Temporary workers: what features need to be considered?

[jameswilliams]

An accepted employee to replace a temporarily absent employee who retains a place of work (position) will be considered temporary in the following cases:

1) if the employment contract specifies a specific term (date) for the termination of the employment contract and the total term of its validity is less than 4 months;

2) if the employment contract indicates that the employee was hired for the period of absence of the main employee and when concluding the employment contract, the employer knew how long the absence of the main employee would last. For example, in the case of hiring for the period when the main employee is on vacation, the employer, based on the vacation order, can determine the duration of the absence of the main employee.

IT IS IMPORTANT! An employee hired for a period of 4 months for a vacant position is not considered a temporary employee. This is due to the fact that a period of 4 months is used to determine temporary work only in the case when a new employee is hired for its performance in the temporary absence of the main employee, who retains a place of work (temporary disability, being on vacation, etc.) ...

For temporary workers, incl. employed in seasonal work, the labor legislation applies with the exceptions established by Ch. 23 of the Labor Code (part two of Article 292 of the Labor Code).

The foregoing means the following:

- firstly, temporary workers can be hired to perform seasonal work for up to 2 months;

- secondly, such workers are fully covered by labor legislation, with the exception of exceptions that relate to the specifics of concluding and terminating an employment contract, engaging in work on public holidays, holidays and weekends, payment of severance pay and average earnings during forced labor. truancy.

Conclusion of an employment contract

The condition of the temporary nature of the work must be specified in the employment contract ( Article 293 of the Labor Code ).

When hiring as temporary workers, a preliminary test is not established ( clause 5 of part five of article 28 and part two of article 293 of the Labor Code).

An employment contract with a temporary worker must contain the same information and conditions as an employment contract concluded by the employer with other employees.

At the same time, an employment contract with a temporary worker must contain a condition on the temporary nature of the work, and the period of temporary work must be specified in it.

An employment contract with temporary workers is concluded in writing, drawn up in 2 copies and signed by the parties. One copy is given to the employee, the other is kept by the employer.

For more information about: define contingent