How to make the urgent employment contract termless?
in recent years, especially in connection with the crisis phenomena in economy and in production, employers (both large, and small) actively use such legal a form of labor relationship as the urgent employment contract. It also is clear; there is no sense to hold big staff of personnel when it is possible to employ part of workers “in connection with seasonal increase in output“, for a certain term; such formulation often is present at conditional part of the urgent employment contract (further - STD).
At the same time in the employment contract functional duties of the worker, location of the employer and the place of work, the main or additional employment, test (if it is established by agreement of the parties), terms of payment of work, the employer`s duty, the mode of working hours, questions of social insurance and providing, settlement of disputes, a condition of holiday and other questions make a reservation. The contract is formed in 2 - x the copies having identical validity - on one for each of the parties. The term for which it is possible to sign such contract cannot exceed 5 years.
Of course, within small article it is impossible to light all opportunities of right application of such norm as STD, but there are some features which the worker should know, especially, if his rights are violated.
of Normare considered by
of the Detail of the conclusion of the urgent employment contract of the employer with the worker in Art. 59 of the Labour code of the same name of the Russian Federation. However of practical value not only provisions of this act, but also nuances of their application are for the worker; and it is several of them.
• The urgent employment contract can be signed only in that case when the labor relations cannot be established for an indefinite term taking into account nature of the forthcoming work or conditions of its performance. At the same time the urgent employment contract signed for a certain term in the absence of the bases, sufficient to that, established by court (or the body authorized on it), is considered the prisoner for an indefinite term.
• If in the urgent employment contract the term of its action is not stipulated, then the contract is considered the prisoner for an indefinite term.
• If any of the parties did not demand cancellation of the urgent employment contract in connection with the expiration of contractual term, and the worker continues to fulfill the duties after the expiration of this term, then the employment contract is considered the prisoner for an indefinite term. Also truly and the fact that if at the time of the termination of term of the employment contract the employer did not declare to the worker his dismissal, the contract stops being urgent, that is becomes termless. I advise
of the Practician of application to
Before the conclusion of the urgent employment contract attentively to read its conditions regarding duties and the worker, and the employer.
So if the employer undertakes to provide insurance and payments in the Pension fund (that is required to the Labor Code of the Russian Federation), then it means that within a month have to issue you the policy of obligatory medical insurance, and still after a while and the policy of additional medical insurance if that is provided by policy of the employer; it is necessary to address for the policy in first-aid station of the employer. Absence (or refusal in delivery) the policy is the basis for a claim to the employer from the worker and can serve as additional argument in court.
According to St. 79 Labor Codes of the Russian Federation the urgent employment contract are dissolved with the expiration of its action what the worker has to be warned in writing, not less than in 3 days about to dismissal. That is, if you received (under a list) the notice of cancellation of the urgent employment contract in a day or in day of the termination of its term, this already serious violation which can be blamed of the employer, and any excuses that you were not at work (in connection with the days off) and lack of money for brands - envelopes - are not pertinent. The next day of your work at the enterprise after the termination of term of the urgent employment contract does the last termless, that is you acquire the equal rights with all employees including the right for a redundancy (with payments of a salary for several months).
There is a practice when the employer who is not satisfied with use of the worker for a certain term prolongs its powers, at the same time imposing the new urgent employment contract. Nuances are that here that it there is no sense to conclude; the contract signed originally if conditions did not change, became termless (for the worker it favourably, for the employer is not present). And if to you suggest to replace the old form on new with other expiration date of the urgent employment contract and to antedate - hundred times think, whether you should go on such “victims“ and “curtseys“ towards your chief … Here everyone solves itself not to mention that and it is serious violation of the legislation on work from the employer.
When filling biographical particulars (as a rule, employees of a human resources department begin “acquaintance“ to the worker with her) you can specify the rights for privileges in the Additional Data position (for example, single mother, presence of the child - the disabled person, participation in military operations, the status of the donor and other). Privileges give additional opportunities - days to holiday, the shortened working hours, unplanned holiday (for example, for veterans of military operations before the paid holiday it is not necessary to fulfill half a year at all), tax eases; there is a lot of such privileges.
As a rule, the companies respecting themselves in the urgent employment contract put point on a pre-judicial order of settlement of disputes with the worker by means of the council of labor collective (CLC). To the appeal to Labour inspectorate (in the location of the employer) and further in court on territoriality, you can use this point and file a reasonable written claim for settlement of labor “questions“. But know as well the fact that STK, as a rule, society under control to the employer, and you remember a saying “warned is protected“; in this case it is fair both for you, and for the employer whom you the claim devote in the plans.
Well and the last, according to contents, but not on sense. Polite and correct communication with the employer, knowledge of the rights regarding the labor legislation will cause to you respect more likely, than will frighten off. Though in our country still there is everyone … The ultimate truth is the district court in the location of the employer considering cases of restoration at work without payment of the state duty, and you are not deprived of an opportunity to appeal in case of need to it.
At a judgment in your advantage to you will pay also the compelled truancy. The main thing - to file a petition no later than monthly term from the date of obtaining the service record (it have to give out in day of dismissal under a list not later, and along with a roundabout leaf) and to competently reason the claims (the revealed violations) to the employer. And for this purpose in operating time you watch closely observance of provisions of the employment contract and fix violations; for this purpose all means are good - witnesses, originals of documents and even dictation records.
To a fir-tree on a game big money - everything makes sense, and courts often and fairly support “the little person“ on condition of his appropriate behavior on production.