Many business owners are faced with the situation when their employees reach retirement age. However, this fact, by virtue of the law, is not grounds for dismissing an employee. The law does not allow dismissing a pensioner as a matter of priority when reducing the number or staff of an enterprise. In this regard, entrepreneurs without consulting a lawyer, practice concluding fixed-term employment contracts with persons of pre-retirement age. But how legal is this and what consequences does it entail? The answer is contained in the proposed article.

Many business owners are faced with the situation when their employees reach retirement age. However, this fact, by virtue of the law, is not grounds for dismissing an employee. The law does not allow dismissing a pensioner as a matter of priority when reducing the number or staff of an enterprise. In this regard, entrepreneurs, without consulting a lawyer, practice concluding fixed-term employment contracts with persons of pre-retirement age. But how legal is this and what consequences does it entail? The answer is contained in this article.

In accordance with the Labor Code Russian Federation(Articles 58, 59) a fixed-term employment contract can be concluded only in cases provided for by the Code:

1. When the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, namely:

• for the duration of the duties of an absent employee, whose place of work is retained;
• for the duration of temporary (up to two months) work;
• to perform seasonal work, when due to natural conditions work can only be carried out during a certain period (season);
• with persons sent to work abroad;
• for carrying out work that goes beyond the normal activities of the employer (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 provided;
• with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
• with persons hired to perform obviously defined work in cases where its completion cannot be determined by a specific date;
• to perform work directly related to the internship and professional training of the employee;
• in cases of election for a certain term to an elected body or to elective position for paid work, as well as employment related to the direct support of the activities of members of elected bodies or officials in government bodies and local self-government bodies, in political parties and other public associations;
• with persons sent by employment services to temporary work and public works;
• with citizens sent to undergo an alternative civil service;

2. By agreement of the parties to the employment contract without taking into account the nature of the work to be done and the conditions for its implementation:

• with persons entering work for employers - small businesses (including individual entrepreneurs), the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
• with age pensioners entering work, as well as with persons who, for health reasons in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts of the Russian Federation, work of an exclusively temporary nature is permitted;
• with persons entering work in organizations located in the Far North and equivalent areas, if this is related to moving to the place of work;
• to carry out urgent work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
• with persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
• with creative workers of the media, cinematography organizations, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;
• with managers, deputy managers and chief accountants of organizations, regardless of their legal forms and forms of ownership;
• with persons studying full-time;
• with crew members of sea vessels, inland navigation vessels and mixed (river - sea) navigation vessels registered in the Russian International Register of Vessels;
• with persons applying for part-time work;
• in other cases provided for by this Code or other federal laws.

Thus, the current legislation contains exhaustive list grounds for concluding a fixed-term employment contract and reaching pre-retirement age do not apply to such grounds.

Based on the interpretation of the Constitutional Court of the Russian Federation, the conclusion of a fixed-term employment contract with age pensioners can take place without taking into account the nature of the work ahead or the conditions for its implementation. At the same time, the establishment of labor relations for a certain period, without taking into account the nature of the work and the conditions for its implementation, is allowed only with those pensioners who go to work. The law does not give the employer the right to renew an employment contract concluded with an employee for an indefinite period into a fixed-term employment contract (as well as to terminate the employment contract) in connection with this employee reaching retirement age and assigning him a pension (Decision of the Constitutional Court of the Russian Federation dated May 15, 2007 . N 378-O-P).

In addition, by virtue of Article 58 of the Labor Code of the Russian Federation, a fixed-term employment contract concluded in the absence of sufficient grounds established by the court is considered concluded for an indefinite period. Concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period is prohibited.

The law provides for serious employer's liability for violation of labor legislation (Article 5.27 of the Russian Code of Administrative Offenses):

Overlay administrative fine for officials in the amount from one thousand to five thousand rubles;

For individual entrepreneurs - fine from one thousand to five thousand rubles or administrative suspension of activities for up to ninety days;

For legal entities - fine from Tthirty thousand to fifty thousand rubles or administrative suspension of activities for up to ninety days.

Repeated similar violation of labor legislation entails disqualification for a period from one year to three years.

In this regard, we strongly recommend that you make any decisions regarding commercial activities and relations with hired personnel only after preliminaryconsultations with a lawyer!

List the types of employment contracts depending on the period of its conclusion. Determine the requirements for the nature of the work or the conditions for its implementation when concluding a fixed-term employment contract. Describe the types of employment contracts depending on the period of its conclusion

Employment contracts can be concluded for:

• 1) indefinite period;
• 2) a certain period of not more than five years (fixed-term employment contract);
• 3) time for performing a certain job (fixed-term employment contract);
• 4) the time for performing the duties of a temporarily absent employee, whose place of work is retained in accordance with the Labor Code (fixed-term employment contract);
• 5) time for performing seasonal work (fixed-term employment contract).

A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, as well as in cases provided for by the Labor Code. By agreement of the parties, a fixed-term employment contract may be concluded without taking into account the requirements for fixed-term employment contracts provided for in Part 2 of Article 17 of the Labor Code with persons hired to work for an individual entrepreneur or a micro-organization.

A type of fixed-term employment contract is a contract, which is concluded in the manner and on the terms provided for by labor legislation (minimum for 1 year, maximum for 5 years, regardless of the nature of the work).

Employment contract for the duration of a certain work is in cases where the time of completion of the work cannot be determined accurately. The difference between these contracts and contracts concluded for a specific period (1, 2, 3 years, etc.) is that the term of the contract for the duration of certain work is determined not by the exact calendar date, but by the time of completion of certain work, since The completion of the work is determined not by any precisely established calendar date, but by the fact of completion of the work, confirmed, as a rule, by an act of acceptance of its result.

An employment contract concluded with an employee for the duration of a specific job, as well as an employment order, must clearly indicate for the duration of which specific work the employee is employed by a given employer (for example, “hired for the duration of the construction of an extension to the main building of the administrative building"). To terminate a fixed-term employment contract concluded for the duration of certain work, the mere fact of completing this work is not enough. To terminate an employment contract concluded for the duration of certain work (clause 3 of article 17 of the Labor Code) under clause 2 of art. 35 of the Labor Code, two legal facts must be present simultaneously:

• 1) completion of work;
• 2) a statement of demand from at least one of the parties to terminate the employment contract.

When concluding an employment contract for the duration of the duties of a temporarily absent employee, whose place of work is retained in accordance with the Labor Code, it should be borne in mind that the temporary absence of a permanent employee may be due to the employee’s temporary incapacity for work, being on a business trip, on study leave, etc. P. In these and other cases, such employees, despite their absence, may, in accordance with the law, retain their jobs, and, therefore, their positions are not considered vacant. In accordance with Part 3 of Art. 38 of the Labor Code, an employment contract concluded for the duration of the duties of a temporarily absent employee is terminated from the day preceding the day this employee returns to work. The employment contract with the employee who replaced the main employee is terminated on the basis of clause 2 of Art. 35 of the Labor Code due to the expiration of the employment contract.

An employment contract for the duration of seasonal work is concluded in cases where work, due to natural and climatic conditions, can only be performed during a certain season. According to Art. 299 of the Labor Code, seasonal work is recognized as work that, due to natural and climatic conditions, is not performed all year round, but during a certain period (season) not exceeding 6 months. The list of seasonal work was approved by Resolution of the Ministry of Labor dated April 14, 2000 No. 56. The specified List includes several dozen items that include such types of work as seasonal work, such as silvicultural work, forest protection work, fire fighting work, etc. This list of seasonal work is mandatory for employers. The condition regarding the seasonal nature of the work and the time of its implementation must be agreed upon with the employee in the employment contract, which is concluded for the duration of the seasonal work.

If the employment contract does not specify the duration of its validity, the contract is considered to be concluded for an indefinite period.

Employment contracts with temporary workers are identified as a separate type (Chapter 23 of the Labor Code). Employees hired for a period of up to two months are recognized as temporary, and to replace a temporarily absent employee whose place of work (position) is retained - up to four months. Conditions regarding the temporary nature of the work must be specified in the employment contract.

Conditions for performing the upcoming work

As a basis for concluding a fixed-term employment contract, according to Art. 58 of the Labor Code of the Russian Federation, the conditions for performing the upcoming work may also be taken into account:

a) harmful, dangerous, difficult environmental and climatic conditions (for example, a fixed-term employment contract of the established form in accordance with the law “On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas”);

b) conditions for the performance of the duties of a temporarily absent employee, whose place of work is retained in accordance with Art. 256 of the Labor Code of the Russian Federation (these are the working conditions of an employee hired for the period of a woman’s maternity leave, as well as her leave to care for a child under three years of age) The peculiarity of working conditions is caused by the presence of benefits and guarantees provided by labor legislation to a pregnant woman, as well as a woman who has a child under three years of age);

Unfortunately, in practice there are cases when other criteria for assessing the circumstances (reasons) for concluding a fixed-term employment contract are used. These cases violate the principles of regulation of labor relations formulated in Art. 2 of the Labor Code of the Russian Federation, the legal rights of employees entail disputes in court. Thus, a fixed-term employment contract is sometimes concluded with persons entering work in organizations created for a “previously defined period of time,” as well as with “persons to perform a predetermined job.” In Russian, the word “deliberately” is used to denote a negative object or event, for example, “deliberate scoundrel” or “deliberate lie,” i.e. information that is used with selfish intent, since it is known in advance that it does not correspond to reality. It is no coincidence that the word “knowingly” is used in investigative and judicial practice for the legal qualification of the unlawful behavior of a person falling under one or another crime. Considering the meaning of the word obviously, it is not difficult to imagine what “organizations created for a deliberately defined period of time” are “one-day companies.”

Features of the application of Article 59 of the Labor Code

Additional attention in the practice of applying labor legislation requires Article 59 of the Labor Code of the Russian Federation, which from the first words contains an alternative: “A fixed-term employment contract may be concluded...”. In other words, it can be concluded, but not always and not necessarily.

Plenum Supreme Court of the Russian Federation in resolution dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code of the Russian Federation" stated the following: "...since Article 59 of the Labor Code provides for the right, and not the obligation, of the employer to conclude a fixed-term employment contract in the cases provided for by this norm, the employer can exercise this right subject to the general rules for concluding a fixed-term employment contract established by Article 58 Labor Code".

The general rules are associated with the impossibility of forming labor relations for an indefinite period, taking into account the nature of the work to be performed or the conditions for its implementation.

In this regard, attention should be paid to the conclusion of employment contracts with persons working part-time. By general rule An employment contract is concluded with part-time workers under paragraph 1 of Art. 58 of the Labor Code of the Russian Federation - for an indefinite period. The fact of part-time work in itself is not a basis for concluding a fixed-term employment contract. The results of a competition in which scientific or teaching staff, as well as teaching staff, participated cannot be the basis for concluding a fixed-term employment contract. Moreover, the wording “before holding a competition to fill the position” has nothing to do with the basis for concluding a fixed-term employment contract. An employment contract drawn up with this wording is considered to be concluded for an indefinite period.

According to Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract can be concluded with old-age pensioners, as well as with persons who, for health reasons, in accordance with a medical report, are allowed to work exclusively of a temporary nature. The text of the law does not explain what the phrase “work of an exclusively temporary nature” means, although it is decisive for the type of employment contract that can be concluded with this category of workers. In order to decide what type of employment contract to conclude with age pensioners, and therefore to determine the features of the labor relationship that will be formed with these employees, you should use an already known concept that has a place in the law. We are talking about work for up to two months from Chapter 45 of the Labor Code of the Russian Federation. Here the work is “exclusively temporary” and is an indicator of irregular work that cannot be performed evenly from day to day over a long period of time (quarter, year). Thus, with age pensioners, as well as with persons whose official duties are determined by their state of health according to a medical report, labor relations are built under an employment contract for a period of up to two months, according to Art. 289 Labor Code (features of labor relations for this type of contract were discussed above). We can only clarify that in the case when a pensioner works at an enterprise for a year, and this entire period of work is formalized by concluding a second and subsequent contracts for a period of up to two months, an illegal substitution of an employment contract for an indefinite period occurs. The fact of numerous conclusions of employment contracts excludes the characteristic signs of irregular work and insignificant amount of work, which are the basis for concluding a fixed-term employment contract for a period of up to two months. According to Art. 58 of the Labor Code of the Russian Federation, a fixed-term employment contract concluded without sufficient grounds is considered concluded for an indefinite period.

A fixed-term employment contract can be concluded with a student studying at a university, but again, subject to the general rules for concluding this type of contract. In accordance with Art. 57 of the Labor Code of the Russian Federation, a fixed-term employment contract must indicate two dates: the exact start date of work and the exact end date of work. It is unacceptable to replace the exact date of completion of work with the expression “before graduation from university” or “during internship”. With this formulation, the employment contract is initially considered to be concluded for an indefinite period. As for a fixed-term employment contract, concluded in compliance with the general procedure established by Article 58 of the Labor Code, its validity period cannot be shortened or terminated by the fact that the employee-student graduates from the university in which he studied.

Recently, cases of concluding an employment contract with the wording “for a probationary period” have become more frequent. In this case, during the probationary period, wages are set at a reduced rate. The text of the document indicates that a fixed-term employment contract has been concluded, which will be terminated upon expiration if the test result is unsatisfactory. Such tricks with illegal substitution of legal concepts are a gross violation of the principles of regulation of labor relations, outright discrimination against the employee, and the use of forced labor against him. In this case, there can be no question of a fixed-term employment contract. There is no doubt that the employment contract here is considered concluded for an indefinite period, according to paragraph one of Article 58 of the Labor Code.

Thus, a fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period. in case of concluding a fixed-term employment contract, it shall indicate the period of its validity and the circumstance (reason) that served as the basis for concluding a fixed-term employment contract. If they are not specified, then the employment contract is considered to be concluded for an indefinite period.

The circumstance (reason) that serves as the basis for concluding a fixed-term employment contract is the nature of the work to be performed. The nature of the work can be determined by the following qualities and indicators: irregularity of work, seasonality of work, insignificant amount of work, prevention and elimination of the consequences of natural disasters, accidents, catastrophes, epidemics and other emergency circumstances.

As a basis for concluding a fixed-term employment contract, the conditions for performing the upcoming work may also be taken into account:

a) harmful, dangerous, difficult environmental and climatic conditions;

b) conditions for the performance of the duties of a temporarily absent employee, whose place of work is retained in accordance with Art. 256 of the Labor Code of the Russian Federation (these are the working conditions of an employee hired for the period of a woman’s maternity leave, as well as her leave to care for a child under three years of age);

c) working conditions in small business organizations, as well as for employers - individuals.

Once, during an exam on labor law, one of the students with sadness in his voice told the teacher (by the way, the author of our magazine): “There are no indefinite employment relationships. An employment contract is always fixed-term, because we are all mortal...” This is such a philosophical approach... Well, no one has canceled the laws of life. Well, legal laws impose their own specific requirements for the duration of the employment relationship. And as a general rule, an employment contract should be of unlimited duration, and its expiration date can be set in advance only as an exception. Today we will talk about what conditions are necessary to establish a “temporary” employment relationship and what happens to a fixed-term contract in a situation when the “time” allotted to it ends.

Labor legislation divides employment contracts into two types:
prisoners for an indefinite period;
concluded for a period of up to five years, unless a different period is established by the Labor Code of the Russian Federation and other federal laws.

Nowhere in the law does it directly say that labor relations in most cases should be established “forever” - by concluding an agreement that does not specify an expiration date. However, already part 2 of Art. 58 of the Labor Code of the Russian Federation says that “a fixed-term employment contract is concluded when employment relations cannot be established for an indefinite period...” It is from this wording that we can conclude: “temporary” employment relationships are an exception to general rule establishing permanent relationships.

Let us immediately note that the peculiarity of fixed-term employment relationships is only the possibility of their termination on the grounds provided for in paragraph 2 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, - in connection with the expiration of the employment contract; termination is carried out according to the rules set out in Art. 79 Labor Code of the Russian Federation. Otherwise, employees hired under a fixed-term employment contract have the same rights and obligations as those who entered into a contract for an indefinite period.

Part 6 art. 58 of the Labor Code of the Russian Federation directly prohibits concluding fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom a contract is concluded for an indefinite period.

FIXED-TERM EMPLOYMENT CONTRACT: WHEN AND FOR WHAT TIME?

Note! An agreement concluded for a specific period in the absence of sufficient grounds, if this is established by the court, is considered concluded for an indefinite period.

So, the law limits the parties’ ability to enter into fixed-term employment contracts. Moreover: an agreement concluded for a certain period in the absence of sufficient grounds, if this is established by the court, is considered concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation). This means that it is necessary to understand what grounds allow the parties to establish a fixed-term employment relationship. Conventionally, they can be divided into two groups.

Group 1. Cases when the employment relationship - taking into account the nature of the work to be performed or the conditions of its implementation - cannot be established for an indefinite period. The list of cases of such unconditional conclusion of a fixed-term employment contract is enshrined in Part 1 of Art. 59 Labor Code of the Russian Federation. We showed them depending on the category of citizens hired, the nature of the work to be done or the conditions for its implementation in table 1.

Group 2. There are cases defined by law when a fixed-term employment contract can be concluded without taking into account the nature of the work to be done and the conditions for its implementation by agreement of the parties to the employment contract. The list of situations in which it is permissible to establish fixed-term employment relationships, if the parties reach agreement on this, is given in Part 2 of Art. 59 Labor Code of the Russian Federation ( table 2). In these situations, the parties can either establish an indefinite employment relationship or agree on a specific duration.

Both lists contained in Art. 59 of the Labor Code of the Russian Federation are open. A fixed-term employment contract can be concluded in other cases if they are provided for by the Labor Code of the Russian Federation or other federal laws.

For example, by agreement of the parties, an employment contract to fill the position of a scientific and pedagogical worker in a higher educational institution can be concluded for a period determined by the parties (Article 332 of the Labor Code of the Russian Federation).

Note! Cases of concluding a fixed-term employment contract are established only by the Labor Code of the Russian Federation or other federal laws

No other documents - neither legislative acts of the constituent entities of the Russian Federation, nor documents in force for an individual employer (local regulations or a collective agreement) - can determine cases of establishing temporary labor relations.

Issues of legality and validity of concluding a fixed-term employment contract were considered by the Plenum of the Supreme Court of the Russian Federation. Thus, in paragraph 13 of the stop dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as the resolution of the Plenum No. 2), recommendations were given to the courts considering labor disputes: “When deciding the validity of concluding a fixed-term labor agreement with an employee agreement, it should be taken into account that such an agreement is concluded when the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done or the conditions for its implementation, in particular in the cases provided for in Part 1 of Art. 59 of the Labor Code of the Russian Federation, as well as in other cases established by the Code or other federal laws (Part 2 of Article 58, Part 1 of Article 59 of the Labor Code of the Russian Federation).

Table 1

Cases of unconditional conclusion of a fixed-term employment contract (Part 1 of Article 59 of the Labor Code of the Russian Federation)

Table 1

Cases of concluding a fixed-term employment contract by agreement of the parties (Part 2 of Article 59 of the Labor Code of the Russian Federation)

In accordance with Part 2 of Art. 58 of the Labor Code of the Russian Federation in cases provided for in Part 2 of Art. 59 of the Code, a fixed-term employment contract may be concluded without taking into account the nature of the work to be performed and the conditions for its implementation.”

Thus, to establish a fixed-term employment relationship, there must be grounds provided for by federal law. IN otherwise the court may come to the conclusion that the determination of their term is unreasonable and that the dismissed employee is reinstated.

Ch. worked as a media planning manager at the CJSC Editorial Board of the Russian Economic Weekly "Birzha" under a fixed-term employment contract concluded for six months. After the expiration of the term, she was dismissed under clause 2 of part 1 of Art. 77 Labor Code of the Russian Federation.

Considering that the fixed-term employment contract was concluded with her illegally, Ch. appealed the dismissal in court. The employer's representative did not admit the claim, citing the fact that the work was temporary. The number of employees, according to him, depends on the results of the subscription, and ultimately on the financial situation of the organization, therefore, fixed-term employment contracts are concluded with all employees of the company for six months.

The court came to the conclusion that the conclusion of a fixed-term employment contract was unfounded (there are no grounds provided for in Part 1 of Article 59 of the Labor Code of the Russian Federation) and, accordingly, its termination. Ch. was reinstated at work.

Regarding the conclusion of a fixed-term employment contract without taking into account the nature of the work to be done and the conditions for its implementation, it must be borne in mind that such a contract can be recognized as legal only if two conditions are met in combination:

Condition 1. The circumstances of concluding a fixed-term employment contract are specified in Part 2 of Art. 59 Labor Code of the Russian Federation.

Condition 2. There is an agreement between the parties, i.e. the contract is concluded on the basis of the voluntary consent of the employee and the employer.

Note! If, when resolving a dispute about the legality of concluding such a fixed-term employment contract, the court finds that the employee was forced to enter into it, then the rules of an indefinite-term contract will be applied.

Please note: if, when resolving a dispute about the legality of concluding such a fixed-term employment contract, the court finds that the employee was forced to enter into it, then the rules of an indefinite-term contract will be applied.

As for determining the term of the employment contract itself, there are several options for establishing it. And the choice of a specific one depends on the circumstances. In some situations, the period is determined on the basis of certain documents and cannot be changed by agreement of the parties.

For example, the term of an employment contract with an employee sent to perform alternative civil service cannot be determined by agreement of the parties. In this case, it must correspond to the period of alternative civil service established in Art. 5 of the Federal Law of July 25, 2002 No. 113-FZ “On Alternative Civil Service”.

In most cases, the specific term of the employment contract is determined by agreement of the parties, but within the maximum period provided for a particular situation or for the establishment of temporary labor relations in general.

For example, the term of an employment contract concluded for an employee to perform a certain job depends on the time of its completion, but should not exceed the maximum period established by law for fixed-term employment contracts.

Thus, when establishing a specific term of an employment contract, the main thing is not to exceed the maximum period established by law (see. table 1 and 2).

In accordance with Part 1 of Art. 58 of the Labor Code of the Russian Federation, an employment contract can be concluded for a certain period (no more than five years), unless a different period is established by the Labor Code of the Russian Federation and other federal laws. Currently, federal laws do not establish a term of employment relations longer than the five-year period established in the Code, with the exception of one situation.

So, in the case provided for in Art. 275 of the Labor Code of the Russian Federation and the corresponding article of the Federal Law of December 26, 1995 No. 208-FZ “On Joint-Stock Companies”, the duration of the employment contract with the head of the organization is determined by the constituent documents of the organization or by agreement of the parties. From this formulation we can conclude: if the constituent documents of an organization (JSC) stipulate that the term of the employment contract with the manager may exceed five years, then, accordingly, the employment contract with the manager may establish a period exceeding five years.

However, such a position does not seem to correspond to the Labor Code of the Russian Federation, which speaks of a different period established by the Code and other federal laws, i.e., about a specific law and a specific period exceeding five years. We believe that from the provisions of Art. 58 of the Labor Code of the Russian Federation does not at all mean that it is possible to establish a longer term of the employment contract in the constituent documents of the organization. Therefore, the general limitation on the term of an employment contract (five years) also applies to labor relations with the head of the organization.

So, as a general rule, the maximum duration of a fixed-term employment relationship is five years. There are exceptions to this rule regarding the reduction of the named period.

For example, according to Part 1 of Art. 338 of the Labor Code of the Russian Federation, an employment contract is concluded with an employee sent to work at a representative office of the Russian Federation abroad for a period of up to three years.

Our company is engaged in the design, publication and sale of children's literature. Often there is a need to attract individual workers (artists, writers, designers, etc.) to participate in a particular project. Until recently, we entered into agreements with them civil contracts, but we are increasingly faced with the fact that while working on a separate publication, performers must interact with colleagues who constantly work in our organization, obey the internal labor rules, peculiarities technological process. It turns out that we need to conclude fixed-term employment contracts with them. There seems to be no problem. The only thing that confuses us is the short duration of such relationships. Sometimes a designer needs a few working days to complete his work, and he will not participate in any further projects. Is it possible to conclude an employment contract, for example, for several days?

Please note: the law only defines the maximum period for establishing a temporary employment relationship. The law does not provide for a minimum term of an employment contract, which means that the contract can be concluded for a period of even one working day.

The specific period of validity of the employment contract is determined by the nature of the work, certain conditions for its implementation, and agreement of the parties. Therefore, in the situation under consideration, it is necessary to take all this into account, and if the specific work for which you are concluding an employment contract is performed by the employee in several working days, then with its completion the employment contract will terminate and there will be no violations in this case.

FIXED-TERM EMPLOYMENT CONTRACT: WE CONSIDER THE FEATURES

Let's look at some cases of concluding fixed-term employment contracts.

Performing the duties of another employee

Part 1 of Art. 59 of the Labor Code of the Russian Federation provides for the conclusion of an employment contract for the duration of the duties of an absent employee, who, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract, retains his place of work.

This is the most common basis in practice for concluding a fixed-term employment contract.

According to the law, an employment contract for a certain period can be concluded in cases where the absent employee retains his place of work (position). We have repeatedly tried to find a complete list of such cases in the Labor Code of the Russian Federation, but to no avail. Tell me, what exactly are we talking about?

The periods during which an absent employee retains his place of work are primarily provided for by labor legislation, but, as you correctly noted, not in one article of the Code. So, in Art. 114 of the Labor Code of the Russian Federation states that employees are granted annual leave while maintaining their place of work (position) and average earnings.

The employee’s place of work is retained even when the employer directs him to improve his qualifications outside of work (Article 187 of the Labor Code of the Russian Federation).

In accordance with Part 4 of Art. 256 of the Labor Code of the Russian Federation, the employee retains his place of work for the period of parental leave.

An absent employee's place of work may be retained not only by force of law, but also on the basis of other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts.

There are several “missing” employees in our organization, about whom we know for sure that they have been working in other places for a long time. However, formally we do not have legal ways to terminate employment relations with them. As far as I understand, the law does not directly provide that absentees retain their place of work. This means that we cannot hire anyone for a “occupied” position under a fixed-term employment contract. But someone has to do the job! What should I do?

Indeed, the law does not in any way regulate the situation of so-called “long” absenteeism, when an employee is absent for unexcused reasons, but this is not officially established, and the procedure for dismissal prescribed by law for absenteeism is impossible to comply with. So it turns out that the position is filled and there is no one to work.

Hiring an employee for this position under a fixed-term employment contract would certainly be a way out of this situation. But how can this be done if the law does not reserve a place of work for a person who is absent for unknown reasons? Part 1 art. 59 of the Labor Code of the Russian Federation provides the employer with the opportunity to establish cases when an absent employee retains his place of work in a collective agreement, local regulations, and employment contracts. This right should be used in order to be able to hire workers to fill positions occupied by absentees.

An employment contract concluded for the duration of the duties of an absent employee should not indicate any end date, since it is often impossible to establish.

To determine the end of the term, the following must be stated in the employment contract:

1. Grounds for concluding a fixed-term employment contract (the need to fulfill the duties of an absent employee).

2. The title of the position, last name, first name, patronymic of the absent employee and the reason why he is absent from work and his place of work is retained.

3. An event upon the occurrence of which the employment contract will be terminated.

Indication in such a fixed-term employment contract of a specific calendar date instead of a specific event, as well as the lack of reference to the basis for concluding a fixed-term employment contract, can lead to a conflict situation.

Citizen S. was hired at JSC Inter as a senior accountant under an employment contract concluded for one year. The contract indicated a calendar date for its termination, but it was terminated before this date.

S. filed a lawsuit for reinstatement at work. The OJSC lawyer did not admit the claim, explaining that the fixed-term employment contract with the plaintiff was concluded while senior accountant Kh. was on maternity leave. When H. returned to work, the contract with S. was terminated.

The court declared the dismissal illegal due to the fact that the employment contract did not indicate the basis for concluding a fixed-term contract.

Part 3 Art. 79 of the Labor Code of the Russian Federation provides that an employment contract concluded for the duration of the duties of an absent employee is terminated when he returns to work. In fact, this can happen at any time, without prior notice to the employer, and for this reason, the employer is not required to warn the replacement employee in advance about the dismissal.

One of our employees is on maternity leave until the child reaches the age of three. We found a person to replace her, but the question arose: how to indicate the term in the employment contract? In principle, we know when our main employee gave birth, and accordingly we can calculate until the day when her maternity leave ends. But I have heard the opinion that in such a situation it is impossible to indicate a specific calendar date. Do not understand why?

Indeed, in this and other similar cases, when the end of the employment contract cannot be determined on a specific day, no end date should be indicated either in the employment contract or in the employment order.

Yes, the day a child reaches three years of age is absolutely known. But if it is specified in the employment contract, and the main employee terminates parental leave early (he has the right to do so), then you will be deprived of the opportunity to terminate the employment contract with the replacement employee. This is due to the fact that the expiration of his employment contract will be determined by a specific date - the day when, according to your calculations, the child of the main employee turns three years old.

In practice, with the termination of an employment contract concluded while the main employee is on parental leave, other problems arise. It would seem that indicating the event upon the occurrence of which this contract is terminated (“the main employee goes to work”) would be the most optimal. But anything happens in life, and as such, “going to work” may not happen.

For example, a woman, without going to work, decides to give birth to another child and take maternity leave. Or he may want to take a study leave, interrupting his maternity leave, but will not go to work for a single day.

In practice, unfortunately, tragic situations also occur when an employee on maternity leave dies. Labor relations with her are terminated on the basis provided for in clause 6, part 1, art. 83 of the Labor Code of the Russian Federation (death of an employee), but the grounds for termination of a fixed-term employment contract concluded for the period “until the main employee returns to work” never arise.

Finally, the main employee who is on vacation can resign of his own free will without interrupting his vacation or returning to work. In such a situation, there will also be no “going to work.”

Some employers are trying to solve this problem by linking the end of the employment contract with the occurrence of an event such as “the end of parental leave.”

Our artist went on maternity leave in September 2010, and then on parental leave. During maternity leave, her duties were performed part-time by the designer. We decided to enter into a fixed-term employment contract while the woman was on maternity leave. They selected a suitable candidate, and indicated in the employment contract that it would be terminated “with the end of parental leave.” And the artist announced in February 2011 that she wanted to work from home while on maternity leave. Of course, we could not refuse her this request. But a problem arose: how to fire an employee who was hired for this position “before the end of our artist’s vacation,” when there was no “end of vacation” as such? We, of course, asked our employee to interrupt her maternity leave for one day and go back to work, and on this date we terminated the fixed-term employment contract. But I would like to know: is it possible to somehow formulate the expiration date of such an employment contract in order to take into account all possible situations?

In an employment contract, it is indeed possible to indicate the event upon the occurrence of which its validity is terminated, as follows: “ end of parental leave of the main employee and (or) return of the main employee to work" This wording will “help” terminate the employment contract in cases where the main employee goes to work on a part-time basis without interrupting parental leave (Part 3 of Article 256 of the Labor Code of the Russian Federation). However, it turned out to be ineffective in the described situation, when the main employee decided to start working from home. In this case, the expiration of the employment contract cannot be determined either by the end of the vacation or by the employee returning to work, despite the fact that there is no need for a replacement.

It turns out this way: the end of the period should be determined in such a way as to “link” it to the day when the period due to which the main employee is absent ends, but at the same time also take into account all possible scenarios.

We believe that in the case when a fixed-term employment contract is concluded during the absence of the main employee who is on parental leave until he reaches the age of three years, the term condition can be formulated as follows: “ ...before the end of parental leave and (or) by the date the main employee returns to work or by the start date of work from home while on parental leave» ( application).

Temporary work

Part 1 art. 59 of the Labor Code of the Russian Federation provides that a fixed-term employment contract is concluded for the duration of temporary (up to two months) work. The specifics of regulating the labor of workers who have entered into such an agreement are established by Chapter. 45 Labor Code of the Russian Federation. Some of them should be taken into account when concluding a contract.

So, according to Art. 289 of the Labor Code of the Russian Federation for this category of workers there is no test when hiring.

The agreement of the parties in the employment contract must determine its specific duration within two months.

Seasonal work

Personnel DictionarySeasonal work is recognized that, due to climatic and other natural conditions, is carried out during a certain period of time (season), not exceeding, as a rule, six months (Part 1 of Article 293 of the Labor Code of the Russian Federation)

In accordance with Part 1 of Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract is concluded to perform seasonal work, when, due to natural conditions, work can only be carried out during a certain period (season).

Concluding a fixed-term employment contract to perform seasonal work is permitted provided that these works are included in a special list.

Lists of seasonal work, including individual work, which can be carried out over a period (season) exceeding six months, and the maximum duration of such work are determined by industry (inter-industry) agreements concluded at the federal level of social partnership.

Note! According to Art. 294 of the Labor Code of the Russian Federation, the condition regarding the seasonal nature of the work must be indicated in the employment contract

For example, in accordance with the Industry Agreement of organizations for the timber industry of the Russian Federation for 2009-2011, seasonal work in the forest industry is recognized as:
logging industry (extraction of resin, barras, stump tar and spruce sulfur);
timber rafting (discharge of wood into water, primary and raft timber rafting, sorting on water, rafting and rolling of wood from water, loading (unloading) of wood onto ships).

The specifics of regulating the labor of workers engaged in seasonal work are established by Ch. 46 Labor Code of the Russian Federation.

The expiration date of an employment contract is associated with a specific calendar date within a specific season.

Work in organizations created for a predetermined period or to perform a predetermined job

A fixed-term employment contract is concluded with persons applying for work in such organizations. The fact that an organization is created for a certain period or only to perform a clearly defined work must be enshrined in its constituent documents. They indicate the specific period of time for which the organization is created or during which the work that is the purpose of creating the organization will be completed.

So, according to paragraph 2 of Art. 61 of the Civil Code of the Russian Federation, a legal entity can be created for a certain period to achieve any goal. In this case, the legal entity may be liquidated by decision of its founders (participants) or a body of the legal entity authorized to do so by the constituent documents. Liquidation legal entity is considered completed, and it itself has ceased to exist after making an entry about this in the Unified State Register of Legal Entities (clause 8 of Article 63 of the Civil Code of the Russian Federation).

According to paragraph 14 of Plenum Resolution No. 2, the term of the employment contract in such cases is determined by the period for which the organization was created. Therefore, dismissal of employees on grounds related to the expiration of the contract can be carried out if the organization actually ceases its activities due to the expiration of the period for which it was created, or the achievement of the purpose for which it was created, without the transfer of rights and obligations through succession to other persons.

Performing a known task

Part 1 art. 59 of the Labor Code of the Russian Federation prescribes the conclusion of an employment contract with persons hired to perform a clearly defined job in cases where its completion cannot be determined by a specific date. In such an employment contract it is necessary to indicate exactly what work must be performed and its specific volume.

We plan to hire an employee under a fixed-term employment contract for the duration of a specific job - renovation of an office space. One of the main conditions for performing such repairs is the provision of a two-year warranty. Is it possible in the employment contract with the employee who will do the repairs, to provide for a condition that during the period of validity of the guarantee, he will, if necessary, be involved in warranty work, although at this time he will no longer be in an employment relationship with us?

A fixed-term employment contract, in particular, is concluded with persons hired to perform a clearly defined job in cases where its completion cannot be determined by a specific date.

According to Part 1 of Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. This contract, concluded for the duration of the performance repair work, will be terminated upon completion. Thus, the possibility of working during the guarantee period cannot be provided for in the employment contract, since this contract will be terminated with the signing of the certificate of completion of work.

It is impossible to indicate the calendar date for the end of the employment contract in such cases. The contract is terminated upon completion of the obviously defined work (Part 2 of Article 79 of the Labor Code of the Russian Federation).

Let's consider the court's decision on this issue (the ruling of the Judicial Collegium for Civil Cases of the Sverdlovsk Regional Court dated July 19, 2007 in case No. 33-5033).

Music teacher in clarinet class L. worked in the municipal educational institution culture of additional education for children “Children’s music school No. 5 named after V.V. Znamensky" (Children's Music School No. 5) under a fixed-term employment contract for the period from December 1, 2006 - for the duration of the actual availability of students in the clarinet class - with a teaching load of two hours a week.

Due to the termination of the fixed-term employment contract on February 28, 2007, the teacher was fired. Considering this illegal, on April 19, 2007, he filed a claim in court for reinstatement in his previous position and recovery of average earnings for the period of forced absence. In support of his demands, L. indicated that the employment contract concluded with him was not of a fixed-term nature, but was concluded for an indefinite period and could not be terminated due to the absence of clarinet students at the music school.

The defendant's representative did not admit the claim, explaining to the court that there were all grounds for the plaintiff's dismissal due to the expiration of the employment contract, and the dismissal procedure was followed.

The court refused to satisfy the employee’s claims in full, citing the following in support of its decision. L. was hired at Children's Music School No. 5 as a clarinet teacher under a fixed-term employment contract from December 1, 2006 - for the duration of the actual availability of students in the clarinet class - with a teaching load of two hours a week. It follows from the employment contract concluded with the plaintiff that it is fixed-term and concluded for the period from December 1, 2006 - for the entire period of availability of students in the clarinet class.

Since the employment contract concluded with the plaintiff indicates the fact that it was concluded with a person hired to perform a clearly defined job, the completion of which cannot be determined by a specific date, then, as the court found, this contract is urgent.

By virtue of Part 1 of Art. 79 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated upon expiration of its validity period. An employment contract concluded for the duration of certain work is terminated upon completion of this work (Part 2 of Article 79 of the Labor Code of the Russian Federation).

Based on the curriculum of Children's Music School No. 5 for the 2006/2007 academic year, approved by the school director on August 31, 2006, the clarinet is not included in the list of instruments in the subject “musical instrument.” In accordance with the list of students at Children's Music School No. 5 in the 2006/2007 academic year, there was one student in the clarinet class at the school - P., who studied in the period from December 1, 2006 to March 1, 2007.

On the day the plaintiff was hired, as the defendant’s representative explained to the court, recruitment and pricing teaching staff Schools for the 2006/2007 school year were completed and the clarinet was not included in the curriculum. At the same time, having one student does not guarantee permanent employment at Children's Music School No. 5 as an educational institution of additional education. Since there were no other students in the clarinet class at the school, according to Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract was concluded with L. In this case, he was accepted to perform a clearly defined job, when its completion could not be established by a specific date. It was envisaged to work as a teacher for the duration of the actual presence of students in the clarinet class with a teaching load of two hours a week in accordance with curriculum in the subject “musical instrument” per student.

The court found: since in this situation the term of the employment contract is determined not by a period of time, but by the period of completion of a certain work, the basis for its termination is the completion of this work. In this case, the employment contract is terminated from the date on which the work is considered completed. At the same time, the employee does not have the right to insist on the continuation of the employment relationship if the employer decides to terminate the employment contract due to its expiration.

Election for a specified period to an elected body or to an elective position

A fixed-term employment contract is concluded in cases of election for a certain period of time to an elected body or to an elective position for paid work, as well as entry into work related to the direct support of the activities of members of elected bodies or officials in state authorities and local self-government bodies, in political parties and other public associations.

This basis for establishing temporary labor relations is of a special nature and relates to individual entities.

Firstly, these are persons elected to an elective position for paid work. In cases of election to an elective body or to an elective position for paid work, an employment contract is concluded for the period of election.

Thus, the rector of a state or municipal higher educational institution enters into an employment contract with the body executive power or the executive and administrative body of the city district, municipal district, under whose jurisdiction such an educational institution is located, for a period of up to five years (Part 5, Article 12 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”).

Secondly, these are persons who entered work related to the direct support of the activities of members of elected bodies or officials in state authorities and local governments, in political parties and other public associations.

Thus, an employment contract with an assistant to a member of the Federation Council, deputy State Duma is concluded for a period not exceeding the term of office of a member of the Council or a deputy (clause 2 of Article 38 of Federal Law No. 3-FZ dated 05/08/1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”).

The term of office of a person holding a municipal position is limited to the term of the employment contract of an employee whose activities are related to the direct provision of the execution of powers by the specified person (Clause 2, Article 7 of the Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation”) .

In this case we're talking about on work related to the direct support of the activities of members of these bodies or officials. This means that early termination of the powers of certain bodies or officials will entail the termination of employment contracts with persons hired to ensure their activities.

Temporary and public works

The conclusion of a fixed-term employment contract with persons sent by employment services for temporary work, including public work, is provided for in Part 1 of Art. 59 of the Labor Code of the Russian Federation and Art. 24 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation.”

Personnel Dictionary Under community service is understood as work activity that has a socially useful orientation and is organized as social support for citizens looking for work

Public works do not include activities related to the need to eliminate the consequences of accidents, natural disasters and other emergency circumstances that require special training.

The types and volumes of public works are determined - based on the situation with the employment of citizens - by executive authorities of the constituent entities of the Russian Federation and local governments at the proposal and with the participation of employment service bodies.

Participation of citizens in public works is allowed only with their consent and in compliance with labor legislation. When sending people to public works, the health status, age, professional and other individual characteristics of citizens are taken into account.

Alternative civil service

Personnel DictionaryAlternative civil service- This special kind labor activity in the interests of society and the state, carried out by citizens in return military service on call

When concluding a fixed-term employment contract with citizens sent to perform alternative civil service, it should be taken into account that their status and procedure for service are regulated by Federal Law No. 113-FZ of July 25, 2002 “On Alternative Civil Service”.

Citizens performing alternative civil service do not have the right to refuse to conclude a fixed-term employment contract, as well as to perform the labor duties assigned to them by a fixed-term employment contract.

The term of alternative civil service as a general rule is 21 months. The term of alternative civil service for citizens serving in organizations of the Armed Forces of the Russian Federation, other troops, military formations and bodies is 18 months.

To determine the term of the employment contract concluded with a citizen sent to perform alternative civil service, the following should be taken into account.

1. The beginning of a citizen’s alternative civil service is considered to be the day of his departure to the place of alternative civil service, specified in the order of the military commissariat.

2. The end of a citizen's alternative civil service is considered to be the day the employer terminates a fixed-term employment contract with the citizen upon his dismissal from service.

Cases of concluding a fixed-term employment contract by agreement of the parties

As we have already said, fixed-term employment contracts can be concluded by agreement of the parties without taking into account the nature of the work to be done and the conditions for its implementation. Let us note the peculiarities of establishing the term of the employment relationship in individual cases.

Case 1. A fixed-term employment contract can be concluded with old-age pensioners entering work.

Please note: the law states that the basis for establishing a fixed-term employment relationship is not the achievement of a job candidate of retirement age, but the fact that the future employee is a pensioner.

We are hiring a citizen who has recently turned 56 years old. He has already been granted early retirement, as he lived for 28 years in the Far North. Our manager wants to conclude a fixed-term employment contract with him as a pensioner, and the candidate claims that he is not a pensioner “by age”, since he has not yet turned 60 years old. Who is right?

Article 5 of the Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” names among the types of labor pensions an old-age labor pension, but not “age-based”, as stated in Part 2 of Art. 59 Labor Code of the Russian Federation. Such discrepancies in concepts became the subject of discussion in the Constitutional Court of the Russian Federation, which, in its ruling dated May 15, 2007 No. 378-O-P “On the refusal to accept for consideration the request of the Amur City Court of the Khabarovsk Territory to verify the constitutionality of the provisions of Article 59 of the Labor Code of the Russian Federation” identified these concepts.

An old-age labor pension is assigned not only upon reaching the retirement age established in our country (for men from 60 years old, and for women from 55 years old). For certain categories of workers, subject to compliance necessary conditions it can be prescribed earlier than the specified age, i.e. ahead of schedule, as in the situation under consideration. And if a person entering work is a recipient of an old-age pension (regardless of his age), an employment contract can be concluded with him for a certain period.

However, it must be taken into account that such a possibility can only be realized by agreement of the parties to the employment contract. If the parties do not agree on the temporary nature of the contract, it must be concluded for an indefinite period. Let us remind you: if the court, when resolving a labor dispute, determines that a fixed-term employment contract was concluded by an employee involuntarily, it will apply the rules of an open-ended contract.

This basis for dismissal is often called discriminatory, since some employers believe that a person’s reaching retirement age in itself serves as a sufficient basis for concluding a fixed-term employment contract with him. However, it is not. Remember that in order to establish a fixed-term employment relationship, the free will of the future employee is necessary.

Another common misconception: with an employee who has reached retirement age, you can “re-sign” an open-ended employment contract to a fixed-term one. Remember: the employer does not have the right to do this, including with the consent of the employee.

Case 2. The fact that an employee, for health reasons, can perform work of an exclusively temporary nature must be indicated in a medical report issued in the manner established by federal laws or other regulatory legal acts of the Russian Federation.

The term of the employment contract in this case is determined on the basis of medical prescriptions. The parties do not have the right, at their discretion, to establish a term of an employment contract of greater or lesser duration, despite the fact that the term itself appears in the employment contract by agreement of the parties.

Case 3. A fixed-term employment contract is concluded with persons applying for work in organizations located in the Far North and equivalent areas, if this involves moving to the place of work.

With employees permanently residing and working in the specified areas and localities, a fixed-term employment contract is concluded on a general basis.

Case 4. Lists of jobs, professions, positions of creative workers in the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works with whom, by agreement of the parties, an employment contract can be concluded , approved by the Government of the Russian Federation taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

This list was approved by Decree of the Government of the Russian Federation dated April 28, 2007 No. 252.

Creative workers include, for example, a television administrator, an assistant sound engineer, a television film editor, a reader, a prop maker, a costume designer, etc.

Case 5. The validity period of the employment contract with the head of the organization in accordance with Part 1 of Art. 275 of the Labor Code of the Russian Federation is determined by the constituent documents of the organization or by agreement of the parties.

Fixed-term employment contracts can be concluded with the deputy manager and chief accountant only taking into account the provisions of Art. 58 of the Labor Code of the Russian Federation: when the parties came to an agreement on the need to conclude a fixed-term contract.

Case 6. A fixed-term employment contract can be concluded with an employee hired on a part-time basis.

Please note: by concluding a fixed-term employment contract with a part-time worker, you lose the opportunity to dismiss him on a special basis provided for in Art. 288 Labor Code of the Russian Federation. According to this article, in the case of hiring an employee for whom this work will be the main one, only an employment contract concluded for an indefinite period can be terminated.

In the next issue we will continue the conversation about temporary employment relationships and talk about how to properly formalize, extend and terminate a fixed-term employment contract.

Application

An example of drawing up an employment contract concluded during the absence of an employee on parental leave (fragment)

Any person of working age can get a job. But there are many different professions that require a person to perform certain actions in a specific place. It often happens that people of exactly the same profession, working at different enterprises, have completely different working conditions. But what is meant by this phrase? Let's look at examples to clarify this concept.

Work and rest schedule

When applying for an official job, a person must undergo an interview and become familiar with his future place of activity. But first, let's look at the working conditions associated with the regime. Let's say the shift starts at 8:00 and ends at 17:00. Lunch break - from 12.00 to 13.00.

This is one of the working conditions. Now imagine that an employee in the same position works on a different schedule due to a complex technical process. His shift starts at 13:00 and ends at 22:00.

Indoors or outdoors

Now consider the example of a real estate agency employee. Unlike, for example, a teacher or a bank employee, this specialist often moves from one area of ​​the city to another.

Occasionally appears in the office. Accordingly, the working conditions of a teacher and a bank employee are calmer - in any weather they are warm and under a roof. A realtor, on the contrary, must visit one or another property in any weather.

Working under a roof

Also, working conditions should mean the parameters of the room:

• microclimate (warm/cold, presence/absence of air conditioning/heating systems);
• availability of a bathroom;
• illumination;
• condition and quality of furniture;
• a serviceable and suitable tool for the job;
• availability of comfortable uniform (if necessary);
• availability of places for breaks;
• absence/presence of repairs;
• coolers/machines with drinking water.

Of course, all this is the conditions under which the employee must work.

Harmfulness

There are enterprises and professions associated with harmful and dangerous working conditions. Let's look at a few examples. Let's start with the foundry worker. The fact is that the room is constantly hot, the combustion process occurs. As a result, not only heat is released into the room, but also harmful fumes from metals, plastics and other products. That is, a person has to work in difficult conditions for the entire shift. But foundry workers are paid extra for hazardous working conditions and are sent to retirement earlier.

Railway and subway employees and pilots are also at risk. This also includes:

• electricians;
• submariners;
• firefighters;
• ambulance workers;
• builders, etc.

In fact, these professions require constant concentration and vigilance.

Military personnel, nuclear power workers, and miners are constantly exposed to mortal danger. Therefore, their working conditions can be considered one of the most dangerous, since disaster can happen at any moment. And their lives depend on dexterity, ingenuity, professionalism and attentiveness.

Management and team

Working conditions may also depend on superiors and colleagues. We often hear phrases such as: “It’s impossible to work with them in such conditions!” What does this mean? For example, the boss demands a report. The workers compile it competently and on time. In fact, there is nothing to complain about.

But the manager doesn’t like the whole document because he’s in a bad mood. Accordingly, it is difficult for workers to work in such conditions. But if the boss is always good mood, is adequate, then everyone’s work will proceed smoothly.

Thus, working conditions are the entire characteristic of activity in a particular profession that requires the fulfillment of certain requirements.