How to apply for an indefinite employment contract?

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2018-05-03 14:00:44

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According to the law, any employment relationship between the employer and the employee must be in writing. This applies to those employers that represent the legal person or act as an individual entrepreneur.perpetual TreatyUrgent and termless labour agreement - two forms, establishing the rights and obligations of the employer and the employee. For signing each particular document type exist the grounds stipulated in the Labour Code. In practice, however, most employers prefer to draft contracts limited to a certain period of time. As arguments is often seasonal or temporary work, as well as other good reasons.

All participants of labor relations should know that there is a specific list of situations that can be grounds for execution term of the contract. This order is noted in the TC. In other cases, must be signed employment contract indefinitely.

Definition and types

The Employment contract is called a bilateral agreement between employer and employee that describes all of their duties and rights.

Depending on whether you specify the duration of the composed document, it is urgent (STD) or indefinite (BTC). Unlike STD, you must comply with more conditions to terminate the indefinite contract. A worker or employer must be demonstrated initiative and the reasons that influenced the rupture of the employment relationship (the list specified in the labour code). That is, unilateral termination is not possible.

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The specificity of the indefinite employment contract (BTC)

The labour code contains a list of the identities of the indefinite contract. This document does not indicate the date of expiration. This means that if the parties do not have to each other claims and do not change the terms of the contract, it remains valid for as many years as necessary.

In addition, at the conclusion of the indefinite employment agreement, the parties are much more describe their duties, and with time the requirements can be changed.

The Legal grounds for granting the right to conclude an employment contract for an indefinite duration, are:

  • Desire, expressed by both parties.
  • Permanent needs of the enterprise this employee.
  • The Right to employment in this way. This applies to adults and legal capacity of people.

If we are talking about the employment of fourteen-year-old teenager, who has not submitted the consent of a parent or guardian, the grounds for entering into an indefinite contract of service no.labor contract indefinitely

How to conclude an indefinite agreement: the sequence of execution

The Process of drawing up and registration of an indefinite employment contract includes the following steps:

  • Preparation of documents on the basis of which will be filled in the column of the agreement (these include passport, employment record books, diplomas and certificates of education, SNILS).
  • Preparation and drafting of the document.
  • Approval and signing of the contract by the employer and the employee.

For the compilation of the contracts may require such materials:

  • Document an employee's identity (passport, residence permit).
  • Proof of qualifications, indicating ability to perform the function of labor (diploma, work permit, certificate of completion).
  • Employment history. In the case where the worker does not have this document, that is, the enterprise is his first official work site, the employer's obligation becomes to him the results of the work book.
  • Certificate of pension insurance.
  • Military ID.
  • ID number (applies to optional documents).

Sometimes a permanent contract employee may be concluded only in the presence of additional documents. For example, when working with food products, the applicant must provide a certificate of medical examination, employment of minors is forbidden without written consent of the parent or guardian, but if you want to take a position in the state structure will need proof of a clean criminal record. May be needed also the help of family members, psycho-neurological or drug addiction. If the employer requires these documents for legitimate reasons, the employee is not entitled to refuse to provide.

Open-ended contract comes into force from the day when the employee begins to perform their duties. The law does not establish a clear form for such a document.

Employment contract of indefinite duration: pattern and structure

Often for drawing up employment contracts HR staff use samples that are freely available. If necessary, correct them according to the specifics of a particular company.

Despite the fact that selecting the sample of the indefinite contract is a snap, its content, be sure to check it out. The document should be tailored to all regulations.

The General structure and order of items is as follows:

  1. The Subject of the contract. Here describe the essence of the employee's position.
  2. The Period for which sign the agreement. This paragraph emphasizes the perpetuityagreement.
  3. A Description of the rights and duties of employee.
  4. The Rights and obligations of the employer.
  5. The List of competencies and guarantees of the agreement. This is a hypothetical emergency situation (accidents at work, bankruptcy and other), as well as incentives and guarantees that will be provided in case of their implementation.
  6. Schedule work hours and rest time (the number of workers and days off, lunch break, vacation).

In the case where the employee accept a job with the availability of the probationary period must be spelled out in the document. Posting this information is left to the discretion of the author: it is possible to form a separate item or include in schedule of work and rest.

The photo below shows a generic sample of contracts with unspecified term.work on open-ended employment contract

The Legal effect of the document is not lost in the presence of misprints and/or typographical errors. Only the absence of any mandatory details can lead to the fact that it will be invalidated (date, signature, seal).

Transfer of the employee from the contract for BTC

Quite often, the employee who has been employed for a certain time, evinces a desire to stay in the company for a long time. With the consent of the employer can be translated fixed-term contract indefinite.

In some cases, this procedure can be performed even if there are objections on the part of the employer.

How to change the conditions of the contract

If the employer is not going to continue to cooperate with subordinates, he is obliged to notify it of the impending resignation three days before the end date of the fixed-term contract. Most simply the transfer of an employee with a fixed-term contract to a permanent contract is carried out, ignoring the termination of the agreement.

Fixed-term contract becomes indefinite if the period of validity has ended, but the employee continues to perform their functions in the company. That is, the employment relationship has not changed.

In this case, the time limitations specified in the document lost the sense that was the reason in order to be considered a contract of indefinite duration.

Termination

It Should be clarified that derivatives contracts can't be terminated in an automatic manner. This procedure involves making the appropriate entries in the work book, the publication of the order of dismissal and settlement with the employee.

When an indefinite contract is in force failure to comply with the rules of the contract termination, the worker must be recognized as a full member of the collective enterprise. Are available for him all rights and privileges and are entitled to compensation and rewards.
an urgent and permanent tenure

To dismiss such an employee, the employer should rely on the conventional grounds specified in the TC.

If a fixed-term appointment is not urgent

Date that defines the end of the period of cooperation between employer and employee is an essential condition of the contract. Only open-ended contract does not contain this information.

In a situation where the end date of the contract is left open (not employer provided), and there is no condition about urgent character of the work, the document can be recognized as BTC.

The dismissal of the employee working under this agreement, which by reason of completion of the contract is illegal. To protect his innocence, he may apply to the court.
sample perpetual contracts

If the claims of the plaintiff will be recognized as lawful, would result in the recognition of employment contract of indefinite duration and the restoration of the dismissed worker at the same workplace. Back on the enterprise, the employee can count on the payment of wages for the days when he could not work. In addition, the employer will be forced to compensate him for moral damage.

Whether it is Possible to repeatedly renew a fixed-term contract

The Leaders of many enterprises often resort to the practice of renewing fixed-term contracts to perform the same work. This technique is considered a violation of the law.

To Sign a new contract is allowed only in the case where the previous ended, but the problem remained unresolved or the job failed.

When a worker who took on temporary basis, has actually become a permanent, perpetual agreement (renegotiated STD) can be recognized in court.

What is a supplementary agreement

In the absence of confusion and claims between employer and employee in their shared decision about the continuation of cooperation is the basis for changing the conditions of the term contract. This is possible through the preparation of additional agreements.

This document specifies the reasons for changing the status of the employee. The point that now the contract is considered an indefinite contract is a compulsory element of the supplementary agreement. The conclusion of this document is possible only after the employee would evince its consent in writing.

The Order of compilation of the supplementary agreement dictates of the labour code. The text should include the phrase that since the specified moment the prisonerpreviously fixed-term contract should be regarded as indefinite. New conditions the employment relationship can also be spelled out in the agreement.

BTC cannot be the contract

When transferring the employee to another position, the employer should issue the transfer order. Along with this, in the workbook there is a new record.

Change type of contract (indefinite term) can not be regarded as the change of position, because the type and size of transfers to the funds, as well as recording of working time remain the same.

Feature postojannogo of the employment agreement is that it can reverse the transformation. This means that if the agreement is concluded for an indefinite duration, the employer has no right to set any time frame for its actions.

Employees subjected to wrongful termination allegedly due to the completion of the contract, may recover their rights in court. After some investigation, verification of documents and ascertaining the true state of Affairs, the claim can be satisfied. The result will be the reinstatement of the employee in the position and payment of the prescribed compensation.

How to make an order on changing the contract

The decision on the transfer of an employee from contract to indefinite contract is accompanied by the publication of the relevant order. Its author is himself a Director, officer HR Department or managing personnel.

The content of the order approves the legality of the change of the employment contract.

In addition, paragraphs reveal the reasons for such action (the contract was not renegotiated, the parties came to a mutual agreement, the employee received a written statement). In this case it also refers to the fact that the employee supports the implementation of the specified actions (its written confirmation or written additional agreement of the parties).

Filed order needs to assurance supervisor. Then for three days it is passed to the employee. The document must be read, approved and signed by the employee.

In some cases, the head can break BTC

In some situations, listed the labour code, the Director or a person authorised by him may exercise the right of early termination of the employment relationship with the employee, decorated in BTC:

  • When downsizing.
  • In the case of bankruptcy of the company.
  • If the employee is unable to cope with the responsibilities that include it the post.
  • The systematic (more than twice) violation of the rules of discipline or corporate ethics.
  • If an employee was late more than three hours, or left early (the same time).
  • If the employee was seen on territory belonging to the enterprise, in a drunken state.the recognition of employment contract open-ended
  • When the temporary disability of the employee which led to his prolonged absence (over four months). The exception is for those employees who are injured in the workplace.
  • In the Commission by the employee of serious misconduct: theft, vandalism.

What may be disadvantageous BTC

The employer can avoid the conclusion of perpetual agreements due to the emergence of additional obligations to the workers and the government. From this position the conclusion of this type of arrangement has the following disadvantages:

  1. If not specified, the expiration of the contract, the employer has no possibility to terminate the employment relationship with the employee. The dismissal must be based on legitimate reasons.
  2. The Employer must pay the employee under the promotion, to provide compensation and social guarantees (for example, to go on maternity leave).

perpetual Treaty

For employees of enterprises and organizations working on open-ended employment contract is more advantageous than a temporary contract. However, withdrawal usually goes much easier and faster.

The termination of the STD provides a legitimate basis for dismissal. However, being decorated as a permanent employee, he is obliged to inform the management of the company two weeks before the date of his last working day.

It Should be noted that a permanent contract is more convenient and versatile, as it helps to optimize the process of regulation of labor relations.


Article in other languages:

AR: https://tostpost.com/ar/the-law/11186-how-to-apply-for-an-indefinite-employment-contract.html

BE: https://tostpost.com/be/zakon/20031-yak-aform-c-besterm-novy-praco-ny-dagavor.html

DE: https://tostpost.com/de/das-gesetz/20037-wie-sie-einen-unbefristeten-arbeits-vertrag.html

ES: https://tostpost.com/es/la-ley/20056-c-mo-presentar-un-trabajo-indefinido-contrato.html

HI: https://tostpost.com/hi/the-law/11193-how-to-apply-for-an-indefinite-employment-contract.html

JA: https://tostpost.com/ja/the-law/11193-how-to-apply-for-an-indefinite-employment-contract.html

KK: https://tostpost.com/kk/za/20028-kak-oformit-trudovoy-merz-ms-z.html

PL: https://tostpost.com/pl/prawo/20002-jak-zmieni-pracy-bezterminowy-kontrakt.html

PT: https://tostpost.com/pt/a-lei/20000-como-fazer-o-trabalho-por-um-per-odo-ilimitado-de-contrato.html

TR: https://tostpost.com/tr/hukuk/20034-y-r-tmek-i-belirsiz-s-zle-me.html

UK: https://tostpost.com/uk/zakon/20023-yak-oformiti-bezstrokoviy-trudoviy-dogov-r.html

ZH: https://tostpost.com/zh/the-law/11951-how-to-apply-for-an-indefinite-employment-contract.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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