assigned tasks (can be monthly or for the entire period of work);
date of signing and autographs of both parties.

How to register correctly

The execution of a fixed-term employment contract begins with its signing. After which an order is issued to hire the employee mentioned in it.

Then the clerk (personnel officer) makes an appropriate note in the work book about this fact. Indicates the date when the employee was hired, details of the order regarding this, the name of the organization, and signs.

Upon expiration of the contract, the clerk makes a corresponding note in the employee’s work book. Except in cases where the contract was decided to be extended or the employee was transferred to permanent work.

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If the reason is not specified, then it is considered that the contract was concluded as temporary without legal grounds.

Required documents

The fact of concluding a temporary contract is also reflected in several other documents.

Statement

The application form has not been approved, nor has it been approved what the employee must do. But in practice it is much more convenient when this fact is reflected. For example: I ask you to hire me as an accountant during the absence of a permanent employee.

Otherwise, the application is written in the usual manner.

Order

After an employment contract has been signed with the employee, an order for his employment is drawn up. Usually the unified form T-1 is used. It indicates that the employee was hired temporarily and for what reason. If the date of dismissal is determined, then it is indicated in a special cell.

The work should not be dangerous or harmful.
The working day should not exceed the norms established for a certain age.
Minors cannot be sent on business trips or engaged in night work.
It is also prohibited to engage in overtime work and work on weekends and holidays.

Termination of employment relations due to the expiration of the employment contract does not apply to the initiative of the employer, which means that in this case this procedure is possible without the involvement of the labor inspectorate and the commission for minors.

Pregnant women

Obliges the employer to extend the contract with a pregnant woman until the end of her pregnancy, that is, until childbirth. If a woman receives sick leave for pregnancy and childbirth and goes on corresponding leave, then the contract is extended until its end. If she returns to work after giving birth, the employer can terminate the contract with her within 7 days.

In order for the contract to be extended, the employee must do the following:

Write an application for extension indicating the reason.
Attach a certificate of pregnancy to the application.

The employer has the right to require a certificate of pregnancy every month until its end.

If the employer does not have the opportunity to extend the employment contract of a pregnant woman, for example, in the event of the departure of the main employee, then before dismissal he must offer her all available vacancies that are suitable for her taking into account her situation.

Pensioners

By agreement of the parties, a fixed-term contract can be concluded with age pensioners. The duration of such a contract is limited only by a maximum of five years.

It is possible to conclude a fixed-term contract with a pensioner only if he is employed in a new place of work. If at the time of retirement age he worked in an organization and had an open-ended employment contract, then he cannot be transferred to temporary work.

Managers

An employment contract with a manager can be temporary for two reasons:

By agreement of the parties.
In the case where the position of the manager is elective.

According to Article 275 of the Labor Code of the Russian Federation, the validity period of such an agreement must be determined by the charter or other local regulatory documents; accordingly, it can be concluded for more than 5 years.

Payment Features

Temporary workers are paid based on the regulations in force in the organization. But there are certain nuances when paying vacation compensation.

Compensation for unused vacation

The Labor Code of the Russian Federation makes a reservation only regarding vacations for employees who have entered into an employment contract for less than two months or whose work is seasonal. In this case, they are provided with vacation (compensation) at the rate of 2 calendar days per month, and not 2.33 as in all other cases.

For all other categories of employees who have entered into temporary employment contracts, the general principles for calculating vacations and compensation for them apply.

Vacations and sick leave

Since, for obvious reasons, temporary workers may not be included in the vacation schedule, they can be provided with rest only by agreement with the employer, especially for those categories whose employment period does not exceed six months.

Employers in need of hired personnel do not always want to hire people on a permanent basis. The law allows in certain situations to conclude a fixed-term employment contract with an employee, which will be valid only for a strictly defined time period. This type of relationship is formalized taking into account important legislative nuances.

The epithet “urgent”, usually associated with fast speed, in the name of this contract comes from the word “term”, that is, a set period of time.

This definition expresses the difference between such relationships and standard ones, which are built on an indefinite period of cooperation.

When concluding an indefinite or regular one, it specifies the date when the employee begins to perform his functions, but the time of dismissal and its reason are not determined. Whereas a fixed-term employment contract is a documentary form of formalizing the “employee-employer” relationship, when the conditions of separation and its time are determined in advance.

In Art. 56 of the Labor Code of the Russian Federation declares the obligation to draw up an employment contract during employment, indicating the validity period as an essential condition. The procedure for registering temporary employment is regulated in Art. 59 of the Labor Code.

The main difference between a fixed-term employment contract and an open-ended one is that the first can be concluded only when the second is objectively impossible, and the reason must be justified in the text of the contract and provided for by law.

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Important! The consent of the employee and the desire of the employer do not matter when choosing the form of an employment contract - fixed-term or indefinite. The execution of an employment contract must be carried out in accordance with the legal grounds strictly defined in the Labor Code of the Russian Federation. Otherwise, an illegally concluded fixed-term employment contract will be reclassified as an open-ended one.

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

The test of this agreement must indicate not only the start date of the employment relationship, but also determine its ending. The maximum period of validity of a fixed-term contract is 5 years. If you specify a larger period, such a contract will turn into an open-ended one.

For the validity of the time limit, the contract should reflect its scope:

designate a specific date for termination of the relationship (within a five-year limit);
cite an event the occurrence of which authorizes termination of the employment contract.

Attention! If one of these conditions is not present, the contract legally turns into an ordinary one - with an indefinite duration. The law does not provide for a minimum period for concluding an employment contract.

Final date

In the first case, even the date specified in the contract does not mean automatic dismissal: the employer is required by law to inform the employee about the upcoming separation three days in advance, and in writing. Otherwise, the expiration of the contract will not be grounds for dismissal, and if it does occur, the employee will be able to challenge it.

Without warning the employee, the employer seems to agree with the extension of the fixed-term contract for an indefinite period, that is, its reclassification into an open-ended one - this is how the Labor Code interprets this situation.

Border event

It is impossible to predict the occurrence of an event specified in the contract, which means it will not be possible to warn the parties in advance. Therefore, there is no temporary “backlash” here - the foreseen event clearly breaks the fixed-term employment contract. Typically, such an event involves the return to work of the main employee in whose place the temporary one worked.

With whom can I conclude a fixed-term contract?

This type of employment agreement is concluded with one of the categories of hired personnel under the following conditions:

the nature of the work does not allow us to predict the duration of the required employment;
the duration and outcome of the labor relationship is obvious.

Such employees include:

seasonal staff;
employees who were hired for a specific task by a required deadline;
employees hired to perform temporary functions that are not in the main activity of the company;
teachers who have the right to hold a position only for the duration of the competition;
substitutes for the main employee during long-term incapacity (illness, maternity leave, etc.).

In what cases can you not enter into a fixed-term contract?

The answer to this question is given by the method of exclusion: a fixed-term contract cannot be concluded if it is permissible to conclude an open-ended one instead. Since the employer benefits from a fixed-term employment relationship more than the employee, the law protects the weaker party.

The International Labor Convention (ILO) and Russian legislation seek to minimize the number of temporary workers in favor of those employed on a permanent basis, which provides more guarantees.

Art. 59 of the Labor Code of the Russian Federation provides for two legal reasons for ensuring the “urgency” of an employment contract:

The nature of the work and the circumstances of the formalization of the relationship determine its strictly limited period.
The duration of the contract is limited by agreement between the employee and the employer, unless this is in conflict with the law.

Fixed-term contracts based on the nature of work

The procedure for their conclusion is justified in Part 1 of Art. 59 Labor Code of the Russian Federation.

The circumstances that are essential for concluding a fixed-term employment contract instead of an open-ended one may be the following:

a full-time employee cannot temporarily perform his duties, and it is impossible to dismiss him by law;
the planned work will not last longer than 60 days;
seasonal employment;
the need for actions that are not typical for the enterprise itself (for example, repairs, dismantling, etc.);
a short-term (up to a year) duration of work is envisaged (for example, increasing production volumes, expanding the range of products, etc.);
the enterprise itself was created for a short period of time to perform a specific task or type of work;
registration for internship. Advanced training, additional professional training, etc.;
work due to election for a certain term;
public Works.

Attention! Federal legislation has not closed this list, providing for other possible cases that may become the basis for urgency in an employment contract, if such are adopted in other versions of the law.

Fixed-term employment contracts by agreement

The employee and the employer can make a joint decision on a limited duration of the contractual relationship, but only in special cases specified by law:

the employer belongs to a small business;
the hired employee is an old-age pensioner;
a medical certificate issued to the employee allows him to be employed only temporarily;
we are talking about concluding a contract for work in the Far North or in similar climatic conditions;
for the winner of the competition for the position;
hiring personnel to deal with emergency situations;
the contract is concluded with the management team, deputy managers or with the chief accountant;
a creative employee is hired (one of the legislative list of such positions);
an agreement with a seafarer working on a watercraft registered in the Russian International Register;
additional conditions that may become relevant under federal law.

For your information! It is legally prohibited to enter into repeated fixed-term contracts with the same employee to perform the same function - this is a violation of his rights (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” ).

Fixed-term employment contract sample 2018 free download

What should a contract with an employee contain?

The most important requirement for fixed-term employment contracts is an indication and justification of the reason why this particular type of contract is concluded and not an open-ended one. The stated reason must be included in the above list from the Labor Code.

Mandatory conditions of a fixed-term employment contract

The execution of any contractual relationship, including employment for a limited period, must contain the conditions mandatory for such documents (Part 2 of Article 57 of the Labor Code of the Russian Federation):

date of preparation and document number;
name of the place where the work was performed (official details);
personal data of the employed person;
designation of the labor function (according to the staffing table);
the date from which the employee starts work;
labor remuneration;
work and rest schedules, including vacations;
procedure and amounts of compensation payments;
nature of work;
insurance, pension conditions;
information about the probationary period, if applicable (it is not assigned if the employee is hired for less than 2 months, and if the contract period does not exceed six months, then the trial cannot last longer than two weeks.).

Unlike ordinary employment contracts, urgent ones must indicate the end of the employment relationship - either the date or the circumstance leading to the dismissal of the temporary employee.

If, when drawing up a fixed-term contract, all mandatory conditions are not included in it, this qualifies as an offense under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, for which a fine is provided.

Additional terms of the employment contract

They can be included in the employment contract at the initiative of the employer (Part 4 of Article 57 of the Labor Code of the Russian Federation). The main thing is that they do not worsen the employee’s position in comparison with the requirements of the Labor Code of the Russian Federation; for example, monetary fines cannot be imposed for being late. Additional conditions, as a rule, clarify the rights and obligations of the employee and the circumstances of his dismissal.

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Important! If the work involves maintaining secrets protected by law, this should also be specified in additional conditions.

Procedure for concluding a fixed-term contract

The contract is drawn up in free form. You need 2 copies of this document - for each party. On the “employer” contract, the employee needs to sign that he has been given 2 copies of the contract: insurance in case the employee loses his copy, as well as against the interest of the labor inspectorate. The signatures of the parties must indicate passport data.

Is it possible to extend a fixed-term employment agreement?

The law answers this question positively; let’s consider the nuances of prolonging a fixed-term contract:

A mandatory extension is possible in the only case: if the employee who signed the fixed-term contract is pregnant. Part 2 art. 261 of the Labor Code of the Russian Federation requires the employer to extend the term of the contract until childbirth based on the employee’s application and medical confirmation of her pregnancy.
The fixed-term contract was not terminated. If the employer does not dismiss the employee after the expiration of the contract, having warned him 3 days in advance, the status of the contract changes to unlimited. This happens automatically; legally, the worker is considered to be employed on a permanent basis. HR officers are still advised to re-issue documents: draw up an additional agreement or a regular employment contract instead of a fixed-term one.

Attention! Even if the documents are not renewed, an employee who continues to work, although his fixed-term contract has expired, is subject to all the rights of a permanent employee.

Procedure for terminating a fixed-term employment contract

The nuances of the dismissal procedure depend on the period for which the employment contract was concluded.

The following options are possible:

A specific date for completion of cooperation is given. Three days before its occurrence, the employee must receive written notice of termination of a fixed-term employment contract and sign for familiarization.
A circumstance has occurred that terminates the contract. In this case, no prior warning is required; the employee is fired on the day this circumstance occurs (a permanent employee returns to work, in whose place he temporarily worked).
The stated work has been completed. If a fixed-term employment contract was signed for the performance of specific work, its completion is equivalent to a circumstance that terminates the duration of the contract. It is confirmed by an acceptance certificate for the work performed, signed by both parties.
Early termination can be initiated by both the employer and the employee. In this case, the usual rules applicable to open-ended contracts apply. The only difference: when dismissing an employee at his own request, the contract with whom was concluded for a period of up to 2 months, notice of dismissal should be given not 2 weeks in advance, as usual, but 3 days in advance.

Attention! If an employee is pregnant, has young children, or we are talking about an employment contract with minors, it can only be terminated with the permission of the labor inspectorate.

- 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.

Normative base

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 limit.

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 contract;

the period of validity of the agreement;

Fixed-term employment contract: details for an accountant

The provisions of the current legislation require the employer to sign an employment agreement with each hired employee. How correctly this document is drawn up determines whether any misunderstandings or problems will arise between the parties in the future. The conclusion of an employment agreement involves a number of important nuances, which, in particular, include the period of time for which the said agreement is concluded. So, let’s take a closer look at the question of how long an employment contract can be concluded.

Terms of concluding an employment contract

for an indefinite period;
for a certain period, the duration of which cannot be more than five years (fixed-term employment contract).

If the contract did not specify the period of its validity, it should be considered that it was concluded for an indefinite period. In a situation where neither party has put forward a demand to terminate the contract due to the fact that its validity period has expired and the employee continues to work, the condition of the urgency of the contract loses force and the agreement is automatically considered to be executed for an indefinite period of time.

This type is carried out exclusively in the manner and cases provided for by the provisions of Art. 59 Labor Code of the Russian Federation. More details about the duration of a fixed-term employment contract will be discussed below.

Contract for an indefinite period

When considering the question of how long an employment contract can be concluded, it is worth emphasizing that an employment contract drawn up for an indefinite period is the most common type of employment agreement. This situation is due to the fact that the vast majority of modern work activities can be regulated with a high degree of efficiency by the standard provisions of such a contract.

If the contract is intended to be for an indefinite period, it should contain provisions such as:

conditions under which the contract can be terminated;
immediate procedure and required conditions for termination;
the time periods within which the parties must be notified of the termination of the contract;
the procedure and conditions for accruing final payments to the employee;
procedure for receiving/transferring valuables (if necessary);
procedure for submitting reports (if necessary).

In all other respects, such an agreement must comply with the general rules for drawing up employment contracts and contain standard conditions.

Contract for a specific period

A contract drawn up for a certain period is called a fixed-term contract. As a rule, contracts of this kind are concluded in cases where:

this is necessary due to the nature of work activity and the specific conditions of its implementation;
this is stipulated by the relevant agreement concluded between the parties.

When examining the question of how long an employment contract can be concluded with an employee, it should be noted that labor legislation establishes an exhaustive list of grounds for concluding a fixed-term contract. As stated in Art. 58 Labor Code provisions, an employment contract drawn up for a specific period without any sufficient grounds for this should be considered drawn up for an indefinite period.

In practice, the most common of the above-mentioned grounds are the conclusion of contracts:

for the period of performance of labor duties of an employee who is absent, but whose place is retained;
having a temporary nature and lasting no more than two months;
for seasonal work;
with managers, deputies, as well as chief accountants;
when working part-time;
with working pensioners.

Expiration of a fixed-term contract

As established by the provisions, a fixed-term employment contract is subject to termination after the end of its validity period. The employee must be informed of the occurrence of this event by a special written notice, which is sent by the employer three days before the future dismissal.

The legislation also defines such features of the expiration of a fixed-term contract as:

a contract concluded for the period of performance of any specific work is terminated after the said work is completed;
a contract concluded for the period of performance of duties of an employee who is absent is terminated after the latter resumes his duties;
a contract concluded for the period of seasonal work is terminated at the end of the specified period.

Employment contract for a probationary period

When considering the question of how long a probationary employment contract can be concluded, it should be noted that labor legislation does not provide for specific rules according to which an employee must be hired for a job that requires a probationary period.

This right is delegated to the employer and, accordingly, is regulated by various local regulations - personnel orders, staffing schedules, etc. Basically, hiring employees with a probationary period is practiced in various state and municipal organizations. In commercial organizations, a probationary period is applied, as a rule, to employees who do not have work experience in their specialty.

It should be noted that a standard employment contract for work with a probationary period must contain such necessary conditions as:

duration of the probationary period;
test procedure;
terms of payment for labor activity during this period;
conditions and procedure for termination of the contract due to failure to complete the probationary period.

Employment contract with the manager

When considering the specifics of drawing up employment contracts, it is worth paying attention to the following question: for how long can an employment contract be concluded with the head of an institution?

The provisions of labor and civil legislation allow the possibility of concluding with the manager both a fixed-term employment contract and an agreement for an indefinite period.

A fixed-term employment contract is concluded if the term of office of the manager is fixed in the constituent documents of the organization. In addition, a fixed-term contract can be concluded in such cases when:

the decision on the appointment or election of a subject to the position of manager specifies the term of this appointment;
there is an agreement between the organization and its leader, concluded for a certain period.

When examining the question of how long an employment contract can be concluded with a manager, it is necessary to keep in mind that since, according to legislative provisions (Article 58 of the Labor Code), the duration of a fixed-term agreement cannot be more than five years, then, accordingly, the period of authority of the manager does not may last longer than the specified period.

Collective agreement

When examining the question of how long an employment contract can be concluded, it is necessary to mention such a concept as a collective agreement. Legislation will define this document as a normative act concluded by the employer and employees (represented by their representatives), through which the regulation of social and labor legal relations in the organization is carried out.

The parties determine the structure of the collective agreement and its content, which includes, in particular, such issues as:

forms, system and amounts of remuneration;
guarantees and benefits for employees;
other issues established by the parties.

Legislative provisions (Article 43 of the Labor Code) establish the period for which a collective labor agreement is concluded. In accordance with these provisions, a collective agreement may be concluded for a period not exceeding three years. The collective agreement comes into force from the moment when the parties signed it, or from the moment specified in the collective agreement.

Employment contract at Russian Railways

If we talk about Russian Railways, then you need to understand that labor relations in Russian Railways are regulated by the provisions of the current labor legislation. Accordingly, the conclusion of employment contracts with both management and ordinary employees of this organization is carried out in accordance with the provisions of Art. 58 taking into account the specifics of the direct work activity of a particular employee.

conclusions

So, based on all of the above, we can state that for the most part, standard employment contracts are concluded for an indefinite period. The execution of labor contracts for any specific period can be carried out exclusively on the grounds determined by the provisions of labor legislation. Thus, if the employment contract does not indicate the period and the grounds for establishing such a period, then this contract is regarded as concluded for an indefinite period of time.