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.
Contained in article 58 of the labour code provisions define, for what term could be an employment contract, namely:
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.
Recommended
Calculation and payment of sick leave
Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...
Employee certification for compliance with the post: purpose, procedure, result
Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...
Registration of vehicle: procedure, sample application, certificate
Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...
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:
In all other matters this agreement must comply with the General rules of registration of employment agreements and contain standard terms.
The Contract a certain period, called the term. As a rule, such contracts are concluded in the following cases:
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:
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:
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:
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:
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.
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:
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.
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.
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
HI: https://tostpost.com/hi/the-law/6118-58.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."
Related News
Definition, concept, structure and kinds of family legal relationship
Family is the main social unit of society. Its members have relative to each other rights and duties as prescribed in the laws of the country. Family relationships are called personal or property relations that appear between peop...
The Russian foreign intelligence: the description, composition and history
an External investigation of Russia today presented the foreign intelligence service of the Russian Federation. This is one of the key forces that ensure the safety of Russian citizens and the country from threats emanating from o...
How to find out, filmed with the car? The registration of vehicles in the traffic police
How to find out, filmed with the car? To understand this subject we have next. This question bothers many potential buyers and sellers of vehicles. After all, if the car is still standing on the account in traffic police, the owne...
What rights does a worker at downsizing
downsizing — it is a dismissal in connection with liquidation of the workplace, held according to certain rules. This procedure differs significantly from the simple termination of an employment contract that clearly interpr...
The concept and duration of the working day
the working day – run-time employee in their immediate work functions. In addition, the working applies the time at which the employee performs no duties but is payable on the basis of norms of the labour law (downtime cause...
Registration of a new car. The procedure and peculiarities
Register a new car at first glance it seems quite a daunting task, especially for a novice driver. Often, the owners use the help of intermediaries, however, if you understand the basics of this procedure, similar issues may...
Comments (0)
This article has no comment, be the first!