Employees is the organization
With which categories of employees is the organization entitled to conclude a fixed-term employment contract?
Has the right to conclude with the following categories of workers:
- applying to 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);
- pensioners by age, also with citizens who for health reasons, in agreement with the medical conclusion, are allowed only temporary work;
- citizens applying to work in organizations located in the regions of the Last North and equivalent areas, if this is combined with moving to the place of work;
- citizens who are accepted for urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics and eliminate their consequences;
- citizens elected by a competition to fill the respective position, held in the manner prescribed by law;
- creative workers of the media, cinematography organizations, Walsall Accountants, theaters, theater and concert organizations, circuses in accordance with the lists of jobs, professions, positions of these workers (List approved. I must say that by the decree of the Government of the Russian Federation No. 252 dated April 28, 2007);
- heads, deputy managers and, as usual, chief accountants of organizations, regardless of their organizational and legal forms and forms of affiliation;
- full-time students;
- crew members of sea-going ships, inland navigation vessels and mixed (river-sea) navigation vessels registered in the Russian International Register of Vessels;
- part-time workers;
- in other options provided by law. For example, with professional athletes and coaches (parts 1, 2, article 348.2 of the Labor Code of the Russian Federation).
Proof: Part 2 of Art. 59 of the Labor Code of the Russian Federation.
For how long does an organization have the right to conclude a fixed-term employment contract?
Has the right to conclude for a period of fewer than 5 years.
Another term may be provided for by the Labor Code of the Russian Federation or federal laws. If a specific, longest term of an employment contract is not established by law, it should be governed by the general rule (part 1 of article 58 of the Labor Code of the Russian Federation).
The legislation does not establish a short term for an employment contract. Everyone knows that an organization has the right, by agreement with an employee, to conclude a fixed-term employment contract, for example, for several weeks or months. So, ch. 45 of the Labor Code of the Russian Federation foresees the possibility of concluding an employment contract for up to 2 months. It is not forbidden to conclude an employment contract for a period of a certain number of days. But with all this, it should be borne in mind that the employer maintains labor books only for employees who have worked for him for more than 5 days, if work is their main (part 3 of article 66 of the Labor Code of the Russian Federation).
Conclusion: for the complete and correct design of labor relations, as well as high-quality performance of the labor function, it is impractical to establish a very small (up to 5 days inclusive) term of the labor contract.
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