Provisions of the current legislation forThe employer establishes the need to sign a labor agreement with each employee employed. On how correctly this document is drawn up, it depends on whether there will be any misunderstandings and problems between the parties. The conclusion of the labor agreement provides for a number of important nuances, including, in particular, the period of time for which the said agreement is concluded. So, let's take a closer look at the question of how long a labor contract can be concluded.
Contained in Art. 58 of the RF TC provisions determine for how long a labor contract can be concluded, namely:
In the event that the contract did not stipulate a periodhis actions, it should be considered that he was concluded for an indefinite period. In a situation where neither party has put forward a requirement to terminate the contract due to the expiration of the contract and the employee continues to conduct his labor activity, the term of the contract terminates and the agreement is automatically deemed to have been issued for an indefinite period of time.
Conclusion of an urgent employment contractis carried out exclusively in the manner and in the cases provided for by the provisions of Art. 59 of the LC RF. More details on the term for a fixed-term employment contract will be described below.
Considering the question of how long theto conclude an employment contract, it is worth emphasizing that a labor contract, drawn up for an indefinite period, is the most common type of labor agreements. This situation is caused by the fact that the overwhelming majority of types of modern work activity can be regulated with a high degree of efficiency by the standard provisions of such a contract.
If it is assumed that the contract is made for an indefinite period, then it should contain such provisions as:
In all other respects, such an agreement must meet the general rules for the execution of employment contracts and contain standard conditions.
The contract, drawn up for a certain period of time, is called urgent. As a rule, such contracts are concluded in cases when:
Analyzing the question of how long canto conclude an employment contract with an employee, it should be noted that the labor legislation establishes an exhaustive list of the grounds for entering into a futures contract. As stated in the art. 58 of the Labor Code, an employment contract executed for a specific term without any sufficient reason for this, should be considered executed for an indefinite period.
In practice, the most common of the above reasons are the conclusion of contracts:
How to set enshrined in Art.79 of the Labor Code of the Russian Federation by provisions, the labor contract of an urgent nature shall be subject to termination after the expiration of its validity period. The employee must be informed about the occurrence of this event by a special written notice, which is sent by the employer three days before the next dismissal.
The legislation also defines such features of the expiration of the term contract as:
Considering the question of how longto conclude an employment contract for a probationary period, it should be noted that labor legislation does not provide specific rules according to which an employee must be employed for a probationary period.
This right has been delegated to the employer and,accordingly, it is regulated by various normative acts of a local nature - orders for personnel, staffing, etc. Basically, the recruitment of employees for probation is practiced in various state and municipal organizations. In commercial organizations, the probationary period is applied, as a rule, to employees who have no work experience in their specialty.
It should be noted that the standard labor contract for work with a probation period must contain such necessary conditions as:
Considering the features of registration of labor contracts, you should pay attention to this question: for how long can an employment contract be concluded with the head of the institution?
The provisions of labor and civil law allow the possibility of concluding with a manager both a fixed-term labor contract and an agreement for an indefinite period.
A fixed-term employment contract isif the constituent documents of the organization fixed the term of office of the head. In addition, a fixed-term contract may be concluded in such cases when:
Exploring the question of how long canto enter into an employment contract with a manager, it must be borne in mind that since, according to the legal provisions (Article 58 of the Labor Code), the duration of the term agreement cannot be more than five years, then, accordingly, the period of authority of the manager cannot last longer than the specified period.
Exploring the question of how long can beemployment contract, you need to mention such a thing as a collective agreement. The legislation will define this document as a normative act concluded by the employer and employees (through their representatives), through which regulation of social and labor legal relations in the organization is carried out.
The parties determine the structure of the collective agreement and its content, which includes, in particular, such issues as:
Legal provisions (Art.43 TC) establish the duration of a collective labor contract. In accordance with these provisions, a collective agreement may be concluded for a period whose duration does not exceed three years. The collective agreement enters into force from the moment when the parties sign it, or from the time specified in the collective agreement.
If we talk about how long canto conclude an employment contract in the Russian Railways, then you need to understand that labor relations in the Russian Railways are governed by the provisions of the current labor legislation. Accordingly, the conclusion of employment contracts with both managers and employees of this organization is carried out in accordance with the provisions of Art. 58 taking into account the specifics of the direct labor activity of an employee.
So, based on the foregoing, you canstate that the bulk of standard employment contracts are for an indefinite period. Registration of labor contracts for a specific period may be made solely on the grounds specified in the labor law provisions. Thus, if the time and grounds for establishing such a period are not specified in the employment contract, this contract is regarded as concluded for an indefinite period of time.
