How to apply for a permanent employment contract?

According to the law, any labor relations between the employer and the employee must be executed in writing. This applies to those employers who are a legal entity or act as an individual entrepreneur. Urgent and perpetual employment contracts are two forms that establish the rights and obligations of the employer and employee. For the conclusion of each specific type of document there are grounds stipulated in the Labor Code. However, in practice, most employers prefer to make contracts that are limited to a certain period. As arguments, a seasonal or temporary nature of work, as well as other equally valid reasons, is often used.

All participants of labor relations should know that there is a specific list of situations that may be grounds for processing a fixed-term contract. This order is marked in the TC. In other cases, the employment contract must be concluded indefinitely.

Definition and types

The employment contract refers to the type of bilateral agreement between the employer and the employee, which describes all their duties and rights.

Based on whether the validity period of the document is specified, it is urgent (STD) or unlimited (BTC). Unlike STD, it is necessary to observe more conditions to terminate an indefinite contract. Employee or employer should be an initiative and indicate the reasons that affected the severance of labor relations (their list is stipulated in the Labor Code of the Russian Federation). That is, one-sided cancellation is impossible.

The specificity of an indefinite employment contract (BTC)

TC RF contains a list of features inherent in an indefinite contract. This document does not specify the expiration date. This means that if the parties have no claims to each other and do not change the terms of the contract, it remains valid for as long as necessary.

In addition, when concluding an indefinite employment contract, the parties describe their duties in more detail, and with time the requirements can be changed.

Legitimate grounds that give the right to conclude an employment contract indefinitely are:

• Desire expressed by both parties.
• The constant need of the enterprise in this employee.
• The right to formalize the employment relationship in this way. This applies to adults and legal persons.

If it is a question of employment of a fourteen-year-old teenager who has not given the consent of the parents or the guardian, then there are no grounds for concluding an unlimited contract of employment.

How to conclude an unlimited contract: the sequence of registration

The process of drawing up and processing a perpetual employment contract includes the following stages:

• Preparation of documents on the basis of which the graphs of the agreement will be filled (here passports, work books, diplomas and certificates of education received, SNILS).
• Development and drawing up of the document.
• Coordination, the signing of the contract by the employer and the employee.

For the drafting of an employment contract, the following materials may be required:

• The document proving the identity of the employee (passport, residence permit).
• Proof of the qualification of the employee, indicating his ability to perform this work function (diploma, work permit, certificate of completion of courses).
• Employment history. In the event that the employee does not have this document, that is, the enterprise is for him the first official workplace, it is the employer's responsibility to issue him a work book.
• Certificate of a person's pension insurance.
• Military ID.
• Identification number (refers to non-binding documents).

Sometimes an employee can make an indefinite labor contract only if additional documents are available. For example, when working with food, the applicant must provide a certificate of medical examination, employment of minors is impossible without the written consent of the parents or guardian, and if you want to take a position in the state structure you will need a document certifying the absence of criminal records. You may also need help on the composition of the family, from a psychoneurological or drug dispensary. If the employer requires these documents legally, the employee may not refuse to provide them.

An indefinite contract enters into force from the day when the employee of an enterprise begins to fulfill his labor duties. The law does not establish a clear form for such a document.

The employment contract is unlimited: sample and structure

Often, for the drafting of employment contracts, HR staff use samples that are freely available. If necessary, they are adjusted in accordance with the specifics of the specific enterprise.

Despite the fact that it is not difficult to choose a model of an indefinite contract, its content should be checked. The document should be drawn up taking into account all legislative norms.

The general structure and order of the items are as follows:

1. Subject of the contract. Here they describe the essence of the position of the employee.
2. The period on which the agreement is concluded. The presence of this item underscores the indefinite nature of the treaty.
3. Description of the rights and duties of the employee.
4. Rights and obligations of the employer.
5. List of competences and guarantees of the agreement. This is indicated by hypothetical unforeseen situations (industrial accidents, bankruptcy of the enterprise and others), as well as benefits and guarantees that will be provided in case of their implementation.
6. Schedule of working hours and rest time (number of working and weekend days, lunch break, vacation).

In the event that an employee is recruited with a probationary period, this must necessarily be spelled out in the document. The placement of this information is left to the discretion of the author: you can form a separate item or include in the schedule of work and leisure.

The photo below shows a universal example of an indefinite contract.

The legal force of the document is not lost if there are misprints and / or typos. Only the absence of any mandatory requisites can lead to the fact that it will be invalidated (date, signature, stamp).

Transfer of an employee from a contract to BTC

Quite often an employee of an enterprise who was hired for a certain period of time shows a desire to stay in the company for a long time. With the consent of the employer, it is possible to transfer the fixed-term contract to an indefinite one.

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

How to change the terms of a contract

If the employer is not going to continue cooperation with the subordinate, he must notify him of the forthcoming dismissal three days before the final date of the fixed-term contract. The simplest way is to transfer an employee from a fixed-term contract to a permanent contract, ignoring the termination of the concluded agreement.

An urgent labor contract becomes perpetual, if the period of its operation is over, but the employee continues to perform his functions at the enterprise. That is, the employment relationship has not actually changed.

In this case, the time limits indicated in the document have lost their meaning, which is the reason for considering the contract unlimited.

Termination of the contract

It should be clarified that fixed-term contracts can not be terminated automatically. This procedure provides for the entry of appropriate records in the work books, the issuance of the dismissal order, and also the calculation with the employee.

When an indefinite contract entered into force when the rules for the termination of the contract are not observed, the employee must be recognized as a full member of the collective of the enterprise. All rights and privileges are available to him, and compensation and rewards are to be paid.

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

If the fixed-term contract is not urgent

The date that determines the completion of the period of cooperation between the employer and the employee is an integral condition of the contracts. Only an unlimited contract does not contain this information.

In a situation in which the final date of the contract has remained open (the employer is not specified), and there is also no condition on the urgent nature of the work, the compiled document can be recognized by the BTC.

The dismissal of an employee who works under such a contract, because of the termination of the contract is illegal. To protect his rightness, he may well go to court.

If the claims of the plaintiff are recognized as lawful, the result will be recognition of the employment contract as perpetual and restoration of the dismissed employee at the former workplace. Returning to the enterprise, the employee can count on the payment of wages for those days when he could not work. In addition, the employer will have to compensate him for moral damage.

Is it possible to repeatedly renew a fixed-term contract

Heads of many enterprises often resort to the practice of renewing urgent contracts to perform the same work. This method is considered to be a violation of the law.

To sign a new agreement is allowed only in the event that the validity of the previous one is over, but the task remained unresolved or the task was not performed.

When the employee who was accepted on temporary grounds actually became permanent, the unlimited term of the contract (renewed STD) can be recognized in court.

What is an additional agreement

In the absence of misunderstandings and claims between the employer and the employee, their general decision to continue cooperation serves as the basis for changing the terms of the fixed-term contract. This is possible by means of an additional agreement.

This document indicates the reason that served as the basis for changing the status of the employee. The point that the contract is now considered an unlimited contract is an obligatory element of the supplementary agreement. The conclusion of this document is possible only after the employee has expressed his consent in writing.

The procedure for drawing up an additional agreement is dictated by the RF TC. His text should include the phrase that from the moment the concluded earlier fixed-term contract should be regarded as perpetual. New conditions of labor relations can also be prescribed in the agreement.

BTC can not become a contract

When transferring an employee to another position, the employer must issue an order for transfer. Along with this, a new record appears in the workbook.

Changing the type of contract (from urgent to perpetual) can not be regarded as a change of position, because the type and amount of transfers to funds, as well as the accounting of working hours remain the same.

The peculiarity of a permanent labor agreement is the impossibility of its reverse transformation. This means that if the contract is concluded indefinitely, the employer has no right to establish any time frame for its operation.

Employees who have been illegally dismissed allegedly because of the completion of the contract, can restore their rights in court. After the investigation, verification of documents and clarification of the true state of affairs, the claim can be satisfied. The result will be the restoration of the employee in the position and the payment of the due compensation.

How to make an order to change the type of contract

The decision to transfer an employee from a contract to an unlimited contract is accompanied by the issuance of an appropriate order. Its author is the head himself, the employee of the personnel department or the personnel manager.

The content of the order confirms the legality of changing the type of employment contract.

In addition, the clauses of this document disclose the grounds for such actions (the contract was not renegotiated, the parties reached a mutual agreement, the employee received a written application). It is separately mentioned that the employee supports the implementation of these actions (there is his written confirmation or an additional agreement of the parties was drawn up).

The ordered order needs to be certified by the head. After that, for three days he is handed over to the employee. The document must be read, approved and signed by the employee.

In which cases can the head break the BTC?

In a number of situations that are listed by the RF TC, the head of the enterprise or a person authorized by him, can take advantage of the right to early termination of labor relations with an employee registered under the BTC:

• With a reduction in staff.
• In case of bankruptcy of the company.
• If the employee does not cope with the duties that include his position.
• In a systematic (more than twice a year) violation of the rules of discipline or corporate ethics.
• If the employee is late for more than three hours or left earlier (for the same time).
• If the employee was seen in the territory belonging to the enterprise, in a state of intoxication.
• With the temporary loss of a worker's ability to work, which led to his long absence (more than four months). Exception is made for those workers who are injured in the workplace.
• When the employee committed serious offenses: theft, vandalism.

What can be disadvantageous BTC

Employers avoid entering into perpetual contracts because of the appearance of additional obligations to employees and the state. From this position, the conclusion of this type of agreement has the following drawbacks:

1. If the expiry date of the contract is not specified, the employer does not have the opportunity to terminate the employment relationship with the employee. Dismissal must be based on legitimate reasons.
2. The employer must pay the employee the stipulated rewards, provide compensations and social guarantees (for example, release on maternity leave).

For employees of enterprises and organizations, work on an indefinite labor contract is more beneficial than under a temporary contract. True, the dissolution of the latter usually goes much easier and faster.

Termination of the STD acts as the legal basis for the dismissal of the employee. At the same time, being registered as a permanent employee, he is obliged to notify the company's management two weeks before the date of his last business day.

It should be noted that an indefinite labor contract is more convenient and universal, as it helps to optimize the process of regulating labor relations.