All about whether an entry is made in the work book for a fixed-term employment contract. Sample document. Is an entry about a fixed-term employment contract made in the work book? An entry in the work book when concluding a contract

Filling out an employee’s work book is the direct responsibility of the employer, as required by the provisions of Art. 66 Labor Code of the Russian Federation. We will consider below how records are made for employees under fixed-term contracts.

Regulatory documents and effect of regulations

The requirements for maintaining work books and the wording of entries made in the document, as well as the rules for filling out, handling, and storing work books are regulated by the provisions of three regulatory documents:

• Labor Code of the Russian Federation (Article 66);
• “Instructions for filling out work books” (Resolution of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003);
• “Rules for maintaining and storing work books” (approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003).

How should the entry in the employment contract be formulated for a fixed-term employment contract?

The norms of Article 66 of the Labor Code of the Russian Federation oblige the employer to enter information into the work book about the hiring, relocation and dismissal of employees, classifying in this category persons who are in labor relations of any form with the employer, with the exception of this type of labor relationship as part-time employment. And if the content of the records in the labor report on the hiring and dismissal of an employee working under an open-ended contract, as a rule, does not raise any questions, then the wording of the records when drawing up a fixed-term contract often leads to errors even among experienced HR specialists.

Commonality and differences in formulations

Legislative norms establish requirements for the content of entries in the work book, which apply to persons employed in both permanent and temporary work.

There are no fundamental differences in the wording of the employment record for an employee employed temporarily and an employee hired on a permanent basis. In both the first and second types of labor relations, this entry is drawn up in a single formulation.

Differences in the wording of entries made in the labor report will appear only at the stage of dismissal of the employee after the expiration of the contract. In this case, not only the wording will be different, but also the reference to the legal norm.

Fixed-term employment contract: entry in the work book about the acceptance of a “conscript”

When concluding a fixed-term employment contract (the grounds for its conclusion are given in Article 59 of the Labor Code of the Russian Federation), the employer is obliged to issue a decree (order) on hiring an employee, indicating in its text the specific duration of work - from what day the employee is hired for the position, and on what date will fulfill duties. When writing an order, the wording of the administrative part can be stated as follows:

“Accept Tatyana Petrovna Ivanova as a standard setter in the accounting department under a fixed-term employment contract from October 15, 2017 to October 31, 2018, for the period of maternity leave for a child of up to one and a half years old Sidorova M.P., with a salary according to the staffing table.

Grounds: statement by T.P. Ivanova, employment contract No. 217 dated October 15, 2017.”

It should be noted that, unlike an order, where an indication of hiring an employee for a certain period of time is mandatory, the legislator does not establish the mandatory nature of such an indication when entering information into the work book. Therefore, information about a predetermined period of work should not be reflected in the employment record.

The correct wording of an appointment for a specific period will not differ from the entry when concluding an open-ended contract. In the employee's worksheet it will look like this:

Entry into the employment record: expiration of the employment contract and reference to the legislative norm

A feature of fixed-term employment contracts is their expiration date, which is known in advance, which gives the employer the right to terminate the employment relationship without the employee’s resignation.

This procedure looks like this:

At least three days before the date of termination of the contract, the employer sends the employee a notice (warning) about the end of the contract. After which, upon the arrival of the end date specified in the contract, the employer issues a decree (order) to the enterprise to terminate the fixed-term employment contract due to the expiration of its validity period. The wording of the administrative part of the order in this case can be stated as follows:

“Dismiss Tatyana Petrovna Ivanova from the position of accounting standardizer as of October 31, 2018, according to clause 2, part 1, article 77 of the Labor Code of the Russian Federation, due to the expiration of the employment contract.

Basis: employment contract No. 217 dated October 15, 2017.”

Accordingly, an entry in the employment record upon dismissal should be made in the following wording:

				Information about admission, dismissal, employee movements	On what basis was the entry made?
				Dismissed due to the expiration of the employment contract, paragraph 2 of part one of Article 77 of the Labor Code of the Russian Federation	Order No. 69-K dated October 31, 2018
				HR inspector Orlova A.I. Orlova

In case of early termination of a fixed-term contract (both at the initiative of the employee and the employer), the wording of the entry in the labor contract must correspond to the corresponding article of the Labor Code of the Russian Federation. For example, if there was an agreement between the parties, the book indicates that the dismissal was made “by agreement of the parties, clause 1 of part 1 of Art. 77 Labor Code of the Russian Federation." That is, the record will not contain any references to the fixed-term nature of the contract.

Labor relations of a fixed-term nature raise many questions among business managers. The article will talk about the possible grounds for concluding such an agreement, how documents should be drawn up in this situation, and how to competently release such an employee.

A fixed-term contract is not for everyone.

An agreement on a fixed-term basis can be concluded between the parties if there is no need to cooperate for more than five years. Now let's consider possible cases for concluding such an agreement:

• You cannot enter into a contract of an open-ended nature. This is determined by:

1. Features of the conditions (absence for some reason of the main contractor, the employee is involved in work that is not typical for the activities of the enterprise, the organization was created for a short period of time, employment for the duration of training);
2. The nature of the work performed (seasonal and temporary, elected position);

• by agreement, regardless of the nature and conditions of work. Based on the cases described in Part 2 of Art. 59 of the Labor Code of the Russian Federation (the number of full-time employees in an organization is less than 35 people, contractual relations with a retired employee, moving to remote areas, urgent work, eliminating an emergency situation, election of an employee based on the results of a competition, hiring representatives of the creative environment, contracts with enterprise managers, deputies, employment of full-time and part-time students).

Registration of employment records and other subtleties of hiring an employee

A hiring order is issued.

An employer is a person responsible for storing and recording one of the most important documents of an individual hired by him. All employees, except part-time employees, are required to make an acceptance note, with the exception of the reason that their main place of work is another organization.

Even when the contract is concluded for a specific period, recording is also required.

1. Preparation of a draft employment contract, which states that the document is urgent, as well as an employment order;
2. Signature of the agreement, order by the director of the enterprise;
3. Fulfillment in the work book. The requirements for numbering the record and recording the date of commencement of the employment relationship must be observed. The following must be noted: record number, the start date of the employment relationship, information about the structural unit, position, link to the order;
4. Recording data on the employee’s book availability in a special accounting book;
5. Familiarization of the newly admitted person with all documents related to admission;
6. Transfer of a copy of the employment contract;
7. Conducting training on .

A little should be said about the process. Although this is a temporary employee, his induction into the position should be taken as seriously as possible, because he comes to work in the organization for a fairly long period.

If the quality of the adaptation process is low, the company may lose a worthy employee, and recruiting managers will again need to look for a specialist, which can be quite difficult given the urgent nature of the employment relationship.

Therefore, it is necessary to do everything so that the employee adapts as easily as possible and begins to produce results at the required level. To do this you can do the following:

• familiarize the newcomer with all the necessary documents;
• inform about the structure, values, corporate culture of the organization;
• talk about the features of interaction;
• provide access to all the information that an employee needs in his work (corporate directory, internal portal, access to accounting programs);
• appoint a mentor from among the most experienced and loyal team members;
• control the adaptation process and adjust tasks.

Mandatory condition for termination of a fixed-term contract

Some employers are greatly mistaken in believing that the dismissal of an employee in this case is automatic. becomes unlimited if the parties have not taken certain measures and the employee fulfills the duties entrusted to him.

The manager must keep this issue under control and notify the contractor of the planned termination of the employment contract.

Dismissal at the end of the employment contract

Detailed dismissal procedure.

Let's consider this procedure in detail.

1. The contractor should be notified in writing, except in the case where an employee hired under a fixed-term contract replaces the main one. No written notice is required here. The notification does not have a specific form, but there must be 2 copies (for the employee and the employer) indicating the date of dismissal;
2. Signing of the notice by the CEO/president of the company;
3. The document is registered with the obligatory assignment of a number;
4. Provide the employee with written acquaintance three days in advance with the completed notice and hand over one copy to him. It is recommended to make a note on the notification that the employee received this document;
5. The notice is filed in a special folder or attached to a personal file;
6. Drawing up an order. The document indicates that the employment contract loses its force due to the expiration of the term (clause 2, part one of Article 77 of the Labor Code of the Russian Federation) with an indication of the documents that served as the basis (contract, signed notice, employee statement);
7. sent for signature by the manager, and then it should be registered;
8. Familiarization of the employee with the order (based on Part 2 of Article 841 of the Labor Code of the Russian Federation);
9. Sending the order for storage, noting its presence in the personal file (you can make a copy and store it in the personal file of the dismissed employee);
10. Entering data into the employee’s personal card (see order data);
11. Written familiarization of the employee with all dismissal documents;
12. Transfer of information for cash payment to the accounting department;
13. Entering information about dismissal into the labor record with mandatory certification by the person responsible for document flow;
14. Familiarization of the employee with the mark in the work book, handing over the document.

The employee must sign for receipt.

Features of termination of labor relations with certain categories of workers

You can terminate a contract with a pregnant woman only in special cases.

We will initially talk about pregnant women and women who are on maternity leave, since motherhood and childhood are under special protection of the state. Let's look into this issue.

You can terminate your employment relationship with a pregnant woman in the following situations (Part 1 of Article 261 of the Labor Code of the Russian Federation):

• if a contract was concluded with the pregnant woman before the main employee left;
• in the conditions of liquidation of the legal entity where the pregnant employee was employed;
• upon termination of the company's activities.

However, a fixed-term contract is extended if the pregnant employee presents to the manager an application for extension of the employment contract and a certificate of pregnancy. Sick leave for pregnancy and childbirth is also issued on the basis of legal requirements.

If the end date of the employment relationship, indicated in the employment contract, falls during her stay on maternity leave, the employee should be dismissed subject to mandatory compliance with the requirements of the law.

A fixed-term contract with this category of employees cannot be renewed, but it is possible to conclude a new one.

The period specified in the contract is determined by the constituent documents, or, alternatively, by agreement of the parties.

The conclusion of an employment relationship may be preceded by a competition or election to a position.

Entry in the work book upon termination of the contract

Recording in the labor record is done according to all the rules.

Let us consider this procedure separately, since it is very important.

1. The entry is made in the labor record directly on the day of dismissal;
2. In the information about admission/transfer/dismissal, we indicate that the contract was terminated due to the expiration of its validity period (clause 2, part one of Article 77 of the Labor Code of the Russian Federation). We refer to the order, indicating the date;
3. The one who makes the entry indicates his position, signature, full name;
4. The document is stamped with the organization's seal. It is recommended to do this carefully, without touching the free lines;
5. The employee puts his signature on the next line;
6. This document should be given to the employee on the day of dismissal and the employee should be asked to sign the book to record the movement of books. This is important because if there is no signature, it turns out that the employer kept the document and this can lead to serious consequences;
7. If an employee is not present at work on the day of dismissal (the reasons may be completely different) and it is not possible to issue him a book, then the employer is recommended to do the following:

• draw up a written notification to the employee that the employment contract with him has been terminated (indicate the reasons - order, notice). It should also be indicated that in order to receive the book, he needs to come to where the organization’s human resources department is located to pick up the document. The employee also has the right to send a letter of consent to send a document to a postal address;
• further on the same day it is necessary to inform the employee by sending a written notification by mail. Should be sent by registered mail with return receipt requested to all employee addresses known to the employer;
• a copy/second copy of the letter must be kept in your personal file.

These measures will help you avoid troubles with inspection authorities.

What are the consequences of late issuance of a work book?

As mentioned above, the document must be given to the employee on his last day of work at the enterprise.

Certain categories of employers believe that non-delivery is a way of manipulating an employee. For example, in judicial practice there are cases when an employee did not receive a document under the pretext of the need to transfer cases, train a newly hired employee, help him in mastering business processes, etc. Naturally, it is assumed that the employee must do this on a voluntary basis, without monetary support.

Such behavior by a manager is not only unethical, it is illegal and if the employee contacts the inspection authorities, the employer will be obliged to pay monetary compensation.

Sample entry in a work book.

Is it possible to appeal the termination of such an agreement in court?

There is a possibility that a former employee will initiate legal action, so the manager should carefully follow the procedure for parting ways with the employee.

So, the employee can do this by submitting the following documents:

• statement of claim;
• contract (a copy is enough), work book (copy);
• a document showing the employee’s income level (salary certificate);
• documents that confirm the illegality of termination of employment relations.

Thus, we have found out under what circumstances a fixed-term contract should be concluded, how the acceptance and termination of an employment relationship is formalized, and what risks may exist when the contract is not terminated correctly.

From this video you will learn about dismissal upon expiration of the employment contract.

Form for receiving a question, write yours

The organization entered into a fixed-term employment contract with the employee. The employee began work within the time period specified in the contract. Now you need to make an entry in the employment record about acceptance under a fixed-term employment contract. The HR specialist had never encountered anything like this before. Are there any special features when filling out a conscript’s work book? Our experts will tell you the answer to this question.

The work book is a mandatory document upon admission

All employees, with the exception of part-time workers and people applying for a job for the first time, must present a work book upon employment. A work book is one of the mandatory documents included in the package that must be provided to the employer when applying for a job.

A work book is a document containing information about a person’s work experience. Employers enter information into the work book (Articles 66, 309 of the Labor Code of the Russian Federation).

An entry about hiring must be made in the book if the employee worked for more than 5 days (Part 3 of Article 66 of the Labor Code of the Russian Federation).

An appointment for a conscript is made in accordance with the general procedure.

Like other new employees, an employee hired under a fixed-term employment contract needs to make a corresponding entry in the work book. Moreover, it is done in a general manner (for more details, see “

It has a written form, signed by both parties, one copy is kept by the employee, the other by the employer. If the employee has actually started work, he is considered accepted for it, but the agreement must be concluded within 3 days from the date when the employee began his duties (Articles 56-84 of Chapter 10-13 of the Labor Code of the Russian Federation of December 30, 2001, Federal Law).

According to the resolution of the Ministry of Labor on the procedure for maintaining labor books, the nature of the urgency of the contract is not indicated when filling out the work book, but upon dismissal it is noted that the employee was dismissed due to the end of his employment.

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Contract and fixed-term employment contract

It is necessary to distinguish two different types of contracts:

• , which is labor in nature and regulated by the Russian Federation;
• , which is civil in nature and is regulated by Art. 702 - 729 of the Civil Code of the Russian Federation.

The contract is concluded between the customer and the contractor in the event that a specific scope of work is determined that the contractor must perform, and the customer must accept the work, or rather its result, and pay.

Thus, the rights and obligations of the contractor and the customer are established by the contract and the Civil Code of the Russian Federation. This type of agreement is not an employment contract, and an entry in the work book in connection with its conclusion is not provided.

It should be noted that contract agreements carry a certain risk for an organization or enterprise, since they do not pay contributions to the social insurance authorities and, in the event of an inspection, representatives of the Social Insurance Fund can scrupulously “dig” whether the contract should be a contract regulated by another code.

An employment contract, which clearly states the deadline for completing work, has its advantages for both the employee and the employer. The employee is protected, has a standard social package, but it is easier for the employer to ask the officially registered employee for the result of his work. This applies to seasonal work, any temporary work, part-time work or while replacing another employee.

When concluding a contract for a period, it is important for the employer not to miss and notify about the termination of the contract three days before the end of its validity, otherwise it is considered extended.

Thus, a work book is one of the main documents of an employee, and an entry in it indicates his legal protection, that his rights are regulated by labor laws and regulations, the code, and he has the right to work, rest, and insurance for the period illness and in case of dismissal.

These aspects are basic when concluding an employment contract, but sometimes it is impossible for a citizen to understand the fine network of legal nuances without the help of a specialist in the field of jurisprudence. Therefore, if you want to sign an agreement, it is better to immediately contact a specialist to diagnose it, so that later you do not have to resort to a professional for treatment.

When a fixed-term employment contract is concluded with citizens being hired, an entry in the work book is made according to a special rule. But sometimes it is not necessary to formalize it - for example, if the employee is a part-time worker and does not insist on making an entry.

Requirements of the law and officials

The Labor Code of the Russian Federation states: if a citizen gets a job not as a part-time worker, but as a main employee, his employer is obliged to reflect the employment in the work book (Article 66 of the Labor Code of the Russian Federation). An organization or individual entrepreneur has such an obligation if a new member of the workforce has worked for the company for at least 5 days. Moreover, it does not matter what kind of contract is concluded with the employee - indefinite or for a certain period.

Rostrud officials in letter No. 937-6-1 dated 04/06/2010 made an important remark: when concluding a fixed-term employment contract with a new employee, no entry is made in the employment contract about its validity period.

Otherwise, the Labor Code and the “Rules for maintaining work books” (approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003) do not establish special requirements for records of a fixed-term contract. It is done according to standard rules:

• When applying for a job it is indicated:
  • date of employment;
  • the position for which the employee was hired;
  • name of the employer (organization or individual entrepreneur);
  • details of the employment order;
• When a conscript subordinate is dismissed, the following is entered in the work book:
  • date of termination of the contract with the employee;
  • in connection with which it was terminated (reason for dismissal);
  • details of the order to terminate the employment contract;
  • signature of a personnel specialist, seal.

A record of a citizen’s employment is made within a week after his employment, and a record of termination of an employment contract is made on the day of the employee’s dismissal.

Fixed-term employment contract and work book: example of filling out

The example below will illustrate the records of the admission and dismissal of a conscript who worked for 2 months under a contract that expired on June 1, 2018.

The entry for employment is made according to general rules and does not require a separate explanation. The position indicated in the book must fully correspond to the one specified in the contract.

If the reason for termination of the contract was the expiration of its validity period, the entry will be as follows:

Entry no.				Information about hiring, transfers to another job and dismissal	On what basis was the entry made (document, date, number)
				Limited Liability Company "Tandem" Recruited to the accounting department as an accountant	Order dated April 2, 2018 No. 48-k
				The employment contract was terminated due to the expiration of the employment contract, in accordance with paragraph 2 of part one of Article 77 of the Labor Code of the Russian Federation.