A fixed-term employment contract for the period of maternity leave and pregnancy is a sample. We draw up a fixed-term employment contract for the period of maternity leave

Labor contract 2014, 2015 - legal advice, conclusion. * Form of an employment contract with the director (in Word, doc format) - Download. terminate my employment contract during my maternity leave on. Recruitment for the period of maternity leave * You draw up a regular job - an employment contract (in this case, an urgent one until the engineer Ivanova leaves her care leave. Ideal document: An order that will not allow. * One writes the reason for terminating the employment contract in the exact. during the absence of another employee (for example, during maternity leave). a fixed-term employment contract is concluded in accordance with Part 2 of Art. time of maternity leave and storage of work books, production of work forms Application for maternity leave: how to apply correctly? based on the basis of the application that is submitted to. know a few nuances that will help you do everything right and on time. work at the enterprises and with them the labor contract is concluded. franchises, samples of templates of documents, forms and forms for 2014. Fixed-term employment contract - from conclusion to termination. * A fixed-term employment contract is one of the types of employment contracts. Also, do not forget that according to article 261 of the Labor Code of the Russian Federation in the event of the expiration of a fixed-term employment contract during pregnancy. until she has the right to maternity leave (due to pregnancy and. Forms of documents © 2015. Entry in work book about hiring on time. * September 11, 2014. Fixed-term employment contract concluded with a new employee. for the period of maternity leave, an entry in the work book is made according to. Employment contract with a temporary worker | SPOK.BY * If any labor contract is concluded with an employee for a period of up to 2 months, and for. an agreement concluded for the duration of the vacation of the main employee. Dismissal of an employee who works on a labor basis. * May 19, 2012. I work under an employment contract for the duration of my main maternity leave. Employment contract concluded for the duration of the performance. Pregnancy and work What are we entitled to. pregnancy. * July 1, 2011. If your employment contract expires just in time. term, even if pregnancy occurs during this period (or if. During the entire duration of the maternity leave, the woman will receive. up to 1.5 years in the place of the main employee Work in the place of the main employee who went on maternity leave * when the main employee returns to work during parental leave Termination of a fixed-term employment contract at the initiative of the employee Maternity leave and rights to benefits * You must be provided maternity leave in the presence of medical. if the employment contract was concluded for the period of performance of duties. help me figure out about maternity leave - Labor. * Topic help figure out about maternity leave in the section. for the period of mother's absence, conclude fixed-term employment contracts. for work during the employee's maternity leave , and at the end of the same. and childbirth. * 1 Aug 2014. She receives an allowance during her maternity leave. However, the Labor Code does not prohibit an employee at will. Labor Code of the Russian Federation Article 59. Fixed-term employment contract * for the duration of temporary (up to two months) work. By agreement of the parties, a fixed-term employment contract may be concluded. salary only in the form of a salary) to the place of an employee who is on maternity leave, and now. How to register an employee for maternity leave. * Dec 20, 2011. How to register an employee for maternity leave. employee documents - the Labor Code of the Russian Federation - an order form in the form T-1. Maternity leave - Wikipedia * During maternity leave, the employer is not entitled. having children, upon termination of the employment contract " Russian newspaper". Full information about going on maternity leave in Kazakhstan: how,. Changing the terms of the employment contract during maternity leave. * August 21, 2014. Changing the terms of an employment contract during an employee's maternity leave - answers from lawyers, legal assistance, etc.

We arrange for the work of a temporary employee for the period when the main employee is on maternity leave and parental leave

When an employee goes on maternity leave or parental leave, you have to look for a replacement for a while. Can:

(or) hire a new employee for her position (in particular, part-time) under a fixed-term employment contract (Articles 59, 60.1 of the Labor Code of the Russian Federation)

(or) temporarily transfer one of your employees to her position. At the same time, he is released from duties in his position for the duration of the transfer (Article 72.2 of the Labor Code of the Russian Federation)

(or) entrust the performance of all or part of her work to one of the employees on the terms of combination (Article 60.2 of the Labor Code of the Russian Federation) or internal combination (Article 60.1 of the Labor Code of the Russian Federation).

Given the fact that the main employee is on vacation, as a rule, long time(from several months to 3 years), most often resort to the first two options. Consider the nuances of applying for a job and dismissing temporary workers in these cases.

We draw up a fixed-term employment contract

It is important to correctly formulate the conditions for the term of the contract and the moment of its termination (Article 59 of the Labor Code of the Russian Federation). Otherwise, if the main employee leaves the vacation, you will have two employees at one workplace for some period.

Indicate in the contract with a temporary worker its validity period as a specific calendar date is not worth it. Despite the fact that maternity leave is granted for a certain number of days, it can be extended (Article 255 of the Labor Code of the Russian Federation, Article 7 of Federal Law No. N 81-FZ) paragraphs 46 - 48 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of Russia dated 06.29.2011 N 624n).

As for parental leave, the main employee may not go on it. And if she nevertheless goes on this vacation, then she can interrupt it at any time and go to work before the child turns 3 years old (Article 256 of the Labor Code of the Russian Federation).

Therefore the only correct option- prescribe a condition on the term of the contract as a period of absence from work of the main employee both in connection with maternity leave and in connection with parental leave.

Rostrud explained to us how to determine the last day of work of a temporary worker in the event that the main employee leaves the vacation.

Shklovets Ivan Ivanovich, Deputy Head Federal Service for work and employment

"The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, the place of work (position) was retained (Article 84.1 of the Labor Code of the Russian Federation).

In this situation, the last day of work and, accordingly, the day of dismissal of an employee hired for the period of absence of the main employee will be the day preceding the day the main employee leaves (Letter of Rostrud dated October 31, 2007 N 4413-6). On the last day of work, the employee should be given a work book and make the final settlement with him. The employer must be ready to issue a work book and make the final payment in any case. If the main worker goes to work when the child reaches 3 years old, the date of her going to work is known in advance. If the main worker goes to work ahead of schedule, before the child reaches 3 years old, she, as a rule, submits an application in advance.

However, if the main worker does not warn you in advance about her early exit from parental leave, it may turn out that two employees will be in the same workplace on the same day. To avoid this, it is better to indicate in the fixed-term employment contract with a temporary worker the moment of its termination as a specific event - the main worker's entry to work. At the same time, the day of dismissal. that is, the last day of work of a temporary worker will be the working day preceding the day the main worker leaves the vacation.

These conditions in the contract can be formulated as follows.

6. The employment contract is urgent and is concluded for the period of temporary absence of the accountant Petrova I.I. in connection with the birth and care of a child.

27. The employment contract is terminated on the working day preceding the day Petrova I.I.

If you entered into an employment contract with a temporary worker only for the period of maternity leave, and the main employee immediately after it took parental leave, there is nothing to worry about. Rostrud recommends simply drawing up an additional agreement and extending the employment contract (Article 79 of the Labor Code of the Russian Federation). Of course, with the consent of a temporary worker (after all, by this time he can find another job for himself).

The clause of the additional agreement, which changes the condition on the term of the employment contract, can be formulated as follows.

1. Extend the term of the employment contract dated May 23, 2011 N 21 for the period of the cashier E.A. Tikhomirova’s stay. on parental leave until the child reaches the age of 3 years.

In the work book of a temporary worker, when making an employment record, it is not necessary to indicate that a fixed-term contract has been concluded with him, as well as that it has been extended.

Breaking up with a temporary worker

Recall that the employer is obliged to notify the employee with whom a fixed-term employment contract is concluded about its termination 3 calendar days in advance. But this rule does not apply if the temporary worker is hired for the duration of maternity leave or parental leave of the main employee.

An employee who was taken on maternity leave also goes on maternity leave

Things get more complicated if the worker who was hired during the main worker's decree is also preparing to become a mother. Questions arise as to whether she can be fired, how to formalize this correctly and whether you should pay her benefits.

We fire a temporary worker

Two situations are possible here.

Situation 1. At the time of the expiration of the employment contract (that is, at the time the main employee leaves the vacation), the temporary worker is pregnant.

A pregnant temporary worker, both before going on maternity leave and during this leave, can be dismissed due to the expiration of the employment contract only if two conditions are present simultaneously (Article 261 of the Labor Code of the Russian Federation):

A fixed-term employment contract was concluded with her during the absence of the main employee in connection with the birth and care of a child, and not just a fixed-term employment contract

Your organization does not have a suitable vacancy or job to which she can be transferred before the end of her pregnancy, or she turned down the position or job offered to her.

We tell the manager

If a fixed-term employment contract is concluded for the period of maternity leave of the main employee. the company is not obliged to warn the temporary employee about the impending dismissal (Article 79 of the Labor Code of the Russian Federation).

We tell the manager

It is necessary to offer a temporary worker only work that corresponds to her qualifications or requires a lower qualification, which she can perform taking into account her state of health. And you need to offer her all the vacancies your organization has in the area. It is necessary to offer vacancies in other areas only if it is provided for by the collective agreement, agreements, labor contract.

Note

The situation under consideration must be distinguished from the situation when an ordinary fixed-term employment contract was concluded with the employee (not for the duration of the decree), but at the time of its expiration it turned out that she was pregnant. In such a situation, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, it is necessary to extend the term of the employment contract until the end of the pregnancy.

If you have suitable job and the woman has given written consent to the transfer, then the fixed-term employment contract with the temporary worker must be extended until the end of the pregnancy. What can be considered the end of pregnancy?

Until the temporary worker goes on maternity leave, you have the right to request a certificate from her confirming the state of pregnancy. If the certificate does not confirm the pregnancy, then you can safely terminate the fixed-term employment contract with it. If you do not do this, then the employment contract with the employee will be considered concluded for an indefinite period (Articles 58, 261 of the Labor Code of the Russian Federation).

After going on maternity leave, a temporary worker can be fired by the date of birth of the child, regardless of when you learned about it.

Situation 2. At the time the main employee starts working, the temporary employee is on parental leave.

You can dismiss her due to the expiration of the employment contract. After all, it is impossible to dismiss, at the initiative of the employer, a woman who has a child under the age of 3 years, only in certain cases. Termination of an employment contract due to the expiration of its term (in this case, due to the main employee going to work) (Clause 2, part 1, article 77, article 79 of the Labor Code of the Russian Federation) is not a dismissal at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation) .

We pay benefits to temporary workers

You must pay maternity benefit to a temporary worker if:

(or) her maternity leave came before the expiration of the employment contract, that is, before the main employee went to work

(or) you transfer her to another job after the main employee returns to work and extend the employment contract with her until the end of the pregnancy.

In both cases, you need to pay her an allowance for the entire period of maternity leave (Part 1, Article 10 of the Federal Law of December 29, 2006 N 255-ФЗ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood" (hereinafter - Law N 255-FZ) part 1 article 7 of Law N 81-FZ). After all, at the time of her vacation, she worked in your organization. And the fact that you then fire her by the date of the birth of the child does not matter.

If, during the term of a fixed-term employment contract concluded during the absence of the main employee in connection with the birth and care of a child, the temporary employee herself managed to go not only on maternity leave, but also on parental leave, then the allowance to care for a child under the age of one and a half years, you are obliged to pay her only until the moment of dismissal. After all, from that moment on, parental leave ceases for her (Article 11.1 of Law N 255-FZ, part 1 of article 14 of Law N 81-FZ).

We tell the employee

After being fired while on maternity leave. who is not yet one and a half years old, you can contact:

(or) for a minimum allowance for child care to the social security authority at the place of residence (Articles 13, 15 of Law N 81-FZ, paragraphs "e", paragraph 39, paragraphs "c" paragraph 45, paragraphs "b" p 46 of the Procedure and conditions for the appointment and payment of state benefits to citizens with children, approved by Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n (hereinafter - Order N 1012n))

(or) for employment and unemployment benefits to the employment center (Clause 40 of Order N 1012n, Article 3, 31 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment in Russian Federation").

Temporary worker becomes permanent

If the main employee quits own will, without leaving the vacation, and you want the temporary worker to stay with you to work, he does not need to be fired and conclude a new employment contract with him. If you do not fire him, the fixed-term employment contract will automatically become indefinite (Article 58 of the Labor Code of the Russian Federation).

Is it possible in such a situation to dismiss a temporary worker if you do not want him to stay with you to work permanently, we were told in Rostrud.

Shklovets I.I. Rostrud

"If in an employment contract with an employee hired for the period of the main employee's absence, the expiration date of the contract is determined by the main employee's return to work, then in the event of the main employee's dismissal of his own free will during parental leave, there are grounds for terminating the employment contract with temporary the employee is not available. It remains for the employer to amend the employment contract in terms of its validity period. "

It turns out that if the main employee does not go to work of his own free will before dismissal, then you will not be able to dismiss the temporary employee.

Making a temporary transfer

By general rule upon agreement with the employee, it is possible to transfer him to another job for up to 1 year. At the same time, he is released from duties in his position for the duration of the transfer. However, if you are transferring an employee to replace a temporarily absent employee who is on maternity or parental leave, the transfer time may be longer. That is, until the temporarily absent employee goes to work (Article 72.2 of the Labor Code of the Russian Federation).

Temporary transfer time additional agreement about the transfer is determined according to the same rules as the term in the employment contract with a temporary worker, which we talked about.

At the same time, it is not necessary to make a record of a temporary transfer in the work book.

However, if the main employee leaves of her own free will during the vacation, and you want to leave the transferred employee in her position and he agrees with this, then the transfer will become permanent. Then you will need to make an entry about the permanent transfer in the work book of the transferred employee from the first day of work in a new position, and not after the end of the temporary transfer period (Clause 4 of the Rules for maintaining and storing work books, preparing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225).

But if you do not want the transferred worker to work permanently in this position, then he has no advantages in such a situation. That is, you are not required to leave him in this position permanently. Therefore, after the dismissal of the main employee, you can return him to his previous position, and take a new, more suitable employee to the vacant position.

This was confirmed to us in Rostrud.

Shklovets I.I. Rostrud

"By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer to replace a temporarily absent employee, who, in accordance with the law, retains his job, until this employee returns to work. If at the end of the term transfer, the previous job was not provided to the employee, but he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent (Article 72.2 of the Labor Code of the Russian Federation).

In this situation, the employer has the opportunity to provide the employee with the previous job by issuing an appropriate order. The employee must return to their original place of work. Remaining in this position is possible only by agreement of the parties.

As they say, there is nothing more permanent than temporary. Often, an employee who was hired for the duration of the decree of the main employee remains to work in the company. Just remember to format it correctly.

Document Author

FIXED-TERM EMPLOYMENT CONTRACT

(part-time work)

g.____________________ ___________________ of the year

LLC ________ represented by the General Director __________, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and

Citizen of the Russian Federation _____________ passport series ____ No. _____, issued by ______, registered at the address: _____________________________________________________________________________, hereinafter referred to as the Employee, on the other hand, collectively referred to as the parties, have concluded this agreement (hereinafter referred to as the Agreement) as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer instructs, and the Employee assumes the performance of labor duties in the position of ________ with the Employer, for the period the main employee _____ (hereinafter referred to as the Main Employee) is on maternity leave.

1.2. This Agreement is concluded in accordance with paragraph 2 of part 1 of Article 59 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), and the Employee assumes the performance of the labor duties of the Principal Employee exclusively for the period the Principal Employee is on maternity leave, for whom (the Principal Employee) in accordance with labor legislation, the place of work is retained.

1.3. Work under this agreement is a part-time job for the Employee.

1.4. Part-time work is performed by the Employee at the place of his main job.

1.5. The performance of the Employee's labor duties under this contract is carried out under normal conditions. The work obligations of the Employee are not related to the performance heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

1.6. The employee reports directly to CEO Employer.

2. TERM OF THE CONTRACT

2.1. The employee must begin to perform his labor duties from ___________ _________.

2.2. This contract is urgent (paragraph 2, part 1, article 59 of the Labor Code of the Russian Federation), and is valid until the day the Principal Employee goes to work with the Employer, regardless of whether the Principal Employee leaves before the end of the maternity leave, or after such a vacation. This agreement shall cease to be effective from the day the Principal Employee enters work with the Employer.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. The employee's remuneration is made in proportion to the hours worked, based on the salary established by staffing Employer for this position.

3.2. Overtime is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. At the request of the Employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

3.3. Work on weekends and non-working holidays is paid in the amount of a single part official salary for a day or hour of work in excess of the official salary, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of a double part of the official salary for a day or hour of work in excess of the official salary, if the work was carried out in excess of the monthly norm of working hours. At the request of the Employee, who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in single size, and the day of rest is not payable.

3.4. Wages are paid to the Employee by transfer to the Employee's bank account twice a month on the days established by the Employer's internal labor regulations.

3.5. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee has a five-day working week with two days off - Saturday and Sunday.

4.2. The start and end time of work is determined by the Employee independently, taking into account the working hours of the Employer's organization, based on the fact that the duration of working time per day should not exceed four hours. On days when the Employee is free from the performance of labor duties at the main place of work, he can work part-time full-time.

4.3. Within one month, the duration of working hours when the Employee works part-time should not exceed half of the monthly norm of working hours established for the corresponding category of employees.

4.4. The employee is granted annual paid leave of 28 calendar days.

Annual paid holidays are granted to the Employee simultaneously with the leave for the main job. If the Employee has not worked for 6 months, then leave is provided in advance.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations of the Employer.

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. In accordance with this Agreement, the Employee is obliged to fulfill in good faith the following official duties:

5.1.1. Organize work on setting up and maintaining accounting records of the organization in order to obtain complete and reliable information about its financial and economic activities and financial position by interested internal and external users.

5.1.2. To form, in accordance with the legislation on accounting, an accounting policy based on the specifics of business conditions, structure, size, industry affiliation and other features of the organization's activities, allowing timely receipt of information for planning, analysis, control, evaluation financial position and performance of the organization.

5.1.3. To lead the work: on the preparation and approval of the working plan of accounts of accounting, containing synthetic and analytical accounts, forms of primary accounting documents used for processing business transactions, forms of internal accounting reporting to ensure the procedure for conducting an inventory and valuation of property and liabilities, documentary evidence of their availability, status and evaluation.

5.1.4. Carry out other duties assigned to the position __________ Qualification guide positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 No. 37.

5.2. The employee is obliged:

5.2.1. Comply with the Internal Labor Regulations of the Employer and other local regulations of the Employer.

5.2.2. Observe labor discipline.

5.2.3. Comply with labor protection and labor safety requirements.

5.2.4. Take care of the property of the Employer and other employees.

5.2.5. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer.

5.2.6. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.

5.2.7. Do not disclose information constituting a trade secret of the Employer.

5.3. The employee has the right to:

5.3.1. Providing him with the work stipulated by this Agreement.

5.3.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

5.3.3. Rest, including on paid annual vacation, weekly holidays, non-working holidays.

5.3.4. Compulsory social insurance in cases stipulated by federal laws.

5.3.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this Agreement.

6.1.2. Provide the Employee with the work stipulated by this agreement.

6.1.3. Provide the Employee with equipment, technical documentation and other means necessary for the performance of his labor duties.

6.1.4. Pay in full size due to the Employee wages within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to fulfill the labor duties specified in this agreement, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in accordance with the procedure established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. For the period of validity of this Agreement, the Employee shall be subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this Agreement.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he shall bear disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

9.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

9.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and / or inaction of the Employer.

10. TERMINATION

10.1. This Agreement shall terminate from the day the Principal Employee enters work with the Employer, regardless of whether the Principal Employee leaves before the end of the maternity leave, or after the end of such leave.

10.2. This Agreement may also be terminated for other reasons provided for by the current labor legislation of the Russian Federation, before the expiration of its validity.

11. FINAL PROVISIONS

11.1. The terms of this Agreement are confidential and not subject to disclosure.

11.2. The terms of this Agreement are legally binding on the parties from the moment it is signed by both parties. All changes and additions to this Agreement are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS AND SIGNATURES OF THE PARTIES

Employer:

OOO __________,

The subtleties of a fixed-term employment contract during maternity leave

About the contract for the period of maternity leave. My wife is employed under a fixed-term employment contract for the period of maternity leave to care for a child up to 3 years (during the absence of an employee). On July 1, 2013, that employee returns to work due to the end of parental leave. My wife, during the period of work, gave birth herself and went on leave to care for a child up to 3 years old, which ends on 10/09/2013 (the application for leave was written exactly up to 3 years old, and not before the expiration of the fixed-term contract). On May 13, 2013, my wife goes on maternity leave for her second pregnancy (sick leave before and after childbirth for 140 days) which will end on September 29, 2013. About sick leave no problem, the employer will pay it.

1) Will my wife be fired at the end of the maternity sick leave (09/29/2013)

2) My wife will be fired at the end of parental leave up to 3 years for the first child (09.10.2013)

3) there are some conditions so that, without dismissing, they provide leave to care for a child up to 1.5 (3 years) for a second child (the most desirable option) and what needs to be done for this. What happens maximum term maternity leave under the labor code?

Document. What employment contract is concluded for the period of “maternity” leave?

What is the employment contract

for a maternity leave?

“Maternity leave” is a term that has been firmly rooted in the minds of our citizens since Soviet times, but it is absent in Ukrainian legislation. We associate this term with a woman who is granted leave in connection with pregnancy, childbirth, and then to care for a child until the latter reaches the age of three.

Naturally, while a woman is on “maternity leave”, her place needs to be replaced by someone. The hiring of a person for the position of “maternity worker” is a typical example of a fixed-term employment contract.

However, when a woman or a man is offered a job in the place of an employee who is on “maternity leave”, they have a natural question: do they need to indicate in their work books that they were hired for the period of the main employee’s vacation? Is it reflected in any other documents?

The current legislation provides that for the period of an employee's social leave (to care for a child), another employee is hired under a fixed-term employment contract, as a reservation is made in the employment order.

An entry on the urgent nature of the employment contract is not entered in the work book. That is, the author focuses on the fact that an entry in the work book must be made, but it should not contain a mention of a “fixed-term” employment contract or the expression “accepted for a period from ___ to ___”.

It should not be forgotten that work books are maintained for all employees who work at enterprises of all forms of ownership or individuals over five days, including for persons who are:

Co-owners (owners) of enterprises, peasant (farm) enterprises

Seasonal and temporary workers

Freelance workers, provided that they are subject to state social insurance.

This is required by labor legislation, as well as Instruction No. 58.

All data on the urgent nature of the contract must be in the employee's personal file. We remind you that in the order for employment, it must be noted that the employee is hired under a fixed-term employment contract. The absence of such wording in the order may lead to the recognition of the employment contract as concluded for an indefinite period.

Indeed, according to Art. 23 of the Labor Code of Ukraine, an employment contract can be:

Indefinitely, indefinitely

Imprisoned for a certain period, established by agreement of the parties

Imprisoned for the duration of certain work.

In order to avoid all sorts of problems and disputes when applying for a job, a new employee should indicate the urgency of the employment contract in the application for employment during the “maternity leave”. For example: I ask you to accept me as a cashier for the period of maternity leave and child care until he reaches the age of three Shatokhina A.L.

If a situation arose when the “maternity leave” intended to go to work immediately after the maternity leave, but then changed her mind and first took the annual main leave, and then the leave to care for the child until he reaches the age of three, then dismissing the new employee is not necessary.

The employer must issue an order to extend the fixed-term contract with accepted employee for the period of stay of the “main” worker on parental leave until the child reaches the age of three.

In this case, the employment contract will not be considered concluded indefinitely, since it is concluded in accordance with part two of Art. 23 of the Labor Code of Ukraine, according to which a fixed-term employment contract is concluded in cases where labor relations cannot be established for an indefinite period, taking into account the conditions for performing work, that is, in our case, the work of an “urgent” employee, although permanent, has already been accepted for its implementation a “main” employee who cannot perform his job duties for a certain period.

The basis for termination of the employment contract, in accordance with paragraph 2 of Art. 36 Labor Code of Ukraine, is the end of the employment contract in accordance with paragraph. 2 and 3 Art. 23 of the Labor Code of Ukraine, except for cases when the employment relationship actually lasts and none of the parties has put forward a demand for their termination.

Therefore, the day before the exit of a full-time employee from maternity leave (about which he submits an appropriate application), an employee working in a “maternity” position is subject to dismissal under paragraph 2 of Art. 36 Labor Code of Ukraine. An employee entitled to parental leave is not limited in the right to withdraw from this leave at any time and is not limited in the right to take such leave again - until the child reaches the appropriate age (3 years or 6 years - if the child needs care according to medical advice).

Thus, if the “maternity leave” comes out of vacation, but the new employee is not given an order to dismiss (in this case, the application is not submitted by the new employee), then we can assume that he was accepted for an indefinite period.

Therefore, if at the end of the term of the employment contract, the employment relationship actually continues and none of the parties requires their termination, then the validity of this contract is considered extended for an indefinite period (Article 39-1 of the Labor Code of Ukraine). In this case, the next dismissal of an employee should be carried out on a general basis.

It often happens that an “urgent” worker is left on purpose, since the practice of illness of young children who are sent to nurseries or kindergartens is well known. The management of the enterprise may also give preference to the work experience of a new employee or transfer him to another job or position in the same enterprise.

Thus, employees who intend to work under a fixed-term employment contract need to correctly draw up applications, and when reading the order, check the conditions under which they are hired.

If the main employee of the new employee fails to leave within the period specified in the application, they do not have the right to dismiss. After all, the term of the employment contract depends precisely on the entry to work of the main employee, and not on a specific date, even if it was indicated in the application.

List of used documents

Labor Code of Ukraine - Labor Code of Ukraine

Instruction No. 58 - Instructions on the procedure for maintaining work books of employees, approved by order of the Ministry of Labor of Ukraine, the Ministry of Social Protection of Ukraine, the Ministry of Justice of Ukraine dated July 29, 1993 No. 58

“Express analysis of legislative and regulatory acts”, No. 14-15 (744-745),

In many ways, it is convenient for employers. Therefore, they try to use it nominally when hiring new employees. This type of registration of relations is simply irreplaceable when a person is hired to perform a certain amount of work, to provide services instead of a temporarily absent employee, in other cases. This method employment must go in accordance with the law. This is the Labor Code (Article 59).

If a woman expecting a child is registered according to fixed-term contract, the question arises about its future fate. How her relationship with her superiors will develop - these issues are discussed in this article.

A fixed-term contract is valid for a fixed period

A fixed-term contract is called so because it is valid for a specified period. The text of the contract must indicate the date of commencement of work, the time of their completion. Instead of the end date, the amount of work that needs to be done can be prescribed.

The temporary nature of labor relations does not relieve the management from standard duties: to pay for work on time, to create working conditions that meet the standards. The employee is also obliged to fulfill everything, obey the internal regulations of the company.

When such an agreement expires, the hired worker / employee ceases to be considered working here. In doing so, he gets paid. The procedure for dismissal is included in Article 59 of the Labor Code. However, things don't always go according to plan.

If, during the duration of a fixed-term contract, it is discovered that an employee is pregnant, different rules apply. Only in order to extend the employment contract, it is necessary to prove the fact of pregnancy.

Ways to prove the fact of pregnancy

Pregnancy must be documented

In order to make it possible to extend an employment contract previously concluded for a limited period, it is required to be documented. Oral communication is not valid in such a situation.

None external changes also will not play a role. When the period is already considerable and a rounded tummy is noticeable, you still have to take care of the availability of certain documents. Only a certificate from an official medical institution containing the relevant entry will be evidence special condition workers.

If the document is not provided, the manager will dismiss immediately after the expiration of the term. The certificate must include the following information:

personal information (name, date of birth);
diagnosis (pregnancy);

It doesn't matter in what order these data will be written. It is necessary that the certificate be issued by a state medical institution. Moreover, it must be brought not on the day of dismissal, when all the documents have already been drawn up, but in advance.

As soon as a woman receives reliable information about her interesting position, immediately she must provide such a certificate for work. This medical document will have to be brought to work several times. As soon as the employer demands it, you will need to go to the antenatal clinic again for this certificate. This may be repeated several times.

The administration has every right to make sure that the employee is really expecting a child. After all, a big belly can be a consequence, and the lady herself can get rid of an unwanted pregnancy.

Making an application

A decree with a fixed-term employment contract has features

Bringing one certificate of pregnancy is not enough. If you do not write an application demanding an extension of the employment relationship, then later you may find yourself without paid funds for pregnancy and childbirth. To avoid this situation, you should bring it to the personnel department.

The application is written to the head. In the text they state their request to extend the employment relationship, as the reason they call their pregnancy. In this case, it is necessary to refer to the prepared one.

You also need to ask for maternity leave. Then the dismissal will come after the exit from it. Such a rule operates in accordance with Article 261. After receiving such an application, the management will draw up a new one. This document will supplement the fixed-term contract itself.

Standard renewal terms

If the employee is pregnant, the extension of the fixed-term contract is issued for a certain period. This is usually the time when the pregnancy resolves. It can be childbirth, as well as termination of pregnancy (it does not matter, spontaneous / artificial).

If the pregnant woman stated in the application a request to extend the employment relationship until she leaves the maternity leave, then the term of the contract will end on that date. Thus, the contract will be valid for another 140 days after taking such leave under normal circumstances.

There are cases when the vacation is extended. For example, with multiple pregnancy. When living in dangerous regions, which are classified as zones of man-made disasters. Even operative delivery prolongs this period by more than 2 weeks.

The conditions provided to pregnant women help them to work without problems and even get a job under a fixed-term contract. Before employment, you can additionally consult a lawyer on issues containing the intricacies of this type of employment relationship.

Features of the design of the decree

Pregnant workers have their rights

Even when working under a time-limited employment contract, you can enjoy all the rights that are granted to pregnant women.

To calmly go on maternity leave, you need to state all your wishes in a statement. Then, after 30 weeks of pregnancy, they calmly go on maternity leave. These norms are contained in Article 261.

Receiving maternity benefits

For women registered under a fixed-term contract, it is carried out according to the usual principles. They receive all the money due by law until the end of maternity leave. Employees employed under a fixed-term contract are entitled to the following payments:

a special allowance that is paid for early registration;
lump sum, childbirth;
allowance (as the average salary for 140 days) for pregnancy and childbirth.

All payments are made to the account of the pregnant woman / woman in labor.

When the employment relationship ends

Article 84 of the Labor Code contains a number of provisions, in accordance with which labor relations with pregnant women who are employed under a fixed-term contract are terminated. In a situation where the temporary nature of the employment relationship was due to the temporary absence of an employee at the workplace, then after the absent employee leaves, the employer offers the temporary employee another free place.

It may involve performing a different range of duties, but still correspond to the level of qualification. The new place should also be suitable for the state of health of the pregnant woman.

If a new place does not suit a pregnant woman, she is fired. The second case of a possible dismissal of a woman carrying a child is the liquidation of the entire company. In bankruptcy and dissolution, everyone quits, even pregnant women.

How to get leave after childbirth?

70 days - maternity leave

Staying on maternity leave related to the care of a newborn is not considered an indispensable requirement of the law. Therefore, the management of the company is not obliged to send the employee on this vacation.

But if she sets out such a request in writing and submits it in an application, then the manager will most likely satisfy her. After all, refusal becomes a reason for going to court.

The court almost always takes the side of the pregnant woman. Therefore, employers prefer to pay employees these 70 days, so as not to waste useless time in lawsuits. A woman can stay for 70 days after childbirth if there were no particular difficulties during childbirth.

When 70 days after giving birth, the employee is fired. However, they do so after a warning. A young mother must find out about her dismissal no later than 3 days in advance. Notification methods 2:

in person;
in writing by mail.

Consequences of dismissal for the head

If management dismisses a pregnant woman after receiving official confirmation of her position, she can go to court. In any case, the court will protect her, reinstate her in her former workplace.

Even if the dismissal happened because the woman could not bring the certificate on time, then she takes it and goes to court with it. There they will definitely take into account her employment, support the pregnant woman and punish the leader for lawlessness.

After all, he had oral evidence of her situation, but simply did not wait for her to go to the hospital for a certificate. And it can't always be done quickly. After all, a woman works, so not every day she can appear in the clinic.

It will allow a pregnant woman not to be nervous, to do everything in a timely and correct manner to extend the employment relationship. Then she will be calm and will be in harmony with herself and with the world to expect the birth of a baby.

Opinion of a legal expert:

Another question also arises. And what about parental leave with a fixed-term employment contract? Article 261 of the Labor Code of the Russian Federation determines that if the employer, after the end of pregnancy, does not want to extend the employment relationship, then no one can force him to do this. But, if you managed to agree, then everything can be in order and you will get a vacation.

Labor rights are not violated. The real conclusion can be drawn if we analyze the initial situation in which she entered into a fixed-term contract. She knew in advance that the situation with her pregnancy could arise or had already arisen. But she deliberately entered into an agreement, realizing what the consequences could be. Therefore, there are no legal grounds to demand from the management of the enterprise more than prescribed by law. If you try to force the administration through the court to extend the employment contract, then the court, most likely, will refuse the claim. And it will be a fair decision.

The rights of the employer are also protected by law. And abuse of the right is unacceptable. This constitutional provision is also mandatory for pregnant women. The Constitution of the Russian Federation guarantees the observance of rights and freedoms, as well as their judicial protection.

Video seminar on the topic "Peculiarities of registration of temporary labor relations for the period of "maternity" leave of the main employee.":

mari_010, Read this: Question: An employee with whom a fixed-term employment contract has been granted maternity leave. On the date of birth of the child, the employment contract will still be in force, the contract terminates approximately three months after the birth of the child. What benefits should the employer pay to the employee in this case?

Answer: First of all, we note that in accordance with Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract at the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of an organization or termination of activity by an individual entrepreneur.
In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy.
Federal Law No. 81-FZ of May 19, 1995 "On State Benefits for Citizens with Children" establishes the following benefits for citizens with children:
- allowance for pregnancy and childbirth;
- a one-time allowance for women registered in medical institutions in early dates pregnancy;
- one-time allowance for the birth of a child;
- allowance for child care until the child reaches the age of one and a half years.
Women who are subject to compulsory social insurance, in particular, those working under labor contracts, have the right to pregnancy and childbirth benefits (Article 2 of the Federal Law of December 29, 2006 N 255-FZ "On the provision of benefits for temporary disability, compulsory social insurance).
The appointment and payment of benefits for pregnancy and childbirth is carried out by the employer at the woman's place of work (clause 1, article 13 of Law N 255-FZ).
Since the employment contract will continue to be valid during the maternity leave, the employer is obliged to pay the maternity benefit.
The right to a one-time allowance in addition to the allowance for pregnancy and childbirth is given to women who are registered with medical institutions in the early stages of pregnancy (Article 9 of Law N 81-FZ).
This allowance is assigned and paid at the place of destination and payment of maternity benefits (clause 17 of the Regulations on the appointment and payment of state benefits to citizens with children, approved by Decree of the Government of the Russian Federation of December 30, 2006 N 865).
Thus, in this case, the benefit is also paid by the employer.
One of the parents has the right to a one-time allowance at the birth of a child (Article 11 of Law N 81-FZ). A one-time allowance at the birth of a child is assigned and paid to one of the parents or the person replacing him at the place of work (service, study), and if the parents or the person replacing them do not work (do not serve, do not study), - by the body of social protection of the population at the place of residence of the child (clause 23 of the Regulations).
You can apply for the payment of this benefit within 6 months from the date of birth of the child (paragraph 55 of the Regulations).
Therefore, in the event that a woman applies for a benefit during the term of the employment contract, the benefit is paid by the employer. If, by the time the employment contract is terminated, the woman still does not apply to the employer with an application for payment of benefits, the benefit is paid by the social protection authority at the place of residence of the child.
Mothers or fathers, other relatives, guardians who actually care for the child, who are subject to compulsory social insurance (i.e., working under employment contracts) and who are on leave to care, have the right to a monthly allowance for caring for a child until the age of one and a half years for a child (clause 35 of the Regulations).
That is, only working mothers (fathers) who are on parental leave have the right to a monthly childcare allowance.
Therefore, upon termination of the employment contract, the mother (father) of the child loses the right to receive a monthly allowance for child care.
The right to this benefit is retained only as a result of dismissal on the grounds listed in paragraphs. "g" clause 35 of the Regulations, in particular in the event of liquidation of the employing organization.
Thus, the employer pays a monthly allowance to a mother on parental leave only until the termination of the employment contract due to its expiration. After termination of the contract, the payment of benefits ceases.

A fixed-term employment contract provides for a certain period of validity. It can only be concluded in certain cases.

temporary worker

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When an employee leaves, the employer needs to find a replacement.

The following options are available here:

hire a temporary employee with whom a fixed-term employment contract is drawn up for the period of maternity leave and pregnancy of the main employee;
transfer an existing employee to her position, while he will not perform the functions of his position;
internal part-time job, when an employee is not relieved of functions in his position.

All these methods are enshrined in the current Labor Code of the Russian Federation. They are recognized as legal and can be used by the employer at their discretion.

In practice, most convenient option is the acceptance of a new employee under a fixed-term employment contract.

This type of agreement is concluded only when it is permissible by law.

Normative base

The issues of registration and validity of fixed-term contracts are defined in the Labor Code of the Russian Federation. These provisions are enshrined in. A fixed-term agreement is concluded for a period of up to 5 years.

In part 1 of Art. 59 of the Labor Code of the Russian Federation defines a complete list of reasons for issuing this type of contract.

The same codified act approved the procedure for formalizing such relations and the process of their termination.

Fixed-term employment contract during maternity leave

In order to avoid problems with a new and former employee, it is necessary to draw up a contract as a rule. Otherwise, the employer will have both employees working at the same workplace for some time.

It is very difficult to predict in advance when the previous employee will come out of the decree. His leave can be extended.

Also, the law does not prohibit such an employee from leaving the decree earlier, interrupting its action at any time.

That is why in the urgent agreement it is necessary to indicate not a specific date, but the wording that the term of the contract will be equal to the period of absence from the workplace of the main employee.

What it is?

A fixed-term employment contract for the period of maternity leave does not generally differ from a regular agreement concluded between an employee and an employer.

The rights and obligations of an employee are identical to those that arise under normal circumstances.

The only exception is the duration of such a relationship. Under standard conditions, it is perpetual. The process of terminating an employment relationship is also different.

In a fixed-term agreement, the reason for its conclusion must be indicated.

Terms

The conditions for issuing a fixed-term employment agreement can be classified into 2 groups:

circumstances that are explained by the temporary nature of future activities;
circumstances that are not related to the temporary nature of future activities.

The Supreme Court of the Russian Federation clarified that Article 59 of the Labor Code of the Russian Federation defines a list of grounds for issuing a fixed-term agreement. Almost all of them are related to the temporary nature of the work, as in the case of replacing a temporarily absent employee who cannot be fired during the day.

When setting the duration of the employment agreement, the employer can do this in several ways:

for a certain period (month, year, 5 years, etc.);
for a certain season
for a time interval that is calculated based on some circumstances, for example, the period of absence of the main employee.

Sample

In the sample fixed-term employment agreement, provisions should be highlighted that relate to the duration of its validity. We mentioned earlier that the most optimal way is an indication of the duration of its action by a non-final date, but by the period of absence of the main employee.

Also, the contract must indicate the reasons for its registration for a limited period. This rule is enshrined in article 57 of the Labor Code of the Russian Federation. If this is not done, then the contract can be reclassified into an open-ended one.

When drawing up such an agreement, keep in mind that the probationary period is approved for the employee for a shorter period. So, it cannot exceed 2 weeks if the duration of the contract is not more than 6 months.

Remember that the employment agreement is not concluded in a certain form. However, it must contain mandatory information approved by labor legislation.

Dismissal

Dismissal occurs at any time during the functioning of the employment agreement, if a permanent employee goes to work.

In this case, the temporary employee is notified of this circumstance 3 calendar days in advance.

As a reason for terminating the employment agreement, his work book indicates dismissal due to the expiration of the contract.

Termination

Termination of the contract at the initiative of the employee is carried out in general order. The employee submits the application two weeks before the expected date of dismissal. On the last working day, he receives his work book and payment.

Also, the relationship between the employee and the employer can be terminated by agreement of the parties. In such a situation, there is no need to wait for the expiration of the 2-week period.

The relationship ends at the moment when it is determined by the parties themselves.

Translation processing

It is not necessary to hire a new employee, you can transfer an existing employee to a new position. Temporary change of activity is allowed for up to 12 months. The employee does not perform his functions during this period.

If the employee went on maternity leave, she may be absent from the workplace for more than 1 year.

The term of a temporary transfer is fixed in an additional agreement according to the same principles as the period of validity of an employment agreement with a temporary employee. The transferred employee does not need to make any entries in the work book.

If a situation arises when an employee on maternity leave leaves and this employee is permanently appointed in her place, then a note is made in this document.

However, this is only done at the request of the employer. A temporarily transferred employee does not have a priority right to occupy this position.

Pregnancy of a worker who was taken on during the decree

If a temporary worker is also preparing for the birth of a child, then her dismissal is allowed subject to two conditions:

an employment contract was drawn up with her for the period of absence of an employee who is on maternity leave;
there is no suitable vacancy in your company that could be offered to this employee or she refused it.

If a suitable job was found and the pregnant woman gives her consent to the transfer, drawn up in writing, then the agreement is extended until the end of the pregnancy, that is, the dismissal is formalized by the date the child was born.

If on the date of exit of the main employee, the temporary employee is already on maternity leave, then the employment relationship with her is terminated at the moment when the first one starts her labor duties.

Benefit payment

In every enterprise, there is a situation in which an employee leaves work for the sake of maternity leave. Then the boss needs to look for a replacement for such an employee. We need to figure out how this can be done.

An example of a fixed-term employment contract during maternity leave

When this situation occurs, there are three options:

An urgent document is concluded with a person for the duration of the employee's maternity leave;
Transfer of an employee to this position, then he will not perform past work functions;
Part-time work - then the employee will perform both his own and other people's functions, but receive an additional payment.

Each of these development options is established by law, but the first option with an urgent document is often used. Such a document is drawn up like a regular contract, only it indicates the term. Here the name of the company, the start date of the work process, the amount of salary, the term of its payment, the terms of the end of the contract are entered.

After all conditions are agreed, the document is signed by both parties. Then an order is issued. This document can be extended, if it is not extended, then the contract becomes indefinite.

Then, when an employee hired under a fixed-term contract becomes pregnant, she needs to bring a certificate from the hospital. Then the work will provide benefits.

Pregnancy during a fixed-term employment contract

As Art. 261 of the Labor Code of the Russian Federation says, in the case when an employee became pregnant, but at the same time, the management concluded an urgent paper, and the birth will be earlier specified period, the employer is obliged to renew it.

At the same time, you need to know that it is impossible to dismiss such an employee until her child is three years old. This is allowed only upon liquidation of the company. The employer is also required to pay all maternity benefits.

Probationary period with a fixed-term employment contract for the duration of maternity leave

According to Article 70 of the Labor Code of the Russian Federation, it is strictly forbidden to establish a trial period for a woman who is carrying a fetus or one who has a child under one and a half years old. If the employee is on probationary period, she can safely go on maternity leave, there are no restrictions for this.

Termination of a fixed-term employment contract during maternity leave

In this situation, the employer is obliged to extend the period when providing a certificate. This document is provided by the pregnant woman every three months.

The management of the company has the right to dismiss the employee when the paper expires, while the pregnant woman replaced another employee and does not give a written agreement for transfer to another position.

It is important to understand that such a document cannot be terminated or dismissed by an employee who is pregnant or has a child under one and a half years old.

Dismissing an employee under a fixed-term employment contract during pregnancy

Pregnancy is a difficult and very important period for every girl. The state always goes towards a woman who is carrying a child.

But sometimes a situation arises when her dismissal is allowed:

The first condition is the desire of the girl herself;
The second condition is the situation in which the term of the document ends, the employee who was replaced by the pregnant woman returns, but at the same time she refuses to transfer to another position in writing;
Another condition is the reorganization or liquidation of the company.

Sample fixed-term employment contract for maternity leave

Every employer needs to know how to properly draw up such a document.

An example paper can be downloaded here:

This document can be drawn up for a maximum of five years. If it is not renewed, it automatically becomes indefinite.

Order on the extension of a fixed-term employment contract for the period of maternity leave

To extend such a document, the employee needs to write a statement, after which the paper is concluded and an order is issued.

An example can be downloaded here:

A pregnant woman must also attach a medical certificate. There is no specific form in the laws; each organization sets its own example of paper.

You need to know that such a document indicates the period for which the contract is concluded, all the conditions, the amount. The order must indicate the name of the organization, the reasons for drawing up the order, the signature of the head and the number.

Everyone should know their rights so that in the future there are no incomprehensible situations at work. In case of any problems, you will have to turn to the judicial authorities for help, and this is a rather long and difficult process, dragging on even for several years and requiring the intervention of lawyers.