For what period of time could be an employment contract? Article 58 of the labour code "the labour contract"

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2018-04-01 21:03:18

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Relevant laws and Regulations, the employer establishes the need to sign an employment agreement with each recruited employee. Properly this document is issued, whether between the parties in the future to be any misunderstandings and problems. The conclusion of the employment agreement provides for a number of important nuances, among which, in particular, includes the period of time for which the agreement is concluded. So, let us consider the question of how long may be the contract of employment.

The Terms of the employment contract

for how long may be the contract of employment

Contained in article 58 of the labour code provisions define, for what term could be an employment contract, namely:

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

In case, if the contract has not been stipulated period of its validity, we must assume that it was concluded for an indefinite period. In a situation when none of the parties has put forward a requirement to make termination of the contract due to the fact that the period has expired and the employee continues to maintain his career, the condition of urgency of the contract expires and the agreement is automatically considered to be decorated for an indefinite period of time.

The conclusion of the employment contract term type is carried out solely in the manner and cases prescribed by article 59 of the LC RF. For more information on what is term of fixed-term employment contract will be explained below.

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A Contract for an indefinite term

how long is a term employment contract

In Considering how the term may be an employment contract, it should be emphasized that the labor contract, draws up indefinitely is the most common type of employment contracts. This situation is caused by the fact that the vast majority of types of modern labour activities with a high degree of efficiency to be governed by the standard provisions of this contract.

If you assume the contract is issued for an indefinite period, that it should contain provisions like:

  • The conditions under which the contract may be terminated;
  • Immediate order and required conditions of termination;
  • Time intervals during which the parties shall be notified of the termination of the contract;
  • The procedure and conditions of calculation of employee final payments.
  • The order of the reception/transmission mattsennosti (if necessary);
  • The order of submission of reports (if necessary).

In all other matters this agreement must comply with the General rules of registration of employment agreements and contain standard terms.

Contract for a specified period

for how long can be an employment contract with an employee

The Contract a certain period, called the term. As a rule, such contracts are concluded in the following cases:

  • This is necessary due to the nature of work and specific conditions for its implementation;
  • It is stipulated in the relevant agreement concluded between the parties.

Examining the question of how long could be an employment contract with an employee, it should be noted that the labour law sets out an exhaustive list of grounds involving the conclusion of a fixed-term contract. The verdict fixed in article 58 TK the provisions of the employment contract, for a fixed term without any sufficient reason, should be regarded as furnished for an indefinite period.

In practice, the most common of the above reasons are the conclusion of agreements:

  • For the period of performing work duties of an employee who is absent, but the place which is preserved;
  • Having temporary and lasts no longer than two months;
  • The work is seasonal;
  • Heads, deputies and chief accountants;
  • At work, involving the combination;
  • Working pensioners.

The Expiration of a fixed-term contract

How is enshrined in article 79 of the labour code provisions, the employment contract of an urgent nature shall be terminated after the period of its validity. On the occurrence of this event, the employee must be informed of the special written notice, which shall be sent by the employer three days prior to future layoffs.

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

  • Contract the period of performance of any particular work, it stops after the mentioned work will be completed;
  • A contract concluded for the period of performance of duties of an employee who is not terminated, after the latter again starts to his duties;
  • A contract concluded for the period of seasonal stops at the end of the said period.

Employment contract for a trial period

for how long can be an employment contract onprobation

In Considering how the term may be an employment contract for a trial period, it should be noted that the labour legislation does not provide specific rules under which a worker must be employed, involving a probationary period.

This right is delegated to the employer and, accordingly, are subject to various regulations, local orders for personnel, staffing, etc. mainly for work with a trial period is practiced in various state and municipal organizations. In organizations, the commercial orientation probationary period applies generally to employees who do not have experience in the specialty.

It Should be noted that the standard employment contract with a probation period must contain the following necessary conditions:

  • The duration of the probationary period;
  • Procedure test;
  • Terms of payment of work in the period;
  • The conditions and procedure for termination of the contract by reason of failure of probation.

Employment contract with the head

for how long can be an employment contract with the head

Considering the peculiarities of registration of employment contracts, you should pay attention to this question: for what period of time could be an employment contract with the head of the institution?

The Provisions of the labour and civil legislation allowed the possibility of concluding with the head as a fixed-term employment contract and contract for an indefinite period.

Fixed-term employment contract is concluded in case if the constituent documents of the organization fixed the term of office of a Director. In addition, fixed-term contract may be concluded in these cases:

  • In the decision on the appointment or election of the party on the position of the head provides for the term of this appointment;
  • There is an agreement between the organization and its leader, concluded a certain period.

Exploring the question of how long could be an employment contract with the head, you need to keep in mind that since, in accordance with legal provisions (article 58 of CC) duration of term of the agreement cannot be more than five years, respectively, the period of the Director's powers may not last longer than the specified period.

Collective bargaining agreement

what is term of a collective bargaining agreement

To investigate the question of how long could be an employment contract, it is necessary to mention the concept of collective agreement. The legislation would define the document as entered into by the employer and the employees (through their representatives) a normative act, by which the regulation of social-labor relations in the organization.

The Parties will define the structure of the collective agreement and its contents, which included, in particular, such issues as:

  • Forms, system and amounts of labour remuneration;
  • Work time and rest time;
  • Guarantees and benefits to employees;
  • Other issues stipulated by the parties.

The Legislative provisions (article 43 CC) of the set, what is term of a collective bargaining agreement. According to these provisions, a collective contract may be concluded for a period whose duration does not exceed three years. The collective agreement comes in force after the parties have signed it, or the time stated in the collective agreement.

Employment contract in the Railways

for how long may be the contract of employment in Railways

Speaking about which period may be an employment contract in the Railways, you need to understand that labor relations in the Railways are governed by the provisions of the current labour legislation. Accordingly, the employment contracts with managerial and rank and file employees of this organization shall be in accordance with the provisions of article 58 taking into account the specifics of direct labor activities of an employee.

Insights

So, based on the foregoing, it can be stated that in most standard employment contracts are concluded for an indefinite period. Making labour contracts for a specific period may be made only on the grounds defined by the labour laws. Thus, ironically, if the employment contract period and grounds for the imposition of such a deadline is not specified, then the contract is regarded as concluded for an indefinite period of time.


Article in other languages:

AR: https://tostpost.com/ar/the-law/6114-58.html

BE: https://tostpost.com/be/zakon/10893-na-yak-term-n-mozha-zaklyuchacca-praco-ny-dagavor-artykul-58-tk-rf-ter.html

DE: https://tostpost.com/de/das-gesetz/10897-wie-lange-kann-es-sein-arbeitsvertrag-artikel-58-arbgb-befristung-des-.html

ES: https://tostpost.com/es/la-ley/10901-en-qu-plazo-puede-ser-un-contrato-de-trabajo-el-art-culo-58-del-c-digo.html

HI: https://tostpost.com/hi/the-law/6118-58.html

JA: https://tostpost.com/ja/the-law/6116-58.html

KK: https://tostpost.com/kk/za/10894-anday-merz-mge-zhasaluy-m-mk-n-58-bap-tk-rf-e-bek-shartyny-merz-m.html

PL: https://tostpost.com/pl/prawo/10890-na-jaki-okres-mo-e-by-umowa-o-prac-artyku-58-kodeksu-pracy-federacji-r.html

PT: https://tostpost.com/pt/a-lei/10886-qual-a-dura-o-pode-ser-de-contrato-de-trabalho-artigo-58-tc-da-federa-.html

TR: https://tostpost.com/tr/hukuk/10899-ne-kadar-yalan-olabilir-i-s-zle-mesi-madde-58-tk-rf-s-reli-i-s-zle-mes.html

UK: https://tostpost.com/uk/zakon/10893-na-yakiy-strok-mozhe-ukladatisya-trudoviy-dogov-r-stattya-58-tk-rf-str.html

ZH: https://tostpost.com/zh/the-law/6674-58.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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