Entry in the work book when concluding a fixed-term employment contract

What does an entry in the employment contract look like for a fixed-term employment contract?

If a person gets a job for an unlimited period, then problems with the wording of records usually do not arise.
It’s another matter when it is necessary to reflect a fixed-term employment contract in the work book; even experienced specialists do not always have a clear understanding of this. IMPORTANT!

Until now, when filling out books, we were guided by the rules approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003, and the instructions approved by Decree of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003. From 09/01/2021 the documents will no longer be valid. From this date, the procedure approved by Order of the Ministry of Labor of Russia No. 320n dated May 19, 2021 comes into force.

The essence of a contract that is concluded for a certain period is that its validity will automatically end after a set time. In this regard, misunderstandings arise in filling out work activity accounting documents.

If an agreement is concluded for a limited period on the grounds specified in Art. 59 of the Labor Code of the Russian Federation, for example, when an employee goes on maternity leave or a specialist leaves on a long business trip, it is mandatory to fill out. The employer is required to make an entry in the book when hiring an employee who has worked for him for at least 5 days (part 2 of article 66 of the Labor Code of the Russian Federation, clause 2 of the procedure approved by order of the Ministry of Labor of Russia No. 320n dated May 19, 2021).

O is placed on the basis of the employment order (part 1 of article 68 of the Labor Code of the Russian Federation, clause 9 of the order). The order notes two dates - from what and for what period the person holds the position. The information in the book must be verified with the information noted in the order, except for the indication of the term of the contract. There is no need to indicate urgency in the book.

This is how the administrative part of the order is composed:

IMPORTANT!

The book does not reflect the term of the contract (letter of Rostrud dated 04/06/2010 No. 937-6-1). The wording on employment does not differ by type of contract. The only difference is when filling out the dismissal column.

When entering data into the “Job Information” section, you should focus on the following structure (Section 3 of the order):

• First, in column 3, write the title: full and abbreviated name of the institution (paragraph 1 of clause 10 of the order). The remaining entries are made under the heading;
• column 1 - serial number of the entry;
• Column 2 - date of employment (Arabic numerals);
• Column 3 - a record of an employee’s acceptance into a specific department, division, indicating his position and profession;
• Column 4 - number and date of the order on the basis of which the person was hired by the company.

When applying for a position, the seal of the organization is not affixed.

ConsultantPlus experts discussed how to hire someone under a fixed-term employment contract. Use these instructions for free.

Application procedure

Making an entry in the book is regulated by Article 65 of the Labor Code of the Russian Federation.

It is paid within the first 5 days after the citizen takes office.

An employment contract is prepared in advance, which sets the validity period.

Next, an order is issued, which indicates only the date of acceptance of the employee and the unit into which he is accepted. It should not indicate here that he is accepted under a fixed-term employment contract.

IMPORTANT: The entries in the book must exactly correspond to the information specified in the employment order.

First of all, the column with the serial number is filled in . It must be one more than the one corresponding to the previous entry.

The next column contains information about the date when the employee began work duties. The date is entered in Arabic numerals .

The column is divided into three columns for separate recording of the day, month and year. The day and month are written with two digits, and the year with four. It is not permissible to put dots or write letters in these columns.

REFERENCE: The date indicated in the employment (dismissal) record may not coincide with the moment the entry was made in the book .

The third column indicates the fact of hiring with the name of the position and department. For example, they formulate: “Hired as a teacher of additional education in the department of the Lisichka theater studio.”

If there are no divisions, the structure that is regulated for official records is indicated. For example, an individual entrepreneur has the right to indicate the name of an organization, retail outlet, etc. as a subdivision.

In the fourth column, reference is made to the order on the basis of which the person began work. That is, complete information is provided about the order on the basis of which the entry is made (about a fixed-term employment contract). After the name of the document “Order”, enter its number and the date of its release.

Only the employer represented by:

• individual entrepreneur;
• manager;
• an authorized person from among the employees appointed by order.

The entry is endorsed by the person who entered information about the work, the signature is deciphered by the surname.

When entering information about employment, a stamp is not affixed.

Sample entry in the work book about a fixed-term employment contract:

Entry in the work book when the employment contract expired

Since the fixed-term contract predetermines its completion date, the employer has the right to terminate it without additional statements from the employee. Here's the algorithm for how it's done:

• management is obliged to notify the conscript about the end of the contract 3 days before the specified date;
• when hour “X” arrives, the director issues an order to terminate it due to the end of the validity period;
• makes an entry in the labor report about work under a fixed-term dismissal agreement.

This is what the content of the main part of the dismissal order looks like:

The procedure for making an entry about the termination of a contract is identical to how it is done when hiring (clause 15 of the procedure). The only difference is the basis for termination of activity. The entry is made on the basis of paragraph 2 of Article 84.1 of the Labor Code of the Russian Federation and paragraph 17 of the procedure with reference to paragraph 2 of Part 1 of Art. 77 Labor Code of the Russian Federation.

Even with a fixed-term contract, circumstances sometimes change and termination occurs early, for example, at the initiative of the employee or employer. If this happens, it is necessary to provide a link to the relevant provisions of the Labor Code of the Russian Federation (clauses 18-24 of the order).

The mark is certified by the seal and signature of the responsible person and the employee himself. On the day of dismissal, the completed book is handed over (clause 36 of the procedure).

The procedure for indicating information about dismissal

Dismissal is governed by the norms of the contract, which loses legal force on the day appointed upon its conclusion.
If we are talking about a deputy, it is due to the departure of the main employee. Its early termination is also allowed, at the initiative of one of the counterparties.

Before filling out the employment form, a dismissal order is drawn up. The date of dismissal must coincide with the information entered in the book and the day of termination of the contract specified at its conclusion.

If a deputy was accepted, then the order indicates the reason: “in connection with the release of Ivanova I.I.” In this case, the day of departure of the deputy must be indicated as the day preceding the departure of the main employee.

Entering information according to the regulations

There is no longer any need to indicate the company name. The serial number following the previous one is immediately placed. Next, using a similar principle, the date of dismissal corresponding to the last working day is entered.

The information about the work indicates the basic wording, which should reflect the norms for terminating the employment relationship for fixed-term contracts.

The wording provides the following entry: “Dismissed due to termination of the employment contract”, followed by a mandatory reference to legal norms: “based on paragraph 2 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Abbreviations such as the Labor Code of the Russian Federation are not allowed in the name of a legislative document.

If termination occurs early, other articles of legislation are indicated, according to the initiative taken by the employee or employer. Then the norms for entering information will not differ in any way from permanent, open-ended employment relationships.

After making an entry, the visa of the employer (IP) or the authorized person who made the entry is issued.

At the same time, his position and surname with initials are entered. When transferring the document into the hands of the owner, he also puts his signature a line lower than the person responsible for entering the information.

After the entered data is certified by the signature of an authorized employee, a stamp is affixed. Here, a round seal of the organization is used, which cannot be replaced with a personnel seal.

Its location must comply with basic standards:

1. horizontally - in the middle of the sheet;
2. vertically – two lines below the employer’s signature.

The completed document is issued personally to the resigning temporary worker on the last working day. Information about the issue must be entered in the issue journal, signed by the responsible person and the owner of the document.

An example of making a notice of dismissal under a fixed-term employment contract:

How to enter data into e-books

Since last year, all changes in the company’s staff have been entered into a special reporting form SZV-TD, which is submitted to the Pension Fund of Russia. The form and procedure for filling it out are established by Resolution of the Pension Fund Board of December 25, 2019 No. 730P.

Registration of a new employee with a digital book proceeds according to the standard scheme. The following information must be entered into the SZV-TD report:

• about the organization in which the person is employed;
• about the employee: full name, date of birth, SNILS, position;
• about changes in work activities: about employment or termination of a contract;
• basis - details of the order, contract, etc.

All this information is accumulated in the Pension Fund database. An extract is then provided from it, which is a digital version of a regular book. Upon termination of a contract, a person is given a STD-R certificate with information about the work.

Agreement termination mark

If other reasons do not influence early dismissal, information about dismissal is provided within the period specified in the contract. The established algorithm is also followed here:

1. The name of the organization is not included. Entering information about dismissal begins with a new serial number.
2. The second column also indicates the date of dismissal.
3. In the third - the fact of dismissal, indicating the reason and the corresponding article of the Labor Code of the Russian Federation.
4. The fourth contains the details of the dismissal order.

Grounds – link to the article of the Labor Code of the Russian Federation, entered without abbreviations.

The finished wording of the notice of dismissal, entered in the third column, will be as follows: “Dismiss due to termination of the employment contract, clause 1, part 2, article 77 of the Labor Code of the Russian Federation.”

Information is also entered by a person authorized to enter it in accordance with official regulations, or appointed by order. Upon completion of the entry, the specified person enters the following:

1. puts his signature;
2. indicates position, surname and initials.

If this is not a manager or an individual entrepreneur, then the manager’s signature is additionally affixed. The entry is sealed with a round seal of the organization.

Photo of what a sample entry in a work book looks like about hiring under a fixed-term employment contract, as well as about its termination:

Some organizations recruit employees for temporary employment. In such cases, the relationship between the employee and the employer is formalized by a fixed-term employment contract. Read our materials about how such a contract is concluded, whether a probationary period is needed, and how to correctly extend or terminate it with a pregnant employee.

Extend or renew a fixed-term employment contract.

We hired an employee under a fixed-term employment contract valid for two years for the duration of the duties of an employee on a long business trip abroad. But the duration of the business trip has increased. Is it possible to extend a fixed-term employment contract or is it better to enter into a new one?

The Labor Code does not provide for the extension of a fixed-term employment contract, with the exception of two cases:

• expiration of a fixed-term employment contract during a woman’s pregnancy, when the employer is obliged, upon her written application and upon provision of a medical certificate confirming the state of pregnancy, to extend the term of the employment contract until the end of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation);
• election of an employee through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract. Then a new employment contract may not be concluded. And in this case, the validity of a fixed-term employment contract with an employee is extended by agreement of the parties, concluded in writing, for a certain period (no more than five years) or for an indefinite period (Part 8 of Article 332 of the Labor Code of the Russian Federation).

As for the conclusion of a new fixed-term employment contract, in accordance with paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” when establishing during the trial the fact of multiple conclusions of fixed-term employment contracts for a short period for the fulfillment of one and of the same labor function, the court has the right, taking into account the circumstances of each case, to recognize the employment contract as concluded for an indefinite period.

There are several opinions on how to deal with such situations. Some experts believe that extending an employment contract for a new term is not allowed, and if the parties intend to continue the employment relationship after the expiration of the contract, they need to terminate the current employment contract and enter into a new one for the same or a different period.

On the other hand, the Labor Code, while establishing the possibility of making any changes to an employment contract (Article 72), does not specify whether it is fixed-term or indefinite. Rostrud also believes that before the expiration of the employment contract, changes can be made to it by drawing up and signing the appropriate agreement (see Letter dated October 31, 2007 No. 4413-6).

We adhere to the second point of view - it is permissible to extend a fixed-term employment contract in certain circumstances, for example, when an employee was hired to perform a clearly defined job and its completion cannot be determined by a specific date, or when an absent employee, whose job is retained, is unable to return to fixed time. But the contract can be extended for no more than five years (Article 58 of the Labor Code of the Russian Federation). Otherwise, a new agreement must be concluded.

In the situation described in the question, you can enter into an additional agreement, but it is more advisable not to extend the validity period of the contract, but to change the condition on its validity period to the following: “The contract is concluded for the duration of the performance of the duties of an absent employee, for whom, in accordance with labor legislation, a position is retained work."

Fixed-term contract

As noted above, when an employee gets a job, the personnel service makes a record of employment in his work book. In this case, an employment contract is concluded with the employee. However, the type of contract concluded may be different. For example, it can be urgent or indefinite. This means that you should also understand whether the entries in work books will differ when concluding different types of employment contracts.

Important! A fixed-term employment contract is an agreement between an employee and an employer, which is concluded for a fairly short period. Typically, the term of such an agreement does not exceed 5 years.

A fixed-term contract can be used when hiring a temporary employee for the period of replacing an absent employee. For example, an employee is on leave for employment or child care. In this case, the employer knows the timing of the return of the main employee, so he can determine the duration of the employment contract.

In addition, fixed-term contracts are also concluded when hiring seasonal workers for a certain period of time. In this case, the contract clearly states the reason for this nature of the work. An order for hiring and making an entry in the work book is issued on the basis of a contract. The employment form is filled out taking into account the fact that the employee is hired not part-time, but full-time.